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HomeMy Public PortalAbout09 September 11, 2013 CommissionRiwer5ide County Transporration Commission MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, September 11, 2013 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside (W. COMMISSIONERS eet Chair— Karen Spiegel Vice Chair— Marion Ashley Second Vice Chair — Daryl Busch COMM-COMM-00028 Kevin Jeffries, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Bob Botts / Deborah Franklin, City of Banning Roger Berg / David Castaldo, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ella Zanowic / Jeff Hewitt, City of Calimesa Mary Craton / Randy Bonner, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Karen Spiegel / Eugene Montanez, City of Corona Scott Matas / Yvonne Parks, City of Desert Hot Springs Adam Rush / Ike Bootsma, City of Eastvale Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Ty Peabody, City of Indian Wells Glenn Miller / Michael Wilson, City of Indio Frank Johnston / Micheal Goodland, City of Jurupa Valley Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Natasha Johnson, City of Lake Elsinore Scott Mann / Wallace Edgerton, City of Menifee Tom Owings / To Be Appointed, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Berwin Hanna / Kathy Azevedo, City of Norco Jan Harnik / Susan Marie Weber, City of Palm Desert Ginny Foat / Paul Lewin, City of Palm Springs Daryl Busch / Al Landers, City of Perris Ted Weill / Scott Hines, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Andrew Kotyuk / Scott Miller, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Ben Benoit / Timothy Walker, City of Wildomar Basem Muallem, Governor's Appointee Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. Celt f ibtrsibt SUPERVISOR MARION ASHLEY FIFTH DISTRICT September 9, 2013 Ms. Anne Mayer, Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Ms. Mayer: pCCCOMG SEP 10 2013 RIVERSIDE COWNTY TRANSPORTATION OOMMISSION J During my recovery, I am appointing Supervisor John Tavaglione as my proxy, to vote on my behalf, at the September 11, 2013 Riverside County Transportation Commission Regular Meeting and at any adjournment of that meeting, to ensure business can be conducted. Very truly yours, • arion Ashley 5th District Supervisor AFect-7 cc: Karen Spiegel, RCTC Chair John Tavaglione, Supervisor Letter of Proxy MA:rnh COUNTY ADMINISTRATIVE CENTER • FIFTH FLOOR • 4080 LEMON STREET • P.O. Box 1645 • RIVERSIDE, CA 92502-1645 TELEPHONE (951) 955-1050 • FAX (951) 955-9030 • INTERNET: district5@co.riverside.ca.us MORENO VALLEY DISTRICT OFFICE • 14375 NASON STREET, SUITE 207 • MORENO VALLEY, CA 92555 PERRIS DISTRICT OFFICE • 137 S. PERRIS BOULEVARD, #137C • PERRIS, CA 92570 Riverside County Transportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: September 4, 2013 SUBJECT: Possible Conflicts of Interest — Riverside County Transportation Commission Agenda of September 11, 2013 The September 11, 2013 agenda of the Riverside County Transportation Commission includes items that may raise possible conflicts of interest. A Commissioner may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. 8N — List of Pre -Qualified Firms and Agreements for On -Call Environmental Consulting Services Consultant(s) HDR Engineering, Inc. LSA Associates, Inc. 2280 Market Street, Suite 100 20 Executive Park, Suite 200 Riverside, CA 92501 Irvine, CA 92614 Thomas Kim, Senior Vice President Rob McCann, President ICFJones & Stokes, Inc. 3550 Vine Street, Suite 100 Riverside, CA 92507 Harlan Glines, Senior Vice President VCS Environmental 30900 Rancho Viejo Road, Suite 100 San Juan Capistrano, CA 92675 Julie Vandermost, President Agenda Item No. 8Q — Amendment to Interstate 15 Corridor Improvement Project Enaineerina Aareement with HDR, Inc. Consultant(s): HDR Engineering, Inc. 2280 Market Street, Suite 100 Riverside, CA 92501 Thomas Kim, Senior Vice President Tara Byerly From: Sent: To: Cc: Subject: Attachments: Tara Byerly Thursday, September 05, 2013 4:56 PM Tara Byerly Jennifer Harmon RCTC September Commission Agenda Conflict of Interest Memo.pdf; Conflict of Interest Form.pdf Importance: High Good Afternoon Commissioners: The September Commission Agenda for the meeting scheduled for Wednesday, 9:30 a.m. is available. Please copy this link: http://www.rctc.org/uploads/media items/september-11-2013.original.pdf In addition for your review is the attached conflict of interest memo and the form. if you have any questions. Thank you. Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 September 11 @ Please let me know Tara Byerly From: Tara Byerly Sent: Friday, September 06, 2013 6:51 AM To: Tara Byerly Subject: September Commission Agenda Importance: High Good morning Commission Alternates: The September Commission Agenda for the meeting scheduled for Wednesday, September 11 @ 9:30 a.m. is available. Please copy this link: http://www.rctc.ore/uploads/media items/september-11-2013.original.pdf Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, September 11, 2013 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES — JULY 10, 2013 Riverside County Transportation Commission Agenda September 11, 2013 Page 2 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, UTILITY EASEMENT AND/OR TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN ALL OR PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-420-035 102-091-020; 117-114-011; 101-290-021; 102-040-024; 102-091-004, 102-091-005, AND 102-091-006; 102-101-002; 102-101-033; 102-270-001; 118-090-001; 118-330-012; 118-104-026, 118-104-031 AND 118-104-050; 118-160-021; 118-183-026; 118-302-001; 117-102-029; 102-420-033; 118-260-016; AND 102-050-012, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolutions of Necessity Nos. 13-022, 13-023, 13-024; 13-026; 13-027; 13-028; 13-029; 13-030; 13-031; 13-032; 13-033; 13-034; 13-035; 13-036; 13-037; 13-038; 13-039; 13-040; and 13-041, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Utility Easement and/or Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-420-035 (CPN 22124); 102-091-020 (CPN 22130); 117-114-011 (CPN 22260); 101-290-021 (CPN 22089); 102-040-024 (CPN 22127); 102-091-004, 102-091-005, and 102-091-006 (CPN 22129); 102-101-002 (CPN 22136); 102-101-033 (CPN 22137); 102-270-001 (CPN 22142); 118-090-001 (CPN 22173); 118-330-012 (CPN 22177); 118-104-026, 118-104-031, and 118-104-050 (CPN 22186); 118-160-021(CPN 22192); 118-183-026 (CPN 22215); 118-302-001 (CPN 22228); 117-102-029 (CPN 22257); 102-420-033 (CPN 22585); 118-260-016 (CPN 22644); and 102-050-012 (CPN 22752), Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), which extends the existing 91 Express Lanes east from the Orange/Riverside County line to Interstate 15, along with other operational improvements easterly to Pierce Street in Riverside. Riverside County Transportation Commission Agenda September 11, 2013 Page 3 7. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 8. CONSENT CALENDAR — All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 8A. QUARTERLY FINANCIAL STATEMENTS Page 342 Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended June 30, 2013. 8B. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Commission to receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2013. 8C. QUARTERLY SALES TAX ANALYSIS Overview This item is for the Commission to receive and file the sales tax analysis for Quarter 1 (Q1) 2013. 8D. QUARTERLY INVESTMENT REPORT Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended June 30, 2013. 8E. FISCAL YEAR 2011/12 TRANSPORTATION DEVELOPMENT ACT AND MEASURE A AUDIT RESULTS Overview This item is for the Commission to receive and file the Transportation Development Act (TDA) and Measure A audit results report for the FY 2011/12. Page 348 Page 350 Page 358 Page 375 Riverside County Transportation Commission Agenda September 11, 2013 Page 4 8F. FISCAL YEAR 2012/13 MEASURE A LOCAL STREETS AND ROADS BUDGET ADJUSTMENT Overview This item is for the Commission to approve a budget adjustment for an increase in FY 2012/13 expenditures related to Measure A local streets and roads allocations. 8G. COMMERCIAL PAPER PROGRAM AUTHORIZATION AMOUNT Overview Page 384 Page 386 This item is for the Commission to adopt Resolution No. 13-021, "Resolution of the Riverside County Transportation Commission Authorizing, and Ratifying, Confirming and Extending Prior Authorization of, the Issuance and Sale of Commercial Paper Notes, Authorizing a Reduction of the Maximum Aggregate Principal Amount of Such Commercial Paper Notes Permitted to be Outstanding at Any One Time, and Authorizing the Execution and Delivery of an Amended or Supplemented Indenture, Issuing and Paying Agent Agreement, Credit Agreement, Dealer Agreements, and Offering Memorandum, and the Taking of All Other Actions Necessary in Connection Therewith". 8H. FISCAL YEARS 2014-18 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLANS FOR LOCAL STREETS AND ROADS Page 394 Overview This item is for the Commission to approve the FYs 2014-18 Measure A Five -Year Capital Improvement Plans (CIPs) for Local Streets and Roads (LSR) for the cities of Blythe, Calimesa, Coachella, Eastvale, Hemet, Jurupa Valley, Menifee, Murrieta, Norco, and Wildomar as submitted. 81. 2009 MEASURE A MAINTENANCE OF EFFORT BASE YEAR APPROVAL FOR CITY OF MENIFEE Overview This item is for the Commission to approve the 2009 Measure A Maintenance of Effort (MOE) base year level of $214,225 for the city of Menifee (Menifee). Page 485 Riverside County Transportation Commission Agenda September 11, 2013 Page 5 8J. FEDERAL SURFACE TRANSPORTATION PROGRAM 2013 CALL FOR REHABILITATION PROJECTS — ADDITIONAL PROJECT PROGRAMMING Page 488 Overview This item is for the Commission to approve programming federal Surface Transportation Program (STP) funds for pavement rehabilitation projects in the amount of $219,989 as presented. 8K. 2014 STATE TRANSPORTATION IMPROVEMENT PROGRAM INTRA-COUNTY FORMULA ADJUSTMENT Overview This item is for the Commission to approve the 2014 State Transportation Improvement Program (STIP) intra-county formula percent adjustment. Page 491 8L. FISCAL YEARS 2013/14 ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATIONS TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Page 493 Overview This item is for the Commission to approve an allocation of Local Transportation Fund (LTF) planning funds in the amount of $598,100 to the Western Riverside Council of Governments (WRCOG) and $326,300 to the Coachella Valley Association of Governments (CVAG) to support transportation planning programs and functions as identified in each agency's FY 2013/14 LTF Program Objectives/Work Plan (Work Plan). 8M. INTERSTATE 215 SOUTH CONNECTOR GAP CLOSURE PROJECT — PROJECT APPROVAL, ENVIRONMENTAL DOCUMENT, AND FINAL DESIGN Overview This item is for the Commission to: Page 500 1) Approve the programming of federal Surface Transportation Program (STP) funds in the amount of $1,225,000 for the project approval and environmental document (PA&ED) and preliminary specifications and estimate (PS&E) phases; 2) Approve Agreement No. 14-31-004-00 with Caltrans for the PA&ED PS&E phases for the Interstate 215 South connector gap closure project; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Authorize the Executive Director, pursuant to legal counsel review, to execute any future non -funding related amendments. Riverside County Transportation Commission Agenda September 11, 2013 Page 6 8N. LIST OF PRE -QUALIFIED FIRMS AND AGREEMENTS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES Overview This item is for the Commission to: Page 531 1) Award the following agreements to provide on -call environmental consulting services for a two-year term, in an amount not to exceed an aggregate value of $1.5 million; a) Agreement No. 13-31-132-00 with ICF International; b) Agreement No. 13-31-149-00 with LSA Associates, Inc.; c) Agreement No. 13-31-150-00 with HDR Engineering, Inc.; and d) Agreement No. 13-31-151-00 with VCS Environmental; 2) Authorize the Executive Director, or designee, to execute task orders awarded to the consultants under the terms of the agreements; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 80, ACCESS EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Overview This item is for the Commission to: Page 534 1) Grant the Riverside County Flood Control and Water Conservation District (RCFC&WCD) an access easement at the Moreno Valley March Field Station site; 2) Approve Agreement No. 14-33-024-00 between the Commission and RCFC&WCD pertaining to the roles and responsibilities of each regarding the property, improvements, drainage facility, and easements at the station site and reimbursement of RCFC&WCD costs not to exceed $5,000; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda September 11, 2013 Page 7 8P. REQUEST TO DECLARE REAL PROPERTY AS SURPLUS Overview This item is for the Commission to: Page 558 1) Declare as surplus the real property in the areas of the 60/91/215 interchange, State Route 74, and former alignment of the Mid County Parkway (MCP) near Cajalco Road, included in this agenda item and attached maps; 2) Authorize the Executive Director to notify public agencies, and contiguous land owners for two of the properties on SR-74, pursuant to Government Code 54220 et.seq, the properties are available; and 3) If no response is received, authorize the Executive Director to offer the surplus properties for sale to the public. 8Q. AMENDMENT TO INTERSTATE 15 CORRIDOR IMPROVEMENT PROJECT ENGINEERING AGREEMENT WITH HDR, INC. Overview This item is for the Commission to: Page 573 1) Approve Agreement No. 08-31-059-03, Amendment No. 3 to Agreement No. 08-31-059-00, with HDR, Inc. (HDR) for environmental and preliminary engineering services consistent with the Interstate 15 Corridor Improvement Project (I-15 CIP) scope; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8R. MEMORANDUM OF UNDERSTANDING WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR THE FEDERAL TRANSIT ADMINISTRATION'S SECTION 5337 STATE OF GOOD REPAIR AND SECTION 5339 BUS AND BUS FACILITIES GRANT PROGRAMS Page 576 Overview This item is for the Commission to: 1) Approve Memorandum of Understanding (MOU) No. M-015-13 with the Southern California Association of Governments (SCAG) for the Section 5337 State of Good Repair Grant Program; and 2) Approve MOU No. M-016-13 with SCAG for the Section 5339 Bus and Bus Facilities grant program. Riverside County Transportation Commission Agenda September 11, 2013 Page 8 8S. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to: 1) Receive and file an update on state and federal legislation; and 2) Adopt an OPPOSE position to SB 594 (Hill). Page 627 9. POLICY RECOMMENDATIONS AND UPDATE OF THE STATUS OF THE IMPLEMENTATION OF UTILITY AND PRIVATE USE LICENSES Overview This item is for the Commission to: Page 635 1) Approve revisions to the RCTC Right of Way Policies and Procedures manual to include a graduated rent schedule for spur track users; and 2) Receive and file the status update. 10. TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL PROGRAM — CITY OF CORONA DEVELOPER CREDIT REIMBURSEMENT AGREEMENT Overview This item is for the Commission to: Page 645 1) Approve the reimbursement of $3,051,636 to the city of Corona (Corona) as described in the Transportation Uniform Mitigation Fee (TUMF) Administrative Plan's, TUMF Credit/Reimbursement Eligibility Process, to reimburse local agencies that enter into credit reimbursement agreements with developers for the construction of TUMF arterial road improvements; 2) Approve Agreement No. 14-72-013-00 that stipulates $490,000 will be paid to Corona upon execution of the agreement and additional reimbursement payments of up to five percent of annual TUMF regional arterial revenues will be reimbursed to Corona until the $3,051,636 obligation is complete; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Approve a budget adjustment to increase regional arterial expenditures $332,500. Riverside County Transportation Commission Agenda September 11, 2013 Page 9 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, October 9, 2013, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION SIGN -IN SHEET SEPTEMBER 11, 2013 NAME AGENCY EMAIL ADDRESS /..5JJ ,� 5..t.�-/�Ai'6-�h\4-b J/ t. ,?\.> m, AQ, kc1-1 ,..) /�,4//I-- N, C� 30 ws4-(7,._ Vtaby /Vov Asf-ovfir" A/1410/101 ELLA. 21140 otw7 / G a.4..t ......es h- A-416 Si14 CA M11187 1 4.fi, gs'-'(,-t- " L (� e "1 z,r1/4-,, 17�,,C Aga .Z-% i ' N. 4 L _ _ (ir nn -? U [� "4,0,tw c _' ,ae-rr'or to-t,J 7ffl‹ c%Gln. leze_..4. U. /J'1G"� / lt, 00 IaS : T0%nSor- ZnJ;eA)-\ V V e_) l.rr N t �k DT-- ill C'/A7-1 IE0(2_6)L C RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL SEPTEMBER 11, 2013 County of Riverside, District I County of Riverside, District II County of Riverside, District III County of Riverside, District IV County of Riverside, District V City of Banning City of Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella City of Corona City of Desert Hot Springs City of Eastvale City of Hemet City of Indian Wells City of Indio 0 0 0 City of Jurupa Valley O City of La Quinta City of Lake Elsinore City of Menifee City of Moreno Valley City of Murrieta City of Norco City of Palm Desert City of Palm Springs City of Perris City of Rancho Mirage City of Riverside City of San Jacinto City of Temecula City of Wildomar Governor's Appointee, Caltrans District 8 Vsk.XX\'Ek'sku'a\\D'skXV I� 0 AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, July 10, 2013 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Karen Spiegel at 9:30 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE Commissioner Jan Harnik led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Steve Adams Frank Johnston Marion Ashley Andrew Kotyuk Roger Berg Bob Magee Ben Benoit Basem Muallem John J. Benoit Scott Matas Bob Botts Glenn Miller Daryl Busch Tom Owings Mary Craton* Ron Roberts Joseph DeConinck Adam Rush Ginny Foat Larry Smith Berwin Hanna Karen Spiegel Douglas Hanson John F. Tavaglione Jan Harnik Ella Zanowic Terry Henderson Edward Garcia Kevin Jeffries *Arrived after the meeting was called to order 4. PUBLIC COMMENTS Rick Gibbs Scott Mann Greg Pettis Jeff Stone Ted Weill Anne Mayer, Executive Director, Chair Spiegel, and Commissioner John Tavaglione congratulated California Transportation Commissioner Joe Tavaglione for receiving the 2012 California Transportation Foundation — Person of the Year award. Riverside County Transportation Commission Minutes July 10, 2013 Page 2 Joe Tavaglione expressed appreciation to Commissioners and staff for their hard work bringing funding to the county of Riverside. Deanna Reeder, a Moreno Valley resident, expressed strong concern for the city of Moreno Valley's proposed World Logistic Center project. She asked why the Commission did not comment on this project as it will have significant impacts on State Route 60 and the residents of Moreno Valley. She referred to the SR-91 Corridor Improvement Project (SR-91 CIP) and stated the Commission's funding ends in 2039, however funding for the SR-91 CIP goes until 2043, and asked if the Commission was aware. Anne Mayer announced a settlement agreement was executed with the Friends of Riverside Hills for the Perris Valley Line project on July 9. She explained the settlement agreement will allow the Commission to move forward with the project. An update will be provided during the Closed Session item. 5. APPROVAL OF MINUTES — JUNE 12, 2013 M/S/C (Henderson/Zanowic) to approve the June 12, 2013 minutes as submitted. Abstain: Garcia, Rush, and Smith 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND/OR TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN ALL OR PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-270-010; 102-092-001; 102-102-020; 102-040-015; 118-250-027 AND 118-250-028; 117-070-029; 117-111-001; 117-270-001; AND 117-270-009, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA Chair Spiegel opened the public hearing and requested legal counsel explain the nature and scope of the hearing. Haviva Shane, legal counsel, explained the purpose of this hearing is for the Board to consider the adoption of Resolutions of Necessity Nos. 13-007, 13-013, 13-014, 13-015, 13-016, 13-017, 13-018, 13-019, and 13-020 for the acquisition of various real properties for the State Route 91 Corridor Improvement Project (SR-91 CIP). She stated at the conclusion of this hearing, the Board will be asked to adopt the resolutions of necessity and she listed the findings. She explained the purpose of this hearing is to consider the need for acquisition of the property and it is not to consider the value of the property. Riverside County Transportation Commission Minutes July 10, 2013 Page 3 Jennifer Harmon, Clerk of the Board, verified the proofs of mailing that certify the notices were sent to the property owners of said parcel numbers are on file at the Commission. She then stated the Commission received three correspondence from: 1) Borchard & Callahan on behalf of Gary Elster and Pamela Elster, property owners, to preserve their right to be heard; 2) Urtnowski & Associates on behalf of United Rentals Northwest, Inc. to reserve its right to be heard; and 3) Newmeyer & DiIlion LLP on behalf of the Corona Dynasty Suites with notice of objections to adoption of resolution of necessity on four counts: a) the RCTC failed to make reasonable efforts to acquire the property without the need for litigation; b) the project is not planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) the public interest and necessity do not require the proposed project; and d) the RCTC is incapable of conducting a fair, legal, and impartial hearing on the resolution. At this time, Jennifer Harmon called the roll for those in attendance that wish to be heard: Parcel APN CPN Resolution Number Property Owner Request to Speak 1 102-270-010 22167 13-007 Corona Dynasty Suites, Inc. No 2 102-092-001 22132 13-013 Gary S. Elster Pamela C. Elster Yes Gary V. Spencer 3 102-102-020 22138 13-014 Charlie R. Webb Rosina G. Webb No 4 102-040-015 22141 13-015 United Rentals Northwest No 5 118-250-027 118-250-028 22199 13-016 Maude -Corona, LLC No 6 117-070-029 22249 13-017 HAGF Enterprises, L.P. No 7 117-111-001 22261 13-018 Peter W. Jameson, William J. Mellor No 8 117-270-001 22274 13-019 Pranav U. Desai No 9 117-270-009 22295 13-020 M. Hebbard MacArthur No Marlin Feenstra, Project Delivery Director, presented the resolutions of necessity for the SR-91 CIP, and discussed the following areas: • Four findings required by the Board; • Project Map — Parcel locations in the project; • Offers of just compensation; • Contact summary matrix; • Parcel 2 — Gary S. Elster and Pamela C. Elster aerial view and attempts to negotiate acquisition; and • Next steps. Chair Spiegel called on the persons of interests of properties who wish to be heard on this matter. Riverside County Transportation Commission Minutes July 10, 2013 Page 4 Gary V. Spencer, representing the Elster's property, the site of a Del Taco restaurant, expressed concern regarding California Government Code Section 7267.2, which requires an appraisal before the resolution of necessity, which establishes the amount of just compensation. However, the appraisal is two years old. He discussed the valuation date for condemnation with respect to value at the time of commencement of a proceeding and stated after one year if there is no trial, the appraisal is obsolete. The Commission's representatives indicated there is an updated appraisal but it has not been provided to the Elsters nor has an offer been made that complies with Section 7267.2. He provided an overview of the discussions with the Commission concerning Del Taco, which has a certain criteria that requires the new property is located a certain distance from other Del Tacos. He has not received an appraisal to determine the value of that parcel versus the value of the Elsters' parcel and was told there would be a conference call but it did not occur. Marlin Feenstra addressed the issue of the appraisal date. He explained the issue regarding an out of date price relates to the time between when the appraisal was done and the offer was made. Chair Spiegel then called on any other persons who wish to be heard on this matter. There were no other requests to speak from the public. Chair Spiegel closed the public hearing. In response to Commissioner Terry Henderson's request for clarification if Mr. Spencer understands there will be an updated appraisal, Mr. Spencer confirmed and stated the purpose of Section 7267.2 is to get the parties together prior to filing lawsuits. Chair Spiegel clarified when the resolutions of necessity come to the Commission for approval, it was made clear the hearing was not to consider the value of the property. The hearing is for the Commission to make the four finding outlined in the presentation. M/S/C (Kotyuk/B. Benoit) to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and Riverside County Transportation Commission Minutes July 10, 2013 Page 5 d) The offer of just compensation has been made to the property owner; 3) Adopt Resolutions of Necessity Nos. 13-007, 13-013, 13-014, 13-015, 13-016, 13-017, 13-018, 13-019, and 13-020, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement and/or Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-270-010; 102-092-001; 102-102-020; 102-040-015; 118-250-027 and 118-250-028; 117-070-029; 117-111-001; 117-270-001; and 117-270-009; Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), which extends the existing 91 Express Lanes east from the Orange/Riverside County line to Interstate 15, along with other operational improvements easterly to Pierce Street in Riverside. Abstain: Garcia 7. PUBLIC HEARING — RIVERSIDE COUNTY TRANSIT SERVICES FUNDING ALLOCATION FOR FISCAL YEAR 2013/14 At this time, Chair Spiegel opened the public hearing. Fina Clemente, Transit Manager, presented the transit funding allocations for FY 2013/14, highlighting the following areas: • Short Range Transit Plans (SRTP) for FY 2013/14 — FY 2015/16 for the cities of Banning, Beaumont, Corona, Riverside, Riverside Transit Agency (RTA), SunLine Transit Agency (SunLine), Palo Verde Valley Transit Agency, and RCTC Commuter Rail Program; • Riverside County FY 2013/14 transit funding request; • FY 2012/13 and FY 2013/14 operating and capital costs; • Riverside County: FY 2013/14 expenditures by funding source; and • Staff recommendation. Commissioner Douglas Hanson stated in comparative terms, the number of riders for SunLine on a population basis is carrying many more passengers. He clarified in looking at the operating expenses for each of those projections and considering the cost per ridership, SunLine is a better bargain. He stated if funds were allocated on a per ridership basis, SunLine should ask for more funding. Fina Clemente replied beginning September 2013 the bus route will serve the North Shore area and other additional configuration of routes is being planned for next year. Riverside County Transportation Commission Minutes July 10, 2013 Page 6 Anne Mayer asked for SunLine and RTA to speak on ridership projections and operating costs. Joe Forgiarini, SunLine Director of Transit Planning, stated SunLine hopes to achieve a goal of 4.8 million this year. There are some service initiatives as well as ongoing growth of about 3 percent, which SunLine hopes to replicate next year. He stated SunLine initiated the North Shore service and there are also three productive bus routes in the valley. SunLine anticipates strong results from those investments. He expressed SunLine is confident its ridership projections can be reached. Craig Fajnor, RTA's Chief Financial Officer, explained for the last 11 of the 12 consecutive months, RTA maintained record ridership. Mr. Fajnor stated one of the issues for RTA in terms of costs is its service area is 25,000 square miles, which contains a significant amount of what RTA considers "deadhead". RTA is mandated to carry service throughout a significantly large area. Anne Mayer discussed the 13(c) issue and the federal requirement when federal grants are received by transit agencies and its impact on those transit agencies. RTA has a significant number of grants being held up due to this conflict. She stated until this matter is resolved, the Commission will need to tap into reserves to backfill the grant funds. The Commission's transit partners are actively engaged in addressing this issue, but expressed concern the Commission cannot continue to backfill these funds for an extended period of time. At this time, Commissioner Tavaglione left the meeting. Chair Spiegel then called on any other persons who wish to be heard on this matter. There were no requests to speak from the public. Chair Spiegel closed the public hearing. M/S/C (Ashley/B. Benoit) to: 1) Conduct a public hearing at the July Commission meeting on the proposed Section 5307 Program of Projects (POP); 2) Approve the FY 2013/14 Federal Transit Administration's (FTA) Section 5307 and 5311 POP for Riverside County; 3) Approve the FY 2013/14 Local Transportation Fund (LTF) and State Transit Assistance (STA) fund allocations for transit; 4) Direct staff to add projects into the Federal Transportation Improvement Program (FTIP); and 5) Adopt Resolution No. 13-012, "Resolution of the Riverside County Transportation Commission to Allocate State Transit Assistance Funds". Riverside County Transportation Commission Minutes July 10, 2013 Page 7 8. ADDITIONS / REVISIONS Per legal counsel's request, Closed Session RIC 10024161 has been pulled from the agenda. 9. CONSENT CALENDAR A comment card was submitted for Agenda Item 9A, "Fiscal Years 2014-18 Measure A Five -Year Capital Improvement Plans for Local Streets and Roads", for further discussion. Commissioner Ginny Foat requested Agenda Item 9C, "Amendment to Agreement with CH2M Hill to Complete the Final Project Report and Environmental Document for the State Route 79 Realignment Project"; and Agenda Item 9D, "Fiscal Year 2013/14 SB 821 Bicycle and Pedestrian Facilities Program Funding Recommendations", be pulled for further discussion. M/S/C (Busch/Zanowic) to approve the following Consent Calendar items. 9B. 2009 MEASURE A MAINTENANCE OF EFFORT BASE YEAR APPROVAL FOR CITY OF WILDOMAR Approve the 2009 Measure A Maintenance of Effort (MOE) base year level for the city of Wildomar (Wildomar). 9E. FISCAL YEAR 2013/14 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING CONTINUATION REQUESTS 1) Authorize payment of $1,645/month maximum subsidy per buspool for the period July 1, 2013 to June 30, 2014, to the existing Mira Loma, Riverside, and Riverside II buspools; and 2) Require subsidy recipients to meet monthly buspool reporting requirements as supporting documentation to receive payments. 9F. AUTO CENTER DRIVE STREET SIGNAL PROJECT TIED TO GRADE SEPARATION 1) Approve Agreement No. 13-24-148-00 with the city of Corona (Corona) for the installation of a traffic signal at the northerly driveway of the West Corona Station and Auto Center Drive; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Allocate $235,865 in 2009 Measure A Western County Rail funds to Corona in support of the traffic signal. Riverside County Transportation Commission Minutes July 10, 2013 Page 8 10. WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN — BENEFITS/OBLIGATIONS Cathy Bechtel, Project Development Director, reviewed the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) benefits and obligations, discussing the following areas: • Commission's involvement in the MSHCP and the Riverside County Integrated Project (RCIP); • MSHCP permittees; • Commission's obligations and contributions under the MSHCP; • Scenarios provided by the Western Riverside County Regional Conservation Authority (RCA) on how the Commission's projects could be affected if permits are revoked or modified; and • Impacts to new Commission projects. Scott Miller, RCA Vice Chair, discussed the benefits of the MSHCP and referenced the brochure "RCA Journal" that was distributed to the Commissioners and presented in Washington D.C. before members of Congress. He requested the Commission strengthen its commitment and show a strong message to the state and the federal agencies in charge of these policies. He understands there are challenges with habitat and conservation but expressed it is this type of leadership that is necessary to take on those challenges. He expressed appreciation for the Commission's leadership by supporting the MSHCP not only financially but in partnership with RCA. Charles Landry, RCA Executive Director, discussed the importance of the MSHCP for project streamlining and addressing endangered species issues. Commissioner Bob Magee expressed appreciation to staff for addressing his request and to Mr. Landry for his correspondence. He explained the city of Lake Elsinore (Lake Elsinore) donated a significant amount of acreage to this plan and Lake Elsinore wants to be a good partner as it is vested in transportation infrastructure. He explained that although the Commission is on a path to fulfill its requirement, if one city pulls out of the MSHCP, the service organizations who promised to work with the cities will then punish that particular city or potentially all of the Commission. He expressed that while more than 5,000 acres within Lake Elsinore's boundaries moved to conservation and permanently removed from tax rolls, Lake Elsinore cannot get the permits it needs. He stated Lake Elsinore does not want to impact the Commission's program but the three remaining projects are in Lake Elsinore's city limits. He believes the only one of those projects with an opportunity of being built is the additional lanes on 1-15 from Lake Street to Highway 74, which is out until 2020. He expressed it is time for Riverside County Transportation Commission Minutes July 10, 2013 Page 9 Lake Elsinore to evaluate the ramifications of pulling out of this plan. Additionally, he expressed appreciation for Mr. Landry working to form a stakeholders committee as well as the leadership of Commissioner Ashley as the current RCA chair. Lake Elsinore will observe that process very carefully. Commissioner Roger Berg expressed understanding Commissioner Magee's frustration but the city of Beaumont (Beaumont) gave a significant amount of property for the MSHCP and Beaumont sees the benefits. This plan is about working collectively as a county to facilitate building these facilities. He then discussed his strong support for the plan and provided numerous examples of its benefits. Commissioner Magee prefaced his comments with not wanting to impact the Commission's projects going forward. He expressed his belief that the only project that would be in jeopardy if Lake Elsinore pulls out of the plan would be I-15/Clinton Keith Road interchange project. He stated he sees the benefit of the program for 1-215 and SR-91 but Lake Elsinore has reached a point where it is no longer advantageous to participate. He noted RCA spent over $1 million on its report, which shows a funding gap of $4.2 billion and asked how much money the federal and state governments have pledged for this plan. Charles Landry replied the state has spent approximately $100 million on the plan, the federal government provided $40 million, an additional federal grant was received for $2.77 million, and the partners in Coachella Valley received a $3 million grant for its MSHCP. He stated that does not come near what is going to be required, however, the state and federal agencies appear to be increasing their participation levels. Commissioner Ashley expressed the importance of the quality of life and the resulting impacts if any city were to leave the plan. He provided examples of the benefits of the MSHCP on the interchanges in Coachella Valley. He cautioned that while one city leaving the plan may not have a significant impact, if another city then decides to pull out, and then another, the MSHCP will collapses and every project will be held hostage. At this time, Commissioner Larry Smith left the meeting. Commissioner Kevin Jeffries expressed the importance of a regional perspective while treating each city fairly. He commended Commissioner Ashley for being proactive with the stakeholder committee recognizing issues exist, and trying to resolve them so cities like Lake Elsinore do not have to leave the plan. He expressed the Commission needs to recognize how important it is to protect the quality of life, have a balance between development and open space, do the right thing, and leave no city behind. Riverside County Transportation Commission Minutes July 10, 2013 Page 10 Charles Landry replied RCA does not want any city to depart and RCA will work with these cities. He stated RCA does have solutions to move the Lake Elsinore projects through the MSHCP process fairly quickly. He then discussed the tasks of the stakeholders committee. Commissioner Henderson expressed appreciation for the discussion, however, she believes this is an issue of local control. She expressed concern for Commissioner Magee's issue with the MSHCP and believes the Lake Elsinore City Council will carefully consider its participation in the program. 11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION 9A. FISCAL YEARS 2014-18 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLANS FOR LOCAL STREETS AND ROADS Deanna Reeder expressed concern if the city of Moreno Valley's (Moreno Valley) Five -Year Capital Improvement Plan (CIP) is approved since it includes Nason Street. She discussed Anne Mayer's response to her concerns about the maintenance of effort (MOE) and noted Measure A does not contain a provision that states what percentage is paid by a particular city to be considered a MOE. However, it definitions the funding would not be used to replace developer required infrastructure and therefore, the Nason Street should not be included in the CIP. Commissioner Berg expressed concern for Ms. Reeder complaints about Nason Street as it is not just about the developments. He explained Nason Street provides access to the county hospital, March Air Reserve Base, and the city of Perris and is a major collector street for traffic. He expressed the improvements being made on Nason Street by Moreno Valley have helped relieve traffic congestion. Anne Mayer referred to the MOE and stated the Commission adopted MOE figures for each jurisdiction in Riverside County. Those MOE figures are a result of the hard work by the Technical Advisory Committee, the Commission's Chief Financial Officer, and the Commission's legal counsel to ensure the Commission is in compliance with Measure A when the MOE figures were adopted. She explained it is important to note MOE thresholds are established for each jurisdiction as an aggregate. Staff does not look at specific MOE funding related to individual projects within a CIP. Anne Mayer stated from a staff perspective, Moreno Valley's CIP is in compliance with Measure A and it does not conflict with MOE standards. Riverside County Transportation Commission Minutes July 10, 2013 Page 11 Commissioner Tom Owings stated Moreno Valley City Council has heard Deanna Reeder speak frequently at the council meetings and he appreciates the Commissioner Berg's and Anne Mayer's comments. He stated Nason Street is without question as Commissioner Berg described. M/S/C (Henderson/Magee) to approve the FYs 2014-18 Measure A Five - Year Capital Improvement Plans (CIPs) for Local Streets and Roads (LSR) as submitted. 9C. AMENDMENT TO AGREEMENT WITH CH2M HILL TO COMPLETE THE FINAL PROJECT REPORT AND ENVIRONMENTAL DOCUMENT FOR THE STATE ROUTE 79 REALIGNMENT PROJECT In response to Commissioner Ginny Foat's request for clarification that the final scope of work was not included on the list of the major tasks associated with Amendment No. 8, Cathy Bechtel replied included in the agenda item is the scope of work for Amendment No. 8, the bulleted items summarize the major tasks associated with the amendment and key items that will be completed. She referred to the attached Scope of Services and Cost Proposal for Final Project Report and Final Environmental Document submitted by CH2MHill. M/S/C (Foat/Benoit) to: 1) Approve Agreement No. 02-31-043-08, Amendment No. 8 to Agreement No. 02-31-043-00, with CH2M Hill to complete the Final Environmental Impact Report/Final Environmental Impact Statement (FEIR/FEIS) and project report for the SR-79 realignment project for a amount not to exceed $4,494,074; 2) Authorize the Chair, or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director, pursuant to legal counsel review, to execute amendments for non -cardinal changes to the scope of work up to a maximum contingency amount of $450,000 for a total amount not to exceed $31,742,166 (includes original contract and previous amendments of a contract value of $26,798,092); and 4) Authorize the Executive Director, pursuant to legal counsel review, to execute non -funding agreements for the environmental clearance and design of the project. Riverside County Transportation Commission Minutes July 10, 2013 Page 12 9D. FISCAL YEAR 2013/14 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM FUNDING RECOMMENDATIONS Commissioner Foat expressed concern regarding the amount allocated to the Coachella Valley, which is less than 10 percent of the total allocation and requested clarification. Anne Mayer stated 6 out of the 32 applications were from Coachella Valley so proportionally, there were fewer applications from Coachella Valley. Although $1.7 million is a relatively minor amount of funding, the SB 821 program is one of the most highly sought after competitive programs the Commission administers. Jillian Guizado replied 8 percent of the funding is going to Coachella Valley and 92 percent to Western Riverside County. She discussed the decline of submittals from the Coachella Valley over the last few calls for projects. She explained only 14 percent of the total projects submitted were from the Coachella Valley. She noted if there were more reserves, the next project eligible for funding is the city of Indio requesting $98,000. This would have made it more equitable in terms of allocation percentages. She also noted the funding allocations for the Coachella Valley from FYs 2007/08 — 2014/15 was 22 percent. She discussed the concerns raised at the Budget and Implementation Committee about the evaluation criteria and the creation of a subcommittee of the Technical Advisory Committee to review and possibly revise the evaluation criteria. Anne Mayer noted there have been concerns the SB 821 program favors pedestrian facilities over bike facilities. She stated there is an opportunity in this upcoming year to modify this program. Commissioner Glenn Miller expressed concern this program is about public access and safety and it seems there is never enough funding and asked if there are other funding sources that could be utilized to fill the need and move projects forward. Jillian Guizado replied the SB 821 program receives 2 percent in Local Transportation Fund (LTF) fund revenues from the state each year and the Commission opted to use a competitive process. She stated other counties allocate the funds by population. Anne Mayer replied this is a state program so it is a set amount of funding. Measure A does not have a separate fund for bicycle and pedestrian facilities. This year the Commission approved the 2013 Multi -Funding Call for Projects where entire fund types are being lumped together to allow the opportunity to fund more bicycle and pedestrian facilities as well as other projects. Riverside County Transportation Commission Minutes July 10, 2013 Page 13 Commissioner Magee expressed appreciation to staff for their support as staff reached out to Lake Elsinore staff at his request and worked together to complete the applications correctly. For eight consecutive years since that time, Lake Elsinore was successful in securing SB 821 funds. This year, staff contacted him to advise him that Lake Elsinore's proposals were not at the same level as in previous years. He encouraged the public works directors to not only participate but meet with Commission staff on the proposals as it will continue to be competitive. M/S/C (J. Benoit/Johnston) to approve the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities program recommended funding of $1,780,922. No: Foat 12. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 12A. Commissioner Miller introduced SunLine's Interim General Manager Roger Snoble. 12B. Commissioner Jan Harnik expressed appreciation to the city of Beaumont for sending buses to the Palm Springs Airport to help soldiers in need of transportation. 12C. Commissioner John Benoit referred to the resolutions of necessity that were adopted for the SR-91 CIP and stated it was terrific success and in a fashion that allowed for the appropriate public input. He acknowledged staff for excelling at its job for the benefit of the property owners, Riverside County, and the Commission. 12D. Anne Mayer: • Discussed the Buy America situation and briefed the Commission on a meeting held at the highest levels to come up with strategies to resolve this issue; • Stated the SR-91 CIP financing was an amazing process and discussed the market and financing rates; and • Congratulated Shirley Medina for her promotion to Planning and Programming Director. Riverside County Transportation Commission Minutes July 10, 2013 Page 14 12E. Commissioner Kotyuk: • Discussed the municipal debt issue and suggested Commissioners support the efforts to maintain tax-free interest income; and • MAP-21 subcommittee is meeting to discuss the state substitution and National Environmental Policy Act duplicities and requested the Commission participate in these discussions. 12F. Chair Spiegel expressed appreciation for the SR-91 CIP financing as there was a tremendous amount of work involved and it was the leadership of Anne Mayer that gave the Commission this opportunity. 12G. Written report on the American Public Transportation Association (APTA) Rail Conference 2013 by Commissioner Daryl Busch, Greg Pettis, Ron Roberts, and Karen Spiegel. At Chair Spiegel's request, Haviva Shane, legal counsel, announced the Closed Session items. 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Case Number(s): RIC 1113896 There was no announcement for the Closed Session item. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Chair Spiegel adjourned the meeting at 12:00 p.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, September 11, 2013, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, sl-xv"-1-k_ HO-R.JmON--- Jennifer Harmon Clerk of the Board AGENDA ITEM 6 PUBLIC HEARING RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Mark Lancaster, Interim Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Adoption of Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Utility Easement and/or Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-420-035 102-091-020; 117-114-011; 101-290-021; 102-040-024; 102-091-004, 102-091-005, and 102-091-006; 102-101-002; 102-101-033; 102-270-001; 118-090-001; 118-330-012; 118-104-026, 118-104-031 and 118-104-050; 118-160-021; 118-183-026; 118-302-001; 117-102-029; 102-420-033; 118-260-016; and 102-050-012, Located in Corona, Riverside County, California, for the State Route 91 Corridor Improvement Project, Between Pierce Street on the East to the County Line on the West, in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolutions of Necessity Nos. 13-022, 13-023, 13-024; 13-026; 13-027; 13-028; 13-029; 13-030; 13-031; 13-032; 13-033; 13-034; 13-035; 13-036; 13-037; 13-038; 13- 039; 13-040; and 13-041, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Utility Easement and/or Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-420-035 (CPN 22124); 102-091-020 (CPN 22130); 117-114-011 (CPN 22260); 101-290-021 (CPN 22089); 102-040-024 (CPN 22127); 102-091-004, 102-091-005, and 102-091-006 (CPN 22129); 102-101-002 (CPN 22136); 102-101-033 (CPN 22137); 102-270-001 (CPN 22142); 118-090-001 (CPN 22173); Agenda Item 6 1 118-330-012 (CPN 22177); 118-104-026, 118-104-031, and 118-104-050 (CPN 22186); 118-160-021(CPN 22192); 118-183-026 (CPN 22215); 118-302-001 (CPN 22228); 117-102-029 (CPN 22257); 102-420-033 (CPN 22585); 118-260-016 (CPN 22644); and 102-050-012 (CPN 22752), Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), which extends the existing 91 Express Lanes east from the Orange/Riverside County line to Interstate 15, along with other operational improvements easterly to Pierce Street in Riverside. BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of resolutions of necessity for the interests in the parcels outlined in this agenda item. These interests are required for construction of the SR-91 CIP. The power of eminent domain is used by the Commission only as a last resort to obtain interests necessary for public highway projects after: 1) negotiations have stalled; or 2) the owner has requested the Commission proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear the title to the property. In all cases, offers of just compensation have been made to the owners for the full Fair Market Value as determined by appraisals, staff attempted to negotiate amicable settlements in good faith, and will continue to do so throughout the process. Fair Market Value is defined by the state of California and is one of the most inclusive definitions in the United States. It requires the highest and best use of the property be considered. All of the Commission's appraisals must meet the California definition of Fair Market Value. Over the next several months staff will bring to the Commission those interests that meet one of the three criteria above. The timing of these resolutions will balance the need to give the owners as much time as possible to reach an agreement, while at the same time allowing enough time for the Commission to go through the process to obtain possession in time to avoid costly delays to the design -build contractor. The legal process from adoption of the resolutions of necessity to receiving legal possession of the properties takes at least 150 days. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body adopts a resolution of necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters: 1) The public interest and necessity require the proposed project; 2) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3) The real property to be acquired is necessary for the project; and 4) The offer of just compensation has been made to the property owner. Agenda Item 6 2 Since an agreement has not been reached with some owners of record, it may be necessary to acquire necessary interests described by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of resolutions of necessity for the affected properties. Record owners must be afforded an opportunity to appear at the hearing and lodge any objections. Notices of this hearing were sent by first class mail to the property owners, and stated the Commission's intent to consider the adoption of resolutions, the right of the property owners to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Commission scheduled this hearing at which all persons who filed a written request within 15 days of the date of the hearing may appear and be heard. An aerial view of the parcels subject to this staff report in relation to the SR-91 CIP is attached. Finding 1: Public Interest and Necessity Require the Project SR-91 in Riverside County ranks among the nation's worst commutes. Stop -and -go traffic is the norm, especially during morning and late afternoon rush hours. Traffic congestion on eastbound SR-91 between the cities of Anaheim and Corona is routinely among the worst 15 areas in the nation. SR-91 is continuing to experience increased congestion as a result of population growth in Riverside and San Bernardino Counties and the increase in jobs in Orange and Los Angeles Counties. Demographic projections for the Southern California Association of Governments (SCAG) region show population and employment in Riverside and Orange Counties are forecast to increase substantially by 2035. As a result, traffic volumes on SR-91 are expected to increase by approximately 50 percent by 2035, which would result in even greater congestion and delays on SR-91. The existing travel demand on SR-91 has led to a heavy directional commute pattern between Riverside and Orange/Los Angeles Counties that is projected to continue into the future. SR-91 is the only major highway that links Riverside and Orange Counties. Extending from the Riverside County/Orange County line in the city of Corona to Pierce Street in Riverside, the SR-91 CIP will add regular lanes, tolled express lanes and connectors and improve interchanges, bridges, ramps, and local streets. New connections between the SR-91 and 1-15 also will be made. The SR-91 CIP is designed to reduce delays, improve air quality, offer a choice between regular lanes and express lanes, allow faster emergency response, relieve local street congestion, and provide better access to public transit and rails. Agenda Item 6 3 Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest Public Good and Least Private Injury A thorough analysis was conducted to find the single best location for the SR-91 CIP. Environmental analyses and findings indicate the chosen alignment uniquely satisfy engineering, public health, and environmental issues, and is the most compatible with the greatest public good and least private injury. To minimize private injury, a thorough analysis regarding the need for each property and each interest was conducted in the planning stages of the SR-91 CIP. Efforts during the planning stages included conducting public outreach meetings and seeking feedback about the SR-91 CIP alignment and potential impacts. Staff also met regularly with various local agencies and businesses to determine if modifications to the alignment were necessary to minimize impacts. These efforts continued over the course of years to ensure the alignment design achieved the greatest public good with the least private injury. As part of the acquisition process, unless settlement was reached within the first 30 days after an offer was made, every owner was provided an opportunity to participate in project meetings with project staff. The goal of these meetings was to minimize private injury not only on the basis of information staff obtained through the planning process, but also on the information provided by the owners. As a result, staff in many cases made design changes or included mitigation measures to reduce and minimize impacts to the property. Compliance with the California Environmental Quality Act has been satisfied by Caltrans' certification of an environmental impact report (EIR) in its role as lead agency on August 8, 2012, and the Commission's subsequent consideration of that certified EIR in its role as a responsible agency on November 14, 2012. Finding 3: The Real Property to be Acquired is Necessary for the Project Each property interest sought below has been analyzed to determine if a feasible design alternative exists would alleviate the need for the interest. As indicated above, the property owners were invited to meet with project staff and provide input to address any concerns the property owners may have with the design of the SR-91 CIP in the manner proposed and the necessity of the acquisition. To the extent any property owner raised such concerns, staff took those concerns into consideration and attempted to make design modifications as feasible and possible. In the end, staff recommends the following interests in real property are necessary for the project. RON No. 13-022 — Owner: 2410 Wardlow Property, LLC, a Limited Liability Company; APN 102-420-035; CPN 22124 APN 102-420-035 is owned by 2410 Wardlow Property, LLC, a California limited liability company. The property is irregular in shape and is about 205,921 square feet (approximately 4.72 acres). The property is currently improved with a commercial building that contains retail Agenda Item 6 4 stores and associated parking lot. The property is bounded by Wardlow Road to the north, IHOP restaurant to the west, a commercial building to the east, and westbound Auto Center Drive/Serfas Club Drive offramp to the south. The design of the SR-91 CIP necessitates the Commission acquire fee, permanent wall easement, permanent utility easement, and temporary construction easement interests in portions of the property due to the proposed widening of the existing edge of travel way of SR-91 by about 35 feet and the resulting realignment of the westbound Maple Street onramp and the Auto Center Drive/Serfas Club Drive offramp. This widening will require a retaining wall facing the subject property, which will affect the subject property by way of a permanent wall footing easement and a temporary construction easement for construction. Additionally, widening SR-91 will require a realignment of an existing water line in the subject property's parking lot, resulting in a modified utility easement. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-022. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-023 — Owner: Chevron U.S.A., Inc., a California Corporation, a Wholly Owned Subsidiary of Standard Oil Company of California, its Successors and Assigns; APN 102-091-020; CPN 22130 APN 102-091-020 is owned by Chevron U.S.A., Inc., a California corporation, a wholly owned subsidiary of Standard Oil Company of California, its successors and assigns. The property is roughly rectangular in shape and is about 38,813 square feet (approximately 0.89 acres). The property is currently improved with a 12-pump Chevron gas station, an estimated building footprint of 2,742 square feet of convenience store, automated drive-thru car wash, associated parking lot, and other improvements. The property is bounded by Serfas Club Drive to the west, Frontage Road to the north, an abandoned golf course to the south, and residential properties to the east. The design of the SR-91 CIP necessitates the Commission acquire the entire property due to the widening of SR-91 and the realignment of the Frontage Road. The widening requires the Serfas Club Drive overcrossing bridge to be widened approximately 52 feet on each side, requiring the profile grade of Serfas Club Drive under the freeway to be lowered approximately 3 feet. Additional lanes and a raised median on Serfas Club Drive require an additional 10 feet of frontage across the west side of the subject property. The proposed Frontage Road realignment moves the Frontage Road/Serfas Club Drive intersection south approximately 280 feet due to Caltrans intersection spacing design requirements. The realigned Frontage Road will pass behind the subject property, requiring a fee acquisition across the east side of the property, which directly impacts the existing gas station service building and thus requires a full acquisition of the parcel. Agenda Item 6 5 The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-023. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-024 — Owner: Chevron U.S.A., Inc., a California Corporation; APN 117-114-011; CPN 22260 APN 117-114-011 is owned by Chevron U.S.A., Inc., a California Corporation. The property is roughly square in shape and is about 20,548 square feet (approximately 0.47 acres). The property is currently improved with a 10-pump Chevron gas station, an estimated building footprint of 532 square feet of convenience store building, associated parking lot, and other improvements. The property is bounded by West 3rd Street to the north and South Main Street to the west. The design of the SR-91 CIP necessitates the Commission acquire fee and temporary construction easement interests in portions of the property due to the widening of SR-91 and the lane addition of Main Street. The expansion of Main Street by one additional lane will require a fee acquisition of the west side of the subject property, as well as a temporary construction easement for construction. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-024. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-026 — Owner: HGN Corona Partners, LLC; APN 101-290-021; CPN 22089 APN 101-290-021 is owned by HGN Corona Partners, LLC. The property is roughly triangular in shape and is about 159,452 square feet (approximately 3.66 acres). The property is currently improved with an estimated building footprint of 23,240 square foot commercial building, associated parking lot, and other improvements. The property is bounded by Green River Road to the northwest, and the SR-91 to the southeast. The design of the SR-91 CIP necessitates the Commission acquire a fee, wall easement, and temporary construction easement interests in portions of the property due to the widening of SR-91 by about 27 feet north of the existing edge of travel way, resulting realignment of Green River Road onramp. This widening primarily affects the parking spaces of the southeast side of the subject property. As a result, this widening will require a retaining wall facing the subject property, which will affect the subject property by adding a permanent wall footing easement and a temporary construction easement for construction. Agenda Item 6 6 The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-026. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-027 — Owner: Watson Land Company, a California Corporation; APN 102-040-024; CPN 22127 APN 102-040-024 is owned by Watson Land Company, a California Corporation. The property is square in shape and is about 895,927 square feet (approximately 20.57 acres). The property is currently improved with an estimated building footprint of 401,608 square feet of industrial buildings, associated parking lot, and other improvements. The property is bounded by Pomona Road to the north, the SR-91 to the south, and commercial buildings to the east and west. The design of the SR-91 CIP necessitates the Commission acquire wall footing and temporary construction easement interests in portions of the property due to the widening of SR-91 by about 47 feet north of the existing edge of travel way, resulting in shifting west bound Auto Center Drive offramp north toward the subject property, and adding west bound Maple Street onramp between SR-91 and Auto Center Drive/Serfas Club Drive offramp. This widening will require a fee acquisition of the south side of the subject property, and a retaining wall, which will affect the subject property by adding a three-foot permanent wall footing, and a temporary construction easement for construction. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-027. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-028 — Owner: Donald G. Welch, Sara I. Welch, and Nancy Helen Taylor, Trustee of the Newman and Nancy H. Taylor Family Trust, Survivor's Trust, Dated May 11, 2010; APN 102-091-004, 102-091-005 and 102-091-006; CPN 22129 APN 102-091-004, 102-091-005 and 102-091-006 is owned by Donald G. Welch, Sara I. Welch, and Nancy Helen Taylor, Trustee of the Newman and Nancy H. Taylor Family Trust, Survivor's Trust, dated May 11, 2010. The property is roughly irregular in shape and is about 40,457 square feet (approximately 0.93 acres). The property is currently improved with an estimated building footprint of 1,774 square feet of commercial buildings and associated parking lot used to store its vehicle inventory. The property is bounded by Frontage Road to the north, a Chevron station to the south, Ridgeview Terrace and residential houses to the east, and Serfas Club Drive to the west. Agenda Item 6 7 REVISION TO PAGE 8 IN The design of the SR-91 CIP necessitates the Commission acquire the full fee interest in property due to the widening of SR-91 and the reconfiguration of the Serfas Club Drive on and offramps. The proposed Serfas Club Drive interchange design requires the existing Frontage Road alignment to be shifted south to accommodate the realigned on and offramps, directly impacting the existing commercial building located on the subject property. Frontage Road will pass directly through the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-028. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-029 — Owner: Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008; APN 102-101-002; CPN 22136 APN 102-101-002 is owned by Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008. The property is rectangular in shape and is about 69,865 square feet (approximately 1.6 acres). The property is currently improved with an estimated building footprint of 1,256 square feet of commercial building, associated RV parking lot, and other improvements. The property is bounded by the SR-91 to the north, residential houses to the south, commercial building to the east, and RV parking to the west. The design of the SR-91 CIP necessitates the Commission acquire the full fee interest in the property due to the widening of SR-91 and the reconfiguration of the Serfas Club Drive on and offramps. The proposed Serfas Club Drive interchange design requires the existing Frontage Road alignment be shifted south to accommodate the realigned on and offramps, resulting in Frontage Road passing directly through the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-029. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-030 — Owner: Gerald J. Norman , APN 102-101-033; CPN 22137 APN 102-101-033 is owned by Gerald J. Norman Commission, as to Parcels A and B respectively. The property is roughly rectangular in shape and is about 25,546 square feet (approximately 0.59 acres). The property is currently improved with an estimated building footprint of 6,300 square feet of commercial building, associated parking lot, and other improvements. The property is bounded by Frontage Road to the north, Ridgeview Terrace to the southeast, and an alley to the west. Agenda Item 6 The design of the SR-91 CIP necessitates the Commission acquire the full fee interest in property due to the widening of SR-91 and the reconfiguration of the Serfas Club Drive on and offramps. The proposed Serfas Club Drive interchange design requires the existing Frontage Road alignment to be shifted south to accommodate the realigned on and offramps, directly impacting the existing commercial building located on the subject property. Frontage Road will pass directly through the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-028. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-029 — Owner: Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008; APN 102-101-002; CPN 22136 APN 102-101-002 is owned by Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008. The property is rectangular in shape and is about 69,865 square feet (approximately 1.6 acres). The property is currently improved with an estimated building footprint of 1,256 square feet of commercial building, associated RV parking lot, and other improvements. The property is bounded by the SR-91 to the north, residential houses to the south, commercial building to the east, and RV parking to the west. The design of the SR-91 CIP necessitates the Commission acquire the full fee interest in the property due to the widening of SR-91 and the reconfiguration of the Serfas Club Drive on and offramps. The proposed Serfas Club Drive interchange design requires the existing Frontage Road alignment be shifted south to accommodate the realigned on and offramps, resulting in Frontage Road passing directly through the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-029. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-030 — Owner: Gerald J. Norman and Riverside County Transportation Commission, as to Parcels A and 8 Respectively; APN 102-101-033; CPN 22137 APN 102-101-033 is owned by Gerald J. Norman and Riverside County Transportation Commission, as to Parcels A and B respectively. The property is roughly rectangular in shape and is about 25,546 square feet (approximately 0.59 acres). The property is currently improved with an estimated building footprint of 6,300 square feet of commercial building, associated parking lot, and other improvements. The property is bounded by Frontage Road to the north, Ridgeview Terrace to the southeast, and an alley to the west. Agenda Item 6 8 The design of the SR-91 CIP necessitates the Commission acquire the entire fee interest in the property due to the widening of SR-91 and the reconfiguration of the Maple Street on and offramps. The proposed Maple Street interchange design requires the existing Frontage Road alignment to be shifted south through the existing improvements to accommodate the realigned on and offramps, directly impacting the existing commercial building located on the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-030. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-031 — Owner: S.C.W., a California Limited Partnership; APN 102-270-001; CPN 22142 APN 102-270-001 is owned by S.C.W., a California limited partnership. The property is roughly triangular in shape and is about 35,670 square feet (approximately 0.82 acres). The property is currently improved with an estimated building footprint of 7,700 square feet of commercial/industrial building, associated parking lot, and other improvements. The property is bounded by commercial use to the north and west, SR-91 the south, and Maple Street to the east. The design of the SR-91 CIP necessitates the Commission acquire fee, permanent wall footing, and temporary construction easement interests in portions of the property due to the widening of SR-91 and resulting realignment of the westbound Auto Center Avenue offramp. This widening will require retaining walls, which will affect the subject property. Additionally, due to the reconfiguration of the Maple Street interchange, the existing Auto Center Avenue offramp diverge -point had to be relocated approximately 2000 feet east to allow sufficient clearance for the proposed westbound Maple Street to land and merge. The shift of the diverge -point east affects the south west corner of the subject property. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-031. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-032 — Owner: Cleon E. Benson, Jr., Trustee of The Cleon E. Benson, Jr. and Mildred T. Benson Family Trust U/D/T Dated July 25, 1975; APN 118-090-001; CPN 22173 APN 118-090-001 is owned by Cleon E. Benson, Jr., Trustee of The Cleon E. Benson, Jr. and Mildred T. Benson Family Trust U/D/T dated July 25, 1975. The property is irregular in shape and is about 100,603 square feet (approximately 2.31 acres). The property is currently Agenda Item 6 9 improved with an estimated building footprint of 24,986 square feet commercial buildings, associated parking lot, and other improvements. The property is bounded by SR-91 to the south, Smith Avenue to the west, and Pomona Road to the north and east. The design of the SR-91 CIP necessitates the Commission acquire fee, permanent wall easement, permanent utility easement, and temporary construction easement interests in portions of the property because the subject property is impacted due to the widening of SR-91 by about 47 feet north of the existing edge of travel way. This primarily affects the parking spaces that are located along the southern boundary of the subject property. The widening also requires a retaining wall of approximate height of eight feet, which affects the southern frontage of the subject property by way of a permanent wall footing easement and a temporary construction easement for construction. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-032. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-033 — Owner: Nasser Etebar, Trustee of the Etebar Revocable Trust, Dated June 24, 1982 (as to an Undivided 50 Percent interest) and Behzad B. Barouti and Angela T. Barouti, Trustees of the Bob and Angela Barouti Family Trust Established March 31, 2003 (as to an Undivided 50 Percent Interest); APN 118-330-012; CPN 22177 APN 118-330-012 is owned by Nasser Etebar, Trustee of the Etebar Revocable Trust, dated June 24, 1982 (as to an undivided 50 percent interest) and Behzad B. Barouti and Angela T. Barouti, Trustees of the Bob and Angela Barouti Family Trust established March 31, 2003 (as to an undivided 50 percent interest). The property is roughly rectangular in shape and is about 85,876 square feet (approximately 1.97 acres). The property is currently improved with an estimated building footprint of 58,873 square feet of commercial building, associated parking lot, and other improvements. The property is bounded by commercial buildings to the north and west, Pomona Road to the south, and North Sherman Avenue to the east. The design of the SR-91 CIP necessitates the Commission acquire fee and temporary construction easement interests in portions of the property because due to the widening of SR-91 by about 20 feet north of the existing edge of travel way, resulting in shifting Pomona Road north toward the subject property. This widening will primarily affect the RV parking spaces and the landscaping on the southern part of the property. To accommodate the freeway widening and the Pomona Road shift, this widening will require a fee acquisition of the southern part of the subject property and a temporary construction easement for construction. Agenda Item 6 10 The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-033. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-034 — Owner: VPM Magnolia Court LP, a California Limited Partnership; APN 118-104-026, 118-104-031 and 118-104-050; CPN 22186 APN 118-104-026, 118-104-031 and 118-104-050 is owned by VPM Magnolia Court LP, a California limited partnership. The property is roughly rectangular in shape and is about 50,637 square feet (approximately 1.16 acres). The property is currently improved with an estimated building footprint of 10,984 square feet of apartment buildings, and 404 square feet of carport garage. The property is bounded by SR-91 to the north, Doris Lane to the south and east, and South Sherman Avenue to the west. The design of the SR-91 CIP necessitates the Commission acquire a temporary construction easement interest in portions of the property because a portion of the subject property will temporary impacted due to the widening of SR-91 by about 40 feet south of the existing edge of travel way. The widening causes the proposed edge of travel way to be within 15 feet of the Caltrans right of way. Therefore, to meet a Caltrans sound wall design requirement, the proposed sound wall needs to be constructed on a safety shape concrete barrier and the existing sound wall (no barrier) on the subject property needs to be demolished. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-034. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2103. RON No. 13-035 — Owner: Kenneth James Tressen and Sharon Ann Tressen, as Trustees of the Kenneth James Tressen and Sharon Ann Tressen Living Trust Dated March 24, 1994; APN 118-160-021; CPN 22192 APN 118-160-021 is owned by Kenneth James Tressen and Sharon Ann Tressen, as Trustees of the Kenneth James Tressen and Sharon Ann Tressen Living Trust dated March 24, 1994. The property is roughly triangular in shape and is about 36,250 square feet (approximately 0.83 acres). The property is currently improved with an estimated building footprint of 12,200 square feet of commercial building, associated parking lot, and other improvements. The property is bounded by commercial building to the north and west and Pomona Road to the south and east. Agenda Item 6 11 The design of the SR-91 CIP necessitates the Commission acquire the entire fee interest in the property because due to the widening of SR-91 and the reconfiguration of the westbound Lincoln Avenue on and offramps. The proposed Lincoln Avenue interchange design requires the existing Pomona Road alignment to be shifted north to accommodate the realigned on and offramps, directly impacting the existing commercial building located on the subject property. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-035. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-036 — Owner: McDonald's Corporation, a Delaware Corporation, as Surviving Corporation of a Merger with Franchise Realty Interstate Corporation, an Illinois Corporation; APN 118-183-026; CPN 22215 APN 118-183-026 is owned by McDonald's Corporation, a Delaware corporation, as surviving corporation of a merger with Franchise Realty Interstate Corporation, an Illinois corporation. The property is irregular in shape and is about 48,248 square feet (approximately 1.11 acres). The property is currently a McDonald's restaurant, with an estimated building footprint of 4,270 square feet of a restaurant building with associated drive -through and parking lot. The property is bounded by D Street to the north, the entrance to the Flamingo Mobile Lodge mobile home park to the south, and Lincoln Avenue to the east, the Corona del Rey Apartments community center to the west. The design of the SR-91 CIP necessitates the Commission acquire a fee interest in portions of the property due to the widening of SR-91, the realignment of the eastbound Lincoln Avenue on- and off- ramps, and the addition of a new frontage road. This widening will require the freeway to be widened approximately 42 feet on the south side at this location. D Street will be extended east to connect with 2nd Street at Vicentia Avenue. The eastbound Lincoln Avenue on and offramps will be realigned to intersect with the newly extended D Street. The section of existing D Street just north of the subject property will need to be widened approximately 12 feet to correspond to the proposed double left turn pocket of the new frontage road at the Lincoln Avenue intersection. The legal definition, legal description, and plat map of the portions to be acquired are exhibits to Resolution of Necessity No. 13-036. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. Agenda Item 6 12 RON No. 13-037 — Owner: Li Li; APN 118-302-001; CPN 22228 APN 118-302-001 is owned by Li Li. The property is roughly rectangular in shape and is about 24,883 square feet (approximately 0.57 acres). The property is currently a residential property, with an estimated building footprint of a 1,030 square foot house with detached garage. The property is bounded by the east bound Grand Boulevard offramp to the north, South Vicentia Avenue to the east, and neighboring multi -family residential properties to the west and south. The design of the SR-91 CIP necessitates the Commission acquire the full fee interest in the property because due to the widening of SR-91 and the addition of a new frontage road. This widening will require the freeway to be widened approximately 72 feet on the south side at this location. The east bound Grand Avenue offramp will be eliminated. The proposed frontage road extends 2nd Street west approximately % mile to connect to D Street at Lincoln Avenue. The legal definition(s), legal description(s), and plat map(s) of the property to be acquired are exhibits to Resolution of Necessity No. 13-037. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. RON No. 13-038 — Owner: Global Corporate Center, Inc., a California Corporation; APN 117-102-029; CPN 22257 APN 117-102-029 is owned by Global Corporate Center, Inc., a California corporation. The property is rectangular in shape and is about 151,016 square feet (approximately 3.47 acres). The property is currently improved with an estimated building footprint of 22,558 square feet of a mixed -use commercial building, associated parking lot, and other improvements. The property is bounded by SR-91 to the north, West 3rd Street to the south, and North Main Street to the east. The design of the SR-91 CIP necessitates the Commission acquire fee, permanent wall easement and temporary construction easement interests in portions of the property due to the widening of SR-91 and the reconfiguration of the Main Street on and offramps. The realignment of the Main Street offramp shifts south, directly impacting the associated parking on the north front of the subject property, causing a permanent wall footing easement on the subject property as well as a temporary construction easement during construction. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-038. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on August 23, 2013. Agenda Item 6 13 RON No. 13-039 — Owner: Michael Dionisiou and Sandy Dionisiou; APN 102-420-033; CPN 22585 APN 102-420-033 is owned by Michael Dionisiou and Sandy Dionisiou. The property is roughly square in shape and is about 31,186 square feet (approximately 0.72 acres). The property is currently improved with a restaurant building (the Lucky Greek) of an estimated footprint of 2,510 square feet, associated drive-thru, parking lot, and other improvements. The property is bounded by Wardlow Road to the north the eastbound Auto Center Drive offramp to the south, Auto Center Drive to the east, and another restaurant building (IHOP) to the west. The design of the SR-91 CIP necessitates the Commission acquire a fee interest in a portion of the property because due to the widening of Auto Center Drive under SR-91 by an additional lane, resulting in shifting the eastern limit of Auto Center Drive east toward the subject property. Auto Center Drive has to be widened by one lane under the freeway to allow for the addition of another northbound left turn pocket to service the traffic needs entering the westbound SR-91. North of the westbound onramp, Auto Center Drive will taper back to the existing width at the Wardlow Road intersection. The proposed roadway improvements impact the western frontage of the subject property. The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-039. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on August 23, 2013. RON No. 13-040 — Owner: Maude -Corona LLC (Corona West Mobile Home Park); APN 118-260-016; CPN 22644 APN 118-260-016 is owned by Maude -Corona LLC. The property is rectangular in shape and is about 515,104 SF (approximately 11.83 acres). The property is currently a mobile home park with approximately 100 spaces, associated drive aisles, and other improvements. The property is bounded by Pomona Road to the north and SR-91 to the south, residential properties to the east, and the Corona Honda dealership to the west. The design of the SR-91 CIP necessitates the Commission acquire fee permanent footing and temporary construction easement interests in portions of the property because due to the widening of SR-91 and reconfiguration of the westbound Lincoln Avenue on and offramps into a tight diamond interchange. This widening will result in an impact to the southern frontage of the subject property. The reconfigured westbound Lincoln Avenue offramp diverges from the widened SR-91 roughly half way across the southern frontage of the subject property, increasing the impact on the southern frontage. Agenda Item 6 14 The legal definition(s), legal description(s), and plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 13-040. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on August 8, 2013. RON No. 13-041 — Owner: Tony Abboud and Joumana Abboud Dib (as to an Undivided 50 Percent interest) and Jignesh Patel and Leena Patel, Co -Trustees of the Jignesh Patel Family Revocable Living Trust Dated November 29, 2012 (as to an Undivided 50 Percent Interest); APN 102-050-012; CPN 22752 APN 102-050-012 is owned by Tony Abboud and Joumana Abboud Dib (as to an undivided 50 percent interest) and Jignesh Patel and Leena Patel, Co -Trustees of the Jignesh Patel Family Revocable Living Trust dated November 29, 2012 (as to an undivided 50 percent interest). The property is roughly rectangular in shape and is about 45,285 square feet (approximately 1.04 acres). The property is currently undeveloped terrain. The property is bounded by Serfas Club Drive to the southeast. The design of the SR-91 CIP necessitates the Commission acquire a fee interest in portions of the property due to the widening of SR-91 and the lane addition of Serfas Club Drive. The expansion of lanes of the Serfas Club Drive will require a fee acquisition of the east side of the property. The legal definition(s), legal description(s), and plat map(s) of the portion to be acquired are exhibits to Resolution of Necessity No. 13-041. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. Finding 4: Offers of Just Compensation Have Been Made to the Property Owners Preliminary title reports and/or litigation guarantees were obtained from Commonwealth Land Title Insurance Company to confirm and identify the record owners of the parcels affected by the SR-91 CIP. The Commission then served the affected property owners with notices of the Commission's decision to appraise the property. The Commission had the properties appraised by appraisal firms Hawran & Malm, LLC; Integra Realty Resources —Los Angeles; Kiley Company; Lidgard and Associates, Incorporated; and Mason & Mason to establish the fair market value of the real property the Commission is seeking to acquire from the interests owned by the property owners identified herein. Review appraisals were prepared by Hennessey & Hennessey LLC and Kiley Company. Fixture and equipment appraisals were prepared by Crockett & Associates, Ltd.; Desmond, Marcello & Amster; and Hodges Lacey & Associates, LLC. Agenda Item 6 15 Offers of just compensation were made to the property owners to purchase the property interests, based on the approved appraisals, as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible, it would be appropriate to commence the procedures to acquire the interests sought through eminent domain, to ensure the property will be available to meet the time frames associated with the construction of the SR-91 CIP. Fiscal Impact There is no fiscal impact due to adoption of the resolutions of necessity. All property acquisition expenses are included in the SR-91 CIP budget. Attachments: 1) Resolution No. 13-022 2) Resolution No. 13-023 3) Resolution No. 13-024 4) Resolution No. 13-026 5) Resolution No. 13-027 6) Resolution No. 13-028 7) Resolution No. 13-029 8) Resolution No. 13-030 9) Resolution No. 13-031 10) Resolution No. 13-032 11) Resolution No. 13-033 12) Resolution No. 13-034 13) Resolution No. 13-035 14) Resolution No. 13-036 15) Resolution No. 13-037 16) Resolution No. 13-038 17) Resolution No. 13-039 18) Resolution No. 13-040 19) Resolution No. 13-041 Agenda Item 6 16 RESOLUTION NO. 13-022 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, PERMANENT UTILITY EASEMENT, TEMPORARY BUILDING DEMOLITION EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY ACCESS EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-420-035, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement, permanent utility easement, temporary building demolition easement, temporary construction easement and temporary access easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-420-035 (Caltrans Parcel No. 22124), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for fee, permanent wall footing easement, permanent utility easement, temporary building demolition easement, temporary construction easement and temporary access easement interests in the property to be acquired is for the SR-91 Corridor 17 Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section S. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein 18 described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 19 20 EXHIBIT A 22 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Permanent Utility Easement" grants to RCTC, including its successors and assigns, a permanent and perpetual easement, to relocate, construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect and/or remove, at any time and from time to time, underground utilities, including but not limited to sewers, water, electrical systems and communication systems, consisting wires, underground conduits, cables, vaults, manholes, handholds, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means and/or other purposes, in, under, on, over, along and across the land, as determined necessary by RCTC, its successors and assigns, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC will not unreasonably withhold from Grantor, its successors and assigns, the right to utilize the easement area for parking, driveway access, landscaping (exclusive of vertical penetration), open space and density or floor area calculation. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation. No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of RCTC, its successors and assigns. "Temporary Building Demolition Easement" refers to a temporary easement and right of way in favor of RCTC, its successors and assigns, together with the right to demolish existing 17336.02100\8169969.1 23 improvements in the access area and to, construct, reconstruct, repair, extend, maintain and traverse an access way to access RCTC owned facilities or construction site, as determined necessary by ROTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of ROTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of ROTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing utilities and mechanical systems, or for inspection purposes, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. 17336.02100\8169969.1 24 No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Access Easement" refers to a temporary easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8169969.1 25 26 PS AS EXHIBIT `Al' LEGAL DESCRIPTION CaItrans Parcel No. 22124-1 Fee Acquisition APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of. Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of .Riverside County, California, described as folios: Beginning at the southeasterly corner of said Parcel 3; thence along the southerly line of said Parcel, the following two (2) courses: 1. North 75'39'39" West 254.58 feet to the beginning of a curve, concave to the north and having a radius of 3,000.00 feet; thence 2. Westerly 399.77 feet along said curve, through. a central angle of 07°38'06"; thence leaving said southerly line, South 76°1040" East 16.91 feet to the beginning. of a curve, concave to the south and having a radius of 23.5.00 feet; thence easterly 34.83 feet along said curve, through a central angle of 08°29'31"; thence South 67'41'09" East 45.26 feet to the beginning of a curve, concave to the north and having a radius of 250.00 feet; thence easterly 37.05 feet along said curve, through a central angle of 08°29`3.1."; thence South 76°10'40" East 150.62 feet to the beginning of a curve, concave to the north and having a radius of 2,966.00 feet; thence easterly 252.05 feet a.l.on.g said curve, through a central angle of 04°52'08"; thence South. 81°02'48" East. 117.25 feet to a point in the easterly line of said Parcel, distant thereon North 07°07'23" .East 6.5.1 feet from the angle point in said easterly line; thence along said easterly line, South 07°07'23" West 6.51. feet to said angle point; thence continuing along said easterly line, South .14'2341" West 34.68 feet to the Point of Beginning. Contains 11,569 square feet IVIA2PTG010504\SURVEY\LEGALS\22124_APN_102-420-035\L.egal\221.24-1.docx Pagel of. 2 2/25/ 13 27 PS 2 3 4 5 6 See Exhibit `A.2' attached hereto and made apart hereof. 7 8 9 10 11 12 13 14 15 1.6 17 Robert C. Olson, PLS 5490 18 19 20 21 22 73 24 25 26 27 28 79 30 31. AS 1 i The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. Prepared under the direction of Date iMA2.PTG010501ASURVEY‘LEGALS1221.24_APN_102-420-035\1...egat12212 t-.1.docx Page 2 of 2 2/25/.13 28 1EXHIBIT A2 PARCEL# TITLE GRANTOR AREA A P N 22124-1 FEE 2410 WARDLOW PROPERTY, LLC 11,569 SF 102-420-035 I INF TART F 14_1 L1 -- 1\114°23'41"E 34.68' ZIZ L2 - N65° 12'1 7"W 25.96' Z a CO WARDLOW ROAD °=1 R-4 N�32°53'07"W 636.03` I_ Q _.i °00'59'' N67°52'08"W gdgy, 37.04' 1 -�_� .1 .04' ay1 '°01 128tt fL '- L_q3�. 9' N82°53'35"W i r <r ````"-,--- 2 71 5 ' ""� ' `- i �� - 3 4.06 �� N a i.- M �� �} D- �' N . - Doc COR_ 021'6459.s ti z } / N22 ° 3 .2 N$2°53`07"Wa�15°oo'Ssrr WARDLOW "_ -- -- ° r, ,-- 28 , No, � 1005-- N67°53 00� L=138.32' � ,R„ r J„ y N82c)53 35 W i 42.67' t'„M, 24 150 { R`94 PCL 3 L-29.17, P,M,8, 158/99�- 101 t � _. __ _, I -1 CIRCLE I � 50/ 1�, 2 )W I 1 ,� i� iN i IN _ � o N o , ~ O-( o sr O `` P ROP O S-Eb R /W z c-) `• 6 (��30pG - - '' 1-r � S``r`t i `ri. T,r=I-t r� i-r-r=r-T _ � i'r'J .i 1 - �. i t '` L - 4 33. el, ____ --- ___ � SEE SHEET 2.�--- — _ --' ��,__�-�N75°3 g'W 254.58`- __ - FOR DETAIL - __ _ _ _ EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 3 FOR DETAIL /C/L STATIONING r I 7 8 9 LEGEND 200 1 2 (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State mil Access Prohibited NOTES 2 2 12 4 -1 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. Ail distances ore in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 mutton Centre Drive, Ste, 200 Scnro Ara, Californi❑ 02707 i'1,04M-8,353/(7{4)54S-8883 iPaz) DATE: 9-26-2011 REV. 1: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 t1 R I Y rl ✓ 1 p 3.8 1 7 3 29 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22124-1 FEE 2410 WARDLOW PROPERTY, LLC 11,569 SF 102--420-035 11NF TART F CURVE TAAI F - a- d 1 d � ) N d N. 0 __ (\1 ._.1 L.} ti-. � ti o ° � r- w Q 0 N- ' N. `" L3 - S76° 10'40"E 16.91 ' Cl - ©=0° 39`1 0" R=3000.001 L=34.1 8' L4 - S67° 41 '09"E 45.26' C2 - A=8° 29'31 " R= 235.00' L=34.83' m C3 - A=8°29'31" R= 250.00' L=37.05' Cr m w 0 DOC , NO., 2005 - 02 1 �459 y 0 , R .. Z P,M., 24150 PCB 3 P.A,8, 15 /99- 101 ;\t ° r.. -- -_,. __. O `` �` -, ( f PROPOSED R/W 4 -07 38 ,0 --- -- (....._ 6 -1 EXISTING R/W 4=0801 �O.pa;l , :�... � ( • • f . 1-i6-21=.� — -.._ ! I"j- ? 76<< L`3gg 97 RJ(/ERSID L=93J.95, __ k-R�EvA Y LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i t f l l Access Prohibited NOTES 22124-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. i___ pmgmmm9 -im mmi FEET 0 25 50 100 150 PREPARED BY: ?SOMAS Hutton Centre Drive, Ste. 200 Senfo Ma, California 92707 (714)481-90537{714)545-B8EO Wax) DATE: 9-26-2011 REV. 2: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1 3.8 2 3 30 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA A P N 22124-1 FEE 2410 WARDLOW PROPERTY, LLC 11,569 SF 102-420-035 1 iNF TART F r r L1 - S1 4°23'41 "W 34.68' L5 - S07°07'23"W 6.51' 00C J NO„ _..___ 2005` 02 164J9 i. 0 J R J nnJ J //.. 1f1 LI 1 I r r r I 1 r r r r r r r r Co r\I ro c L.___ ___ ___ ___ ___ ___ ___ _ I PCL 3 P,All, FJ„ 1 2/99-- 1 0 1 I.0 N o �_ �� 0 r~ _ d — _ __ ._ PROPOSED R/W z . - -r --r -r-1 . I .1 r7_7 r 1. I 1 El MI --__4,---did38,06- --,-_ ©_ dg'01 79• " N75°3 39u �,. R_ 016'+ W 1.�4 3 9 0' EXISTING R/W 254.58' ROUTE �'I I/E�, S �'oB 91 - IDE F�EEWA Y LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State 1 1 1 1 t Access Prohibited NOTES 22124-1 Coordinates and bearings are on COS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances ore in feet unless otherwise noted. { lamordzI parammumommi FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Button Centre Drive, Ste. 200 Senfo Ana, Cotiiornio 92707 (719)751-7373/r714954S-8683 {Fax} DATE: 9-26-2011 REV. 2: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 �/ R I y 91 3, 8 3 3 31 32 PS EXHIBIT `BI' LEGAL DESCRIPTION Ca!trans Parcel No. 22124-2 Permanent Wall Footing Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by trap filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point in the easterly line of said Parcel, distant thereon North 07'07'23" .East 6.51 feet from the angle point in said easterly line; thence along said easterly line, North 07'07'23" East 7.00 feet; thence leaving said easterly line, North 81°02'48" West 117.02 feet to the beginning of a curve, concave to the north and having a radius of 2,959.00 feet; thence westerly 251.45 feet along said curve, through a central angle of 04°52'08"; thence North 76°10'40" West 1.68.78 feet; thence North 67°38'49" West 80.89 feet; thence North 76°10'40" West 68,64 feet to a point in the westerly li.ne of said Parcel, distant thereon North 22°36'02" East .1.98 feet from the southwesterly corner of said Parcel; thence along said westerly line, South 22°36'02" West 1.98 feet to the southwesterly corner of sai.d Parcel, said corner being the beginning of a non -tangent curve, concave to the north, having a radius of 3,000.00 feet and to which beginning a radial line bears South 22°37'37" West; thence along the. south.erly line of said Parcel, easterly 34.18 feet along said curve through a central. angle of 00°39'10"; thence leaving said southerly line, South 76'10'40" East 1.6.91. feet to the beginning of a curve, concave to the south and having a radius of 235.00 feet.; thence. easterly 34.83 feet along said curve, through a central angle of 08°29'31"; thence South 67°41.'09" .East 45.26 feet to the beginning of a curve, concave to the north and having a radius of 250.00 feet; thence easterly 37.05 feet along said curve, through a central angle of 08" 29'3.1."; thence South 76'10'40" East 150.62 feet. to the beginning of a curve, concave to the north an.d having a radius of 2,966.00 feet; thence easterly 252.05 feet along said curve, through a central Nt:\2PTG010501\SURVEY\t,EGAI. S\22124_APN_102-420-035\Legal\22124-2.dnc:x Page 1 of 2 2/25/ 13 33 PS 4MAS 1 angle of 04°52'08"; thence South 8.1°02'48" East 1.17.25 feet to the easterly line of said 2 Parcel and the Point of Beginning. 3 4 Contains 4,728 square feet 5 6 ' The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch.. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99997476. 10 11 See Exhibit 132' attached hereto and made apart hereof. 12 13 14 16 17 18 Robert C. Olson, PLS 5490 Date 19 20. 21 22 23 24 25 26 27 28 29 30 31 Prepared under the direction of M:12P"IG0.1.0501.1SURVEY\1...EGALS\22124.._APN....102420-03511.e2.a1\22124-2.docx Page 2et' 2 2125/ t 3 34 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA AP 22124-2 ESMT 2410 WARDLOW PROPERTY, LLC 4,728 SF 102-420-035 1 1 NF TARI F 1 L1 - N14°23141"E 34.68' Z L2 -- N65° 12'1 7"W 25.96' O CO WARDLOW ROAD °--1 / R_4 N82°53'07"W 636.03'.__''�./ Li11 Z "‹T °00'S9" N67°52'08"W 9.99, 37.04' .04' a-15°d1'28 , -- - ..._._,,..�.� __ -_ Ly q 9 9 ^ 9 9 ' 8 2 „W 31>1 30 �__� r vN 3 4 65 271.25--`1° M o r1. , N82 53 07 W a-472d4959, WA-RDLOW CIRCLE o cv zk-_ N. a N22 �1, � o <rOD, �—Ot_ z ° 07 N675�0„W =149 a'123.83` �15°01 `2g, NO, 005- 1...138.32, 4 153 N$2 35 W I 42.67' P ., NJ , 24 150 � �, =94 POL 3 I I--29, P„ M ., 8„ 1 52/99�- 1 0 1 I I 5p 1 1 7' i 1 2 I I i i coo ire 1" 1 1-Lii 1 CV 1, Lo n 1 N v- cv O __ _ _ _ f - —� 0 1, _7.9g36 �� - C.� � ( -��.. L j'ROPOSEQ R/W �E —� �� r,\ r � .`rr11 -f*r-m9 0 - _ - L 433.95 SEE SHEET 2 /'/� 4 `- ----- ____ --- `' ` N 7 5 ° 3 g `3 n,,W -1 254. S8'_ FOR DETAIL -- - _ EXISTING R/W _ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 3 FOR DETAIL 1/C/L STATIONING 1 6 7 8 LEGEND 9 200 i 2 (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i l i 1 1 Access Prohibited NOTES 22124-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: P O M A S 3 Hutton Cenrre Drive, Ste. 200 92707 (714)751-/373!i{7110545 e 43 (Fox) DATE: 9-26-11 REV. 3: 02-25-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3,8 1 3 35 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA A P N 22124-2 ESMT 2410 WARDLOW PROPERTYLLLC 4,728 SF 102-420-035 J INF TAR( F CURVE TART F v ryry 0 1 0 � ( N 0 r7.o in T Al 0 0 N �i Li II.. r._ (Ni 0. co M ° N al al d- co .-. W Tr o o r--- w rn L3 - S76°10'40"E 16.91' Cl - A=0°39'10" R=3000.00' L= 34.18' L4 - S67°41'09"E 45.26' C2 - A=8°29'31" R= 235.00' L= 34.83' L6 - N76°10'40"W 68.64' C3 - A=8°29131" R= 250.00' L= 37.05' • L7 - S22°36`02"W 1.98' DOC, NO, 005-0216159; 0,R, PA., 2.41150 PCL 3 _� P ,1 , 8, 158/99 - I O 1 '` (lr 0,i-- ._ — __y__ ° � N 0 L7 " R�3a '--i., - + : ____,laity 6$, L.-0EXISTING R/W 4=Og°7� t6,�.00' r76"10"40,E 39 150, 82 ` -- "g ROL/T R�3000, 00 • ??4 ` --__ _ -- __ --_,-� 9' 6)./ 1/ L-433. g-, Ay LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State 1 1 l t t Access Prohibited NOTES 2,2124-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. ( �� FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Dr Ive, Sie. 200 (?teiv 7��f373/(714)SA5� a7, (,),1 DATE: 9-26-11 REV. 3: 02-25-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS OC? 8 t R I Y 91 3.8 O 7 2 3 36 EXHIBIT B 2 P4RCEL# TITLE GRANTOR AREA APyJ 22124-2 ESMT 2410 WARDLOW PROPERTY, LLC 4,728 5F 102-420-035 ]|NF 7ARiF / / / / uo " _� 1�81 02'48"�---- 117J)�' Ll - N14023' "41 E 34.68' v ' ^ cm L5 - N07 OT 23" E 6.51 +- ^ � o ' " . ��po / L8 - N07 O7 23 E 7 00 o oo / ^ r-/» / / / i ---- N0�N�N 0 / z S81»O2~48"E l l T . �5' NOS . / ; Co ' ' / D0D' ^^ NO' ��OO��^ l�� / w �[J�J-_�J� / NTS / 02 1 �)45g� O . [� . / | P. 1\11 ^ 24 l 50 pC[ 3 / | � p �� I� ] ���/��- / 0 ] R/W / ^ ^ " | - pn �u �� ')PROPOSED ' o SEE DETAIL '- __'_- _ 0 � WHEREON zc 4*�2'O8" � v T, ^ —_ R=2959 O0' 2966.00, 38 254. 1- LEGEND (R) [ndioof*u Radial Bearing POB Point of beginning ( ) Title to S+o+o / / / 11 Access Prohibited NOTES a 2 2 2 4 Coordinates and bearings are on CCS 1983(2007.08) Zone O. Distances and stationing are grid distances. Divide by 0.99997476 to obtain -2 PERMANENT WALL F007/N5 EASEMENT ground distances. All distances ore in feet vn|eeo otherwise noted. Fper n cs oo 100 150 PREPARED BY: �� �� �� �� �& �� n �� �� m'm u�� ~m v +� Centre n,�^��yuov � " DATE: 9-26-2011 R[Y- ]: 02-25-2013 [A: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 37 38 EXHIBIT 'CV 2 LEGAL DESCRIPTION 3 4 Caltxans Parcel No. 221243 5: Permanent Utility Easement 6 i A,PN 102-420-035 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 3 of Parcel Map No. 24150, as shown by map filed in Book .1.58, Pages 99 to .101., to inclusive of Parcel. Maps, Records of Riverside County, California, described as: follows: . 11 12 Beginning.at a point in the easterly line of said Parcel, distant thereon North 07°07'23" 1:3 East 13..5.1 feet.from the angle point in said easterly line;. thence North 81°02'48" West f 14 117.02 feet to the beginning of a curve, concave to the north and having a radius of 15 2,95.9.00 feet; thence westerly 38.17 feet along said curve, through a central angle of 16 00°4421 "; thence radially to said curve, North 09°4.1'33" East 14.00 feet to the 17 beginning of a non -tangent curve, concave to the north, h.aving a radius of 2,945.00 feet 1.8 and to which beginning a radial line beats South 09°41'33" West; thence easterly 37.99 19 feet along said curve through a central angle of 00°4421"; thence South 81'02'48" East 20' 116.57 feet to a point in the easterly line of said Parcel, distant thereon North 07°07'23" 21 East 14.01 feet from the point of beginning; thence along said easterly line, South 22 07°07'23" West 14.01 feet to the Point of Beginning, 23 24 { Contains 2,1.68 square feet 25 26 . The distances described herein are grid. distances and are based on California Coordinate 27 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividin.g 28 grid distances by the mean combination factor of the courses being descr..i.bed. Th.e mean 29 combination factor for this conversion is 0.99997476. 30 31 ' See Exhibit 4C2' attached hereto and made apart hereof. M:t2PTG010501tSURVEY\LEGALS\22124_APN_102-420-035\Leg*a1\22124-3.docx Page 1 of 2/25/ 13 39 PS MAS 2 Prepared under the direction of 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ?9 30 31 Robei C. Olson, PLS 5490 Date N1:t2.P`1'G0.10501tSC. RV1 Y1LEGALS122.124_APN_102-420-035t1..ega1122124-3.clocx. Page 2 of 2 2/25/ 13 40 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22124-3 ESMT 2410 WARDLOW PROPERTY, LLC 2,168 SF 102-420-035 I INF TART F VJ L1 - N14°23'41 L2 - N65° 1 2'1 N82°53'07"W "E 34.68' �`' 7"W 25.96' Z O 00 WARDLOW ROAD 6=15 R=4 636.031-� L_1 Lu Z J 00,59„ N67°52'08"W 9.99 ` �04, �=15°01'28" - --_ -49g 99, N82° 53'35"W L!� 31 1 � . 1 1 34.06' �1 . N82°53'07"W �` 15°00`5g,t WARDLOW CIRCLE N \. ( cN CD r- -_- n.. 0 cv 1 ,,, El- � o,z . c, Q c,- g co d '--° z DOD., 726 02 r'� 3. LY123.83, 6' 15°01'28" t N67°52'08"W RL 527 `138.32` 37.04' N82°5-r35-W- - NO., 20o5 -02I 6-4559; O.,R, i 42.67' PAI1 y 24150 R-�4 50 1„ Fin 3 i L=29.17, P,M,G, I�52/99�- I0I f — -- __ 1 r .... ..........._ _ j i INN ire Ir. I N 1 �,, �._— � cv N o r- roc fC-- ._.._ -._._ -' '- -- _ II PROPOSED R /W � �. `` 4--08 _-`` - _ -- - --I... —__ '-- L 17,E ---—----- .-..--—1-7 00—00-=433s ` Ma M WWW1 MOM Manilla r r „W 254. 8 _N75°254.58i EXISTING R/W LJ ' __ ROUTE 91 RIVERSIDE FREEWAY ROUT 91 RIVERSIDE FREEWAY SEE SHEET 2 FOR DETAIL C/L STATIONING 6 � 8 9 LEGEND 200 1 2 (R) Indicates Radial Bearing MB Paint of Beginning ( ) Title to State I I l I I Access Prohibited NOTES 22124 -3 Coordinates and bearings are on CGS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT UTILITY EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 out Centre Uri re, Ste. "00 SantAa, Cal iforni("!14}t tt-7373,(714j-5oS 8083 (Fox) DATE: 9-26-2011 REV. 4: 02-25-2013 EA: 0E540 FA#: DISTRICT COUNTY ROUTE. SHEET PM SHEET NO.TOTAL SHEETS 8 RI V 91 3.8 1 2 41 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22124-3 ESMT 2410 WARDLOW PROPERTY, LLC 2,168 SF 102-420-035 I INF TART F I I 1 1_1 - N14°23'41"E 34.68' L 3 - N07° 07'23"E 1 3.51 ' L4 - N09°41'33"E 14.00' L5 - S07°07'23"W 14.01 ' CURVE TAR[ F I I I I I I j f Cl - A=00°44121" R=2959.00' L=38.17' C2 - 0= 00°44'21" R=2945.00' L=37.99` DOC, NO, 205-02162159y P ,, loll ., 2 rl 15 O 0.,R., ; . co I I ft1 I I I I I I co (V I I I I } M j I L- P O i 3 I C2� P, IVI , EL 15 23/ 9 9 �— 1 O 1 r � ' ra _ ._ Lu 1 CV I"— 0 :Tr P POSFD R/OL cn - ° I- 0 °02'48"E z -__ L4 �1/,.C2 `_' d _ oL.=399. 77' N75°39'39„w .. F7�30001 7'1 6" �_ °Oa EXISTING R/W�.-/� _433.95 S81 i 116.57 Nso� i L 3 _... �, ! w-.. . _ _ t 254,58' - _ - ROUT' . 1 RI vED LEGEND (R) Indicates Radial Bearing POB Point of beginning ( ) Title to State mil Access Prohibited NOTES 2212 4- 3 Coordinates and bearings are on CCS 19E13(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain PERMANENT UTILITY EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 F!utton Centre Urive, Ste, 260 California 97707 (714)751- 7�373/(7114)545-8883 (Fox) DATE: 9-26-2011 REV. 4. 02-25-2013 EA: 0E540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp U �! R I Y 91 Ct 3.8 2 2 42 EXHIBIT `Dr LEGAL DESCRIPTION Caltrans Parcel No. 22124-4 5 Temporary Construction Easement 6 APN 102-420-035 7 8 In the City of. Corona, County of Riverside, State of California, being a portion of Parcel 9 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101,. t0 'inclusive of Parcel Maps,. Records of Riverside County, California, described as follows: 11 12 Beginning; at a point in the easterly line of said Parcel, distant thereon North 07°07'23" 1.3 East .13.51 feet from the angle point. in said easterly line; thence North 81°02'48" West 14 117.02 feet to the beginning of a curve, concave to the north and. having a radius. of 15 2,959.00 feet; thence westerly 251.45 feet along said curve, through a central angle of 16 04"52'08"; thence North 76° 10'40" West 168.78 feet; thence North 67°38'49" West 17 80.89 feet; thence North 76° 10'40" West 68.64 feet to a point in the westerly line of said 18 Parcel, distant thereon North 22°36'02" East 1.98 feet from the southwesterly corner of 19 said Parcel; thence along said westerly line, North 22°36'02" East 5.06 feet; thence 20 leavings said westerly line, South 76° 10'40" East 12.31 feet; thence North 22°24'26" 21 East 8.30 feet; thence South 67°38'49" East 1.36.1.9 feet; thence South 76'10'40" East 22 191.88 feet to the beginning of a curve, concave to the north. and having a radius of 23 2,9:56.00 feet; thence easterly 251..20 feet along said curve, through a central angle of 24 04°52'08"; thence South 81 °02'48" East 93.36 feet to a point in the easterly line of said 25 Parcel, distant thereon North 07'07'23" East 16.51 feet from the angle point in said i 26 f easterly Iine; thence along said easterly line, South 07"0723" West 3.00 feet to the Point 27 j of Beginning. 28 29 Contains 3,1.99 square feet 30 31 M:12PTG010501\SURVEY1LEGA1.S\22124.._APN_102-420-035lLegal\22124-4.docx Paige 1 of 2 2/25/ 13 43 1 2 3 4 5 6 See Exhibit `D2' attached hereto and made apart hereof. 7 8 9 10 11 12 Robert C. Olson, PLS 5490 13 14 1.5 16 1'7 18 19 20 21 22 23 24 25 26 27 2g 29 30 31 Prepared under the direction of The distances described herein are grid. distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean com.bin.ation factor of the courses being described. The mean combination factor for this conversion is 0.99997476. G.,. Z,5 • Date M:\2PTG010501\SURVEY'\LEGALS\22124_APN_102-420-035\Legalt22124-4.doex Page 2 of 2 2/25/ 13 44 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22124-4 TCE 2410 WARDLOW PROPERTY, LLC 3,199 SF 102-420--035 1 INF TAR' F U.1 L1 - N14°23'41"E L2 - N65° 1 2'1 N82° 53'07"W---- � 34.68' Z 7"W 25.96' G CO WARDLOW ROAD°R I5 t -� 636.03'-��� Li.J Q -__1 00'5,. N67°52'08"W 9.99' 37.04' 1 .04' Q_ 15° 07 '28 -- --- _"-- _ ` R`439.9g` N8?_°53`35'W 134.�6` 271.25` -�--`` o a 7 NN F r... ov N "' (`I 1. �'rn7 N w N DOG, � 0 02162159; �co ° r z I E A/22 ° 73, g 6 02 WARDLOW N82°53'07"W �©=75°0Q'59u �'- 4 L=123.83' 4-15°01 ND, 2005— N67 52'08"W L=527.49 O., R , 37.04' °---r—�— N$2 i'.,M. 4150 P, M �1, 15 8/ 19 W 1 0 1 1. __ .___ __._ i e _ CIRCLE ,28u 53 35 W 42,67 R��1q 41 'ty8" `29. 1 7, _' rL r-i co N cv <0 rn o N J - ---... 2 �� _ -__ _--- — T , c, ° st 1 `� PROPOSED R/W —1 0 = 3 `..----- r :, O o 00 , :::: i..rrr:..�i.i " SEE SHEET 2 / ._ `` �- 75-N-------------„,_ 5°9,,254,58` _� - \ FOR DETAIL _ EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ----- R UT 91 R VERS DE FREEWAY SEE SHEET 3 FOR DETAIL C/L STATIONING 6 7 a 9 200 LEGEND z (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State 11 1 1 1 Access Prohibited NOTES 2 2 L 2 4- 4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: P O A S 3 Hutton Centre Drive, Si,, 200 Mr?(5"-°r)(iiaY°5yea13 (roy) DATE: 9-26-2011 REV. 3: 02-25-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV 91 3.8 1 3 45 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22124--4 TCE 2410 WARDLOW PROPERTY, LLC 3,199 SF 102-420--035 1 INF TAM F ,"} in - -_...` � 0 ) 0 N O --, ..... . �o rn ,s N i\1 ___Ia C7 a �v co o N ..V cn lid .ar lo � / I L3 - N22°24126"E 8.30' L4 - N67° 38`49"W 80.89' L6 - N76° 10'40"W 68.64' � L7 - N22°36"02"E 1.98' � L8 - N22° 36`02"E 5.06' � L9 - S76° 10'40"E 1 2.31 ` w DOG, NO, 2005 - O2 J �4 9 y O . R , z R, NJ 24150 r'GE P,NJ,F'„ I5E3199-iC)l --�.___ r--.--1 I "", S 6 2 o t f _ _. ..._ '-.` l 3 6, 4 9 E j • ROPO r• L 7 „� .,� 1 L.., `- <"-- �S76°10rr40,E �. 91,8$, EXISTING R/W t1 _ �`�-`"�---_,_ r' • s" (• -ti 'OE3° ` ...'-'..,�",, .; 1 7'� 6r, ti� = rig RrVCR slD4 L�Q3r 9, REFwA y LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i 1 i ( i Access Prohibited NOTES 22124-4 Coordinates and bearings are on CGS 1983(2007.00) Zone 6. Distances and stationing are grid distances, Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT distances. All distances are • ground in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: S O M A S 3 Hutton Centro Drive, Ste, 200 Santo Ana, California s2707 (74)751-73/3/(714)545--8803 Wm) DATE: 9-26-2011 REV. 3: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 �y �1 R I V 91 0 3, 8 2 3 46 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22124-4 TCE 2410 WARDLOW PROPERTY, LLC 3,199 SF 102-420-035 I INF TAR] E L 1 -- N1 4°23'41 "E 34.68' L5 - N07°07`23"E 1 3.51 ` L10 - S07°07'23"W 3.00' O .S81 °02'48"E _' w rn. cy c° ti CV ?«> `---- N81 °02'48"W i� 1 1 7.021 P `,) w nFTnrl 000, - A` NO, 005 — 021 8459; O , R , FCL 3 P,N1,P, 152/99— 101 ix) c\I r•-; osi ! NTS o;:o _.___[ w M � a. I` ") SEE DETAIL r`..0, (_ ,A' HEREON\ _ ___ _ _ _ _ `rN- o v)-- _ _ ° t` "10"0 i R/ a ...- -.,,. /X=04 ° 52'08" _._ _ -- „ 20 93.36: \1 d-04°52'08" ..: L-251 _ . _ .. �. ...: AMR __ Q`07- 6 L=251 .45 N81 z3990 Qa6 ° 117.02' ----- 4 z08° . 77 N75 39,39„41 R_ 17'I6" L.-3 95y EXISTING R/W 25q•58, 02 48 III --TM L5 -' - _ti i Rou TE 91 RI vED, rDE REEwA Y LEGEND (R) Indicates Radial Bearing POB Point of beginning ( ) Title to State t t tit Access Prohibited NOTES 22124-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I Famosim•ml FEET 0 25 50 100 150 PREPARED BY: P S O A S 3 Huston Centre Drive, Ste, 200 i;4)rAna, 73 3/,`14)5453za83 (Fax) DATE: 9-26-2011 REV. 3: 02-25--2013 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 RIV 91 3.8 3 3 47 48 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS ` MAS EXHIBIT `E1' LEGAL DESCRIPTION Ca!trans Parcel No. 22124-5 Building Demolition Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07'07'23" East 103.20 feet continuing along last said line to a point thereon; thence North 82°52'37" West 49.14 feet to the True Point of Beginning; thence South 07°07'23" West 40.00 feet; thence North 82°52'37" West 141.92 feet; thence North 07°07'23" East 30.00 feet; thence South 82°52'37" East 10.00 feet; thence North 07°07'23" East 10.00 feet; thence South 82°52'37" East 131.92 feet to the True Point of Beginning. Containing 5,577 square feet. See Exhibit `E2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG010501 \SURVEY\LEGALS\22124-APN_ 102-420-035\Legals\22124-5_BDE.doc 5/17/2012 Page 1 of 2 49 PS • Prepared under the direction of Brian E. Bullock, PLS 5260 7- ? Date PA2PTG01050 \SURVEYALEGALS\22124-APN 102-420-035\Lega1sV,2124-5_...BDE.doe 5/17/2012 Page 2 of 2 50 EX pARCELtt TITLE GRANTOR AREA APN 22124-5 8DE 2410 WARDLOW PROPERTY, LLC 5,577 SF 102-420-035 LINE TABLE L1 - N1402]'41" E 34.68' L2 - N65012'17"W 25.96' (� WARD/OW ROADA=15«0D'5g'. LLJ ~� N5�)2'O8"W 37,04, in 71 WARDLOW CIRCLE 42.63V7' 41, 00 73.99, SEE SHEET 2 FOR DETAIL 3000.00, ROUTE99 ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W 91 RIVERSIDE FREEWAY C/L STATIONING (R) Indicates Radial Bearing pO8 Point of Beginning { } Title to State / L Access Prohibited NOTES � 2 1 2 4-5 Coordinates and bearings are on CCS 1983(2007'00) Zone 6' Distances and stationing orm grid distances. Divide by 0.99997476 to oU+oio BUILDING DEMOLITION EASEMENT ground n|s+oncaa. Al distances ure in feet un|oea otherwise no+eU. [ FEET o 50 100 zoo ]Oo PREPARED BY: l� �� M� �� �� �� � �� �� � ~ �� �� DATE: 5-17-2012 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 51 EX I `h 2 PARCEL# TITLE GRANTOR AREA APN 22124-5 BDE 2410 WARDLOW PROPERTY, LLC 5,577 SF 102-420-035 1, � r..� ! it r' r DOB., No,:2oo5-D21�-r159 ♦� P , M , 2--'r150 Pry 3 P,Nl.El, 1 �/") )- 1 °1 S82° 52'37"E }120.8S07°07'23"W NO 10.00'3 E 18.38 ° S$2 52'37' E 10.00' i r' J,R. ° N82 52'37 W 49.1 4' p co oo w in (' 1 v o _ + _ S82° 52'37"E 14:---, S8�2 52 37 E 31 .. 92 . cv — : 109.42' S07°07'23"W '.�. „gym: �o.ao $ i POB N07°07'23"EMS v 30.00 N82°52'37"W 141.92' ..... -.w... y..� :,, ,... PROPOSED � , � - a N _i 04 . c9 r— � Ll rho n-. R/W °'� o --- n-04 ° 52'08" j T 17 T ----_ .:..�..,. , d Q ,..> L=252 05 N 8 W - 81 022� a I-=433 9 ;" N75°39'3g'W - :,..%. _. EXISTING R/W 254,58, --- ROUTE 91 RIVERSI DE r REEWA y LEGEND (R) Indicates Radial Bearing LINE TABLE POB Point of Beginning L1 - N1 4°23'41 "E 34.68' ( ) Title to State L 3 - N07°07'23"E 6.51' i I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: 3 Hutton C.ntre Dr'i•:e, ;;te= 2,X. Snntc Ana, California 927i,7 t714i481-2053/(714)545'- 83 (Fox) DATE: 5/17/12 REV.: EA: OF540 FA##: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.8 2 2 52 P O r EXHIBIT `F1' LEGAL DESCRIPTION Ca!trans Parcel No. 22124-6 Building Access Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07°07'23" East 103.20 feet continuing along last said line to a point thereon; thence North 82°52'37" West 49.14 feet to the True Point of Beginning; thence North 82°52'37" West 131.92 feet; thence North 07°07'23" East 131.74 feet; thence South 82°52'37" East 131.92 feet; thence South 07°07'23" West 131.74 feet to the True Point of Beginning. Containing 17,378 square feet. See Exhibit `F2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P:l2PTG010501 \SUR VEY\LEGALS\22124-APN_ 102-420-0351Legais\22124-6_BAE.doc 5/17/2012 Page 1 of 2 53 Prepared under the direction of ffzed4-4 Brian E. Bullock, PLS 5260 Date PA2PTG01050 I \SURVEY\ LEGALS \22124-APN_102-420-035\Legals \22124-6_BAE.doe 5717/2012 Page 2 of 2 54 IB F 2 PARCEL# TITLE GRANTOR AREA APN 22124-6 BAE 2410 WARDLOW PROPERTY, LLC 17,378 SF 102-420-035 LINE TABLE LU L1 - N14°23'41"E L2 - N65° 1 2'1 WARDLOW 34.68' "`' 74 25.96' Z O m ROAD Q--15°pp,5g„ Ljj -q � hJ6/°5��08"W b • N82°53'07"W 636.03' r-==1:-, 4 , .... l..:j31,j1- 2 53i3. N t3 o Q �. 1 N. h "� chiInN82°53'07"wQ=js°pp —1 0 a,:: _° w N 0,i9 cn d- 0 DDT` r- 02 1 ..,.:. t'''" -----_.._---_- „ _. R`472.49, L-123.83' ©`15°01'28" N67°52'0 " R�a27 8 W L-� � NO � 200 �- 37.04' 6459 D � R , P � Ili . 4 150 NB��°.5 PC» 3 P , I�11, D, 1 F3i c� 1 C� 1 SEE SHEET 2 -... �_.. WARD.LO °" 49 38.32, ,- 42.67 � ©-j 7° R-9 41 ' =29, j �• 1 3 4. C 61--'1%. CIRCLE v.2`' 1 lar \I ii i ,co j g I, l i �"' `--_. co 0 7 N e,- ( TPOB I nr N�2° FOR DETAIL ` _ _ �- i� o 73e 9g36 02 E __ (— x....< �.s,. l 1 r- o _ ". -3ppp�pp, �, - -- - v 0 -- --. LZ-.-133•95' - .. � ° - ., N75 39 39"W 254.58'.__-- -' _ -- PROPOSED R/W POB ROUTE 97 RIVERSIDE FREEWAY EXISTING R/W RO TE 91 RIVERSIDE FREEWAY C/L STATIONING s 7 $ 9 200 LEGEND y 2 (R) Indicates Radial Bearing POB Point of Beginning Title to State I l l i 1 Access Prohibited NOTES 221.24-6 Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. l FEET 0 50 100 200 300 PREPARED 1DY: `°' 3 HUt'h�n CentrE ('iv:?, Stc'. :.LV Santa Ana, Cc:ifarnia 92707 ;..,..._ (71C4P,1-9053!(71d)S45-38°3 (taxi DATE: 5-17-2012 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 9 1 3. 8 1 2 55 B I. i' 2 PARCEL# TITLE GRANTOR AREA AP 22124-6 BAE 2410 WARDLOW PROPERTY, LLC 17,378 SF 102-420-035 ( ' ... ..,..1 .. , .. - .: .,.,.. . S82° 52'37"E 1 31 .92' -- I I d v- I r'"' ,1V1, 241 0 •I M M I tram- Ckla f S82° 1 20.82' 158/)) l 0l N N I { 52'37"E o k ° N07°07'23"E o ' �, so7 a7'z3 w 10.00' 0 N 1 8.38 S82° 52'37"E N82° 52'37"W ' M 10.00' 49.14' ; cv I rn 1 ' cI =- S82° 52'37"E N82° 52 37"W 1 31 .92' cN ' ? ° N07 07 23 E S07° 07'23"W 40.00 TPOB -� 1� 30.00' ---- N82° 52'37"W 1 41 .92' w - `rn CI (•\1 Cj (S) N - it, <0 1 8 PROPOSED R/w °' c7 r- o _ o=04 ° 52'Oa 7 � R ;�y8 01 7'-:., L=252.05' N81 ° 02'4 8"W ..: .. 1 1 7.25' -3 6-° L 3 L=4300`00 N7 b.:.. �. �.. 3, 95 - 5 39 /39 � �, :. �,w pOB EXISTING R/W/ 254.58, ..-..: „/ ---- -- ROU l E 9 i Rl VErri • IDE FREEkvA y LEGEND (R) Indicates Radial Bearing LINE TABLE POB Point of Beginning L1 - N14°23'41"E 34.68' ) Title to State L3 - N07°07'23"E 6.51' I I I i 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 6; BUILDING ACCESS EASEMENT ground distances. All distances ore in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: 3 Hutton Centro i ve, > L., Santa Arta, California 92707 (714)481-8053:(714154S-See.', (Fail DATE: 5/17/12 REV.: EA: OF540 FAA: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.8 2 2 56 EXHIBIT `G1' LEGAL DESCRIPTION Caltrans Parcel No. 22124-7 Temporary Construction Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07°07'23" East 6.51 feet continuing along last said line to a point thereon, said point being the True Point of Beginning; thence North 81 °02'48" West 117.25 feet to the beginning of a curve concave northerly having a radius of 2,966.00 feet; thence westerly along said curve 252.05 feet through a central angle of 04°52'08"; thence North 76°10'40" West 133.51 feet; thence North 07°07'23" East 79.39 feet; thence South 82°52'37" East 79.77 feet; thence South 07°07'23" West 12.38 feet; thence South 82°52'37" East 120.82 feet; thence South 07°07'23" West 18.38 feet; thence South 82°52'37" East 109.42 feet; thence South 07°07'23" West 30.00 feet; thence South 82°52'37" East 141.92 feet; thence North 07°07'23" East 40.00 feet; thence South 82°52'37" East 49.14 feet to a point on said easterly line; thence South 07°07'23" West 96.69 feet along said easterly line to the True Point of Beginning. Containing 37,266 square feet. See Exhibit `G2' attached hereto and made a part hereof. P A2PTG010501 \SURVEY\LEGALS\22124-APN_ 102-420-03 5\Legals\22124-7_TCE.doc 5/17/2012 Page 1 of 2 57 J The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared tmder the direction of 6(- .�.-� Brian E..Bullock, PLS 5260 Date PA2PTG01.050.1.\SURV Y+.I.EGALS\22124-APN_t02-420-035\I..egals‘22T24-7.,..:lCE.doc 5/17/2012 Page 2 of 2 58 EXHIBIT G2 PARCEL# TITLE GRANTOR AREA APN 22124-7 TCE 2410 WARDLOW PROPERTY, LLC 37,266 SF 102-420-035 LINE TABLE La.l L1 - N14°23'41"E 34.68' Z L2 - N65°12`17"W 25.96' O m WARDLOW ROAD 0=j5°00,_ R -499 N82°53107"W 636.03' L 131.04' II- Lif "1 N67°52'ww c3��g 37.04'.. -__-_______ 9 1_ ::R 1 31 , o 5 3r' 3 5„iW N •. 1��' .............._..... •J- _._......._..t Akx'�%-. ... .. .. iM!.!_M9RFrF-•.:.'.4." -'.aN ."/' A .1 ..I:...L // - 2 71 5 — ...f.4..Yp.4YM._.'.yf '4-4t'y^N. tlb_. ._�_...-.. n 1 34 .06 - _-__. �, in 0 N er cI 0 — :") �1j _1: c---' � `�'` ;! in . �, �, - - m io 0� d- ;Q-� DOC, °° o 0216459 .2 N82°53'07"W 6,=15000, WARDLOW R=472.g959 �«. .......... L': 123.83' ®`1 5°01 ' 28' N87°52'08"W R-527,49' i1J,200 �- 37.04' L=738.32` 0 , R , o� f' , IVi . 24 150 N82 53 35' W 42.67' P C L 6.-1 7 ° P,1V1,8, 159/ 9-- 101 50 /�NI .° _ _ . CIRCLE 1 2 ' co . , M co c., ._ Lo � 0 0 c\J — r E /� _• _ / \ `.1- °-- \ .� �`OS ° 1 7'7 6 - - , 00, 00 , - �I - `` ° � " TPOB N75 SEE SHEET 2 '` _39-39"W 254.5$' - -- FOR DETAIL PROPOSED R/W POB ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 3 C/L STATIONING FOR DETAIL 6 7 8 9 200 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State ill i I Access Prohibited NOTES 22124-7 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: 3 !hut tnn Centre Drive, Ste. 200 Santa Ano Caiifernio 92707 -s05s;cri4i545-asas ;faF: DATE: 5-17-2012 REV.: EA: 0E540 FAst: DISTRICT COUNTY ROUTE SHEET PSI SHEET NO. TOTAL SHEETS 8 R I V 91 3.8 1 3(71,04a pARCEL# TITLE GRANTOR AREA /\PN 22124-7 TCE 2410 WARDLOW PROPERTY, LLC 37,266 SF 102-420-035 � � »« �� U o` cn rr ' Lu - uo ` np � �c ^ � [J[lC, N0.2005-021�)459 (].F7^ o 1\11. 2-4 150 � , m.E]. 1 /9 9^ 10 1 S82" \ m\ S07007'2[}"W 12 38' - `~ �ro� -- u c�; ------ PROPOSED R/W EXISTING R0V u z:O8»y - ~~` -^` ~� -- -- -- R�" /�/�, ' /oU0.0O' . .�~�/^_ [)y IDe L�43J,95' '~ ../ �� ' 4/x )^ /1=04«52\]8" ' R=2966.00' LEGEND L=252.05' (R) Indicates Rod|n| Bearing P08 Point of Beginning ( ) Title to state / / / / / Access Prohibited NOTES ~� r� � �� � � ^� �� Coordinates and bearings are on CC5 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain �� �� � �� � TEMPORARY CONSTRUCT/ON EASEMENT ground d|u+unoeu. All distances are in feet unless otherwise no+ad. FEET o 25 50 /00 150 PREPARED BY: DATE: 5-17-2012 REV. EA: OF540 FA#: p 0 A � DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS centre ���mo Santo Ana, 60 EXHIBIT G 2 pARCEL# TITLE GRANTOR ' AREA APN 22124-7 TCE 2410 W4ROLOW PROPERTY, LLC 37,266 5F 102-420-035 52/99 SO Cz PROPOSED R/W EXISTING R/W 254-58, //U[/TE- 91 /�/k�o '`^"��SDl�� ����� _ ' ' `c-z� WA y LEGEND (R) Indicates Rouio| Bearing LINE TABLE pOB Point of Beginning L1 - N14023, 41, E 34.68, ( } Title to 6to+o L3 - N87»07'23"E 6.51' / ` / / / Access Prohibited NOTES - ~ 2 1, 2 4 Coordinates and bearings are on CCS 1983(2007,00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain � TEMP. CONS TRUCTI0V E43E,4/rwr ground distances. All distances are in feet unless otherwise no+aU. —= ' FEET 0 35 50 100 150 PREPARED BY: �� �� �� �� �� �� m �� �� " » �� ~� oSanta Ana, �°���z� DATE: 5/17/12 REV.: EA; OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 61 62 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS EXHIBIT `Iil' LEGAL DESCRIPTION Caltrans Parcel No. 22124-8 Temporary Access Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive, of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly li.ne of said parcel to an angle point thereof; thence North 07°07'23" East 103.20 feet continuing along last said line to a point thereon; thence North 82°52'37" West 49.14 feet to the True Point of Beginning; thence North 07°07'23" East 192.33 feet to a point on the south.erly right of way line of Wardl.ow Ci.rcl.e being 55.00 feet wide as shown on said map, said point also being the beginning of a non -tangent curve concave southerly having a radius of 94.50 feet, to which point a radial line bears North 09°43'14" East; thence easterly along said right of way line and said curve 24.44 feet through a central angle of 14°49'02"; thence South 07°07'23" West 188.09 feet; thence North 82°52'37" West 24.00 feet to the True Point of Beginning. Containing 4,578 square feet. See Exhibit `112' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate Systern of 1983, Lone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination :factor of the courses being described. The mean combination :factor .for this conversion is 0.99997476. PA2PTG01050I \SURV EY\LEGALS\22124-APN_ 102-420-035\Legals\22124-5_TAE.doc II/21/2012 Pane I of2 63 1 2 3 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:12 PTG010501\ SURVEY \LEGALS122124-APN..__.102-420-035tLegals122124-8_TARdoe l l/21/2012 Page 2 of 2 64 .EXHIBIT H2 PARCEL# TITLE GRANTOR AREA APK] 22124-8 TAE 2410 WARDLOW PROPERTY LLC) 4,578 SF 102-420-035 LINE TABLE LiJ �~ L1 - N14023'41". E 34 68' L2 - N65012'17"VV 25.9�' Z C) co WARD/ON/ ROAD /A=7:)«UO'5g, �J \ �� � � W67?'O8"w 0 36, ri SEE SHEET 21 FOR DETAIL TPOB 00 PROPOSE D---.R /w/ POB ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING (R) Indicates Rod|o| Bearing TPo8 True Point of Beginning POB Point of Beginning ( � Title to 5+ofe / / / / / Access Prohibited NOTES /� � '� /� -�� Coordinates and bearings ore on CC3 198](2007,00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain � � � � � TEMPORARY ACCESS EASEMENT ground dis+onoos' Al distances are in feet unless otherwise rioted. FEET O 50 /oo zoo 300 PREPARED BY; P S * '~ ` A S � °���mu (Fox) DATE: 5-17-2012 REV. l: 11-21-2012 EA: DF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS .8SE3 65 112 PARCEL# 22124-8 TITLE TAE GRANTOR AREA APN 2410 WARDLOW PROPERTY, LLC 4,578 SF 102-420-035 R1 - N09°43'14"E R2 - N24°32'17"E DDO, NO, '005-02162159 0,R, POI 3 P,1 ,a, 153 99-101 S82° 52'37"E 1 20.82' N07°07'23"E y507°07'23`W 10.00' r1 8.38' S820 5237"E 1 0.00' S82° 52`37"E 1 09.42' R=300010016,E L-433.95 N07°07'23"E 30.00' v r— M N07°07`23"E N75°39,3,4 LEGEND (R) TPOB POB C ) Hitt Indicates Radial Bearing True Point of Beginning Point of Beginning Title to State Access Prohibited A=1 4°49'02" R=94.50' L=24.44' S82°52'37"E 131.92' 0 ° r-- 0 N82° 52'37"W 49.14' N82° 52'37"W 1 31 .92' — S07° 07'23"W 40.00' N82° 52'37"W 1 41 .92' Rav rE LINE TABLE L1 - N14°23'41"E L3 - N07°07'23"E TPOB PROPOSED R/W PoB 254.58' 91 RIVERSIDE FREEWAY TWA Y 6.51 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. Ail distances ore in feet unless otherwise noted. 221.24-8 TEMPORARY ACCESS EASEMENT FEET 0 25 50 100 150 PREPPR D BY: S Nut ton rtrre frriv -- 200 -aria Artara!,ferni:3�<i %'70' ,ani a3t 8C514.7141545-�"" (Fox! DATE: 5-17-12 REV. 1: 11-21-12 EA: OF540 F Att: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 66 91 3.8 2 2 91 PROJECT FAST FORWARD 2410 Wardlow Property LLC, a California Limited Liability Company APN 102-420-035 RON No. 13-022 FEE 11,569 SF (Total Parcel Area 206,039 SF) Permanent Wall Footing Easement 4,728 SF Temporary Construction Easement 40,465 SF Permanent Utility Easement 2,168 SF RESOLUTION NO. 13-023 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-091-020, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-091-020 (Caltrans Parcel No. 22130), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 67 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 68 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 69 70 EXHIBIT A 72 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, WITH A SITUS ADDRESS OF 2270 HWY 91, CORONA, CALIFORNIA 92882, B900, CURRENTLY OWNED BY CHEVRON USA INC HAVING A TAX ASSESSOR NUMBER OF 102-091-020 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS .88 ACRES M/L IN POR LOTS B & U MB 047/010 TR25SE AND POR N 1/2 OF SEC 28 T3S R7WC FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS AND DESCRIBED IN DOCUMENT NUMBER 11518 DATED 0 AND RECORDED 01/1977. 17 336.02100\7949400. I EXBHIT A, PAGE 1 73 74 ##,#"".1.4.2 is N1N 2ssessmeNr PN2POSES ONLY' ASSESSOR'S MAP OK loe PO 09 /NV eR 510 E couNrr, Oa Uf POI?. SEC 28, 77 3 S., R. TW (ROR RO LA SIERRA rORBA 5-FATE Hwr• r.4.A, 5955 5940 s A nrt-da .„z„,„,- 722 7,7 2.24. •00 M8 43/74-76 Tract No. 23/9 47/10-/4 rract No. 2585 PM 7/77 Parcel Mop 469/ PM//4/92-93 /86/6 pAg 00 #cf". • TCRRACE NOV. /974 /ss 9-32-5 /02-09 100' etor 0.44 2 f/Akt DR21, 2 V' 4241., EXBHIT A, PAGE 2 75 Chevron U.S.A., I nc., a California Corporation APN 102-091-020 Riverside [aunty irosporlolion [wnmsoon RON No. 13-023 roposed Temporary Construction Easement for Frontage Road y RESOLUTION NO. 13-024 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 117-114-011, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and temporary construction easement interests in a portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-114-011 (Caltrans Parcel No. 22260), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 76 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 77 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 78 79 EXHIBIT A 81 Legal efinitions of Property to he Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Temporary construction easement (ICE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights, Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of CommenCement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. I 7 '',3() 02 IGO tiU88251) I 82 83 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22260-1 Fee Acquisition APN 117-114-011 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the documents recorded October 30, 1981 as Document No. 204035, September 25, 1981 as Document Nos. 180469 through 180473, and February 15, 1989 as Document No. 46844, of Official Records of said County, described as follows: Beginning at the intersection of the existing southerly right of way line of Third Street as said line is described in that Document entitled "Right of Way Dedication for Public Street" recorded September 23, 1985 as Document No. 213522 of Official Records of Riverside County, said line lying 34.00 feet southerly of and perpendicularly distant from the original centerline thereof, with the existing westerly line of the north -south alley in Block 166 of the plat of "South Riverside Town Site" as said block is shown on the map filed in Book 9 of Maps, Page 8, San Bernardino County Records, said existing westerly line lying 10.00 feet westerly of and perpendicularly distant from the original centerline of said alley; thence North 81°57'13" West 93.95 feet along said southerly right of way line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 25.00 feet; thence westerly continuing along said southerly right of way line and along said curve 0.72 feet through a central angle of 01 °39'31 " to a point thereon, said point being the True Point of Beginning; thence South 54°36'19" West 22.79 feet to the beginning of a non -tangent curve concave westerly having a radius of 427.00 feet, to which point a radial line bears South 79°01'17" East; thence southerly along said curve 142.25 feet through a central angle of 19°05'16" to the southerly line of that certain parcel being a former portion of Main Street as vacated per said Document No. 46844; thence North 81°56'14" West 7.75 feet along last said line to a point on the westerly line of said parcel described in said Document No. 46844, said point being the P:\2PTG010501 \SURVEY\LEGALS\22260_APN_ 117-114-011 \Legals\22260-1 _FEE-R2.doc 9/27/2012 Page 1 of 2 84 PS OMAS beginning of a non -tangent curve concave westerly having a radius of 400.00 feet, to which point a radial line bears South 59°00'37" East; thence northerly along said westerly line and along said curve 137.64 feet through a central angle of 19°42'54" to a point on the southerly right of way line of said street dedication parcel, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 25.00 feet, to which point a radial line bears North 71°38'31" West; thence northeasterly along said southerly right of way line and along said curve 34.05 feet through a central angle of 78°01'47" to the True Point of Beginning. Containing 1,105 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 9 2 7-/2 P:\2PTG010501 \SURVEY\LEGALS\22260_APN_117-114-011 \Legals\22260-1_FEE-R2.doc 9/27/2012 Page 2 of 2 85 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22260-1 FEE CHEVRON U.S.A., INC. 1 ,1 05 SOFT. 117-114-011 SEE DETAIL "A" THIRD_ _ _ _ _ _ _ _ _ _ SHOWN 1— TPOB HEREON _ _ _ STREET 1 j POB w � R=25.00' in, L=34.77' 1 N81°57'13"W I (1) j L=79°41'19" / 93.95' N71 °38'31 "W(R) I� S54°36'1 9"W I 18' o ,o (R=25.00 22.79' 84332E(R) 10 o j (R=400.00') I� S79°01'1 7"E(R) i g - / / f PROPOSED R/W to rn i R_400e0o rn re) �a DOC. NOS. 2040359 `Lc)j 1 9°42'54'" 1 80469 THRU 1 80473 Li] L �d- N • & 46844, O.R. EXISTING R/W �N FOR.,FOR.,Or Ire -ram, T- I �o, j I I >- J N. o o Q- , 22260-1 �ii JI JCIC I �� oo o IJ J M,E1.. 18 z / V I�Ty 0 SAN flER Ir RO I NO CO., R r C ., / ARIES 0 N�1 ° 56'1 4"W P 7.75' n jQ j I SSg°Op�37„E(R �/ S59° 56'01 "E(R) 18 0 o / 'i S81 ° 56'1 4"E 149.51 a ��� 'j / / 116 � 1 7-1 1 1 7- 1 14-003 r. 1 14-012 `, p0' TPOB R ,25 �.77 —�j N8193 34 9'13"W ' 19 �/ 6=7 90 41 L=0.72' LEGEND ,=30 -p54i" 01 0=01°39131" POB Indicates Point Of Beginning �� N_ �g ,'\°) N06°23'16"E(R) TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing °,5(o�' D DETAIL "A" ( )Title to State �� `L�'� I'=4' i 11 Access Prohibited / SCALE: 1 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 6 0- FEE ACQUISITION 1 distances. All distances are in feet unless otherwise noted. FEET 0 20 40 80 120 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (7141481Ana, 8053/(7114)54598883 (Fax) DATE: 11-03-11 REV.: 09-27-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 0/' R I V 86 91 6.4 1 1 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT 131' LEGAL DESCRIPTION Caltrans Parcel No. 22260-2 Temporary Construction Easement APN 117-114-011 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the documents recorded October 30, 1981 as Document No. 204035, September 25, 1981 as Document Nos. 180469 through 180473, and February 15, 1989 as Document No. 46844, of Official Records of said County, described as follows: Beginning at the intersection of the existing southerly right of way line of Third Street as said line is described in that Document entitled "Right of Way Dedication for Public Street" recorded September 23, 1985 as Document No. 213522 of Official Records of Riverside County, said line lying 34.00 feet southerly of and perpendicularly distant from the original centerline thereof, with the existing westerly line of the north -south alley in Block 166 of the plat of "South Riverside Town Site" as said block is shown on the map filed in Book 9 of Maps, Page 8, San Bernardino County Records, said existing westerly line lying 10.00 feet westerly of and perpendicularly distant from the original centerline of said alley; thence North 81°57'13" West 93.95 feet along said southerly right of way line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 25.00 feet; thence westerly continuing along said southerly right of way line and along said curve 0.72 feet through a central angle of 01°39'31" to a point thereon; thence South 54°36'19" West 15.58 feet to the True Point of Beginning, said point being the beginning of a non -tangent curve concave westerly having a radius of 432.00 feet, to which point a radial line bears South 79°42'46" East; thence southerly along said curve 98.09 feet through a central angle of 13°00'32"; thence South 66°42'14" East 5.00 feet to a point, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 437.00 feet, to which point a radial line bears South 66°42'14" East; thence southwesterly along said curve 47.60 feet through a central angle PA2PTG010501\SURVEY\LEGALS\22260_APN_117-114-011 \Legals\22260-2_TCE-R3. doc 9/27/2012 Page 1 of 2 88 PS OMAS of 06° 14'28" to the southerly line of that certain parcel being a former portion of Main Street as vacated per said Document No. 46844; thence North 81 °56' 14" West 10.77 feet along last said line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 427.00 feet, to which point a radial line bears South 59°56'01" East; thence northerly along said curve 142.25 feet through a central angle of 19°05' 16"; thence North 54°36' 19" East 7.20 feet to the True Point of Beginning. Containing 965 square feet. See Exhibit `132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 9 Z7/2 Date P A2PTG010501 \SURV EY\LEGALS\22260_APN_ 117-114-011 \Legals\22260-2_TCE-R3. doc 9/27/2012 Page 2 of 2 89 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22260-2 TCE CHEVRON U.S.A., INC. 965 SOFT. 117-114-011 i SEE DETAIL "A" THIRD -1- — SHOWN WI TPOB HEREON I STREET F - r POB WI R=25.00' in i , L=34.77' 1 N81°57'13"W =79°41 '1 9 .4 / 93.95' °38'31 N54°36'1 9" + S54 9 W 18' o N71 "W(R)I 5 58 I I (R=25.00') 10 o i � ' S79°42'46"E(R) 8' S78 43 32 E(R) I N. 0 (Ro400.00') log_ S790 01 17 E(R) rn I I PROPOSED R/W _OE) P,fr DOC. NOS. 2040359 � R-/400.00' „ 0 0 1 80469 THRU 180473 L=137.64' '0M & 468449 O.R. Lu 0=19°42'54" N r� n / N °- a S66°42'1 4"E(R) ,� j 5.00 I I l>... I o 1 a- r- 0 �22260-2 ° ii o J — / POR, Or LOTS V-- 1 2 81 0DX 166 M,E1, 918 z l I/49/ 6 o OAN ari-NARD1NO CO RED ., EXISTING R/W P R=437.00' L=47.60' iQ I I t S60°27'45"E(R) 18 /,/S59°pp'37,.E(R) 0 /S59°56'01 "E(R)/ A. .i/ S81 °56'14"E 149.51 I ., \/ , \ , N�/ / 1 0.77' 1 1 7-1 14-003 116 1 _ _ 1 7 1 14 012 ° /, / N81 56'1 4"W p0' TPOB ° R `a77' 57'1 3"W _3q,25 N81 �� L=0.72' LEGEND .4 0=01 °39/31" POB Indicates Point Of Beginning ,\°) ' N06°23'16"E(R) TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing o4)(o (0 a DETAIL "A" ( ) Title to State ��� 11=4 1 (( I Access Prohibited /� SCALE: 1 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 6 TEMPORARY CONSTRUCTION 0- 2 EASEMENT - distances. All distances are in feet unless otherwise noted. 1 I FEET 0 20 40 80 120 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 11-03-11 REV.: 09-27-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS -- - 8 R I V 90 91 6.41 1 1 Chevron U.S.A., I nc., a California Corporation APN 117-114-011 mission 91 pROJECT FAST FORWARD RO N No. 13-024 FEE 1,105 SF (Total Parcel Area 24,394 SF) �N■■1 Temporary Construction Easement 965 SFd4;= �9 �. E 4th 5t RESOLUTION NO. 13-026 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 101-290-021, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 101-290-021 (Caltrans Parcel No. 22089), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee, permanent wall footing easement and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 91 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 92 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 93 94 EXHIBIT A 96 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336 0210018088077.1 97 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 P OMA EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22089-1 Fee Acquisition APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as Instrument No. 051262, Official Records of said County, described as follows: Commencing at the most southerly corner of said Property "A"; thence North 43°16'36" East 38.49 feet along the southeasterly line of said Property to the True Point of Beginning; thence continuing along said southeasterly line North 43°16'36" East 340.89 feet to the beginning of a curve concave northwesterly having a radius of 2947.00 feet; thence northeasterly along said curve and said southeasterly line 208.33 feet through a central angle of 04°03'01" to the most easterly corner of said Property; thence North 42°38'43" West 19.56 feet along the northeasterly line of said Property; thence South 64'24'06" West 5.90 feet; thence South 40°58'22" West 100.48 feet; thence South 37°09'32" West 105.23 feet; thence South 40°58'22" West 93.02 feet; thence South 40°57'23" West 247.15 feet to the True Point of Beginning. Contains 6692 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:12PTG0105011SURVEYILEGALS122089 APN 101-290-02111,ega1s122089-1.docx Pagel of2 3/16/2012 99 PS S 1 2 See Exhibit `AT attached hereto and bade apart hereof. 3 4 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 5 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 6 Grantor's remaining property, in and to said freeway. 7 8 Prepared under the direction of 9 10 11 Cam. i12„...0 3 - 16 - 201 'L 12 Jeremy L. Evans, PLS 5282 Date 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M:12PTG0105011.SURVEYI EGAL5122089 APN_101-290-021',Lega1sQ2089-1,docx Page oft 3/16/2012 100 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22089-1 FEE HGN CORONA PARTNERS 6692 SOFT, 101-290-021 o ,0 p�4 214„, R=467.0� ° (R) RIVER ROAD 3 8'52„E 565 2 „ GREEN ,. 2° 07 29 , 599.23 R�1033.00 �' ' w o ' 17"W (R) ' L_3a�- N2 ,39"E N63 15 PO �+ I� o ,04•,E POR. PARCEL 2 "n ,� rn �30 0 8 PAM, 10113 ,� CV 0 0 'P''8' 15/65-66 4r PROPERTY A to o ,1 �n L.L.A. No. 3549 \ I r * ;\` TPOB INST. No. 051262 O.R.co o nr c P REC. 02/1 3/19�92 ,nNi 3 `, —r ROAOSED f ,, P V' RiW 22089-1 o S40° Pj1 - 57,23„ o o' o ,�-I'cc,�-.... 247W 5405wU�ti!____ 9822„� co.� � _3.0W S37o�32W v'�/t,38.49, 34089 105�L _. o •: o N43°16'�xISr.,, � 36EING RiWPAC ` _ ` - 379,37' L.208,3,, --ti R'29q 7. , e ROUTE s SSoo 4:L4°03 0° , 9 RI V ERSI DE F s (R ) 40 REEn,A Y r 2 RI VERB, p C OU rA r s fONING E FREEWq - a Y LEGEND POB Indicates Point Of Beginning TPOB Indicates rue Point Of Beginning (R) Indicates Rad'al Bearing ( } Title to State 1 1 1 1 Access Proh'bited NOTES Coordinates and bear'ngs are on CCS 1983(2007.00) Zo a 6. D'stances and stationing ore grid distances. D'v'de by 0.99997476 to obtoin ground 2 2 0 8 9- FEE ACOUISITION 1 distances. All distances are in feet unless otherwise noted. r FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa Anaj (714175/-7373/(7341545-8883 Wax) DATE:02-09-12 REV.:02-28-12 EA: OF540 FM*: DISTRICT COUNTY ROUTE _ SHEET PM SHEET NO.TOTAL SHEETS 8 RIVn1 91 O O.8 1 1 102 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OS EXHIBIT `Bl' LEGAL DESCRIPTION Ca!trans Parcel No. 22089-2 Permanent Wall Footing Easement APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as Instrument No. 051262, Official Records of said County, described as follows: Beginning at the most southerly corner of said Property "A"; thence North 43°16'36" East 38.49 feet along the southeasterly line of said Property, thence North 40°57'23" East 247.15 feet; thence North 40°58'22" East 93.02 feet; thence North 37°09'32" East 105.23 feet; thence North 40°58'22" East 100.48 feet; thence North 64'24'06" East 5.90 feet to a point on the northeasterly line of said Property, said point being North 42'38'43" West 19.56 feet from the most easterly corner thereof; thence North 4298'43" West 6.28 feet along said northeasterly line; thence South 64°24'06" West 5.30 feet; thence South 40°58'22" West 101.93 feet; thence South 37°09'32" West 105.23 feet; thence South 40°58'22" West 92.83 feet; thence South 40°57'23" West 285.25 feet to the southwesterly line of said Property; thence South 44°30'51" East 4.46 feet along said southwesterly line to the Paint of Beginning. Contains 3513 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. MA2PTG0105011.SURVEYILEGALS122089 APN 101r290-0211Legalsk22089-2.docx Pagel of 3/13/2012 103 SS 1 2 See Exhibit `82' attached hereto and made apart hereof. 3 4 Prepared under the direction of: 6 7 8 9 Jeremy L. Evans, PLS 5282 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 -! 5- Zot Z Date M;12PTG0105011SURVEVILEGALS122089_APN_101-290-021\LegalA22089-2.docx Page 2 of 3f 13/2012 104 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22089-2 ESMT HGN CORONA PARTNERS 3513 SO.FT. 101-290-021 ° '04" p�4 21 , R=467.00 461 ROAD L - 565°28'52"E (R) - W tr- Oko �z-2° OZ f oo13 R�VER " G R E E� - 599.23, R=La 1033 c,4 ° ,17 �W (R) L:3 _� ` „E _ N63 15 N22 23f 3`�. FOR , PARCEL 2 co • 5 08 o�a�04 E PROPERTY "A" ?AC, M, J 0 1 J 3 � O� 3 L.L.A. No. 3549 P AL 8., 45/65-66 INST. No. 051262, O.R. 4 REC. 02/13/1992 0-,' 1 � to 40 t� \ vN --- -�� 22089-2� 3 .0 — — ~ 1 __ 0 / O _ PROPOSED - A.-rco W \ � o- V \ \ z 1, EXIST `POB —-__.Rvw -- � _ _�_ —_ _,RBUT ���__ _— -- C ! _ 8 9rRjVERSJDE9 FREw4p EA y SEE SHEET 2 1 FOR DETAIL "A" RourE Cif S r 9 j Ri vERS 2 A rIONfNG 4°E FREEWAY 3 4 LEGEND POB Ind'cates Point Of Beginning TPOB Ind'cates True Point Of Beginning {R) Ind.cates Radiai Bearing C. ) Title to State I I I I Access Prohibited NOTES Coordinates and bear'ngs are 01 CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22089 PERMANENT WALL 2 FOOTING EASEMENT distances. All distances are 'n feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 HVttOn Centre Drivet Ste. 200 Santa Ana, (714)75373/ 14)545 1 BB3 (Fax) DATE: 02-09-12 REV.:02-28-12 EA: OF540 FAte: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 0. 8 1 2 EXHIBIT B2 PARCEL* TITLE GRANTOR AREA APN 22089-2 ,ESMT HGN CORONA PARTNERS 3513 SO.FT. 101-290-021 POR, PARCEL 2 ' PROPERTY "A" P AM, 1 O 1 J 3 L.L.A. No. 3549 P,M,a,-}5/65-66 ;_ INST. No. 051262, O.R. o REC. 02/1 3/1 992 o P 3 3 v- N ti ' 0 (22089-2) .N ,o h M cos �' 4► PROPOSED o rn a -Sq_ o_,_ RiW o O 57 23�� -____ S ° ) - , • `� ~.�~ --w, 285,�5,- 40 58 22�'w 537°09'32" �� �`n `° ��92• 83 1 OS- - W er 38.49' ` L4 1r_ 323 - � v S4 340,89, ~ , �� L4 _ ~-�-_ 0 POB 3 '6 36'w 379. 3 7 L -208. :fir cn P •c co Po N V) _ � , - „, R-2 94 7 , _ 1 4=4°03:Op w, ,I DETAIL "A" �? (Drn ct N 19.56' NOT TO SCALE N tr.) • W o 6 v- N cD Z P 0 LINE DATA in B BEARING DISTANCE LEGEND L1 N40°57'23"E 247.15' PoB Indicates Point Of 8eginn'ng TPOB Indicates True Point Of Beginn'ng (R) Indicates Rodiol Bearing L2 L3 L4 N40°58122"E N37°09132 1E N40°58'221E 93.02' 105.23' 100.48' ( )T't'e to Stote III I I Access Prohibited NOTES — Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Div'de by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 22U89-2 PERMANENT WALL NO FOOTING EASEMENT SCALE PREPARED BY: PSOMAS SoniatAnaC Californiae92707 200 (714)751-7373/(714)545-BBB3 (Fox) DATE:02-09-12 REV.:02-28-12 EA: OF540 FAst: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS B R I166 91 0.8 2 — 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Cl' LEGAL DESCRIPTION Caltrans Parcel No. 22089-3 Temporary Construction Easement APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as Instrument No. 051262, Official Records of said County, described as follows: Commencing at the most southerly corner of said Property "A", thence North 44°30'51" West 4.46 feet along the southwesterly line of said Property to the True Point of Beginning; thence continuing along said southwesterly line North 44°30'51" West 10.03 feet; thence North 40°57'23" East 284.46 feet; thence North 40°58'22" East 92.49 feet; thence North 37°09'32" East 136.97 feet; thence North 39°26'17" West 4.85 feet; thence North 46°48'33" East 76.31 feet to the northeasterly line of said Property; thence South 42°38'43" East 11.31 feet along said northeasterly line to a point lying 25.84 feet from the most easterly corner of said Property; thence South 64°24'06" West 5.30 feet; thence South 40°58'22" West 101.93 feet; thence South 37°09'32" West 105.23 feet; thence South 40°58'22" West 92.83 feet; thence South 40°57'23" West 285.25 feet to the True Point of Beginning. Contains 6176 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `C2' attached hereto and made apart hereof. M:12PTG0105011SURVEMEGALS122089 APN_101 290-021lLegals122089.3.docx Pagel of2 3/ 13/2012 107 1 2 3 4 5 6 Prepared under the direction of 3-16 - 20r 7 Jeremy L. Evans, PLS 5282 Date 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 M:12PTG010501ISLTIWETLEGALS122089 APN 101-290-0211Legals122089-3.docx Page 2 of 2 3/13/2012 108 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22089-3 TCE HGN CORONA PARTNERS 6176 SO.F-. 101-290-021 ti 67..4°21,04" ft7.--467.00 O S65°28'52"E (R) R ROAG L=�� - RIVE ° 29 GREEN -�! ' 2 0 �, 5g9,23 ��1033.00 w N63o 15' 17"W (RI L�3ai~�'3g ,r N22 2 ' r'') ID ° 4"� ii JR a J�ARCEL 2 • J S88 0a,0PROPERTY A, co 11) to �► 34•00 L.L.A. No. 3549 P,11l1J 10113 ^-) `ti to �. INST. No. 051262, O.R. P , A J a J 5/65-66 ' INS oil)REC. 02/1 3/i 992 otoP • N Nr _ _ _ ., r — �22089- 3) 3 `. 1 ��~'_-11 v- `'," TP01 Nr• - _ __'_ PROPpsEO RiW 1— — o i rq o POB _ ExIsTiNG Raw ~' - _ \` '` UT� __— 9� ` — 8 Rjv�Rs JD� `�—�--_ ,_........ 9 FREE y Qo SEE SHEET 2 1 FOR DETAIL "A" 2 ROUTE 9 3 C/4 Sr,4 TJ N;NG SIDE FRET r a LEGEND POB indicates Pont Of Beginning TPOB Indicates True Pont Of Beginning (R) indicates Radial Bear'ng ( ) T'tle to State 1 i i i Access Prohibited NOTES Coordinates and beorings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. D;v'de by 0.99997476 to obta;n ground 2 2 0 TEMPORARY CONSTRUCTION p /� 8 9- 3 EASEMENT distances. Ali distances are in feet unless otherwise noted. < FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200 Santa Ana Coli/ornlo 92707 (7141751-7373/(7141545-BBH3 (Fax) OATE:02-09-12 REV.: 02-28-12 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R Itail 91 0.8 1 2 EXHIBIT C2 PARCEL* TITLE GRANTOR AREA APN 22089-3 TCE HGN CORONA PARTNERS 6176 SO.FT. 101-290-021 PDP PARCEL 2 PROPERTY "A" P O l 3 L.L.A. No. 3549 3 INST. No. 051262, O.R. P AV L S, 45/65-66 REC. 02/13/1992 u") to(22089- 3) r a Q (N., P G ` N, ») ' co N40°57 2358,?2'E 92,gg, N39°26'1 74 is i cu --284,Q6- 4.85' ^'1 0 4 co l` SQO° — — —— 57 23"W ----�_ Z v c+a � N37°09'32"F "� `ncp — --- qdu '; 1�10 — -- P S43°r6,36 �W S 58 22"yy S37 pg`W L1 --' �— 37g.37 L ��. PROP TPOB OSED Raw L-208,33, R=2 "lM vPi — - 047 EXIST POB EXISTING Raw 4-Q °03'p �� cr co Cr; DETAIL "A" 14_, N NOT TO SCALE ,ti 0 a 0 v) LEGEND LINE DATA POB Indicates Point Of Beginn'ng BEARING DISTANCE TPOB Indicates True Point Of Beginn'ng (R) Indicates Radiol Bearing L1 S40°58'22'W S64°24'06"W 101.93' C }Title to State L2 5.30' I I l 1 I Access Proh'bited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stotioning are grid distonces. D'vide by 0.99997476 to obtain ground distances. All distances ore in feet un ess otherwise noted. 22089-3 TEMPORARY CONSTRUCTION EASEMENT NO SCALE PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa Ana, California 92707 17141751-7373/(7141545-9893 (Fox) DATE:02-09-12 REV.:02-28-12 EA: OF540 FAs: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I Yi n 91 0.8 2 2 91 pROJECT FAST FORWARD HGN Corona Partners, LLC, a Delaware Limited Liability Company APN 101-290-021 Riverside County Tronsporrolion Commission RON No. 13-026 _.....„0111 FEE 6,692 SF (Total Parcel Area 16,381 SF) Permanent Waif Footing Easement 3,513 SF Temporary Construction Easement 6,176 SF RESOLUTION NO. 13-027 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-040-024, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee, permanent wall footing easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-040-024 (Caltrans Parcel No. 22127), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee, permanent wall footing easement and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 111 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 112 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 113 114 EXHIBIT A 116 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8088094.1 117 118 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22127-1 Fee Acquisition APN 102-040-024 In the City of Corona, County of Riverside, State of California being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence along the southerly and westerly lines of said Parcel, the following 3 courses: 1. South 82°57'44" West 58.68 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,000.00 feet and to which beginning a radial line bears South 02°31'20" East; thence 2. Westerly 805.79 feet along said curve through a central angle of 15°23'22" to the southwesterly corner of said Parcel 1; thence 3. North 07°06'02" East 82.28 feet; thence leaving said westerly line, South 81 °02'48" East 373.25 feet to the beginning of a curve, concave to the north and having a radius of 3,466.00 feet; thence easterly 321.79 feet along said curve, through a central angle of 05 ° 19' 10"; thence on a non -tangent line, South 81°38'02" East 120.59 feet; thence South 88°34'02" East 46.27 feet to a point on the easterly line of said Parcel 1, distant North 09°30'32" East 35.32 feet from said southeasterly corner of said Parcel 1; thence South 09°30'32" West 35.32 feet along said easterly line to the Point of Beginning. Contains 64,829 square feet MA\2PTG010501 \SURVEY\LEGALS\22127_APN_ 102-040-019\Legal\22127-1.docx 11 /26/2012 Page 1 of 2 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `A2' attached hereto and made apart hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. Prepared under the direction of //2T/Z Brian E. Bullock, PLS 5260 Date M\2PTG010501 \SURVEY\LEGALS\22127_APN_102-040-019\Legal\22127-1.docx 11 /26/2012 Page 2 of 2 120 EXHIBIT A2 PARCEL# TITLE AREA APN 22127-1 FEE 64,829 SO. FT. 102-040-024 I INF TARI F L1 - S81 °38'0211E L2 - S88°34'02HE L3 - S09° 30'324 120.59' 46.27' 35.32' Lu c N ti,r) `- M o ti — 00 zro . N 33.53' O AW MV co w 102-420-052 am 102-040-026 6' sr- un t.n v C9 O �-- o c9 000 NO., 2009- 1---(Ni 102-040-022 v r,S7/O 1 Ov; 0„R.. z0 P. L 1 N09°26'44"E P,l�ll� 77009 74.9 4' � 102-040-003 P,M.,8„ N09°26'44"E 102-420-Q36 1 'I2./9f>- 98 64.28 No P OL './ P,IV1,El, w o o w 158/ 9 9�-101 r- 221 27-1 O -, M \� �, ,0 P 24150 PROPOSED R/W M AO M ,loll , ., __- . in Nin =05°19'19" N S81°02'48HE �R=3466.OQ o 373.25 L=321.79 L1 L2 ,0 NG) 02 O z N07°0628' 82. - 6,=15°23'22" R=3000.00" L=805.79' L3 POB EXISTING R/W S82° 57 44 W SE'LY CORNER 58.68 PARCEL 1 I ROUTE 91 RIVERSIDE FREEWAY 14 215 16 PM 22009 6 7 g g 210 11 12 13 PMB 142/96-98 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State iliiii( Access Prohibited NOTES 2 2 1 2%- 1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I 1 1 1 i FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751Ana, 7373/(7114)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 121 91 4. 1 1 1 122 PS OMAS EXHIBIT Tr LEGAL DESCRIPTION Caltrans Parcel No. 22127-2 Permanent Wall Footing Easement APN 102-040-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence North 09°30'32" East 35.32 feet along the easterly line of said Parcel 1 to a point thereon, said point being the True Point of Beginning; thence North 09°30'32" East 8.08 feet continuing along last said line to a point thereon; thence North 88°34'02" West 55.20 feet; thence North 81 °38'02" West 112.17 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,459.00 feet and to which beginning a radial line bears South 03°37'45" West; thence westerly 321.42 feet along said curve through a central angle of 05°19'27"; thence North 81 °02'48" West 373.48 feet to a point on the westerly line of said Parcel 1, distant thereon North 07°06'02" East 89.28 feet from the southwesterly corner of said Parcel 1; thence South 07°06'02" West 7.00 feet along said westerly line to a point thereon; thence South 81 °02'48" East 373.25 feet to the beginning of a curve, concave to the north and having a radius of 3,466.00 feet; thence easterly 321.79 feet along said curve, through a central angle of 05°19'10"; thence South 81°38'02" East 120.59 feet; thence South 88°34'02" East 46.27 feet to the easterly line of said Parcel 1 and the True Point of Beginning. Contains 6,085 square feet M:\2PTG010501 \SURVEY\LEGALS\22127_APN_102-040-019\Lega1\22127-2.doex 11 /26/2012 Page 1 of 2 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit 132' attached hereto and made apart hereof. Prepared under the direction of l- 27-/2 Brian E. Bullock, PLS 5260 Date M:\2PTG010501 \SURVEY\LEGALS\22127_APN_102-040-019\Lega1\22127-2.docx 11 /26/2012 Page 2 of 2 124 EXHIBIT B2 PARCEL# TITLE AREA APN 22127-2 ESMT 6,085 SQ. FT. 102-040-024 I INF TARI F L3 - N09°30'3211E cv 35.32' O . Lu N N —re-) o ti O N82°38'274 zro 33.53'w M . — O op 102-420-052 rn .sr. 102-040-026 cn 1n u-) ,/ .si- ( . O_ o ro DOG , NO 200 9- '� N 102-040-022v 06/01863 0.,R., z \ PO 1 N09°26144"E 74.94' P�1�11 � 2200 ) � � 102-040-003 P,M,S, N09°26'44"E 102-420-036 N 1 'lr21 96-92 64.28 pGI 4 VLs1, w o = O O N , P 152/99- 1 01 o '�MIME) r� 0 1 i 0 0, 24150 o� PROPOSED R/W o -- �,,o P,l1/1. — _.'� N o O FDA 0 N CS)\0 zo o -. NO7°06'02"E TPOB +� 82.28' - Q=1 5° 23 22 R=3000 00' L=805.79 L3 POB EXISTING R/W S82 57 44 W SE' ° SELY CORNER 58.68' PARCEL 1 i ROUTE 91 RIVERSIDE FREEWAY 215 16 PM 22009 6 7 8 9 210 11 12 13 14 PMB 142/96-98 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ( ) Title to State ', t i t , . Access Prohibited NOTES 22127-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. i FEET 0 100 200 400 600 PREPARED BY: PSOMAS SantatAna, Califoon Centre rrniae92707 z00 (714)751-7373/(714)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 125 n R I V �J 1 4. 1 1 4 EXHIBIT B2 PARCEL# TITLE AREA APN 22127-2 ESMT 6,085 SQ. FT. 102-040-024 7i Ll , —1 n ' t>, i1, O In O 1 O N i N 0 --0 0 1-0 j q 1 N 11 , cv 0 00 m N N O O O N O m DOC , NO, 200 9- 06 /0 126; 0 , R , PCB 1 PA, 2200 P,M,2, 1 'f2/ 96- 92 `'a, PROPOSED R/W 22127-2 7.00' N81 °02'48"W 373.48' T T- T T I -I T T- IT -T TIT T - -- T- 11 -T T- I T T 717 � N T- 11-1 S81 °02'48"E 373.25 ' O to O o f— O 1n w N c9 ON o c0 N- O z /- 0=15°23'22" �/ R=3000.00' L=805.79' EXISTING R/W/ LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ROUTE 91 RIVERSIDE FREEWAY ( ) Title to State mini Access Prohibited NOTES 22127-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 714)751n 7373/(714)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 126 91 4.0 2 4 EXHIBIT B2 PARCEL# TITLE AREA APN 22127-2 ESMT 6,085 SQ. FT. 102-040-024 PROPOSED R/W DOC, NO, 2009-0870108g POL. 1 P , M „ 22009 Pal „2„ 1 ''r2/98— )2 A=05° 1 9'27" R=3459.00' L_321.42' __ __ D,R, —__-=-- —_- 22127-2 °02'48"W _ N81 __ 373.48' = __ °02'48"E��=05° p=1 ROUTE 91 1 9'1 0" R=3466.00' L=321 .79' 5° 23'22" R=3000.00 L=805.79 RIVERSIDE FREEWAY S81 373.25' -- EXISTING R/W/ LEGEND (R) Indicates Radial TPOB True Point of POB Point of Beginning Bearing Beginning ( ) Title to State i i i i i Access Prohibited NOTES 22127-2 PERMANENT WALL FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances, Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS Hutton SantaAna, California e9200 2707 (714)751-7373/(714)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 117 R I V 91 4.0 3 4 EXHIBIT B2 PARCEL# TITLE AREA APN 22127-2 ESMT 6,085 SQ. FT. 102-040-024 I INF TARI F L1 S88°34'02HE 46.27' N09°26'44"E L2 - N88°34'02"W 55.20' 64.28'/-' L3 N09°30'32"E 35.32' DOS, NO, 2009-061012 p O P„loll, pAvLe., 142/ � Lc) Q r— M 0,R„ l_ 1 22009 96- 99 in m in in N W N �) 0 M Lo N 0 0 'sr- 0 I N 0 O i O O I N O PROPOSED R/W ro 22127-2 0 0=05° 1 9'27" `n R=3' \ N81 ° 38'02"W 1 1 2 1 7' 0 z e 21 .42' — 741_2� — — L2 _ _ -� ° L� 8.08' A=05° 1 9'1 0" S81 38'02"E / R=3466.00' 1 20.59' TPOB r L=321 .79 °`'- AA 68 W \ EXISTING R/W 582 ' —� 58 e p=1 5° 23 2 2 R=3000.00 -- L=805.79 - RIVERSIDE FREEwA`( 91 LEGEND ROUTE POB (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning SETY CORNER PARCEL 1 PM 22009 ( ) Title to State PMB 142/96-98 I l l l l Access Prohibited NOTES 22 12 7 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain -2 PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. 1 FEET 0 25 50 100 150 PREPARED BY: r S O M A S 3 Hutton Centre Drive, Ste. 200Santa (714)751n 7373/(7114)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R iv 128 91 4.1 4 4 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22127-3 Temporary Construction Easement APN 102-040-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence North 09°30'32" East 43.40 feet along the easterly line of said Parcel 1 to a point thereon, said point being the True Point of Beginning; thence North 88°34'02" West 55.20 feet; thence North 81°38'02" West 112.17 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,459.00 feet and to which beginning a radial line bears South 03°37'45" West; thence westerly 321.42 feet along said curve through a central angle of 05°19'27"; thence North 81 °02'48" West 373.48 feet to a point on the westerly line of said Parcel 1, distant thereon, North 07°06'02" East 89.28 feet from the southwesterly corner of said Parcel 1; thence along said westerly line, North 07°06'02" East 3.00 feet; thence leaving said westerly line, South 81°02'48" East 373.58 feet to the beginning of a curve, concave to the north and having a radius of 3,456.00 feet; thence easterly 321.28 feet along said curve, through a central angle of 05°19'35"; thence South 81°38'02" East 112.11 feet; thence South 88°34'02" East 55.45 feet to a point on the easterly line of said Parcel 1, distant thereon North 09°30'32" East 3.03 feet from the True Point of Beginning; thence along said easterly line, South 09°30'32" West 3.03 feet to the True Point of Beginning. Contains 2,587 square feet MA2PTG010501 \ SURVEY \LEGALS\22127_APN_ 102-040-019\Lega1\22127-3.doex 11 /26/2012 Page 1 of 2 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `C2' attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date < l'27 /2 M:\2PTG010501\SURVEY\LEGALS\22127_APN_ 102-040-019\Lega1\22127-3.docx 11/26/2012 Page 2 of 2 130 EXHIBIT C2 PARCEL# TITLE AREA A P N 22127-3 TCE 2,587 SO. FT. 102-040-024 1 iNF TARI F L3 - N09° 30'32"E cv 43.40' . Lu op N _~ o �'� 00 i N82° 38'27"W z 33.53'i� 111111 �I M M rr) 102-420-052 m `'' rn Q. 102-040-026 tn 1n o� o co DOO ., NO 2009- r--- N 102-040-022 v 06/0186,, D,R, oz \ PCI J N09°26'44"E 74.9 4' Ail , 22007 � � 102-040-003 P,AiI�8., N09°26'44"E 102-420-036 (' 1 �r2/ )6-98 64.28' 0 PCL 4 P,Al1�J, _o w o 0 w N <0 1581 99- 1 O 1 o (V '_ rM 1 �. ,0 P,AII, 2'f1�0 PROPOSED R/W M� �� ocv A� V 0 z___ --- N07°06'02"E TPO: 82.28' L=805.79' - 0=15°23'22" R=3000.00' POB EXISTING R/W S82°57'44"W SE'LY CORNER 58.68 PARCEL 1 ROUTE 91 RIVERSIDE FREEWAY 14 215 16 PM 22009 6 8 9 210 11 12 13 PMB 142/96-98 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ( ) Title to State 1iii1i Access Prohibited NOTES 22127-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. ' FEET o 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751Ana, 7373/(7114)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 131 91 4.1 1 4 EXHIBIT C2 PARCEL# TITLE AREA APN 22127-3 TCE 2,587 SO. FT. 102-040-024 1-al _� ' 0 � a_a: M O 1 O N . r- N 0 17 -- j � EN61 l ll 1 i N N O O Q O 1 N O _ N o co DOC . NO. 7009- 06/0 1 86), 0 , R . PCI 1 P.M. 22009 P.1 .2. J 42/ 6- 92 — a_ PROPOSED R/W MIMEO 3.00' �/- S81 °02'48"E 373.58' — T F r N ��I1 7 -Fri T n----1 � 17 rI 17 T-I-1 T F1-I T I-11 N81 °02'48"W 373.48' 0 o O ° r--- o N , \ \�/ w N co o N O ° 61 r-00 O z / - 0=15°23'22" R=3000.00' L=805.79' EXISTING R/W LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ROUTE 91 RIVERSIDE FREEWAY ( ) Title to State 1.1111, Access Prohibited NOTES _ 22127-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. . I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)545-8883 (Fax) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 i L 91 4.0 2 4 EXHIBIT C2 PARCEL# TITLE AREA APN 22127-3 TCE 2,587 SF 102-040-024 JOG, NO, 2009-0 010.8g 0„R POL 1 PAL 22009 P„M„8„ 1 �'r2l 8- 9S PROPOSED R/W GIME S81 ° 02'4 8"E R=34 56.00' L_321 .28' 373.58' \/- _� - _� _� - °02'48"W A=05° 1 9'27" N81 373.48' R=3459.00' L=321 .42' A=1 5° 23'22" -- R=3000.00 L=805.79 EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ( ) Title to State mil Access Prohibited NOTES 22127-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are I in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: PSOMAS Centre D4)5458883 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santa Ana, California 92707 1E3 (71i4)751n7373/(71(Fax) 8 RIV 91 4.0 3 4 EXHIBIT C2 PARCEL# TITLE AREA A P N 22127-3 TCE 2,587 SQ. FT. 102-040-024 11NF TARIF L1 N88°34 02 W 55.20 N09°26'44"E L2 - S88° 34'02"E 55.45' 64.28' L3 N09° 30'32"E 43.40' DOG., NO, 2009-06 PGL P A , P,AII,S, 1 ''r.2/ b-98 cr In .q- N M /01 E36; 0„R„ 1 22009 O (5) Lh rn m m N w N o M Lo N O O R O i NN in O i O R N O PROPOSED R/W °,� M om o p=05° 1 9'35" "' ' R=321 n ocS81 ° 38'02"E 1 1 2.1 1 ' L2 -== o z 3_03= - — L=321 _28_ .28' — - — \ ' L1 p=05 1 9'27 N81 ° 38'02"W TPOB R=3459.00' 112.17' L=321 .42' q"W , Sg25$ 68 p=1 5° 23'22" R=3000.00 -- L=805.79 EXIST INC R / F REEw A J LEGEND ROUTE 91 RI VERSIDE POB (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning SE'LY CORNER PARCEL 1 ( ) Title to State PPMB2100996-98 ) i i l I Access Prohibited NOTES 22127-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. 1 FEET 0 25 50 100 150 PREPARED BY: PSOMAS Santaton AnaCentre California e92707 200 (714)751-7373/(714)545-8883 (Fox) DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 13 " R I V 91 4.1 4 4 Watson Land Company, a California Corporation APN 102-040-024 91 PROJECT FAST FORWARD RON No. 13-027 i FEE 64,829 SF (Total Parcel Area 895,594 SF) Permanent Wall Footing Easement 6,085 SF Temporary Construction Easement 2,587 SF sadMestbounibla#fRiarapAoSalasTA1137s RESOLUTION NO. 13-028 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-091-004, 102-091-005, AND 102- 091-006 LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 102-091-004, 102-091-005, and 102-091-006 (Caltrans Parcel No. 22129), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 135 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 136 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 137 138 EXHIBIT A 140 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Tomas Yorba Allotment, in the City of Corona, County of Riverside, State of California, as per map recorded in Book 2 page(s) 7 of Maps, San Bernardino County records, described as follows: Beginning at the most Westerly corner of Lot 49 of Tract 2319, as per map recorded in Book 43 page(s) 74 of Maps, in the Office of the County Recorder of said County, said point being also an angle point on the Easterly line of Lot B of Tract 2585, as per map recorded in Book 47 page(s) 10 of Maps, in the Office of the County Recorder of said County; thence North 76° 21' 30" West (formerly recorded as North 76 19' 50" West, 223.66 feet to an angle point on the Westerly line of Lot U of said Tract 2585; thence North 81; 21' 00" West, 9.36 feet to the Easterly line of Wardlow Avenue (formerly Ontario Avenue) 88.00 feet wide as shown on said map of Tract 2585; thence North 08 39' 00" East, 127.80 feet on said Easterly line to the beginning of a tangent curve, concave Southeasterly of 13.00 feet radius; thence Northeasterly, 16.01 feet on said curve through a central angle of 70 :33' 13" to a point of reverse curvature being the beginning of a reverse curve, concave Northwesterly of 111.00 feet radius, a radial line to said beginning bears South 10" 47' 47" East, said point being the true point of beginning; thence South 84'' 42' 25" East, 244.76 feet on the North line of the land described in the deed to Standard Oil Company, recorded February 1, 1971 as Instrument No. 9780 of Official Records to a point on the Westerly line of said Tract No. 2319 which bears North 15 29' 00" East 175.00 feet from said Westerly corner of Lot 49; thence North 15 29' 00" East, 64.08 feet on said Westerly line to the Northwesterly corner of Lot 47 of said Tract; thence South 81 21' 00" East, 110.79 feet on the Northerly line thereof to the Southwesterly corner of the land described as Parcel 3 in the deed to the County Riverside, recorded June 8, 1964 as Instrument No. 70146, of Official Records; thence North 15 29' 00" East, 146.94 feet on the Westerly line of last said land to the beginning of a curve concave Westerly of 170.00 feet radius; thence Northerly and Westerly 22.83 feet on said curve through a central angle of 07 41' 34" to a point of compound curvature, a radial at said point bears South 82 12' 34" East; thence Northerly and Westerly 22.86 feet through a central angle of 100' `44' 55" on a curve concave Southwesterly of 13.00 feet radius; thence North 02; 57' 29" West 50.00 feet on a radial line of last said curve to a point on the Southerly line of the land described in the deed to the State of California, recorded July 21, 1966 as Instrument No. 74261 of Official Records; thence South 87 02' 31" West on said Southerly line, 156.08 feet to the beginning of a tangent curve concave Southeasterly of 230 feet radius; thence Southerly and Easterly 199.02 feet on last said curve, through a central angle of 49 .34' 37"; thence continuing on said Southerly line South 37 27' 54" West 96.25 feet to the Westerly prolongation of the Northerly line of said Lot 47, said prolongation being also the Northerly line of the land described in the deed to D.N. Schneider recorded March 6, 1967 as Instrument No. 18448 of Official Records; thence continuing South 37 27' 54" West on the Southwesterly prolongation of said Southerly line to the most Northerly corner of the land described in the deed to the County of Riverside, recorded January 27, 1971 as Instrument No. 8344 of Official Records; thence South 36 36' 22" East, 32.08 feet on the Northeasterly line of last said land to a point on the Westerly line of said Lot U of Tract 2585; thence South 14 31' 22" West, 41.36 feet on said Westerly line to a point on a non -tangent curve concave Northwesterly of 111.00 feet radius, a radial line at said point bears South 19 44' 27" East; thence Southwesterly, 17.33 feet on last said curve through a central angle of 08 56' 40" on the Easterly line of said land to the County of Riverside to the true point of beginning. Except from that portion of said land lying Northerly of the North line of Lot 47 of said Tract 2319 and the Westerly prolongation of said line, all oil, minerals and other hydrocarbon substances located in or under all oil, minerals and other hydrocarbon substances located in or under the above described property, providing, however, that no exploration or production activities shall be permitted on the surface or within 500 feet of the surface, or such activities as will conflict with requirements and conditions or the Federal Housing Administration of Veterans Affairs, as reserved in deeds, recorded September 29, 1954 as Instrument No. 50035, and recorded April 13, 1962 as Instrument No. 33840. Also except therefrom that portion conveyed to the County of Riverside by deed recorded May 18 ,1973 as Instrument No. 64957 of Official Records of Riverside County, California. Assessor's Parcel Number 102-091-004, 005, 006 EXBHIT A, PAGE 1 141 142 treYS MAP ,S FOR ASS€S5M£irT P1.34POSEI 0+91.1" 0, ASSESSOR'S MAP BK,I00 PG 09 R11, ERSIO E COUNTY, CALIF: r POR SEC28, 7: 3 S,R.7W IPOR. RO. LA SIERRA YORBA) S-FATC ,/97,?. , -17 HWY s rR, A. 59 if 59 40 4 ROAD ro/. • ./1.1 pAk "0 AC,P0, M8 43/74-76 Tract No. 23/9 MB. 47/1D -14 Tract No. 25,95 PM. 7/77 Parcel Map 469/ P.M.114/92- 93 18 618 pAR, 00 TCRRACE Nov ,97.1 j.” 9 -32-5 / 0 2-09 t/74k = At 0 7, n't1r, not .70 fi*J P,Af .4.- If 4-.A1 EXBHIT A, PAGE 2 143 Donald G. Welch, Sara I . Welch, and Nancy H. Taylor APNs 102-091-004, 102-091-005, and 102-091-006 RESOLUTION NO. 13-029 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-101-002, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-101-002 (Caltrans Parcel No. 22136), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 144 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 145 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 146 147 EXHIBIT A 149 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: A portion of the Tomas Yorba Allotment, in the County of Riverside, state of California, as per map recorded in Book 2, Page 7 of Maps, in the office of the county recorder of San Bernardino County, described as follows: Beginning at the Northwest corner of Lot 46 in Tract No. 2319, as shown by map on file in Book 43, pages 74 to 76 inclusive of maps, records of Riverside County, California; Thence along the Northerly prolongation of the Westerly line of said Lot 46, being along the Easterly line of Ridgeview Terrace, 60.00 feet wide, North 15°29'00" East, 125.45 feet to the beginning of a tangent curve, concave Westerly and having a radius of 230.00 feet; Thence Northerly along said curve, through a central angle of 111031'15", an arc distance of 46.25 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 83°04'46", an arc distance of 18.85 feet to a point of tangency on the South line of Frontage Road, 50.00 feet wide; Thence along said South line North 87°02'31" East, 102.96 feet to the beginning of a curve therein, concave Southerly and having a radius of 1344.00 feet, a radial line to said beginning bears North 02°57'29" West; Thence Easterly 272.29 feet along said curve through a central angle of 11E136'29"; Thence South 81121'00" East, 187.71 feet on said South line; Thence leaving said South line South 8°39'00" West, 2.00 feet to the intersection of the South line of the land described in the deed to the County of Riverside recorded February 22, 1973 as Instrument No. 23040, of Official records; Thence South 8° 39' 00" West, 185.00 feet to a line parallel with and Northerly 28.00 feet from that certain course of the North line of above said Tract No. 2319, having a bearing of South 81° 21' 00" East; Thence South 81021' 00" East, 378.00 feet, on said parallel line to the True Point of Beginning; Thence North 8° 39' 00" East, 185.00 feet to the said South line of said land described in the deed to the County of Riverside; Thence South 81° 21' 00" East, 378.73 feet on last said South line to the Northeast corner of the land shown as Parcel 2 on a map recorded in Book 7, Page 77 of Maps, in the office of the County Recorder of Riverside County; Thence South 8° 39' 00" West, 165.00 feet on the East line of said Parcel 2 to an angle point; EXBHIT A, PAGE 1 150 Thence South 53° 39' 00" West, 2828 feet on the Southeast line of said Parcel 2 to an angle point; Thence North 81° 21' 00" West, 358.73 feet to the to the True Point of Beginning. Except therefrom an undivided 1/2 interest in all oil, minerals and any other hydrocarbons substances located in or under the above described property; provided however that no exploration or production activities shall be permitted on the surface or within 500 feet of the surface as reserved by Charles A. Thomas and Lauretta Thomas, his wife, in deed recorded September 29,1954, in Book 1635. Page 139, of Official Records. Also except the remainder interest in all oil, minerals and other hydrocarbon substances located in or under the above described property not previously reserved to other persons, provided, however, that no exploration or production activities shall be permitted within 500 feet of the surface as reserved by Lester L. Lev and Elizabeth L. Lev, husband and wife, in deed recorded April 13, 1962, in Book 3117. Page 431, Official Records. Said land is within the area shown as parcel 3 on a map recorded in Book 12, page 51, of parcel maps, in the office of the county recorder of riverside county. Assessor's Parcel Number: 102-101-002-9 EXBHIT A, PAGE 2 151 CO, ,/ / 01- -.e0/ 1-2i-5 /69p eore tg-7,cv zi/t fr'Vd 6/i? ON 1.?".1 92-PZ/rt, g rt-sc N Are9 ra 1,r 4,4, ••••a (-', te,9 , ,... .Xi„4,,,..., if ,,. .. J S' / ?t<.7 J „ .,,,, 4.„-- e.--, -4 4 Z, ' Y , .„.., r 1 --1- t.9, ,„,..i -s, .,„, -,,,, ' ..„ —_,„„ 0 '1 ti ( g I CI 0 cY. I ..5" r 7 -08 ,Y0c1 ) MI& 'ST' YOri 2/777 '.41N(70.7 331gb'3.1/171 ZO/ cfrif s;e0s*s3ssr rn•. (2- e9 • r /1,0. +4,-4/s 9 ,Ar zz APAt 00, :rear rr &re, iS 4,7d •-•A —46-16444 / 3i Gt/ 5, ;7.-;(7, dr, EXBHIT A, PAGE 3 Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008 APN 102-101-002 91 pROJECT FAST FORWARD RON No. 13-029 RESOLUTION NO. 13-030 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-101-033, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-101-033 (Caltrans Parcel No. 22137), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 153 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 154 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 155 156 EXHIBIT A 158 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: Parcel A: A portion of the Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded In Book 2' page 7 of Maps, in the Office of the County Recorder ofSan Bernardino [mun,v' described as follows: Beginning at the Northwest corner nfLot 46 In Tract No. 7319, as shown by Map on file in 800k4s, pages 74 to 76 Inclusive of Maps, Records of Riverside County, California; 'Thence along the Northerly prolongation of the Westerly line of said Lot *0' being along the Easterly line of n|dgev|ewTprraoe. 60Oofeet wide, North 15 29'00^ East, 125.45 feet u,the beginning of tangent curve, concave Westerly and having a radius o[ZJ0.OU feet; Thence Northerly along said curve' through a central angle of zz J/' zS^, an arc distance of46.Z5 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve' through a central angle uf8j 04'4e^. an arc distance of 18.85 feet to a point of tangency on the South line of Frontage novd, 50.00 huec wide described as Parcel z of Deed to the County o,Riverside, recorded June 8, 1964 as Instrument Mn. 70146 of Official Records pfRiverside County, California; Thence along said South line North 47 02' 3/^ East, 102.96 feet to the beginning of curve therein, concave Southerly and having a radius of 1344.00reet' a radial line tosaid beginning bears North 02 S7'29^West; Thence Easterly 277.29 feet along said curve through a central angle of lz 36' 29~; Thence South 81 Zz'OO^ East, 964.44 feet on said South line to the true point of beginning; Thence continuing on said svvtx line South 8 2z'OU^East, 430.54 feet toa point on the Southeasterly line of said Tomas Yorba Allotment; Thence South 42 03' 10^ West, along said Southeasterly nvc to the most Easterly corner of said Tract 2319, said point being the beginning of curve in ,he Northerly line of said tract' concave Northerly, and having a radius ur1s.VU feet; Thence Westerly along said curve' through a central angle org0 00'00^, an arc distance or70-*2 feet; Thence North 47 55'5n^West, 150.00[cct; Thence South42 U]' 10^west' 16825 feet/ Thence North 47 50'S0^West, 103.00 feet to an angle point in the East line of the land described in the Declaration executed by D.N. Schneider, recorded June 1, 1964 as Instrument No, 67189 of Official Records of Riverside County, California; Thence North 08 39' 00" East, 183.35 feet on said East line to the true point of beginning, Excepting therefrom that portion lying Easterly of the following described line: Beginning at the most Easterly corner of Lot 1 in Tract No, 2319; Thence along the Northeasterly prolongation of the Southeasterly line of said Lot 1, North 42 03' zo^ East, 101.87 feet said point being the beginning of curve being concave Northwcste,|y, having a central angle or 72 30'01^, o md|vo vf1].VO feet and a tangent distant pfg.53 feet, - Thence along said curve an arc length of z6.*5 feet to the beginning of a reverse curve being concave Northeasterly, having a central angle or39 05' 51^' a radius orl]V.00 feet and a tangent distant u,46.l0 Kee,/ Thence along said reverse curve an arc length qf88.7l feet to a point on a tangent line; Thence along said line North 98 39' 00^ East' 44.08 feet to the beginning of curve being concave Southwesterly, having a central angle or90 00' 00^, p radius of 13.00 feet, and o tangent distance of 13.00 feet; Thence along said curve an arc length ofz0-4J feet to a point on a tangent line, to the point of beginning. Excepting therefrom any improvements as located on said land, EXHIBIT A, PAGE 1 159 EXHIBIT A Parcel o` The improvements located on the following described land: A portion of the Tomas Yurba /w|ntme^,' in the County or Riverside, State of California, as per Mao recorded in oovx 7, Page 7 of Maps, in the Office of ,he County Recorder orSan Bernardino County, described as follows: Beginning at the Northwest corner ofLot *6 in Tract No. 2319, as shown by map on file in aook4J' rages nf to 78 inclusive of Maps, Records of Riverside County, California; Thence along the Northerly prolongation of the westerly line of said |ut4G, being along the Easterly line of Ridgevie~Teno,e' 8O.00feet wide, North 15 Zg'OO^ East, 1I5,45 feet to the beginning of tangent curve, concave Westerly and having aradius of2oo.oOfeet; Thence Northerly along said curve, through central angle of lz jz' 15^, an arc distance or4625 feet nuthe beginning of reverse curve concave Southeasterly and hu*|n9 a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle n/8] 01'46^' an arc distance of 18.85 feet to a point of tangency on ,he South line o[Frontage Road, 50.00 feet wide described as pa"cc| z of Deed to the County of Riverside, recorded June 8, 196* as Instrument No. 70146 of Official Records of Riverside County, California; Thence along said South U"o worth 87 02' 31~ East, 102.96 feet to the beginning of curve therein, concave Southerly and having a radius or 1344.00 feet, o radial line to said beginning hears North 02 57'Z9^West; Thence Easterly 272.29 feet along said c"nm through a central angle uf1z 36'29^; Thence South 81 2z'00^East, 984.44 feet on said South line to the true point of beginning; Thence continuing on said South line South V zz' Oo^ East, 430.51 feet to a point on the Southeasterly line of said Tomas Yo,U^Allotment; Thence South *2 03' ln^ West, along said Southeasterly line to the most Easterly corner o[said Tract 2319, said point being the beginning of a curve In the Northerly line of said tract' concave Northerly, and having a radius of 13.00 feet; Thrn»c Westerly along said con/e' through a central angle cf90 00'00^' an arc distance or20.4Z a'e~� Thence North ^7 50'SV^West, 150.00[eet; Thence South 42 OJ' 10^West' 1*8.25 fee,; Thence North *7 56' 50^ west, 103.00 feet to an angle point in the East line of the land described in the Declaration executed by D.N. Schneider, neoondcu lone 1, 1961 as Instrument No. 67189 of Official Records of Riverside County, California; Thence North 08 39' 00^ East, /83.35 feet on said sa,* line to the true point nfbeginning. Excepting therefrom that portion lying Easterly of the following described line: Beginning a, the most Easterly corner of Lot z in Tract No. 2319; Thence along the Northeasterly prolongation of the Southeasterly ono of said Lot 1, North 42 O]' 10^ East, 101.87 feet said point being the beginning of curve being concave Northwesterly, having a cn*ra| angle of 72 30' Oz^' a radius or 13.00 feet and a tangent distant or9,5s feet; Txnvco along said curve an arc length of 1*.45 feet to the beginning of a reverse curve being concave Northeasterly, having u central angle of 39 05' 51^' a radius of 130.00 feet and o tangent distant of4b.16 feet; Thence along said reverse curve an arc |nnOdh n[88.7l feet to a point on n tangent line; Thence along said line North 98 39' 00^ East, 44.08 hcot to ,he beginning of curve being concave Southwesterly, having a central angle or9U 00'00^, a radius ofz].00 feet, and a tangent distance of zIUV [cc,; Thence along said curve an arc length of 20.42 feet to a point on a tangent line, to the point of beginning. Apw: 102'101'033-7 EXHIBIT A, PAGE 2 160 00/•,/ ©,7V If-6 D/ t - 169b dolt /1""d 11/1[ Pre/ 61£Z '0N 1,0i1 91-b1/Sb r N' FP6i"r b 1 '.41Nn07 30/n13A/a 0/ 9d ZO/ J/B dVPI S,NOSS3SSC' i - --16 ANN- 3.d ix.L 6y ir,m-R � ( talk/O.t r b1�7 0t/ WO(' J ML b1 'SF1 'b/Od x M w a a d FAST FORWARD Gerald J. Norman APN 102-101-033 RON No. 13-030 orb -- '-.:.�: S R - 9 1 Eastbound Lanes Existing Frontage Rd RESOLUTION NO. 13-031 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-270-001, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee, permanent wall footing easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-270-001 (Caltrans Parcel No. 22142), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee, permanent wall footing easement and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 162 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 163 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 164 165 EXHIBIT A 167 Legal Definitions of Property to be Acquired I he following is a list or definitions of legal rights to he acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to {WIC, including, its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement. area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinhefore mentioned. "Temporary construction easement (ME)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of six months, beginning no fewer than 72 hours after the (late that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing, of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 7336 02100 \ 8088 U9 168 169 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22142-1 Fee Acquisition APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462, Official Records of said County, said land also being shown on the map filed in Book 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 8.22 feet along the northwesterly line of said land to the beginning of a non -tangent curve concave northerly having a radius of 3879.00 feet, a radial line to said beginning bears South 00°59'30" East; thence easterly 16.92 feet along said curve through a central angle of 00°15'00"; thence North 85°22'19" East 84.37 feet to the southerly line of said land; thence South 82°57'44" West 107.43 feet along said southerly line to the Point Of Beginning. Contains 240 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `A2' attached hereto and made apart hereof. M:\2PTG010501\SURVEY\LEGALS\22142_APN_102-270-001\Legals\22142-1.docx Page 1 of 2 10/9/2012 170 PS OMAS This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. Prepared under the direction of: L 5,,,, •d 10 - oct - ZOO 2- Jeremy L. Evans, PLS 5282 Date MA2PTG010501\SURVEY\LEGALS\22142_APN_102-270-001\Legals\22142-1.docx Page 2 of 2 10/9/2012 171 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22142-1 FEE S.C.W. 240 SOFT. 102-270-001 �r1, �> \-\. —i -`�'� of <(' 6.=00° 1 5'00" S80° 33'31 "E „�<°h ' R=3879.00 pARDr I 2 1 7.94' 54' �=16,92 °h� ��o% S01 ° 1 4'30E (R) rL N85° 22'1 9"E 84.37 1 259.57 W, 582057 "44 h �Qo DETAIL TAIL .. A.. ���'' 6, �o P B O NO 0 SCALE '5� t111 ; N LU o 1 LijI OI , FAR EL I of V)1 g PAIJ,J, Is.-91 r r I,u J <)- PARDr L 2 102-270-001 Tr) INST. NO. 160462 O.R. �� � REC. 7/10/1986 r CS ,<0 �o< ti h"- 0 R ., ., r) ., tD214 'r O )(..1/ �� \-' >F O �,� SEE DETAIL "A" oq° HEREON Q� _____ -- --- - e=., .— _ -/--_ --= --- _- 57'44 W 259 R/W _ �� 582° EXISTING POB 41ril„, , LEGEND POB Indicates Point of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ROUTE 91 RIVERSIDE FREEWAY ( ) Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 FEE ACQUISITION 4 2- 1 distances. All distances are in feet unless otherwise noted. ' FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana California (7141751- 373/(714)545-8883 (Fax) DATE:03-30-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV172 91 4.3 1 1 173 PSOMAS EXIIIBIT `B1' LEGAL DESCRIPTION Ca'trans Parcel No. 22142-2 Permanent Wall Footing Easement APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462, Official Records of said County, said land also being shown on the map filed in Book 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 8.22 feet along the northwesterly line of said land to the True Point Of Beginning and the beginning of a non -tangent curve concave northerly having a radius of 3879.00 feet, a radial line to said beginning bears South 00°59'30" East; thence easterly 16.92 feet along said curve through a central angle of 00°15'00"; thence North 85°22'19" East 84.37 feet to the southerly Iine of said land; thence North 82°57'44" East 152.15 feet along said southerly line to the southeasterly corner of said land; thence North 07°01'53" East 7.07 feet along the easterly line of said land; thence South 82°57'01 " West 126.03 feet; thence South 85°22'19" West 111.66 feet to the beginning of a non -tangent curve concave northerly having a radius of 3871.00 feet, a radial line to said beginning bears South 01 ° 14' 18" East; thence westerly 8.95 feet along said curve through a central angle of 00°07'57" to the northwesterly line of said land; thence South 42'53'55" West 11.11 feet along said northwesterly line to the Point Of Beginning. Contains 1840 square feet. M:12PTG0105011SURVEYILEGAL,S122142_APN_102-270-001\Legals122142-2.docx Page I of 2 4/2/2012 174 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `132' attached hereto and made apart hereof. Prepared under the direction of: Z- Za1 Z Jeremy L. Evans, PLS 5282 Date M:12PTG0105011SURVEYTEGALS122142_APN_102-270-00I1Legals122142-2.docx Page 2 of 2 3/30/2012 175 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22142-2 ESMT S.C.W. 1840 SOFT. 102-270-001 CURVE DATA TABLE S80°33'31"E NO. DELTA RADIUS DISTANCE 17.94' 54' C1 00°07'57" 3871.00' 8.95' f LINE DATA TABLE NO. BEARING DISTANCE PARCEL 1 L1 N85°22'19"E 84.37' \< �� Co „��°) ° �' ° . 1----. F)•,NJ�'El, — 9l (\i W � I <) c, (-7) r W ' . a- �, ei, ' i �r�i�Cr I 2 s \`-' N Ln (V �-// ,' 1 `<//: <//' , / VIPrt,`;',F//' � 102-270-001 w 0 H / Oh�/ ,' �' INST. NO. 160462 O.R. _� / m /0 A. ' REC. 7/1 0/1 986 0 .,/��'N/' h ° i ( �O / / TPOB I 1 ° `'^-) <0° R,S,2, t7/4''r o ' z \-\ 22142-2 0 _ N � . _° °o _- _ - - ---- P O B 11 . I I Ic\i / -------- 1 i 1 C 1 S85° 22' 1 9"W S82° 57':2° --W _1 26_ 03_---- 1 1 1 _ Fz6---_---- ---=====L _-___------- --- 152.1 5' R /W \ EXISTING I 57'44"E 259°57 � 'I p=00° N 5200„ 1 ° 1 4'30"E 1 R=3879.00 SO_____ (R)-16.92 PROPOSED R/W LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ROUTE 91 RIVERSIDE FREEWAY ( ) Title to State 1 1 1 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 PERMANENT WALL 4 FOOTING 2- 2 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS Ste. 200 Santa Ana, California 92707 (714)751n 7373/(714)545Centre 98883 (Fax) DATE:03-30-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 175 91 4.3 1 1 177 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22142-3 Temporary Construction Easement APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462 of Official Records of said County, said land also being shown on the map filed in Book 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 19.33 feet along the northwesterly line of said land to the True Point of Beginning; thence continuing North 42°53'55" East 4.17 feet along said northwesterly line to the beginning of a non -tangent curve concave northerly having a radius of 3,868.00 feet, a radial line to said beginning bears South 01°08'56" East; thence easterly 5.95 feet along said curve through a central angle of 00°05'17"; thence North 85°22'19" East 13.67 feet; thence South 07°45'41" East 1.59 feet; thence North 82°14'19" East 57.87 feet; thence South 07°10'39" East 4.58 feet; thence South 85°22'19" West 71.83 feet to the beginning of a non -tangent curve concave northerly having a radius of 3,871.00 feet, a radial line to said beginning bears South 01°14'18" East; thence westerly 8.95 feet along said curve through a central angle of 00°07'57" to the True Point of Beginning. Contains 237 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P A2PTG010501 \SURVEY\LEGALS\22142_APN_ 102-270-001 \Legals\22142-3-TCE. doe 9/25/2012 178 Page 1 of 2 PS OMAS See Exhibit `C2' attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 9 2s-/Z PA\2PTG010501 \SURV EY\LEGALS\22142_APN_ 102-270-001 \Legal s\22142-3 -TCE. doc 9/25/2012 179 Page 2 of 2 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA AP 22142-3 TCE S.C.W. 237 SOFT. 102-270-001 LINE DATA TABLE S80°33'31"E 1 7.94' NO. BEARING DISTANCE 54' I, L1 N42° 53'55"E 4 . 1 7' L2 N85°22'19"E 13.67' L3 S07°45'41 "E 1 .59' PARCEL 1 L4 N82° 1 4'1 9"E 57.87' i L5 507°10'39"E 4.58' <,; o L6 S85°22'19"W 71.83' \ V (s) P,M J, 'f- )1 7 0)of i___ N LU 4,1 CC I ?, , (J) (1/ f, C ) 1 h 4 .PARCEL 102-270-001 .Q:1 s<V ��/�. / . <C/ / �/ ,(L/ �• /�i/ l<, °/`3,/ ^)/ h� �h Oi/O0// Pii ie S/ N/oN o(r) N ( Sr O;/ 0 I ( C/ � INST. NO. 160462 O.R. REC. 7/10/1986 � r r� f 1 R ., S ., E1 ., 6 7/2/4 o I � O 0 TPOB yI i 72142-3 C1\ii) ) i i L5 19.33' �' \. L3 L 1 �I — _ . h __--- r 11l1ts1a_C� ) \ S82° 57'44"W 1 C2 PROPOSED POB LSo1°14'18HE (R) _ _ - 259.57' ING R/W -EXIST R/W ROUTE 91 RIVERSIDE FREENAY LEGEND CURVE DATA TABLE POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning NO. DELTA RADIUS DISTANCE (R) Indicates Radial Bearing Cl 00°05'17" 3868.00' 5.95' ( ) Title to State 11 1 1 I C2 00°07'57" 3871 .00' 8.95' Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 TEMPORARY CONSTRUCTION 4 2- 3 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 25 50 100 150 PREPARED BY: PSOMAS Santaton Centre Ana, California e92707 200 (714)751-7373/(714)545-8883 (Fax) DATE: 03-30-12 REV.:2; 09-25-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 180 R I V 9 1 4. 3 1 1 S.C.W., a California Limited Partnership APN 102-270-001 91 PROJECT FAST FORWARD RO N No. 13-031 FEE 240 SF (Total Parcel Area 35,719 SF) Permanent Wall Footing Easement 1,840 SF • Temporary Construction Easement 237 SF RESOLUTION NO. 13-032 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-090-001, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement, utility easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-090-001 (Caltrans Parcel No. 22173), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. 181 Section 2. Public Use. The public use for the fee, permanent wall footing easement, utility easement and temporary construction easement interests in the property to be acquired is for the SR- 91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section S. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 182 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 183 184 EXHIBIT A 186 iceu||)cfixi|imnsu[Property Vzbc6c(Iui/ed The fnUovvin", is x list o[dcUoiiions "/ |ogu| rights \" be acquired by kivcpjdo County Transportation (�`uxni^aion: ^Pcu,^ also known as fee xinop|c or kcc si/np|e ohyo|u|c, grants io K[TC, ubau|uk ownCnhipo[tile Property. ^Ptrnouxcoi Wall Footing [osc/nent^ -rants |o K[TC, inc|udino its successors and usxignw, x prrmamcot casement to construct, nuu6o|uin, operate repair, u|hcr, rcp)ucc, and remove footings. under, u|ong and uuvusy |hccomco/eoLarea, k`gc|hcr with all necessary undconvcxicn| nuaxx o( ix,grr~^ and egress to and hnon |be cxwcoocn| area or skip or puocc| of |and, for the purpose o|coou|rudin, royruin. mioun�. op�ru. prn�, renewing, or enlarging �� in any manner the kx`hngs |ogc(hc/ with uuy and uU o[Ule yorpoxcx b,rcinhch`rc mentioned, "Lltility Fluycnncn|" grants to kCT(, inc|uJing its successors and us^i6na, u pcnuuxext and perp,o/u| casement, to /c|ocu|c, construct, opuzoc` use, maintain, u|hnc add to, reconstruct, co|ur,gc, repair, renew, ocp\xcu, inspect and/or ncmovc, at any time and from time to |iu/c` uxd,rgrouxJ uNi(io*, ioC|udiu" but x*( |irnhcc io muwun, water, c|ccniou| syx^urno and c000mooiuoiiun systems, ownuisiiuL, wires, underground cunJui(x, cub|cx, vau|w, xumbu|ca, handholds, und ioduJinO ab*vc�—n.uod cnc|000rcy, xuoteo and concrete pads and other appurtenant fixtures all(] cquiyxncn/ necessary or umc[x| [urconveying electric energy to he used for light, heat, power, and (or|runyn'iUing, intelligence by electrical rncxox and/or other purposes, in, under, oil, over, along and across the land, as determined necessary by R(1C, its successors and umyipxm. |ogc(hcr with all necessary rights of' ingress and cgnums k` the ouxcmcn| area in connection with the exercise ot'any of the casement i-Thts. Property owners xhuU not erect or construct, nrpermit k` hcerected nrConstructed, any hviNino, y|roc\on or iznpn`vc/noni on, over or undcr Lilly portion of' the cuyenncni, or plant any {nc or trees or p|uo| any other vcgc|x|iun or Unru on any portion of the cuxcmco( except at iho */i(\cn consent o[ R[TC, its aoccc*xom and assigns. K[T[ will not unreasonably withhold [n`oo Grantor, 'its succoysum and uusivns. the right to utilize the cosccxcni area for parking, driveway access, |uudxcupiug, (exclusive of' vertical pcneku|ion), open space and dcnxiiymr Ownr area calculation. NClC shall be entitled to |riuo` cu|, urclear away any \rcca, broxh, or other vegetation or Uoca konu time to time determined in Its sole discretion without payment of any additional compensation. o/a`Mz/oomo o/o�/ 187 No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of RCTC, its successors and assigns. "Temporary construction easement crcE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall he exercised for a period ()I' 12 months, beginning no fewer than 72 hours after the date that R('T(' provides written notice of commencement of possession to the property owner. The duration of' the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier, Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 171,36 H2100\8088112 I 188 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22173-1 Fee Acquisition APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 9.57 feet along the westerly line of said land to a point thereon; thence North 79°08'56" East 577.02 feet to the beginning of a curve concave southerly having a radius of 5,110.00 feet; thence easterly along said curve 63.33 feet through a central angle of 00°42'36" to the easterly line of said land; thence South 10°01'02" East 14.45 feet along said easterly line to the southeasterly corner thereof, said southeasterly corner also being on a curve, concave southerly having a radius of 5,105.00 feet, to which corner a radial line bears North 10°01'02" West; thence along the southerly line of said land the following two courses: 1) Westerly along said curve 30.05 feet through a central angle of 00°20'14"; 2) South 79°38'44" West 612.81 feet to the Point of Beginning. Containing 7,676 square feet. See Exhibit `A2' attached hereto and made a part hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. MA2PTG010501 \SURVEY\ LEGALS\22173_APN_118-090-001 \Legals\22173- l.doc 11/14/2012 Page 1 of 189 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of f:fdle„,t Brian E. Bullock, PLS 5260 Date M A2PTG010501 \SURVEY\LEGALS\22173_APN_ 118-090-001 \Legals\22173-1. doc 11/14/2012 Page 2 of 190 EXHIBIT A2 PARCEL# TITLE AREA APN 22173-1 FEE 7676 SO.FT. 118-090-001 u) I'-. VARIES � / i kv Q S81 °58,42 OF SOUTH Lr�ND r�NJ »� "A" E , DOCo l V RS OoRo J O r S 56,„ 0=06°17'04 R=430.00' L=47,16' 577.Q2 — • s,,,-° Ds 9S A04,_6�'JzNl�Il��� R) -9POt� \i � 118-320-009 LOT eLOCx 1i11r1-rr r�' ���J�1.�2, LOT � NO R/W -D,c3 R f:E:03 77 LANDS o SEE DETAIL -/SHEET 2 _\\ � PROPOSED 22173-1) -- ! — — = N79_48_5� .E _ _ _--� POB S79° 38'44 W EXISTING R/W FREEWAY 61 2.81 ' \� — SEE DETAIL "B" w N N— 0 . —Ln o o 91 RIVERSIDE SHEET 3 ROUTE 255 6 S ROUTE 91 RIVERSIDE (— 2 3 4 FREEWAY C/L STATIONING LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing to State Prohibited ( ) Title I I I I I Access NOTES FEET 2 2 1 7 3- 1 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. I 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 714)751 7373/(7�14)545 8883 (Fax) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 191 91 4.8 1 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22173-1 FEE 7676 SO.FT. 118-090-001 (o N L 0 0 «) -----, z i DOC. NO. 21 ANOs Or I AND AND M„El, »� FOR, 37703 O.R. 0 J SOUTH R 1 V RS J Or IIAJATr R CO , ( S „EI , CO, ) LOT Lo R/W re) 221 73-1) PROPOSED � 577.02 — —V I/ I N79 08 56"E W I r )010'9.57' iililll Lij 11 00 S79 o 38 44 W 61 2.81 ' � EXISTING R/W DETAIL "A" w � - POB LEGEND POB Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Bearing Beginning Of Beginning ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES FEET 2 2 1 7 3- 1 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances, Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 0 12.5 25 50 I 75 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo751n 7373/(7o14)545-8883 (Fax) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 192 91 4.8 2 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22173-1 FEE 7676 SOFT. 118-090-001 \\ Sg 7 o Sg • „e S6�. ?2, S29 a_ 4. 92 99" \ 60 EILOBIC �. w (R) s � Ns, 7. 9 L ANDS O SOUTH RI V r RS l O r •0 >> 0o- LAND _AND IALATrR c O, DS9S'' 6- M,S, »-) (3,8, DOA * FOR, LOT t-D 69� '\ w DOC. NO. 37703 O.R. 22173-1) N10°08'28"W (R) N A=00°42136" (v PROPOSED R/W R=5110.00' o ' o o° o ^^ -~ L=63.33' in _ cn 1— 577.02' _jVN79°08'56"E LEI � I 111111111111111_1111111_I' Lu Illllllllllliillllllllllllllllll = Cn 14.45' if W L=30.05' W S79° 38'44"W 61 2.81 ' c_n R=5105.00' EXISTING R/W A=00°20'14" N1 0°01 '02"W (R) DETAIL "B" LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State II I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 FEE ACQUISITION 1 7 3- 1 distances. All distances are in feet unless otherwise noted. ' FEET 0 12.5 25 50 75 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n7373/(7114)54598883 (Fax) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 193 91 4.8 3 3 194 PS OMAS EXHIBIT `131' LEGAL DESCRIPTION Caltrans Parcel No. 22173-2 Permanent Wall Footing Easement APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 9.57 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 577.02 feet to the beginning of a curve concave southerly having a radius of 5,110.00 feet; thence easterly along said curve 63.33 feet through a central angle of 00°42'36" to a point on the easterly line of said land; thence North 10°01'02" West 5.00 feet along said easterly line to the beginning of a non - tangent curve concave southerly having a radius of 5,115.00 feet, to which point a radial line bears North 10°08'27" West; thence westerly along said curve 63.41 feet through a central angle of 00°42'37"; thence South 79°08'56" West 575.56 feet to a point on the westerly line of said land; thence South 05°28'01" West 5.21 feet along said westerly line to the True Point of Beginning. Containing 3,198 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. MA2PTG010501\SURVEY\LEGALS\22173_APN_ 118-090-001 \Legals\22173-2.doc 11/14/2012 Page 1 of 2 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of Brian E. Bullock, PLS 5260 l/-4./2 Date M:QPTG010501 \SURVEY\LEGALS\22173_APN_ 118-090-001 \Legals\22173-2.doc 11/14/2012 Page 2 of 2 196 EXHIBIT B2 PARCEL# TITLE AREA 22173-2 ESMT 3198 SOFT. 118-090-001 J Q -. 118-320-009 K. LOT sal, 58, _ 92" EILOGI‹ �E _ s�,_� ° / o. I ANDS OF SOUTH 1� J V r RS J J r �s 4 S,, o � Lr��10 Ai`1J 1�1Jr�Tr i=� OO ' 567 ,S2g°q2, 9„ JA � 6 o N l�ll��, �/� (��� C0�) 2 �R) wso��oti �J FOR., LOT � So � QO ARKS SEE DETAIL "A" DOC. NOo 37703 O.R.=06°17'04" .��F SHEET 2 R=430.00' _` PROPOSED R/W 22173-2) L=47.16' 575.56' _ _ — / S79°08'56"W _ _ ; \ -t 1- I --I t r- i -t -t- 1-1-1 t r i -t -r ri -r t- i �-t \� 577.02' - / N7°9°08'56"E _ N79 38 44 E 61 2.81 ' SEE DETAIL "B"SHEET TPOB POB EXISTING R/W 3 ROUTE 91 RIVERSIDE FREEWAY 8 q 255 6 7 2 3 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 PERMANENT WALL 1 7 3- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PS O MAS 3 Hutton Centre Drive, Ste. 200Santo (714)751n 7373/(714)545-8883 (Fax) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 197 91 4.8 1 3 EXHIBIT B2 PARCEL# TITLE AREA A P N 22173-2 ESMT 3198 SOFT. 118-090-001 Lc co N ° z • kr;I \ / / o- ko N LANDS ,� 4' � O ( I I DOC. 2LODJC Or LAND AND J ,2, 9/� POR NO. 37703 O.R. DE SOUTH RIVERSIDE 1, CO.,ATrR OO (s,e, Do,) , LOT R/W fr-- re-) 221 73-\ PROPOSED 575.56' I I S79° 08 56 W — W W )i)))il)i)iiii)i)ili)iiiniiiii)iiiiiiii57'7�.02 N79°08'56"E ^ 'V = (/) �— N79° 38'44"E 61 2.81 ' EXISTING R/W DETAIL "A" W w 00 \TPOB POB LEGEND POB TPOB (R) Indicates Point Of Beginning Indicates True Point Of Beginning Indicates Radial Bearing Title to State Access Prohibited ( -) I I I I I NOTES FEET 2 2 1 7 3- 2 PERMANENT WALL FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 0 12.5 25 50 75 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751Ana, 7373/(714)545-8883 (Fox) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 198 91 4.8 2 3 EXHIBIT B2 PARCEL# TITLE AREA APN 22173-2 ESMT 3198 SQ.FT. 118-090-001 N87o Sg '92, S6�.72 S29 oq2 99" aN, /2, JLOCI‹ 6E W (R) �; v, 7,> L<,3° 9> .00 y', ANDS Or SOUTH Ri V RSl Jr 5 7 LAND AND I, ATr R CO,, 9s9 -, 6 Jill .,2 , 916 (., 8 ., .00 J 9 Afr POR , LOT 69 N10°08'27"W (R) DOC. NO. 37703 O.R. N10°08'28"W (R) (9 `" , o N PROPOSED R/W R=51 1 5.00' N Ln OP ' "' ^^ L=63.41 JV �� F— S79°08'56"W 575.56' z z _J LLI L� III llill�IIIIIIIIIIIIIIIIIIlil = U) N79 ° IIIII1 lllllllilll L=63.33' 08 56 E 577.02' R=5110.00' 14.45' 0=00°42'36" W W N79° 38'44"E �� L=30.05' 61 2.81 ' R=51 05.00' EXISTING R/W 0=00°20'14" N1 0°01 '02"W (R) "B" DETAIL LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 11 1 II Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 PERMANENT WALL 7 3- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 12.5 25 50 75 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana(714)7Si 7�373/(714)54S-8883 (Fox) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 199 91 4.8 3 3 200 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22173-3 Permanent Utility Easement APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 9.57 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 22.35 feet; thence North 00°35'12" East 14.22 feet; thence North 05°28'01" East 6.32 feet; thence South 79°08'56" West 21.09 feet to a point on the westerly line of said land; thence South 05°28'01" West 20.84 feet along said westerly line to the True Point of Beginning. Containing 431 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. MA\2PTG010501 \SURVEY\LEGALS\22173_APN_118-090-001 \Legals\22173-3.doc 11/14/2012 Page 1 of 2 201 PS OMAS Prepared under the direction of /- /6-/2 Brian E. Bullock, PLS 5260 Date MA\2PTG010501 \SURVEY\LEGALS\22173_APN_118-090-001 \Legals\22173-3.doc 11/14/2012 Page 2 of 2 202 EXHIBIT C2 PARCEL# TITLE AREA APN 22173-3 ESMT 431 S1O.FT. 118-090-001 u) z. VARIES / \ TPOB i Q S81 Lr�No l�ll��, TPOB J L1 L5 22173-3 L4 L3 LINE DATA P O B BEARING DISTANCE — 1 -1- ! t t L1 L2 L3 L4 L5 L6 L7 L8 N05° 28'01 "E N79°08'56"E N00° 35'1 2"E N05° 28'01 "E S79°08'56"W S05°28'01"W S05°28'01"W S79° 38'44"W 9.57' 22.35' 1 4.22' 6.32' 21.09' 20.84' 265.49' 61 2.81 ' L2 L8 DETAIL HA„ °S8' g2� or SOUTH r1NJ »� �ot� "A" „ , NOT TO L o-r SCALE 1 V Rs J Dr S67 O.R. _ S<'J ° �s- S ° ,o 9S 9 42'49„ S7o o 2 (R) W 0'Lq� so o, �� =430.0 04'��' R=430.00' _.� L=47.16' _ - - - ,, �' / �J O F 118-320-009 _ (Li C , LANos rn o tr c(1, SEE DETAIL JLoDI< )>>Jr� r r R ����, Lo-r DOCo NOo R/W R �o , ro�) 37703 _ .HEREON , ,�. � -- r PROPOSED RIVERSIDE EXISTING R/W 61 A=00°20'14" R=5105.00' L=30.05' 2.81 ' - N10°01'02"W (R) S79° 38'44"W POB 22173-3) FREEWAY ROUTE 91 255 6 7 8 ROUTE 91 RIVERSIDE 2 3 q LEGEND FREEWAY C/L STATIONING POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing to State Prohibited ( ) Title 1 1 1 1 1 Access NOTES FEET 2 2 1 7 3- 3 PERMANENT UTILITY EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo 2707 (714)751n California 7373/(714)54598883 (Fax) DATE:04-04-12 REV.:2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 203 91 4.8 1 1 204 PS OMAS EXHIBIT `DV LEGAL DESCRIPTION Caltrans Parcel No. 22173-4 Temporary Construction Easement APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 14.78 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 05°28'01" East 5.21 feet continuing along said westerly line to a point thereon; thence North 79°08'56" East 574.09 feet to the beginning of a curve, concave southerly, having a radius of 5,120.00 feet; thence easterly along said curve 63.48 feet through a central angle of 00°42'37" to a point on the easterly line of said land; thence South 10°01'02" East 5.00 feet along said easterly line to the beginning of a non -tangent curve, concave southerly, having a radius of 5,115.00 feet, to which point a radial line bears North 10°08'27" West; thence westerly along said curve 63.41 feet through a central angle of 00°42'37"; thence South 79°08'56" West 575.56 feet to the True Point of Beginning. Containing 3,191 square feet. See Exhibit `D2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. MA2PTG010501\SURVEY\LEGALS\22173_APN_118-090-001\Legals\22173-4.doc Page 1 of 11/ 14/2012 205 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date l/ /‘-/2 MA2PTG010501\SURVEY\LEGALS\22173_APN_118-090-001\Legals\22173-4.doc Page 2 of 2 11/14/2012 206 EXHIBIT D2 PARCEL# TITLE AREA APN 22173-4 TCE 3191 SOFT. 118-090-001 i / N10°08'27"W (R) I I �u / o •� . 221 73-4 �', w , o Lc o . ';� PROPOSED R/W N N , °° o — TPOB ° �O o ti/ _�,,,-------C1 z J--5.211-7 - - -_�— C2 ilillllllllllil1kij I 14.78' 19.45' / POB / A=00°20'14"jOr o EXISTING R/W R=5105.00 ,c L=30.05' LOT I N10°01'02"W (R) ° S87° ne N10 08'27"W (R) DETAIL 118-320-009 Sg 92"E NOT TO SCALE EU OBI< 6 �' LANDS or SOUTH R l Vr RS I D ooS��'S. / �O 9s, co P o I\/Ai`lD r��10 IJ1Jr17r t� r� , S s29°92 9 Sao /5J ON 1�1,J 9l J �JaJ .J r� o C° � FOt�, LOT 6` J,) 67a�2, 9 w�R) ofo J z .s7.. DOC. N0. 37703 O.R. ° So ��� -N VARI-06 �- 1 �S SEE DETAIL "A" R=430 221 73-4 0p04" �=47e T P O B HEREON 6. PROPOSED R/W i _ i /� _ N79°08'S6"E 574.09' �d t-i-i--r / ._ l -t t- ri r i- i -r -I-I-1- i--1-1-1-1- ill + r i -r t ri + t i � / 575.56' ' °3844 S79°08'56"W 61 2.81 W S79 EXISTING R/W A=00°20'14" R=51 05.00' L=30.05' POB 91 RIVERSIDE FREEWAY N1o°o1'o2"w (R) ROUTE I 8 2 2 3 4 255 6 7 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND CURVE DATA POB Indicates Point of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C1 5120.00' ° „ 00 42 37 63.48 C ) Title to State C2 51 1 5.00' 00°42'37" 63.41 ' 11 1 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 TEMPORARY CONSTRUCTION 7 3- 4 EASEMENT distances. All distances are in feet unless otherwise noted. �' I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751n7373/(7114)545-8883 (Fax) DATE:05-10-12 REV.:2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 207 91 4.8 1 1 Cleon E. Benson, Jr., Trustee of the Cleon E. Benson, Jr. and Mildred T. Benson Family Trust U/ D/ T July 25, 1975 APN 118-090-001 _.7- Riverside [aunty irosporloiion Commission RON No. 13-032 FEE 7,676 SF (Total Parcel Area 100,383 SF) Permanent Wall Footing Easement 3,198 SF Temporary Construction Easement 3,191 SF Permanent Utility Easement 413 SF RESOLUTION NO. 13-033 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-330-012, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and temporary construction easement interests in a portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-330-012 (Caltrans Parcel No. 22177), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for fee and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 208 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 209 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 210 211 EXHIBIT A 213 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8 169964.1 214 215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S MA EXHIBIT 'Al' LEGAL DESCRIPTION Caltrans Parcel No. 22177-1 Fee Acquisition APN 118-330-012 In the City of Carona, County of Riverside, State of California, being a portion of Parcel 4 of that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of said Parcel, North 07°58'55" East 35.54 feet to the beginning of a non -tangent curve, concave southerly having a radius of 5,034.00 feet and to which beginning a radial line bears North 02°38'34"West; thence leaving said westerly line, easterly 241.40 feet along said curve through a central angle of 02°44'51"; thence on a non -tangent line, North 48'57'52" East 20.06 feet to a point in the easterly line of said Parcel 4, distant thereon North 07°57'35" East 40.06 feet from the most easterly southeasterly corner of said Parcel 4; thence along said easterly line and the southeasterly and southerly lines of said Parcel 4, the following three (3) courses: 1. South 07°57'35" West 40.06 feet, thence 2. South 52°57' 12" West 23.27 feet to a point on a curve concave southerly having a radius of 5,153.00 feet in the southerly line of said Parcel 4, a radial of said curve to said point bears North 01 ° 18' 56" East; thence 3 Westerly 237.28 feet along said curve through a central angle of 02°38' 18" to the southwesterly corner of said Parcel 4 and the Point of Beginning. Contains 9,635 square feet V:\2PTG010501\SURVEY\LEGALS\22177 Lega1\22177=1.docx Page 1 of 2 Last printed 6/26/2012 3:42:00 PM 216 SOMAS The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 i combination factor for this conversion is 0.99997476. 5 6 See Exhibit `A2' attached hereto and made apart hereof. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Prepared under the direction of Robert C. Olson, PLS 5490 Date V:\2PTG01o501\SURVEY\LEGALSU2177 Lega1\22177-1.doex Page 2 of 2 Last printed 6/26/2012 3:42:00 PM 217 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA AP 221 77-1 FEE BOB AND ANGELA BAROUTI FAMILY TRUST 9,6 ;5 SF 1 1 8-330-01 2 LINE TABLE CJRVE TABLE L 1 - N07° 58'S5"E L2 - S07°57'35"W 35.54' 0� 40.06' Cl - A-26 38'1 8" R=51 53.00' L=237.28' L3 - S52°57'1 2"W L4 - N48°57'52"E 23.27' 20.06' 1 15-330-008 RADIAL TABLE R1 - N01 ° 1 9'22"W R2 - NO2°38'34"W R3 N01 ° 1 8'S6"E ° R4 - N00 O6' -- - - ---- —-- I rr) 1 7 E Lr,r-- - i , 0 N82°03'23"W 351.29 000. NO, 2003 404828; 0 � R , uj N . t ..,i r, .i r _ i 11 18- 330-01 71 1 "' _:� i'i �PARpn c' PN 2 PCL 3 MAP� � � " op i w 2 21,7 7 N-, _,_� 1 In .- ( --- r __ _ - _- J -�' �� �-� r f� pRO pp5ED. R/1 uA5s OG 4 --- - — �- r __ _ _ _._---____ - c\trY CORDER PMe 4°/ 5--66 265 ROUT c 1 - _. __ E R�50 4 ___ - „, ROAD OM - _- ---- -- F R 1 R V R fl 1 6 FREEWAY 91 RIVERSIDE _ EW AY 9 _. _ - - - -- _-_. _ 270 ---''-- LEGEND _ _.�- _.__.____._ _.___.__ - CRi Indicates Radial Bearing POB Point of Beginning - --- I ( p Title to State yl 1 l l Access Prohibited NOTES 22177-1 Coordinates and bearings are on GCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. imp - FEET 0 50 100 200 00 PREPARED BY: P S O A S tuttcn Contre Ork:1-, Ste. 2rr Santo Anc, Cc: '`ornLn - - ;•1)?S'-7313%( r« 4'i S4 `i-sa33 ( o,e) DATE: 10-24-2011 REV. 3: 6-15-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 0-1 5.2 1 1 218 219 EXHIBIT `BP LEGAL DESCRIPTION Caltrans Parcel No. 22177-2 Temporary Construction Easement APN 118-330-012 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 4 of that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said parcel; thence North 07°58'55" East 35.54 feet along a portion of the westerly line of said parcel to a point thereon, said point being the True Point of Beginning; thence North 07°58'55" East 81.32 feet continuing along a portion of last said line to a point thereon; thence South 82'01'04" East 36.17 feet; thence South 02°07'54" East 73.50 feet to the beginning of a non -tangent curve concave southerly having a radius of 5,034.00 feet, to which point a radial line bears North 02°04'30" West; thence westerly along said curve 49.89 feet through a central angle of 0°34'04" to the True Point of Beginning. Containing 3,302 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P:\2PTG010501\SURVEY\LEGALS\22177_APN_ 118-033-012\Legals\22177-2-TCE.doc 5/17/2012 Page 1 of 2 220 2 4 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS Prepared under the direction of Brian E. Bullock, PLS 5260 l7-%Z Date PA2PT0001.0501 \SURV EY\LEGALS122177_APN_1 18-033-012U_egals\22177-2-TCE.doc 5/17/2012 Page 2 of 2 221 EXIIIBI PARCEL# TITLE GRANTOR 82 AREA APN 22177-2 TCE BOB AND ANGELA BAROUTI FAMILY TRUST 3,302 SF 118-330-012 LINE TABLE L 1 — N07° 58'55"E L2 — 552°57'12"W L 3 — N07° 58'55"E L4 — 502°07'54"E i r RADIAL TABLE! R1 — N01 ° 1 8'56"E R2 — N01 ° 1 9'22"W R3 — NO2°04'30"W R4 — NO2° 38'-4"W 35.54' 23.27' 81.32' 73.50' 1 18-3130-01 7 ,.PROV)°5°) R /W 4 EX15�t 3 POL 3 r � \\ I PrlR E P„Mp8, W I in r ro ° R4 TPOB z �— PARCEL 66 Pc\B 40l CURVE TABLE Cl — ®=2°38'18" R=5153.00' L=237.28' C2 — A-0°34104" R=5034.00' L= 49.89' 118-330-008 DOO., NO Jai A P 0/'5-66 S82°01'04"E 36.1 7' P OMON A ROAD RO JC/L STATIONING BAE 8 6 7 FREEWAY 265 ROUTE 91 RIVERSIDE r�- N M [t W Q LEGEND (R) POB TPOB filll Indicates Radial Bearing Point of Beginning True Point of Beginning Title to State Access Prohibited 9 r._ 0 t d C{3 oo 270 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22.1.77-2 TEMPORARY CONSTRUCTION EASEMENT FEET 0 50 100 200 300 PREPARED BY: P S A a 3 Hutton Centre Drive, Sonia: Ana, California 92707 (714)751-7373/(714)545-8863 (Fox) rnp DATE: 05-17-2012 REV. EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.2 1 1 222 223 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-330-012 (CPN 22177-1 and 22177-2): Behzad B. Barouti, Trustee of the Bob and Angela Barouti Family Trust Established March 3, 2003 9150 Benson Avenue Montclair, CA 91763 Angela T. Barouti, Trustee of the Bob and Angela Barouti Family Trust Established March 3, 2003 9150 Benson Avenue Montclair, CA 91763 Nasser Etebar Nasser Etebar, Trustee of the Etebar Revocable Trust, dated June 24, 1982 9150 Benson Avenue Montclair, CA 91763 Flora Etebar 9150 Benson Avenue Montclair, CA 91763 Record Owner Record Owner Behzad Barouti Record Owner 01301 Pomona Corona, CA 92882 Angela T. Barouti Record Owner 01301 Pomona Corona, CA 92882 Nasser Etebar Record Owner 01301 Pomona Corona, CA 92882 224 Flora Etebar 01301 Pomona Corona, CA 92882 Behzad Barouti c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Record Owner Record Owner Angela T. Barouti Record Owner c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Nasser Etebar Record Owner c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Behzad Barouti Record Owner 1060 W. Foothill Blvd Upland, CA 91788 Angela T. Barouti Record Owner 1060 W. Foothill Blvd Upland, CA 91788 Flora Estebar Record Owner 1060 W. Foothill Blvd Upland, CA 91788 Behzad Barouti Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Angela T. Barouti Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Nasser Etebar Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Flora Etebar Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Behzad Barouti Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Angela T. Barouti Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Nasser Etebar Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Flora Etebar Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Behzad Barouti Record Owner 540 Westminster Mall Westminster, CA 92386 Angela T. Barouti Record Owner 540 Westminster Mall Westminster, CA 92386 Nasser Etebar Record Owner 540 Westminster Mall Westminster, CA 92386 Flora Etebar Record Owner 540 Westminster Mall Westminster, CA 92386 Behzad Barouti Record Owner C/O Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland, California 91786 Angela T. Barouti C/O Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland, California 91786 Record Owner Nasser Etebar Record Owner C/O Law Offices of Richard G. Anderson Nasser Etebar, Trustee of the Etebar Revocable Trust, Behzad B. Barouti, and Angela T. Barouti, Trustees of the Bob and Angela Barouti Family Trust APN 118-330-012 RO N No. 13-033 ■ FEE 9,635 SF (Total Parcel Area 86,289 SF) ATemporary Construction Easement 3,392 SF Riverside [aunty ironsporloiion Commission RESOLUTION NO. 13-034 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-104-026, 118-104-031 and 118-104-050, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a temporary construction easement interest in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 118-104-026, 118-104-031 and 118-104-050 (Caltrans Parcel No. 22186), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 227 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 228 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 229 230 EXHIBIT A 232 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8169966.1 233 234 PS AS EXHIBIT `Al' LEGAL DESCRIPTION Ca!trans Parcel No. 22186-1 Temporary Construction Easement APN 1.18-104-026, 031 & 050 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded April 10, 2012 as Document No. 2012- °164276 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; said point being the beginning of a non -tangent curve concave southerly having a radius of 4,885.00 feet, to which point a radial line bears North 02°01'09" East; thence easterly along the northerly line of said land the following two (2) courses: 1) along said curve 517.10 feet through a central angle of 06°03'54" and 2) South 81°54'57" East 92.86 feet to the northeasterly corner thereof; thence along the easterly line of said land South 07°57'53" West 6.31 feet to a point thereon; thence North 81 °25'05" West 42.87 feet to the beginning of a curve concave southerly having a radius of 4,867.00 feet; thence westerly along said curve 567.14 feet through a central angle of 06°40'35" to a point on the westerly line of said land; thence along said westerly line North 07°57'1.9" East 6.68 feet to the Point of Beginning. Containing 3,754 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1.983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean .1 combination :factor for this conversion is 0.99997476. PA2PTG010501\SURVE^NL :GALS\22186_A.PN_118-1Od-031_118-104-026_118-104-05011,ega1s122186-1-TCE.doe Page 1 of 1 /21 /2013 235 Prepared under the direction of Brian E. Bullock, PLS 5260 /- 2143 Date P:UPTG0105011.SURVEY\i..EGACS\22186_APN_118-104-03.1_1.18-104-026__11.8-104-050\Legals\22186-1-TCE.doe Page 2of2 1/21/2013 236 EXHIBIT A2 PARCEL# TITLE AREA APN SHERMAN AVENUE 30 221 86- 1 TCE 3,754 SO.F-T. 30' ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 N07°57'19"E 19.63' POB NO2° 01 '09"E (R ) 2 3 1 1 8-1 04-02 6, 031 & 050 4 5 6 ROUTE 91 RIVERSIDE FREEWAY 6.68' A-06°03'54" P=4885.00' L-517.10' < $p, ©064035=4867.00' L-567.14 N01°54'20"E(R) - A=84°28'1 9" 1..=62.66' N33° 35'51 "E 35.48' A-25°38'32" -R=91 .00' L-40.73' 95.63' --N07° 57'19"E N82° 05' 1 7"W 47.94 - ...... .... ?18-103-002 118-103-003 18-103-004 w 0 r c) LC) C3 ° sn r�- 0 z S81 ° 54'57"E N81 ° 25'05"W 42.8 7' LoT J 4 12/20•- 93 R„St 117/20 DOC. NO. 2012-0164276 O.R. 182°05.7"W 11 118-103-005 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C _� Title to State 11 I 1 Access Prohibited 118- 7 03-007 2°05'17"W 150.12 - 0 a PoR , LOT 6 aLUCK lr M, 9/6 o (SCAN HERNfAR0l No n ° 0oJN7Y) CD a 118-103-009 0 CO 06 r� 0 , ram. �n N 3 �_ ..._...-- -- - ............_. u-) N "D" STREET 6.31` CO LC) r-- LC) 0 r~ 0 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 Io obtain ground distances. All distances are in feet unless otherwise noted. 221.86-1 TEMPORARY CONSTRUCTION EASEMENT L FEET 0 50 100 200 300 PREPARED BY: PSOMAS ? Futtr-i Cc:ntr:= Gr F: s-, Sr:=.. '6.1 DATE: 01-21-13 REV.: EA: OF540 FA##: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 6 RIV 91 5.2 i 1 237 FROJEcT FAST FOR VPM Magnolia Court, LP, a California Limited Partnership APNs 118-104-026, 118-104-031, and 118-104-050 RON No. 13-034 SR-91 lfirestboun-d Lane_ a A _ P_ropcusediSR;91 • ------4----- Proposed-SR-91 Eastbound Toltkanes _ Ampow-- a - 4 1 • SR-91 EaStbouricflartes — Temporary Construction Easement 3,754 SF (Total Parcel Area 184,607 SF) RESOLUTION NO. 13-035 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-160-021, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-160-021 (Caltrans Parcel No. 22192), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 238 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 239 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 240 241 EXHIBIT A 243 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 2 of Tract No. 7432-1, in the City of Corona, County of Riverside, State of California, as shown by Map on file in Book 86, Page(s) 7 and 8 of Maps, Records of Riverside County, California. APN: 118-160-021-4 EXHIBIT A, PAGE 1 244 245 MAP ItIf MO" *Me iltar IMI':rw 'err& ~sr rr wup -1-Yd11.1- I MIDV 3H.L. 1 P. 4 0111k. AlWatilt • 00 f / f7E 1 3Dt:Pird 1.1., 1 AMW ININ•410 ja, 4.00.04 it I/ .411. NA/ ~NW ARO Oeuvre* Aw.g. mo prow 4/.1.11/ MY AMY •4 AGYMOO I ,If MP WY MPS" 1.011V 1.0110."1 ► 10~ ipmeash. own*. WI ~MI 'MIMI 1,7 .4fr •••••• ~Wow -0- ./a/M/a/Ta7 ASIOP. /11.111...1 "WM emir .••• 'Wow AM 04i~ WM/ *saw/ PAWN,' a/ ralkore, INS Ar ag//ola /./ ~MI tww ovigtiAtell *JAW z; 49 'OD 2:1 .LYM 1440104/11 Ai 4 .110111 4.10' oVIV.PeV17 waraardit .1,1010 6 .1-01 DO IS Cif\W"T 33rSti 18 1-1-1-nOS VIV -691 .4us •11.• •••• 7 IN AIF IOW Tar. 41.44,11 • 111/AM 9E/ ef IN 6 13Dt_i'dd 07.0%.1triSr nepliVistry 'miaow .10/...1.7r1VAr ig(1• 71"1. %IfIerldr1r," :WNW awrsortior mir Vire 11,. 1D leSC41441 111P CWV7 A:110$450/11 a• rar 711/ AP s ar o ILCIP7 Nowa. ir • swim I-4' CAI 1.2Vii1 01,110,a..411, ?MI 14/ .4•14firmr EXHIBIT A, PAGE 2 siera �iIG•fmrfia3araLD liffaMaIEJ® E5Yt7®LIZ7 M11'37®® ®®®®atermwm_ 111121111:1121E3 172=21175=F=1 t t er It Ar• u as/+ A* At. araV tent' et / 1 rt Or n sr'rr rA.-ASn' x rr .! M Y tr rr C 'r nr r In •C," .Ar, rer. et?, .s» l.ra 9/ crwld3s 99/O£Ivd S'1'0N I0+u! Z9`!9/68 VI oaf?» a 6—ew9S17YN l'Zr01 •oN 1004 8-1/9887Y 9£60Z , » , XX'86/9£7 Wd .vo •6190OW Pc7 40m'a1.411 OW WS e9/6 FM S£/8i• WY 66C6/nN CoM'/AUld rz-z/11179d ® 699£Z rN C0yy lo0ecy Zr -+£/l9l Wd f roo-roo 1,W2 t/NO&00 20 A14.9 i!/+ .Y' 377r7 .Il/r9700 306713NY 9/ Da' PII le dr» S, bt2Ss^3S5'! et'etr w! W,* wr ;AYt ♦ e erllrYr:+u.a ,r24,0 r3rd111A/ 1NiAfr355Y bO.t r/ dr+r r»+1 EXHIBIT A, PAGE 3 Kenneth James Tressen and Sharon Ann Tressen, as Trustees of the Kenneth James Tressen and Sharon Ann Tressen Living Trust APN 118-160-021 r RNimm r _ Riverside [ouniyTrensporloiion [ommissioe RON No. 13-035 FEE 36,264 SF tior Vtilestbound Lanes f RESOLUTION NO. 13-036 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-183-026, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-183-026 (Caltrans Parcel No. 22215), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 248 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 249 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 250 251 F,XHIBIT A 253 ,c+ral )efinitions ( 'Property to he Acquired The fo ming is a list of definitions of legal rights to he acquired hy Riverside County Transportation (:orumission: "Fee," also known as fee simple or fee simple ahsolute, grants to RCTC, absolute ownership of the property. 7:136 01100 ViMi8r/li. 254 255 PSOMAS ► EXHIBIT 'Al LEGAL DESCRIPT N 3 Caltrans Parcel No. 22215-1 Fee Acquisition APN 118-183-026 7 ill the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the deed recorded April 8, 1978 as Document No. 62041 of Official io Records of said County, described as follows: II 12 • Beginning at the northwesterly corner of said land; thence along the northerly and 13 easterly lines of said land the following three (3) courses: 1) South 81°46'28" Fast 146.09 14 feet to the beginning of a curve concave southwesterly having a radius of 13.00 feet; 2) 15 southeasterly along said curve 20.38 feet through a central angle of 89°50'28" and 3) 16 , South 08°04'00" West 24.47 feet to a point on said easterly line; thence North 36°55'03" 17 West 29.15 feet; thence North 81'54'58" Nest 59.51 feet to the beginning of a curve 18 concave northerly having a radius of 356.00 feet; thence westerly along said curve 84.75 19 feet through a central angle of 13'38'25" to a point on the northwesterly line of said land; 20 thence North 43'06'14" East 8.75 feet along last said line to the Point of Beginning. 21 22 Containing 2,671 square feet. 23 24 See 1.--Ahibit 'A2' attached hereto and made a part hereof. )5 76 27 The distances described herein are grid distances and are based on California Coordinate 28 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 29 grid distances by the mean combination factor of the courses being described. The mean 30 combination factor for this conversion is 0.99997476. 31 PAN' IVO I 050I kSURVEM IGALS \222I5 Al'N_ I I 8-183-026Tegals \222 I 5-1_ Fee dot: iii6f2012 Pave I t3i2 256 PSOMAS Prepared under the direction of 4 6 Brian E. Bullock, PLS 5260 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2) 53 24 25 26 28 59 30 31 /l-i26- 2 Date PN2P1 00 10501 \SUR VNYTEGA I,S \ 22215 APN I IN-183-0261 egals'.222 I 5-1 _Fee doe llo/2012 Page 2 of 2 257 EXHIBIT A 2 PAR[E \ | \ TITLE [E[ A EA 7,671 SO. F[. //8-/7/-0/8 --�- / [��� ------ AC� Y/ � -'�J ^66 \ \ N81«42'27^W ` o � APN 118-183-026 pA RCEL 2 k/S �12/29 / R=l].O0' L=2O.]8 A=U9-�0'`T.`._ ��_'Zd' '�' � POA o " ^ , ----\ '- m S8l 4628 E `746- O9' �2 2 2"� ~' o-,-- n' o-~--~�-�� '^-�zh ^ - -'"" 59.51_� ��/,�NO1o54'58^� / . �n�5^ ' poo muicotc,,� point or acninning {n) |nuirn/ou nuuio/ Bearing ri,/e to storc / / / / Access p'oo;oi/eu '�- - ~ �'.�.� 29'}S-~' .'`.' - NJ6`5S'03^W DO[. NO. 62041 0,R' R/S ��/3 HOR. OF L0l 6/ M.�9 . /6 M-C' N08^04'00"E -�=- 35.00' /~-N81"42'2115.23' _ //8-183-027 J NOTES co"rd/no/c: and u(�,or/ngv are on cCi /983{200/.00} Z000 6. Distances and sto6o"iog are grid nio/o^ceo- Div�ur u/ o.esenr*/o to ot-,/*in g/nvou clis|nnccs. All uiu,o^c(:�s o,e in Cc,/ unless un*.'wiuc noted. ��� ���� ����u.,-u FEE 4(0u/O//&v rccr o 415 50 /oo /5o pH[pAnED BY: DATE: //-06-/2 REV.: Ex: 0r510 FAp' DISTRICT COUNTY ROUTE 8 R|V SHEET PM SHEET NO. TOTAL SHEETS 91 5.4 ) 258 91 PROJECT FAST FORWARD McDonald's Corporation, a Delaware Corporation APN 118-183-026 ''Ir RON No. 13-036 FEE 2,671 SF (Total Parcel Area 48,352 SF) RESOLUTION NO. 13-037 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-302-001, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-302-001 (Caltrans Parcel No. 22228), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 259 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 260 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 261 262 EXHIBIT A 264 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. l 7336.02100\8169963.1 265 266 EXHIBI'll" A �E(,:,jA(- DESCRUPTION All that certain real property situated in the County of Riverside, State of California, described as follows, The Northerly rectangular 100 feet of the Southerly rectangular 1 1/2 acres of Lot g, in Block 64 of South Riverside Land and Water Company Lands, in the City of Corona, County of Riverside, State of California, as ohmm/n by Map recorded in Bookg, Page 8 of Maps, in the Office of the County Recorder of the County of Riverside, State of California. Excepting therefrom that portion conveyed to the State of California in deed recorded September 19, 1950, in Book I377,Page 42S,asInstrument No. 58O807S5ofOfficial Records. AfN118-802-001-4 267 268 #NP&MAfTW PRIMA,* AMMBMMM.MMTTMPOMIS OIM.Y.'MOMAMMItt tBAiMW W MR flHACCURACY ORThe ORMMOWN A MMUOIti'MOM MAY MMT WOOLY tmM MX& 1.0T-010 OR =W Mn MTM OROINNIMU . As SESVA'S MAP 13M118 P6.3O AIvenida Glu)Mi• Gaul_ RS 37l4 FEE z 118-30 :AY 7 129'3 Mar 2913 3-24 8-35 ••••••nra.wn, - — • 61talA.. • — • ANass. A.w • • • •- mre...a.v. w.a.. .•ary Mohanneu 411/1 MMiMOT 269 FAST FORWARD Li Li APN 118-302-001 RON No. 13-037 Propose-d-SR-91 Eastbound -Laney Riverside [aunty ironsporloiion Commission RESOLUTION NO. 13-038 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 117-102-029, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-102-029 (Caltrans Parcel No. 22257), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for fee, permanent wall footing easement and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 270 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 271 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 272 273 EXHIBIT A 274 275 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8221519.1 276 277 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 ?0 21 22 24 25 26 27 28 29 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION CaItrans Parcel No. 22257-1 Fee Acquisition APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel l of Parcel Map No. 30004, as shown on map on tile in Book 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at the northwesterly corner of said Parcel l; thence along the northerly line of said Parcel 1. South 74°55'54" East 365.85 feet; thence leaving said northerly line, North 81 °06'06" West 236.85 feet to the beginning of a curve, concave to the north and having a radios of 3,059.00 feet; thence westerly 58.73 feet along said curve, through a central angle of 01 °06'00" to the beginning of a compound curve, concave to the north and having a radius of 538.00 feet; thence westerly 67.94 feet along said curve through a central angle of 07°14'07" to the westerly line of said Parcel 1; thence along said westerly line, North 08°03'27" East 33.18 feet to the point of beginning. Contains 6,950 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `A2' attached hereto and made apart hereof. M: 2PTG010501\SURVEYTEGALS122257_APN_ 117-102-029\LegalsL2257-I.docx Page 1 of 3 Last printed 3/12/2012 7:12:00 AM 278 PSOMAS 1 This conveyance is made for the pttrpose of a freeway and the Grantor hereby releases 2 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 3 Grantor's remaining property, in and to said freeway. 4 5 This legal description is not intended for use in the division and/or conveyance of land in 6 violation of the Subdivision Map Act of the State of California. 7 8 9 10 11 This legal description has been prepared by me or under my direction: 12 13 14 15 friewe-cee,•••,_ 16 Robert C. Olson, PLS 5490 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3. i`. 2c►/2... Date MA2PTG010501SURVEY\LEGALS.22257_APN_117-102-0290Legals..22257-1.docx Page 2 of 3 Last printed 3/ 12/2012 7:12:00 A M 279 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22257-1 FEE SAVE MOST DESERT RANCHO, LTD. 6,950 SF 117-102-029 1 I I 1 -i- 1 2 3 4 335 6 7 c ROUTF 91 RIVFRSIDF FREEWAY . C/L STATIONING RoU T E 9 7 RI VERSI DE FREEWAY l N75°55,54„W 450.290 N08° 03'27"E 89.01' PROPOSED R/W N40°01106"W 22257-1 N46°25'23"W 2>-\ 7-o 6.82' ` 58.27' FXISTING R/W o p a _ p 1 I` i � � .-< ,l�0 tLl - i ��L�`0. 1 Lr � N � 0-1 ��_, r I I' NII � PARR L 1 i'- N P ., NJ � NO � 3000 l l Inrn I o I . 0 0=26° 1 8'39"W I ., z R=30.00' - I !' L=13.78' - �-Z.�(1)N81 in ti . L11 W N OTC ILI T 0Q co z 50' 50' °56'03"W ..._ 479.26' - -- re) - , __ WEST 3RD S TREE T RADIAL TABLE LEGEND 548023'21 E (R) Indicates Radial Bearing POB Point of Beginning R1 - R2 - S22 04'42 E ( ) Title to State III 1 l Access Prohibited NOTES 22257-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stotioning are grid distances. Divide by 0.99997476 to obtain FEE ACOUI5ITION ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (7 4)751Ana, 7373/17114154598883 (Fax/ DATE: 10-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6. 4 1 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22257-1 FEE _ SAVE MOST DESERT RANCHO, LTD. 6,950 SF 117-102-029 Po6 ROUTE 9 7 875°55'54-E RIVERSIDE F REEWq r f Y -co S75°55'54"E IYi 365.85 50.29' --- M__11 -- c,_ ___ __ — I��� C1 N81 °06'06"w F XISTING R/W 236.85 (22257-1 PRQPOSED R/W N40° 01 061 W 6.82' N PARCEL 1 .t; P„M, NO, 30004 N J ME3 200/ 3-64 Lil III O Cv O o °a LINE TABLE I. � L1 - N08°03'27"E 89.01' IRADIAL TABLE R3 - 51 7° 1 4'01 "W LEGEND \ (R) Indicates Radial Bearing CURVE TABLE POB Point of Beginning C1 - ° 06'00 R=3059.00 L=58.73 ( ) Title to State 0=01 I f l l l Access Prohibited C2 - 0=07° 14'07" R= 538.00' L=67.94' NOTES 22257-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances ore in feet unless otherwise noted. I IMMIIMMI FEET 0 25 SO 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drh,e. Ste. 200 Santa Ana, California 92707 (714)75i-7373/[7141545-8883 (fax) DATE: 10-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6. 3 2 2 I 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 70 21 22 23 24 25 26 27 28 29 30 31 PMfA EXHIBIT `1B1' LEGAL DESCRIPTION Caltrans Parcel No. 22257-2 Fee Acquisition APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 30004, as shown on map on file in Book 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most southern southeasterly corner of said Parcel 1; thence along the southerly line of said Parcel 1, North 81'56'03" West 35.82 feet to a point of cusp of a tangent curve, concave northwesterly, and having a radius of 19.00 feet; thence easterly 14.86 feet along said curve through a central angle of 44°49'13"; thence North 53°14'44" East 24.63 feet to the beginning of a curve, concave to the northwest and having a radius of 20.00 feet; thence northeasterly 15.78 feet along said curve, through a central angle of 45° 11'33"; thence North 08°03' 11 " East 215.17 feet; thence North 36°31'35" West 24.95 feet to the northeasterly line of said Parcel 1; thence along said northeasterly line, and along the westerly and southwesterly lines of said parcel, the following three (3) courses: 1. South 46°25'23" East 32.57 feet: thence 2. South 08°03' 13" West 241.73 feet to the beginning of a non -tangent curve, concave to the northwest, having a radius of 30.00 feet and to which beginning a radial line bears South 48°23'21" East; thence 3 Southwesterly 13.78 feet along said curve through a central angle of 26°18'39" to the point of beginning. Contains 2,726 square feet MA2PTG010501\5URVEYILEGALS122257_APN^117-102-029U.ega1s122257-2.docx Page I oft Last printed 3/12;2012 7:13.00 AM 282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 P OM1 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6: 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit ` 32' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. This legal description has been prepared by me or under my direction: Robet+t'C. Olson, PLS 5490 3- Ali. ZvIZ Date M A2PTG0105011SURVEYA..EGAL.S,22257 APN 117-102-0291Legals122257-2-docx Page 2 of 2 Last printed 3/I212012 7:13:00 AN1 283 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22257-2 FEE SAVE MOST DESERT RANCHO, LTD. 2,726 SF 117-102-029 1 2 3 4 335 6 • ` ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ROUTE 91 RIIA-0 DE FREEWA Y N08° 03'27"E N75055,544 89.01' N40°01'06"W - -45°.29' _ — N46°25'23"W \\N.. n 6.82' n- 58.27' ;` EXISTING R/W 1 r,� 0 p - �` , ; _1 ., al a N I � Pr RGE-L 1 r N P Ail., l� 07-10004 ' i~ i T W N � o ��1L0 � ; .--. 1 Q 22257-2 w P I�11 J 27 clods a _ ,, i1 C r w ° I J—. 4 ° 4 1 .- 'b �= 1.1_1 \ 0�lzd ' • in o PROPOSED R/W r+ � a i` ,_ Co o 1 r- _l �n - ^ - Q ' Z q ; o 6.=26° 1 8'39"W I z R=30.00' —1 I L=13.781 `I ) R2 - I cTn' o ! z 50' 50' -_ _ � . ° 56'03"W v 4 79. 26 NI WEST 3RD STREET \\ RADIAL TABLE LEGEND {R} Indicates Radial Bearing POB Point of Beginning R1 - S48o23;21 �E R2 - 522 04 42 E ( ) Title to State mil Access Prohibited NOTES 22257-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714}751-7373/(7141545-8883 (Fox) DATE: 10-26-11 REV.:2; 03-12-12 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RI V 91 6.4 1 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22257-2 • FEE SAVE MOST DESERT RANCHO, LTD. 2,726 SF 117-102-029 _ 1 1 ) 1 1-- r—I-1 ` t rt t ---r-- i-- H — iv96 o RADIAL TABLE -\ SB2s_ 2�-, i N46° 25'23"W \ 2 R1 548°23'21"E - 25.71' R2 - 522°04'42"E \ N36°31'35"W LINE TABLE 24.95' ' L2 L1 - N81 °56'03"W 35.82' L2 - 546°25'23"E 32.57' EXISTING R/W -I ti in c1 (22257-2 I rn }} Pr'lRDE 1 P , Ill , NO, 3000A w I ;'me 00/63 -64 r 'Pr) I Q ° I � PROPOSED R/W II C V w Lu 1-1—I W [ U9 Z `z i I N53°14'44"E C2 rr' o 0 op o z 50' Q � 50' 24.6 3'' ,�� C1 ` _ 2 A=26°1 N81°56'03"W '39"W ' 443.44' L1 1 R=30.0 v- N81°56'03"W 479.26' / L=13.7 M WEST 3RD STREET POB ' LEGEND (R) Indicates Radial Bearing CURVE TABLE P08 Point of Beginning ° C1 - A=44 49 13 R=19.00 L=14.86 ( ) Title to Stote mil Access Prohibited C2 - 0=45° 1 1 '33" R=20.00' L=1 5.78' NOTES 22257-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.999974176 to obtain FEE ACQUISITION ground distances. All distances ore in feet unless otherwise noted. I pimmmmommomi FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 737347/4)545--8883 (Fax) DATE: 10-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 6. 3 2 2 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `CV LEGAL DESCRIPTION Ca[trans Parcel No. 22257-3 Permanent Wall Footing Easement APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 30004, as shown on map on file in Book 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the northerly line of said Parcel 1, distant thereon South 74°55'54" East 365.85 feet from the northwesterly corner of said parcel; thence North 81 °06'06" West 236.85 feet to the beginning of a curve, concave to the north and having a radius of 3,059.00 feet; thence westerly 58.73 feet along said curve, through a central angle of 01 °06'00" to the beginning of a compound curve, concave to the north and having a radius of 538,00 feet; thence westerly 67.94 feet along said curve through a central angle of 07°14'07" to the westerly line of said parcel; thence along said westerly line, South 08°03'27" West 6.08 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 544,00 feet and to which beginning a radial line bears South 17°07'53" West; thence easterly 107.08 feet along said curve through a central angle of 11 ° 16'40" to the beginning of a reverse curve, concave to the south and having a radius of 544.00 feet; thence easterly 28.91 feet along said curve through a central angle of 03°02'41'; thence South 81°06'06" East 264.47 feet to said northerly line of Parcel 1; thence along said northerly line, North 74°55'54" West 37.21 feet to the point of beginning. Contains 1,735 square feet V:12PTG0105011SURVEYILEGALS122257 APN_117-102-0291Legals122257-3.docx Page 1 of 2 Last printed 10/28/2011 10:14:00 AM 286 PS A.S 1 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The paean 4 combination factor for this conversion is 0.99997476. 5 6 See Exhibit `C2' attached hereto and made apart hereof 7 8 This legal description is not intended for use in the division and/or conveyance of land in 9 violation of the Subdivision Map Act of the State of California. 10 11 12 13 14 This legal description has been prepared by me or under my direction: 15 16 17 18 ,pd,-ece ZaeA,t-- 19 Robert C. Olson, PLS 5490 Date 20 21 22 23 24 25 26 27 28 29 30 31 V:12PTG0105011SURVEYILEGALS122257_APN_117-102-0291Legals122257-3.docx Page 2 of 2 Last printed 10/28/2011 10:14:00 AM 287 EXIIIBI T C2 PARCEL# TITLE GRANTOR AREA AP 22257-3 PE SAVE MOST DESERT RANCHO, LTD. 1,735 SF 117-102-029 1.- 1 2 3 4 335 fi 7 t ROUTE 91 RIVERSIDE FR EW Y I C/L STATIONING i I ROUTE 91 � Rf VEpp RSfDE FREEwA I y i i \ i 1-r--n N08°03`27"E N75°55'54"W I 450.29' I 89.01 ' _ -1-4 ++ I PROPOSED R/W I N40°01 '06"W J -`"\ ® N46°25'23"W l I in 6.82' n 58.27' EXISTING R/W i . I o -- ) o 1 � NU) m � to r^ (1) r_) 4) � N. U1`���� ;-, 0, I^ ti r ? o 4 � N PARDEL I I w P .I•Il` l�lO � 3JUJ�} � PPIIe 2JJ/��3y r I In o o i o I o A=26° 1 8'39"W I z R=30.00' �l i L=13.78 � R� - I 1-1.! N Cr � I � i V) rn T � I � 0 I Q 0o z 50 50 I cn N 81 ° 56'03"W �r 479.261 I WE T 3RD S TREE Tw — RADIAL TABLE LEGEND R1 - 54$023�21"�E (R) Indicates Radial Bearing POB Point of Beginning R2 -- S22 04 42 E ( ) Title to State i i i i I Access Prohibited NOTES 22257-3 Coordinates and bearings are on CCS 19B3(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. "miiimmininielliiili FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre prime, Ste. 200 Santo 7 414Ana, 1 805347141545-rnia 8883 (Fax) DATE: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 R I V 91 6. 3 1 2 288 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22257-3 PE SAVE MOST DESERT RANCHO, LTD. 1,735 SF 117-102-029 LINE TABLE RADIAL TABLE L1 L2 m.pr cti -- N08°03'27"E 89.01' R3 - 517°14'01"W - S08°03`271'W 6.08' R4 - S17°07'53"W ROUTE g �S75°55,5Q E � RI VERSID_ 5 E FREEtNq Y °o------ �55' -- __gSq E __ _----___365,8550.29' .— �3 —JC2 0C1 N8106'06"W '---�4+ .85 Q=11a16'40" �C3� z I �_CO R=544.00' 581 °06'd6"E 264.17' FXIST(NI; R/V1' L=107.08' -� - PROPOSED R/W W 2 2 �7°-3, 2 5w N40°01'06"W 6.82' N Q cv w LIJ In PARDO_ 1 P,M, NO, 30004 PNIS 00/h3-4 S75055.54u S75°55,SQ„E POB o O m o Q 365.85, 450.29' N81°06'061'0/ 236.85' � 3 co 7.21 ' ± ± +--1 -1--1 —1—i' -i- + 1- 1--1--1--1 `1-- --I- + +- Z w W (1) I S81 °06'06"E 264.47' - CURVE TABLE °06'00" LEGEND Cl - Q=01 R=3059.00' L=58.731 C2 Q=d7o14'07'� R= 538.00' L=67.94� (R) Indicates Radial Beoring POB Point of Beginning C3 - Q=03 02 41 R= 544.00 L=28.91 ( ) Title to State III 1 t Access Prohibited NOTES 22257-3 Coordinates and beorings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain PERMANENT WALL. FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 top 150 PREPARED BY: PSOMAS Kelton Sonianc Califorrniae200 92707 (714)481-8053/(7141545-8883 (Fosf DATE: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PIS SHEET NO. TOTAL SHEETS 8 R I V 91 6.3 2 2 289 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT `Dr LEGAL DESCRIPTION Caltrans Parcel No. 22257-4 Temporary Construction Easement APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 30004, as shown on map on file in Boole 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the westerly line of said Parcel 1, distant thereon South 08°03'27" West 39.26 feet from the northwesterly corner of said parcel, said point being the beginning of a curve, concave northerly, and to which beginning a radial line bears South 17°07'53" West; thence easterly along the arc, through a central angle of 11 ° 16'40", a distance of 107.08 feet to the beginning of a reverse curve, concave to the south and having a radius of 544.00 feet; thence easterly 28.91 feet along said curve through a central angle of 03°02'41 "; thence South 81 °06'06" East 264.47 feet to the northerly line of said Parcel 1; thence along said northerly line, and the northeasterly line of said parcel, the following two (2) courses: I. South 74°55'54" East 47.23 feet; thence 2. South 46°25'23" East 25.71 feet; thence leaving said northeasterly line, South 36°31'35" East 24.95 feet; thence South 08°03'11" West 215.17 feet to the beginning of a curve, concave to the northwest and having a radius of 20.00 feet; thence southwesterly 11.10 feet along said curve, through a central angle of 31°47'18"; thence on a non -tangent line, North 08°03'11" East 217.36 feet; thence North 36°31'35" West 56.43 feet; thence North 81 °06'06" West 442.79 feet to the westerly line of said Parcel I; thence along said westerly line, North 08°03'27" East 10.07 feet to the point of beginning. Contains 3,562 square feet V:12PTG0105011SURVEYILEGALS122257_APN_l 17-102-0291Legals122257-4.doex Page 1 of 2 Last printed 10/28/2011 10:26:00 AM 290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 P S O AS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `D2' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. This legal description has been prepared by me or under my direction: Roberi C. Olson, PLS 5490 Date VA2PTG01050I1SURVEYILEGALS122257_APN_117-102-0291Legals122257-4.docx Page of Last printed 10/28/2011 10:26:00 AM 291 EXHIBIT D2 PARCEL* TITLE GRANTOR AREA APN 22257-4 TCE SAVE MOST DESERT RANCHOS LTD. 3,562 SF 117-102-029 f 3 3 1 2 4 335 fi 7 , c ROUTF 91 RIVERSIDE FREEWAY 1 C/L STATIONING ROUTE 91 RI VERSID E FRE E WA Y ` N75°55,544 N08° 03'27"E 450•29' 8 9.01 ' H-4 1- I- f-t-I -{-~-- 1 PROPOSED R/W N40°01'06"W 22257-4 N46°25'23"W1 6.82' 1-1 58.27' EXISTING R/W , _ o 0 o O i Q 1 %' -i n- i�I>O � , — 0) c� � � 1� 1L'-� (i) o — tt1 �o_1—En �1 Ei 7, 1 cv i . J j (� I I Q 1 BIDE 1 I P ,1�I1 , �lU , OCir11'r I �, i NJ:J O O / b b'� O I N I o i ° , e=26° 1 8'39��W I z R=30.00' r1 1 1 L=13.78' �E�I / Ra Tr N M _ 7,1 0 ° o z 50' I' j1-L1 W Cr cn Z ZE q 50' cn N81 °56'03"W 7f- 479.26' M WEST 3RD S TREE T RADIAL TABLE LEGEND R1 S4$o23'21 (R) indicates Radial Bearing POB Point of Beginning - �E R2 - S22 04 42 E ( ) Title to State i I I I I Access Prohibited NOTES 22257-4 Coordinates and bearings are on CGS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200 2707 IT14M81'-805347110545-8803 {Fax) DATE: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 6.3 1 3 292 EXHIBIT PARCEL# TITLE GRANTOR AREA APN 22257-4 TCE SAVE MOST DESERT RANCHO, LTD. 3,562 SF 117 102-029 rni cri 9 � RI VERSID �- s7505$,54„E RoU T E E FREEWq Y 57S055/540E 365, 8.29 3P9.26' a=1 1 ° 1 6'40" ' 5' 4501__ R=544.001 _ - S81 °06'06"E `� ---I --i --F -4-- -1-2-F64 g1 --i �H •--i - F -F- {- /0 N81706'06"W 442.79' — .o?- EXISTING R/W -,•� - PROPOSED R/W 1\<\ N40°01'Q6"W 2ze f-4 l 6.82' PARG'WL 1 P , M NO, 30004 PM5 200/63-6 v 4 N W n Q N O 0 co O RADIAL TABLE IR3 - 517°07'53"W CURVE TABLE LEGEND C1 - L1=03°02'41" R= 544.00' L=28.91' (R) Indicates Radial Bearing LINE TABLE POB Point of Beginning ° „ L1 - N08 03 27 E 89.01 ' Title to State i r i r i Access Prohibited NOTES 22257-4 Coordinates and bearings are on CCS 19133(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. "'" ' -` ...... FEET 0 25 50 100 150 PREPARED BY: PSOMAS SantotAna, California 92707 200 (714)181-8053/(7141545-8883 (F0K) DATE: 10-26-2011 REv.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 6.3 2 3 293 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22257-4 TCE SAVE MOST DESERT RANCHO, LTD. 3,562 SF 117-102-029 ,~ S75°55'54„E 2 4 4 365.85, �� S36 30004 L 3 L2L2 N — \ 460 \ S�• ° „� \ 31 35 E 1 24.95' I 1' r•-• 1in N I/ I 1 2�?J NI : ro a °0 a. 1 in r- w rn � o 0 °a° z i 50' w ct '---, Q CT)C rn oW •- a r� (.0o VI II_ II N M ! S81 °06'06"E 1-- Hi---1--+ 4-+ LINE TABLE +. f-- 1---I--I1---I--I-I-- -{- N81 °06'06"W 25.71 47.23' 56.43' R=20.00' L=1 -Hi-- I — 442.79'� PPARCELr�1 . No. 200/63-64 --1--4 P .lei Pma 1 .10' 23 E L2 -- S46 25 L3 - S74°55'54"E L4 - N36°31'35"W RADIAL TABLE R1 - S48°23'21"E - S22°04'42"E R4 - S81 ° 56'49"E CURVE TABLE Cl - A=31 °47'1 8" 22257_4 I w1 'ro I o °00 I . li z l 1 � ��, `sl) v to N81 °56'03"W 479.26' �� WEST 3RD STREET LEGEND (R) Indicates POB Point of Radial Bearing Beginning State Prohibited ( Title to 1 1 1 1 l Access NOTES 22257_4 TEMPORARY CONSTRUCTION EASEMENT Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS Hutton SantaAnoC Coliforrniae9200 2707 (714)481-8053/(714)545-8883 (FO0 DATE: 10-26-2011 REV.: EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 6.3 3 3 294 Global Corporate Center, Inc., a California Corporation APN 117-102-029 Riverside [aunty ironsporloiion Commission RON No. 13-038 FEE 9,676 SF (Total Parcel Area 151,017 SF) Permanent Wall Footing Easement 1,735 SF Ill 4 Temporary Construction Easement 3,562 SF RESOLUTION NO. 13-039 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-420-033, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-420-033 (Caltrans Parcel No. 22585), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 295 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 296 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 297 298 EXHIBIT A 299 300 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the portion of the property to be acquired. 17336.0210018221517. l 301 302 i 3 i r PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22585-1 Fee Acctuisition APN 102-420-033 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 as shown on the parcel map filed in Book 158, Pages 99 through 101 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Beginning at the most westerly corner of said Parcel 1; thence along the westerly and northerly lines of said Parcel 1 the following three (3) courses: 1) North 09°27'11" East 117.25 feet to the beginning of a curve concave southeasterly having a radius of 23.00 feet; 2) northeasterly along said curve 35.19 feet through a central angle of 87°39'42"; and 3) South 82°53'07" East 3.09 feet to a point on said northerly line; thence South 52°46'48" West 32.02 feet; thence South 07°50'47" West 117.11 feet to a point on the southerly line of said Parcel 1; thence North 80°32'49" West 6.46 feet along said southerly line to the Point of Beginning. Containing 777 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG0105011SLIRVEYILEGALS122585 APN 102-420-0331Legals122585-1-Local.doc 11/612012 Page I of 2 303 PSOMAS Prepared under the direction of Brian E. Bullock, PLS 5260 .. - Date P:12PTG0I 05011SUR V EYILEGALS122585_APN_ 102-420-0331Legals122585-1-Local.doc I I/62012 Page 2 of 2 304 EXHIBIT A2 PARCEL# TITLE AREA APN 22585-1 FEE 777 SOFT. 102-420-033 431 o -, I WARDL OW Q 27.5' A=87° 39'42" _ ROAD o j R=23.001 -`------------_�-_ _ L=35.19' WARDLOW ROAD o� - - - - -.------f.------1-f-- 1- I S82° 53'07"E 55' 'di 44' 1 SEE SHEET 2 ' 27.5' E P.M.. 232 l 73-75 PGL � 1 /w 0 f -;n 1-, 1 r,_N �1 �+� Qo � � _ i1z FOR DETAIL DOC.# 2005 - 10030088 & 2005- 0030089 O.R. � M , 158 , M � �-- � ' 101 � �q� 22585-1) PCL 2 102-420-058 Pc' ., 1 o N45°47'50"W co o 102-420-034 68.03' POB o N80° 32149'W 20.00' tn S25° 1 5'48"W(R) S27°18'52"W(R) A=02°03'04" R=3000.001 L=1 07.39' ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY LEGEND C/L STATIONING (R) Indicates Radial Bearing '-1 2 POB Point of Beginning 3 4 195 ( ) Title to State 11 1 1 1 Access Prohibited NOTES 22585-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION distances. All distances 1 jimm! ground are in feet unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: PSOMAS 03 Hutton [en•re Drive, Ste. 200 14j7517373/17141545 6893 (Fox) DATE: 07-18-12 REV.: 11-06-12 EA QF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS p 8 V1 RIY 91 3,7 1 2 5 EXHIBIT A2 PARCEL# TITLE AREA APN 22585-1 FEE 777 SOFT. 102-420-033 1 I ,-, ________I r- WARDLOW ROAD NJ IA=87°39142" `r: """ R=23.00' ti q . L=35.19' S82°53107"E 147.86' (v + 1- ! Z ' WI v I . 4D. 552°46'48"W 32.02 PCI , in - 22585-1) o 1---. N r 102-420-034 -q 1 r I w I `- 1 in-. 55' 1 ° 01 1 44 z DOC.# 2005- r 0030088 & 2005- 0030089 O.R. 1�� / v � Ali. Ls") PCL.i 1 ° PROPOSED R/W 99- I O 1 - M re)N (IS CV N EXISTING R/W � N80°32149"W z 20.00' 1 io POB N45°47'50'W 68.03' p=02° 03104" O ° 2 6.46' R=3000.00' L=107.39' 4 S27°18'52"W(R) RQur 97 RI vERSfDE LEGEND F,QEE S25°15'48"W(R) (R) Indicates Radial Bearing POB Point of Beginning 8/4 Y ( ) Title to State I 11 I l Access Prohibited NOTES 22585-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I immommommemmi FEET 0 20 40 80 120 PREPARED BY: PSOMAS Santa Ana. Caliton farrniae02707 200 (714)751-�373/(714)545-8883 (Fax) DATE: 07-18-12 REV.: 11-06-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3. 7 2 2 306 Michael Dionisiou and Sandy Dionisiou APN 102-420-033 Mil NENE Riwerside CountyTromsportufion Commission 91 PRCUECT FAST FOR WA Rb RON No. 13-039 5R 1 Westnurd Lames FEE 777 SF (Total Parcel Area 31,363 SF) ropostd-SR-9-Virestbov nd=Tollpnes RESOLUTION NO. 13-040 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, TEMPORARY ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-260-016, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement, temporary access easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-260-016 (Caltrans Parcel No. 22644), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee, permanent wall footing easement, temporary access easement and temporary construction easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 307 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 308 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 309 310 EXHIBIT A 312 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Access Easement" refers to a temporary easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. 17336.02100\8088255.1 313 Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8088255.1 314 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22644-1 Fee Acquisition APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 54.21 feet along the westerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 5,523.00 feet, to which point a radial line bears North 12°41'53" East; thence easterly along said curve 23.76 feet through a central angle of 00°14'47"; thence South 77°03'20" East 253.91 feet; thence South 81 °54'58" East 414.25 feet to a point on the easterly line of said land; thence South 08°02'01" West 16.01 feet along said easterly line to the southeasterly corner thereof; thence North 83°49'47" West 442.01 feet along the general southerly line of said land; thence North 81 °54'27" West 249.17 feet continuing along last said line to the Point of Beginning. Containing 21,250 square feet. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. See Exhibit `A2' attached hereto and made a part hereof. PA\2PTG010501 \SURVEY\LEGALS\22644_APN_ 118-260-016\Legals\22644-1_Fee.doc 11/12/2012 Page 1 of 2 315 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22644_APN_118-260-016\Legals\22644-1_Fee.doc 11/12/2012 Page 2 of 2 316 EXHIBIT A2 PARCEL# TITLE AREA APN 22644-1 FEE 21,250 SOFT, 1 1 8-260-01 6 81 ° POMONA STe S81 °57'59"E(R) 118-250-016 ° '� S81 46 E 327.5 118-260-004--1 C2 0 118-260-005 118-260-002 � R=25.00; N08°03'54"E L=39.27 C1 N 99, 52' 1 .2 �. p=90°00'20" 118-260-006 118-260-003 co 71 81 ' — `° , R-43.00; S69°05'1 2"E o 118-260-007 — N05°44'04"W 48.41 ' R=65.00 �— L=10.36 ° �n; p=1 3°47'58" °o N I_O-r 9' �� OC,C nb; "' 260 °°a ° 11$' S81 55 46 E 1 20.1 E' LU L=117.42' M,2, »6-2 p=103°30'12" `�' (SAN El RNARD1NO �\�i "W Q i = ; COUNTY) S08°02'01 118-260-009 1 / i7 LINE TABLE 95.18' L1 °55'46"E % `��Q� o� <o ,�, ,�, L1 - S81 1 50.00' �' L2 - S08°02'01 "W 60.00' L3 - N81°55'46"W 150.00' L3 L2 ; - S81 °55'46"E 1 50.00' ,�^ o L4 �, "W o 0 118-260-010 Q �0 � L 5 - S08° 02'01 1 5.60' � N O Ln .q L6 - N81 ° 55'46"W 1 50.00' (\' i O -'` 118-260-017 O N : i i co_' DOC. NO. 2001 -201 234 O.R. o �; L4 ) .7 L 5 00 .) LOT 2; JL001< 66 M,2, 916-9 L6_I o (SAN 2ERNARD 1 NO ,�''w '.. 11s-26o-012 ' •- -� ° o R-5523.00" COUNTY) L=23. 76' �LIJI 1T �) 0,32 0 , 1 z °0 p=00° 1 4'47" SO8) v O0 - 118-260-013 �- 60' '53"E ' S77°03'20"E °55'46"E ' N1 2°41 1 1 253.91 ' 22644- S81 ' Q (R) -- --,-------- �� -------- 15.00'; 118-260-014 w � -' . _ •. S81 ° 54'58HE 41 4.25 ern r i i i i i 1 i 1 � CC) 54.21 �l 209.1 7 4 4 2 e 01 1 18-260-015 POB N83°49'47"W 1 6.01 N81 54 27 ' o 02 01 W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' i i i i i 3 q 295 6 7 8 9 300 1 2 3 LEGEND EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING CURVE TABLE R=43.00' 9.64' p= 1 2°50'34" ( ) Title to State C1 - L= Lw_ Access Prohibited C2 - R=60.00' L=1 07.74' p=1 02° 52'47" NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing aregrid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- 1 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. ' ' FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481n 8053/(7114)545-8883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FAA: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 317 91 5.6 1 1 318 PSOMAS EXHIBIT `BF LEGAL DESCRIPTION Caltrans Parcel No. 22644-2 Permanent Wall Footing Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 54.21 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 08°03'54" East 6.02 feet continuing along said westerly line to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 5,529.00 feet, to which point a radial line bears North 12°41'34" East; thence easterly along said curve 25.08 feet through a central angle of 00°15'36"; thence South 77°02'50" East 228.85 feet; thence South 81°54'58" East 437.91 feet to a point on the easterly line of said land; thence South 08°02'01" West 8.00 feet along said easterly line to a point thereon, said point being North 08°02'01" East 16.01 feet from the southeasterly corner of said land; thence North 81°54'58" West 414.25 feet; thence North 77°03'20" West 253.91 feet to the beginning of a curve concave southerly having a radius of 5,523.00 feet; thence westerly along said curve 23.76 feet through a central angle of 00°14'47" to the True Point of Beginning. Containing 4,999 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing PA2PTG010501 \SURVEY\LEGALS\22644_APN_ 118-260-016\Legals\22644-2_PE. doc 11/12/2012 Page l of 2 319 PS OMAS grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of i.:Eef, ll- i2-iZ Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22644_APN_118-260-016\Legals\22644-2_PE. doe 11/12/2012 Page 2 of 2 320 EXHIBIT B2 PARCEL# TITLE AREA APN 22644-2 ESMT 4,999 SQ.FT. 118-260-016 POMONA ST. S81°57'59"E(R) 118-250-016 � 327.54� 11s-26o-004 ♦--I �S81°55'46"E C2 o J 118-260-005 118-260-002 R=25.00' � ° N08 03 54 E - C1�/ � L- N 99.52' 09.27 � , A=90 00 20 118-260-006 118-260-003 00 71 '- `9 �- .81 R=4 3.00' S69° 05'1 2"E up o 118-260-007 N05°44'04"W 48.41 R-65.00' L=10.36 ° in; 0=1 3 47 58 r1 t o �'' LJT ); JLDC,C ��; °°a ��a-26° S81 °55'46"E 120.18' W L=117.42' 1V4.,J, /6-9 0=1 03° 30'1 2" '(SAN .9 RNARDI NO Q 1 COUNT`) S08°02'01"W\ 118-260-009 �1 / /' LINE TABLE 95.18' L1 ,yam ocb ,�� ,/ L1 - S81 55 46 E 1 50.00 � �' L2 - S08°02'01 "W 60.00' L3 - N81°55'46"W 150.00' L3 L2 P<o ; - S81 ° 55'46"E 1 50.00' Mani ,� o L4 "W o o 118-260-010 Q �o � L 5 - S08° 02'01 1 5.60' .ul N o Ln L6 - N81 °55'46"W 1 50.00' o — 118-260-011 `' O N w Co .- DOC. NO. 2001 -201 234 O.R. o , L4 1 � .-L5 °p Lc) L o-r 9; BLOCX 66 1\N1,�� 919-2 L6 `- O i i (SAN EI RNARD 1 NO „w 1 18-260-012 1- -i o oo COUNTY) °02 O - z Soa o vo0 ; SEE SHEET 2 (22644 � �� 118-260-013 r 60' TPOB FOR DETAIL S81°55'46"/` ; Q -- -- -,-------- Z 15.007' 118-260-014 \ — — C CO J 249.1 7' —��— 442.01 ' 118-260-015 POB/ N81°54'27"W N83°49'47"W S08°02'01"W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' 3 4 295 6 7 8 9 300 1 2 3 LEGEND EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING CURVE TABLE 9.64' 0= 1 2° 50'34" ( ) Title to State C1 - R=43.00' L= Access Prohibited C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)481-8053/(714)545-8883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V n 91 5.6 1 2 EXHIBIT B2 PARCEL# TITLE AREA APN 22644-2 ESMT 4,999 SOFT. 118-260-016 ; I LOT �; SL L1CIC 66; 1V1 � B ,, )l 6 `- r� � 1 18-260-010 W N (Sr1i`l �r RNi1i�'J 1 >\IJ CJJi\1T`t) � O ZO O Q 1 • -C.) � � 118-260-011 O i I 0 � �(p I I LOT r� �l I l l f m.,a, /6-� °o w ; I _ Q M o' �JU�I-r`l) � i 118-260-012 �- ' -I v. 10 i o O r 1 o o � !SEE DETAIL "A" HEREON SOa 00 -' '\ 50 1 18-260-013 60 o�- z i i o S77 02 50 E 22644-2� ' S81055'46"E ' Q '�-- _ ---- 228.85' , �------- — ----- 15°00''� 118-260-014 Z --'----, L L�1 S81 ° 54'58"E 437.91 ' 118-260-015 TPOB - -17rnrrr-rrnrrl-TMr I I i171i1III L8 L7 C3 - ; SEE DETAIL � „ 442.0 POB \� 249.1 7 ° N81 °54'27"W N83 49 47 W S08°02E01'OW PROPOSED 108°00' ROUTE 91 RIVERSIDE FREEWAY R/w I I I I I I 4 295 6 7 8 9 300 1 2 3 EXISTING R/W 91 RIVERSIDE FREEWAY ROUTE v N12° 41'34"E(R) C/L STATIONING v R=5529.00' CURVE DATAin , - 0 00 5°O8 — RADIUS DELTA LENGTH 6.02' — 36" — — — C3 5523.00' 00° 1 4'47" 23.76' _ 52 O Y, C3 r 22644-2 0 � Mo' IIAII N DETAIL S81°54'58"E o i - NOT TO SCALE LINE DATA 437°91' cn '7)- O z l'n ( 249.1 7' BEARING DISTANCE — — — — — N I N81 ° 54'27"W — L7 N81 ° 54'58"W 41 4.25' L7 8.00' ' z POB L8 N77°03'20"W 253.91 LEGEND DETAIL "B - o POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing NOT TO SCALE c "' co N83°49 47 W °o ` o ( )Title to State —442.01' i i i i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 PERMANENT WALL FOOTING 4- 2 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481n 8053/(714)5,15-8883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 322 91 5.6 2 2 PSOMAS EXHIBIT `DV LEGAL DESCRIPTION Caltrans Parcel No. 22644-4 Temporary Access Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 105.86 feet along the general westerly line of said land to a point thereon; thence South 81°31'13" East 73.02 feet to the True Point of Beginning; thence North 08°05'16" East 371.55 feet; thence North 52°27'58" East 87.82 feet to the beginning of a curve concave westerly having a radius of 15.00 feet; thence northerly along said curve 30.93 feet through a central angle of 118°09'03"; thence North 65°41'04" West 71.64 feet to a point on the general westerly line of said land, said point being the beginning of a non -tangent curve concave westerly having a radius of 65.00 feet, to which point a radial line bears South 58°31'49" East; thence northerly along said general westerly line and along said curve 28.35 feet through a central angle of 24°59'11" to a point thereon; thence South 65°41'04" East 74.26 feet to the beginning of a curve concave westerly having a radius of 43.00 feet; thence southerly along said curve 88.67 feet through a central angle of 118°09'03"; thence South 52°27'58" West 76.40 feet; thence South 08°05'16" West 365.37 feet; thence South 81°54'24" East 276.75 feet; thence South 84°38'12" East 228.52 feet; thence South 05°21'48" West 28.00 feet; thence North 84°38'12" West 229.18 feet; thence North 81°54'24" West 305.41 feet; and thence North 08°05'16" East 33.24 feet to the True Point of Beginning. Containing 31,328 square feet. PA2PTG010501 \SURVEY\LEGALS\22644_APN_118-260-016\Legals\22644-4_TAE.doc 11/12/2012 Page 1 of 2 323 PSOMAS See Exhibit `D2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of uteri Brian E. Bullock, PLS 5260 Date it /2 /Z PA2PTG010501 \SURVEY\LEGALS\22644_APN_118-260-016\Legals\22644-4_TAE.doc 11/12/2012 Page 2 of 2 324 EXHIBIT D2 PARCEL# TITLE AREA APN 22644-4 TAE 31,328 SOFT. 118-260-016 POMONA STe S81 ° 57'59"E(R) 1 18-250-016 ° 55'46"E 327.54'� 118-260-004 -S81 C2 / 0 118-260-005 118-260-002 °, R=25.00' N08°03'54"E L=39.27 C1� N 99. 52' 1 A=90° 00'20" Q- 1 18-260-006 118-260-003 co 71.81' -Lo R-43.00' S69°05'1 2"E o 118-260-007 N05°44'04"W 48.41' -� R=65.00' ��°.j L=10.36 o in; A=1 3°47'58" °o cv I DT >> 2IDCX 66; (0 � 26o-o°a 11a" S81 o „ 55 46 E 1 20.1 8' W L=117.42 NI, , � 9/6r A=103°30'12" '. (SAN SEER IARDIND ,`\' "W Q -- ; COUNTY) S08°02'01 118-260-009 (Z-1 /' /, LINE TABLE 95.18' L1 - ; o ,� ,// Li - S81 55 46 E 1 50.00 r L2 - S08°02'01 "W 60.00' r ; L3 - N81°55'46"W 150.00' L3 �L2 °�co L4 - S81 ° 55'46"E 1 50.00' -,-.1 ,\ o "W o 0 118-260-010 Q . 1— 6-) � L 5 - S08° 02'01 1 5.60' N' oN in L6 - N81 ° 55'46"W 1 50.00' o 11s-26o-011 � i CI) N in i i o Ln--- i 1 co — DOC. NO. 2001 -201 234 O.R. o L4 rL5 00 Lc) LOT a; BLOCX 66; N1,8., 9/6-a L6 , - o (SAN BE RNARD I NO ,,w 1 18-26o-012 •• -, °cO CO i i COUNTY) 002 �p� o o SEE SHEET 2 -. Spa op FOR DETAIL (22644-4) \- =' 118-260-013 60' Q ------------------ --------- ------ 118-260-014 z - _______________________ 1 _ S81°55'46"E 15.00' 0 00 tl- 24 9..1 7 442.01 118-260-015 POB N81°54'27"W N83°49'47"W S08°02'01"W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' 3 4 295 6 7 8 9 300 1 2 3 LEGEND EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING CURVE TABLE ( ) Title to State C1 - R=43.00' L= 9.64' A= 1 2°50'34" i i i i Access Prohibited C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 TEMPORARY ACCESS 4- 4 EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481n 8053/(7114)545-9883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 325 91 5.6 1 2 EXHIBIT D2 PARCEL# TITLE AREA APN 22644-4 TAE 31,328 SOFT. 118-260-016 118-250-016 R2 L10 118-260-008 R=65.00' , L=117.42' ',� 0=103°30'12" C4 -1_, 9� '� R=43.00' Q-\ C3-�' L=88.67 118-260-009 \�1 ' 0=118°09'03" o . � /,' ,' W � °0�° j j 1 1 LOT J; BLOM 66� M ,B , 9/6-i3 'CD16)I N- (SAN B RNARD I NO COUNTY) 118-260-010 Q (')o'\ 01 E--- o . '.-i �' DOC . NO. 10 118-260-011 0 � N Ul w c.o if„ Imo' 2001 -201 234 O.R. Ln1W1� .1- �_ � 6 6 NI EI Ali,-- O Q co 77l- �; LOT 2; BLOCX , , � , 1, c SAN 21✓r�NARD I NO COUNTY) �_ _ 1 1, M M c9 i�li 1 O O 00' 1 18-260-012 1 •— � O co !;CO � . O IO :0 CV . ic�00 22644-4 00 01) O 0 0 0 1r1 — ,� 1 z, „ 0 ° 1 2 E o\ 118-260-013 1 60' S81 54'24"E S84° 38 1 276_75' 1 __ _j---____ -- _��--228.32 _�L12 `L7 L1 118-260-014 L14 ______ __ __ __� ) ----- 1 lik- - S81 ° 55'46"E 1 5.00' - - 33.24' - 249.1 7 442.01 ' 118-260-015 POB N81 °54'27"W N83°49'47"W S08°02'01 "W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' I I 1 1 1 1 1 I 3 4 295 6 7 8 9 300 1 2 3 EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING CURVE TABLE LINE TABLE RADIAL TABLE C3 - R=1 5.00' L=30.93' A=1 1 8° 09'03" L7 - S81 ° 31 '1 3"E 73.02' R1 - S58° 31 '49"E C4 - R=65.00' L=28.35' A= 24° 59'1 1 " L8 - N52° 27'58"E 87.82' R2 - S83° 31 '00"E L9 - N65°41'04"W 71.64' LEGEND L10 - S65°41104"E 74.26' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L11 - S52°27158"W 76.40' L12 - S05°21'48"W 28.00' L13 - N84°38112"W 229.18' ( )Title to State L14 - N81°54124"W 305.41' i i i i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 TEMPORARY ACCESS 4- 4 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Santo Ana, Califorrniae92707 200 (714)481-8053/(714)545-8883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 3L6 C� R I V J 1 5. 6 2 2 PSOMAS EXHIBIT `CV LEGAL DESCRIPTION Caltrans Parcel No. 22644-3 Temporary Construction Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 60.23 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 08°03'54" East 45.63 feet continuing along said westerly line to a point thereon; thence South 81°31'13" East 73.02 feet; thence South 08°05'16" West 33.24 feet; thence South 81°54'24" East 305.41 feet; thence South 84°38'12" East 281.47 feet; thence South 55°02'53" East 35.11 feet to a point on the easterly line of said land; thence South 08°02'01" West 30.83 feet along said easterly line to a point thereon, said point being North 08°02'01" East 24.01 feet from the southeasterly corner of said land; thence North 81°54'58" West 437.91 feet; thence North 77°02'50" West 228.85 feet to the beginning of a curve, concave southerly, having a radius of 5,529.00 feet; thence westerly along said curve 25.08 feet through a central angle of 00°15'36" to the True Point of Beginning. Containing 24,811 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing PA2PTG010501 \ SURVEY \LEGALS\22644_APN_ 118-260-016\Legals\22644-3_TCE. doc 11/12/2012 Page 1 of 2 327 PSOMAS grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date //-/Z -/2 P:\2PTG010501 \SURVEY\LEGALS\22644_APN_118-260-016\Legals\22644-3_TCE.doc 11/12/2012 Page 2 of 2 328 EXHIBIT C2 PARCEL# TITLE AREA APN 22644-3 TCE 24,811 SOFT. 118-260-016 POMONA STe S81°57'59"E(R) 118-250-016 327.54' 118-260-004 • r_i_ �S81°55'46"E C2 0 118-260-005 118-260-002 °I R=25.00' N08°03'54"E L= C1 N 99. 52' 1 .27 ° 00'20" Q . p=90 00 1 18-260-006 1 18-260-003 co 71 ' --(1) .81 R-43.00' S69°05'1 2"E o 118-260-007 — N05°44'04"W 48.41' - R=65.00 L=10.36 o in cv p=13°47'58" n I ��� o D7 9' �I DCrC U�; "' oa ��a-26° S81°55'46"E 1 20.1 8' W L=117 42' �'-� M.e., 9/6-:3 � _ p=1 03° 30'1 2" \�'. (SAN EIER\ARDl NO �\�1 "W Q COUNT`!) S08°02'01 118-260-009 -\ / /' LINE TABLE 95.18' L 1 �� ° o`b ,// ,/� L 1 - S81 55'46"E 1 50.00'- �' L2 _ S08°02'01 "W 60.00' L 3 N81 ° 55'46"W 1 50.00' L3L2 R<o ° ; - S81°55'46"E 150.00' CDI 1 L4 �, 118-260-010 Q I— �� � L5 - S080 02 01 W 15.60 �, No in L6 - N81 ° 55'46"W 1 50v00' 0 .- I' 118-260-011 j N w °o — DOCa NO. 2001 —201 234 O.R. L 4 �L5I °° `I-) rn Ir- P11r I ��M.S.L6 LOT 21 S_JCX 66 MS9/6-a I - , � C ��T � I (SAN S f�l`JARD I NO �� 1 18-260-012 I- —, oo Vv COUNTY ) o 02 0� I oa o0 SEE SHEET 2 22644-3 S \- 118-260-013 r 60' FOR TPOB DETAIL S81°55'46" / Q 7 L ---- -------- I 1-5.00'1 118-260-014 \ L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.- - _ _ - - - - — -- _ — , l — _ — - - Tr17 rl I III I I I I I I =Y� � 249.17' -� 442.01' 118-260-015 POB N81 ° 54'27"W N83° 49'47"W S08°02'01 "W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' 1 1 1 1 1 i 1 1 3 L 295 6 7 8 9 300 1 2 3 LEGEND EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING CURVE TABLE - R=43.00' L= 9.64' p= 1 2°50'34" C ) Title to State C1 Access Prohibited C2 - R=60.00' L=107.74' p=102°52'47" NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481n 8 53/(7114)545-8883 (Fax) DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 329 91 5.6 1 2 EXHIBIT C2 PARCEL# TITLE AREA APN 22644-3 TCE 24,811 SOFT. 118-260-016 LOT 9f. BLOCK 66f. 1V) ,, � � =iiv- � 1 18-260-010 � � o (Sr��l Jr Ri`Jr�i�Dl i`1J _COUNTY) Q o � � ' , 1 18-260-01 1 in OG 2� J r �' J� r '•' Q ri.01 co O iJ r��) JEf��)r'1r� rJ 1 i`1J ,29 I (/) ;Y, COUNTY) / ° S08 02 01 118-260-012 0 ° W 1 50.00' co 2264 4 - 3 O S08°05'16"W ° „ r 60' z S81 55 46 E 11a-26o-013 45°63' 33.24' 15.00' 1 58105.41 24E L9 TPOB ---- _^_ �_ L8 � 118-260-014 z R1 �-- 118-260-075 L11 Ca 60.23' C3 L10 \ 30.83' POB 249.1 7' 442°01' ° \PROPOSED 24.01 ' N81 N83°49'47"W 54'27"W R/W S08°02'01 "W ROUTE 91 RIVERSIDE FREEWAY 108.00' 1 1 I 3 4 1 I I 1 I 1 I I 295 6 7 8 9 300 1 2 3 EXISTING R/W \\ ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING RADIAL DATA BEARING R1 N12°41'34"E LINE DATA BEARING DISTANCE CURVE DATA L7 S81°31'13"E 73.02' RADIUS DELTA LENGTH L8 S84°38112"E 281.47' C3 5529.00' 00° 1 5'36" 25.08' L9 S55°02153"E 35.1 1 ' L10 N81 ° 54'58"W 437.91 ' LEGEND L11 N77°02'50"W 228.85' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 I Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- TEMPORARY CONSTRUCTION 3 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 10-24-11 REV. 3: 11-12-12 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 330 91 5.6 2 2 Maude -Corona LLC APN 118-260-016 — Riverside County Tronsporrolion Commission 91 FROJECT FAST FORWARD RON No. 13-040 FEE 21,250 SF (Total Parcel Area 514,444 SF) Permanent Wall Footing Easement 4,999 SF Temporary Construction Easement 24,811 SF RESOLUTION NO. 13-041 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-050-012, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-050-012 (Caltrans Parcel No. 22752), for the SR-91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 11, 2013 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 331 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal description(s) and plat map(s), respectively, of the interest(s) to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may 332 be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 11th day of September, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 333 334 EXHIBIT A 336 Legal crinitions of Property_to he Acquired The following is a list of definitions or legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee s c or fee simple absolute, grants to RCTC', absolute ownership of the property. 171.10 1)21110\808820N I 337 338 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22752-1 Fee Acquisition APN 102-050-012 In the County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded October 6, 2008 as Document No. 2008-0540432 of Official Records of said County, described as follows: Beginning at the most southerly corner of said Parcel 1; thence North 63°26'35" East 64.28 feet along the general southeasterly line of said Parcel 1 to a point thereon, said point being the beginning of a curve concave northwesterly having a radius of 455.99 feet; thence northeasterly continuing along said general southeasterly line and said curve 136.38 feet through a central angle of 17°08'13" to the most easterly corner thereof; thence North 55°51'29" West 22.71 feet along the general northeasterly line of said Parcel 1 to a point thereon, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 448.00 feet, to which point a radial line bears South 42°00'46" East; thence southwesterly along said curve 64.87 feet through a central angle of 08°17'46"; thence South 56°22'45" West 126.62 feet to a point on the southwesterly line of said Parcel 1; thence South 34°41'25" East 11.89 feet along said southwesterly line to the Point of Beginning. Containing 3,974 square feet. See Exhibit `A2' attached hereto and made a part hereof. PA 2PTG010501\SURVEY\LEGALS\22752_APN_102-050-012\Legals\22752-1_Fee.doc 12/11/2012 Pagel of 2 339 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 /2-//•l2 Date PA2PTG010501 \SURVEY\LEGALS\22752_APN_ 102-050-012\Legals\22752-1 _Fee.doe 12/11/2012 Page 2 of 2 340 EXHIBIT A2 PARCEL# TITLE AREA A P N 22752-1 FEE 3974 SQ.FT. 102-050-012 65.1 6' P 1S 0'<)\ �, A <\ ' = s s`e' —‘ SS \/ Y 1ii (Y �)'J��J C-) lLil ii� 0=08° 1 R=448.00' L=64.87' S33°43'00"E(R) I I 1 I I \ \ \ S 9c- o � 00, SS O i S 96F S- 7'46" /i1. v 221 i . �_ 102-050-006 S83°28'31"W scs o co o�' oo� (1/\ J` � ems, <` 0 � , 0_ OPO50 R/W pR v. 'I' . �- '�� N'S N 'W 22752-1J22 t, - - 3'' L� 0R S ` 2 � 26' R/�-CLUB F A S 6Q`2835 N63° POBS-INC LEGEND E POB Indicates Point (R) Indicates Radial Of Beginning Bearing ( ) Title to State LLLL Access Prohibited NOTES FEET �1 2 2 /J S 2 - 1 FEE ACQUISITION Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)481Ana, 8053/(714)545-8883 (Fox) DATE: 12-11-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 341 91 3.4 1 1 Tony Abboud and Joumana Abboud Dib, Jignesh Patel and Leena Patel APN 102-050-012 Riverside County Transportation Commission RON No. 13-041 FEE 3,974 SF (Total Parcel Area 44,431 SF) RICHARD S. PRICE, II ATTORNEY AT LAW 1235 NORTH HARBOR BOULEVARD, SUITE 200 FULLERTON. CALIFORNIA 92832-1349 TELEPHONE (714) 871-1132 FAX (7141 871-5820 EMAIL- r6prICe110Q01,001Ti July 31, 2013 Ms. Jennifer Harman Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 P� NplEe k r ttilltt�`'1UCOUNT' TRANSP7n?-kTIoN COMMISSION Re: My Client: 2410 Wardlow Property, LLC; Property Address: 2410 Wardlow Road, Corona, CA; Date of Hearing: September 11, 2013, 9:30 a.m.; WRITTEN REQUEST TO APPEAR AND BE HEARD TO: COMMISSION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION Dear Ms. Harman: I am the attorney for 2410 Wardlow Property, LLC, a California Limited Liability Company ("Owner") concerning the property at 2410 Wardlow Road, Corona, CA. This is a formal request here and to be heard made pursuant to Code of Civil Procedure, Section 1245.235 at the hearing scheduled concerning the adoption of a Resolution of Necessity and authorizing the commencement of Eminent Domain proceedings for the acquisition of certain portions of the Owner's property. A representative of the Owner will be present and wishes to be heard at the hearing. Sincerely, P/y �"'//^� U i` RICHARD S. PRICE, II RSP/lmh cc: Client 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is: 1235 N. Harbor Blvd., Suite 200, Fullerton, CA 92832. On July 31, 2013 served the foregoing document described as: WRITTEN REQUEST TO APPEAR AND BE HEARD on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Ms. Jennifer Harman Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3' Floor P.O. Box 12008 Riverside, CA 92502-2208 Mark A. Easter Best Best & Krieger LLP 3390 University Avenue 5th Floor Riverside, CA 92501 I deposited such envelope with postage thereon fully prepaid in the United States mail at Fullerton, California. X I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Fullerton, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on July 31, 2013 at Fullerton, California. I declare under penalty of perjury under Cie laws of the State of California that the above is true and correct. PROOF OF SERVICE oTiSv li�Grdedw ,a �? ?/may Order No.: 12110431-903-CMC Guarantee No.: 12110431-1-E LITIGATION GUARANTEE SCHEDULE A goN Order No.: 12110431-903-CMC Guarantee No.: 12110431-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: RIVERSIDE COUNTY TRANSPORTATION COMMISSION 2. Date of Guarantee: March 22, 2012 at 8:00 AM 3. This Litigation Guarantee is furnished sorely for the purpose of facilitating the filing of an action to CONDEMNATION 4. The estate or interest in the land which is covered by this guarantee is: A FEE as to Parcel(s) A; AN EASEMENT more fully described below as to Parcel(s) B S. Title to the estate or interest in the land is vested in: 2410 Wardlow Property, LLC, a California Limited Liability Company 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26, 2013. Wednesday, September 11, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BBST & KRIEGER LLP By: Mark A. Easter ✓ Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to ROTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing. maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Permanent Utility Easement" grants to ROTC, including its successors and assigns, a permanent and perpetual easement, to relocate, construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect and/or remove, at any time and from time to time, underground utilities, including but not limited to sewers, water, electrical systems and communication systems, consisting wires, underground conduits, cables, vaults, manholes. handholds, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means and/or other purposes, in, under, on, over, along and across the land, as determined necessary by ROTC, its successors and assigns, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of ROTC, its successors and assigns. ROTC will not unreasonably withhold from Grantor, its successors and assigns, the right to utilize the easement area for parking, driveway access, landscaping (exclusive of vertical penetration), open space and density or floor area calculation. ROTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation. No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of ROTC, its successors and assigns. "Temporary Building Demolition Easement" refers to a temporary easement and right of way in favor of ROTC, its successors and assigns, together with the right to demolish existing 17336.0210018169969.1 improvements in the access area and to, construct. reconstruct, repair, extend, maintain and traverse an access way to access ROTC owned facilities or construction site, as determined necessary by ROTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein, Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "'Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing utilities and mechanical systems, or for inspection purposes, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. 17336. 02100\8169969.1 No other easements shall be granted on, under or over the easement without the prior written consent of ROTC, its successors and assigns. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. `Temporary Access Easement" refers to a temporary easement for right of way in favor of ROTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Ca!trans, as determined necessary by ROTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed. any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, and interference with or harm to the rights conveyed hereunder. 17336.021 U618169969 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT 'Al' LEGAL DESCRIPTION Ca'trans Parcel No. 22124-1 Fee Acquisition APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 3; thence along the southerly line of said Parcel, the following two (2) courses: 1. North 75°39'39" West 254.58 feet to the beginning of a curve, concave to the north and having a radius of 3,000.00 feet; thence 7. Westerly 399.77 feet along said curve, through a central angle of 07°38'06"; thence leaving said southerly line, South 76° 10'40" East 16.9I feet to the beginning of a curve, concave to the south and having a radius of 235.00 feet; thence easterly 34.83 feet along said curve, through a central angle of 08°29'31"; thence South 67°41'09" East 45.26 feet to the beginning of a curve, concave to the north and having a radius of 250.00 feet; thence easterly 37.05 feet along said curve, through a central angle of 08°29'31"; thence South 76'10'40" East 150.62 feet to the beginning of a curve, concave to the north and having a radius of 2,966.00 feet; thence easterly 252.05 feet along said curve, through a central angle of 04°52'08"; thence South 81 °02'48" East 117.25 feet to a point in the easterly line of said Parcel, distant thereon North 07'07'23" East 6.51 feet from the angle point in said easterly line; thence along said easterly line, South 07'07'23" West 6.51 feet to said angle point; thence continuing along said easterly line, South 14°23'41" West 34.68 feet to the Point of Beginning. Contains 1 E569 square feet 14I;12PTG010501l.SURVEY1LEGALS122124 APN_102-420-035Tega1122124-I.docx Page l (4 2 2/25/ 13 PS OMAS 2 3 4 5 6 See Exhibit `A2' attached hereto and made apart hereof, 7 8 9 10 11 12 Prepared under the direction of 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Robert C. Olson, PLS 5490 This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's nights or access, appurtenant to Grantor's remaining property, in and to said freeway. Z. t.S• Date 1V1:12PTG0105011SURVEMEGALS12,2124_APN_102-420-0351Lega1122124-1,docPage 2 of 2 2/25/13 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22124-1 FEE 2410 WARDLOW PROPERTY LLC 113569 SF 102-420-035 I iNF TAR] F L-LI L1 - N1 4°23'41 "E 34.68' ~' L2 -- N65° 12'1 7"W 25.96' Z 4 c1 WARDLOW ROAD R1S700'59" 636.03'�7 L=r Li.] Q _I 37 �4 2'08"W N82°53'07"W 1.04. a=r5°or'zs" -- 4 9. 99; N82° 53'35"W .T s 271.25' -� \r 134.06 � o �� ti QyrS N82°53'07"W - °0-`5g WARDLOW CIRCLE �=4 72. 1 N v N o srn � ° 0 ct La � 01LC, mod- v L-o fJDC, .- � 021 z 4 9' L=123.83' a=r5°pr'z8" N67°52 08" R=S27 49, I NO 200- 37. W -=t 38.32' _ 04 ___ 62159; 0, R . N82953`35"W - - 4 2.6 7' FOL. 3 I L-z9. r 7' PA.,B, 158/99- 1 01 ; I I 2 f� 1 `�" to co M N ` ,n N Q I 1 r -__` I ��� C2212`4-1 I 0 ‘I_` - - -] �� �3p o,00.•um m mama ....mamm.- r- — . 1 L=433.95' � SEE SHEET 2 — i N75°3g'3g� -.1\ FOR DETAIL ��`� W 25Q•58,— ~EXISTING R/W �• ROUTE 91 RIVERSIDE FREEWAY R TE 91 RIVERSIDE FREEWAY SEE SHEET 3 FOR DETAIL C/L STATIONING s 7 8 9 200 LEGEND 1 2 (R) Indicates Radial Bearing POB Point of Beginning [ } Title to State 13 1 13 Access Prohibited NOTES 22124-1 Coordinates and bearings are on CCS 196312007.001 Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACOW SIT10N ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hui ion Centre Drive, Ste. 200 (n1n4}4 1'-a11053 (7114�5454d& 3 (Fax) DATE: 9-26-2011 REV. 1: 02-25-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS p 8 R I V 91 p 3. 8 1 3 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 221 24--1 FEE 2410 WARDLOW PROPERTY, LLC 11,569 SF 102--420-035 102-420-034 J iNF TART F CURVF TARI F L3 - 576° 10'40"E 16.91 ' C1 - A=0° 39'1 0" R=3000.00' L=34.1 8' L4 - S67°41'09HE 45.26' C2 - A=8°29'31" R= 235.00' L=34.83' C3 - A=8°29131" R= 250.00' L=37.05' iV7° 06'46"E EXISTING R/W DOG, NO. 2005- U2 1 6459 y O.R. P.M. 24150 PCI 3 PALE), 158/99- 1 U 1 22124-1) PROPOSED R/NL d ° _ 3QQQ. `08 17 "j 6,. L �39g, RQ(J TE 97 R`3Q00. 00 , � 7 RIVERSIDE F L�g33,g5, REEWA Y LEGEND (R) Indicates Radial Bearing POB Point of Beginning { } Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CC5 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtoin ground distances. All distances are in feet unless otherwise noted. 22124-1 FEE ACQUISITION FEET 0 25 50 100 REV. 2: 02-25-2013 EA: QF540 PREPARED BY: PS U M A S 1 Hutton Centre Drive, Ste. 200 Sonia Arm, Coil Fornia 92707 (714)481-6053/(7i4)545-8883 (Fax) DATE: 9-26-2011 150 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. 8 RIV 91 3.8 2 TOTAL SHEETS 3 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22124-1 FEE 2410 WARDLOW PROPERTY, LLC 11,569 SF 102-420-035 i iNF TAR! F L1 - S14°23'41 "W 34.68' L5 - S07°07`231'W 6.51' DO C, NO, 005— 0216459 y 0 A R, P,M., s}}50 f m N fn 0 L_ r- //II ��77 P C L 3ry �7 P.+I` 4S4 15G/99- J O J Imo, N b 0 O _ ___ _ 22124--1 " - IWO I : z �` _ — L ' r--`_- R=2966.00 S! R-3 pp. L=252.05' N8117225$��W 38'p6,� L�399.7u0 LS '~ Q o N75°39' w —J R_ 08 17'16�� 39 L=4 3 950' EXIST NG RR 254.58' ROUTE 9' IVER P0s SIDE FREEwA Y LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i i i i i Access Prohibited NOTES 22 1 24- 1 Coordinates and bearings ore on CCS 1983(2007.00) zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE AC4UlsfrioN ground distances. All distances are in feet unless otherwise noted. I immUNIMM FEET 0 25 50 100 150 PREPARED BY: PSOMAS 7 Hutton Centre Drive Ste. 200 Sant} Ana,Coll fnr )5m -88e Vox) (/1A 751-":13/ITI4 545-8883 Fax DATE: 9-26-2011 REV, 2: 02-25-2013 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PSI SHEET NO. TOTAL SWEETS 8 R I V 91 3. 8 3 3 r PS OMAS EXHIBIT `131' LEGAL DESCRIPTION Ca!trans Parcel No. 22124-2 Permanent Wall Footing Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point in the easterly line of said Parcel, distant thereon North 07'07'23" East 6.51 feet from the angle point in said easterly line; thence along said easterly line, North 07°07'23" East 7.00 feet; thence leaving said easterly line, North 81°02'48" West 117.02 feet to the beginning of a curve, concave to the north and having a radius of 2,959.00 feet; thence westerly 251,45 feet along said curve, through a central angle of 04°52'08"; thence North 76°10'40" West 168.78 feet; thence North 67°38'49" West 80.89 feet; thence North 76°10'40" West 68.64 feet to a point in the westerly line of said Parcel, distant thereon North 22°36'02" East 1.98 feet from the southwesterly earner of said Parcel; thence along said westerly line, South 22°36'02" West 1.98 feet to the southwesterly corner of said Parcel, said corner being the beginning of a non -tangent curve, concave to the north, having a radius of 3,000.00 feet and to which beginning a radial line bears South 22°37'37" West; thence along the southerly line of said Parcel, easterly 34.18 feet along said curve through a central angle of 00°39' l0"; thence leaving said southerly line, South 76'10'40" East 16.91 feet to the beginning of a curve, concave to the south and having a radius of 235.00 feet; thence easterly 34.83 feet along said curve, through a central angle of 08°29'31"; thence South 67°41'09" East 45.26 feet to the beginning of a curve, concave to the north and having a radius of 250.00 feet; thence easterly 37,05 feet along said curve, through a central angle of 08°29'3 l "; thence South 76°10'40" East 150.62 feet to the beginning of a curve, concave to the north and having a radius of 2,966.00 feet; thence easterly 252.05 feet along said curve, Through a central MA2PTG0105011StIRVEYILEGALS122124_APN_102-120-0351Lega1122124-2.clocx Page l of 2/25l13 PS QMAS 1 angle of 04°52'08"; thence South 8 l°02'48" Cast 117.25 feet to the easterly line of said 2 Parcel and the Point of Beginning. 3 4 Contains 4,728 square feet 5 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99997476. to 11 See Exhibit 132' attached hereto and made apart hereof. 12 13 14 15 16 17 Prepared under the direction of Zz5•100./3 18 Robert C. Olson, PLS 5490 Date 19 20 21 22 23 24 25 26 27 28 29 30 31 M;LPTG01050115URVEYII.EGALSI22124_APN_,102-420-03511.eca1122124-2.docx Page 2 of 2 2/25/1 3 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA AP 22124-2 ESMT 2410 WARDLOW PROPERTY, LLC 4,728 SF 102-420--035 111VF TAM F � L1 - N14°23'41"E 34.68' Z L2 - N65° 12'1 7"W 25.96' Z On WARDLOW ROAD R-4 N82° 53'07"W 636.03 1-:-.11-:-.1 w Z 9°Oo99'sg' ', 37 ° 2'08"W 1 ,i, '7 ..04' e, 7 5° , 01 , ' -- ---- f�--� „499 992g' N82° 53'35"W L=131, a '� -----� _��1 1 34.06' � 271 In`r'. �1, .25' N82°53'07"W4=75°00'59�� WARDLOW CIRCLE rt R-472.49' i O v N o i r.- ° 0 t w N L.123.83, 6,--75°07'28" 1 0o N67°52`08"yy L_527 R` 49' v o 003, NO, 2005- 37.04' `738,32, ° - 0 2 1 6459 y 0 , R , N82°i53'35'5i - z 1j i 42.67' L4150 I Q-77°47 } R'g4 50, 1 J PCL 3 I L=29. 7 7, I P � N1 .. g „ 15V99- 101 I *73,,02'.E_—_I 7-----r ,, 2 v r to cm La ) N InP,M, O 0 cv v o ,_ 99N220,6 o � 2 2 Z J� 2 I - o �� \� 4=0 ° `■� ' — - PROP• i R/, Z c� --, 3aoo• 00' m. . ..w am.. - —�`y L `433.95, �� � SEE SHEET 2I --� r ~�� ,t -iN75°39'3n254.58' FOR DETAIL � � ' ---- EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUT 91 RIVERSIDE FREEWAY SEE SHEET 3 FOR DETAIL C/L STATIONING 6 7 8 9 LEGEND 200 1 I z (R) Indicates Radial Bearing POB Point of Beginning ( � Title to State I I ! i I Access Prohibited NOTES 22124-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre [hive+ Ste. 2°Q T 4051 7373/{714)545 8883 IFax) DATE: 9-26-11 REV. 3: 02-25-13 EA: 0F540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 R I V 91 3.8 1 3 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA A P N 22124-2 ESMT 2410 WARDLOW PROPERTY, LLC 4,728 SF 102-420-035 1 INF TARI F CLIRVF TART F v n o 0 � I O - i` to /I V (\i 1 0 a, ¢ 3 M 4-1r ,Q M �e o N- z cn cn a oa w Lc, cT o z l . �- fL3 - 576°10'40"E 16.91' C1 - A=0°39'10" R=3000.00' L= 34.18' L4 - 567°41'09"E 45.26' C2 - A=8°29'31" R= 235.00' L= 34.83' L6 - N76°10'40"W 68.64' C3 -- A=8°29'31" R= 250.00' L= 37.05' • L7 - S22°36'02"W 1.98' Drlc , NO , 2dOS� 021 r,';'S�) y 0 , t� , P..1V1.. 211150 _cr- P..NI4S.. 15@/99- l0l - Rr r-f- - - - - - - ✓n ° - .� � -� L6 ° ll L7 � V 1 _ £A' �6a@�8��49JW I 22) 24"�1 '. J � � I PROPOSED R/W EXISTING R/W°8°l °•0p' �40 ��� 6°1a E ,399 150.62` R0UT� 97 R_�°°0•0p' 77 RW IZRS1 �E 1-``I 33. 95 , F,QCE-WA Y LEGEND IR) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i I I I i Access Prohibited NOTES 22124-2 Coordinates and bearings are on CC5 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS Santat Ana, Colifornine92707 200 17i41751-%373i;7141545-aea7 (Fox] DATE: 9-26-11 REV. 3: 02-25-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 3.8 2 3 EXHIBIT B2 PARCEL* TITLE GRANTOR AREA APN 22124-2 ESMT 2410 WARDLOW PROPERTY, LLC 1,728 SF 102--420--035 w l J INF TARI F 1 1 i I (.0(\! -N81 °02'48"w -- 117.02' �■�r�r��:rii 581 02 48 1 1 7.25' •0: nFrA1I M- c.J co oN-) —I ° � oc\' E jill rr 'A' L1 - N14°23'41 "E 34.68' L5 - N07°07'23"E 6.51' L6 - N07°07123"E 7.00' DOC , NO 2005- i 1 i i 4 w C \J r' CO N NTS 02 l 6459 y 0, R, � 1— I— ROPOSED R/W I t- P, M., 24150 1 PCI 3 P a All " 8' 158/99 - 101 w in N � a 0 SEE DETAIL o 22124-2 'A' HEREON z _6=04°52'08" =2959.00' L=251.145'--1481� 4&"� �` — 1 A=04 ° 52'08" R=2966.00' - 4�07° L=252.05' � S81 °02'48"E R=30p� 006„ � ` 1 1 7.25' �� ~ °1 , •77� N75039,394 i R�30� 17 � 6�, I'-433 9 4/ EXISTING R /w 254.58- _ g ROU T E 1 RIVERSIDE FREE�A y LEGEND IR) Indicates Radial Bearing POB Point of beginning ( ) Title to State III I I Access Prohibited NOTES 22124-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I !•� FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hufion [entire D ive VA, 200 1714j75171373/f7Q41545�8 8B3 (Far } DATE: 9-26-2011 REV. 3 02-25-2013 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R 1 1 V 91 3.8 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 PSOMAS EXHIBIT 'CV LEGAL DESCRIPTION Caltrans Parcel No. 22124-3 Permanent Utility Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point in the easterly line of said Parcel, distant thereon North 07'07'23" East 13.51 feet from the angle point in said easterly tine; thence North 81°02'48" West 117,02 feet to the beginning of a curve, concave to the north and having a radius of 2,959.00 feet; thence westerly 38.17 feet along said curve, through a central angle of 00°44'21"; thence radially to said curve, North 09°41'33" East 14.00 feet to the beginning of anon -tangent curve, concave to the north, having a radius of 2,945.00 feet and to which beginning a radial line bears South 09°41'33" West; thence easterly 37.99 feet along said curve through a central angle of 00°44'21"; thence South 81°02'48" East 116.57 feet to a point in the easterly line of said Parcel, distant thereon North 07°07'23" East 14.01 feet from the point of beginning; thence along said easterly line. South 07'07123" West 14.01 feet to the Point of Beginning. Contains 2,168 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `C2' attached hereto and made apart hereof. M:12PTG0105011SURVEYILEGALS122124_APN_102-420-03511-ega1122124-1(locx Page 1 or 2 2/25l 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79 30 31 PS OMAS Prepared under the direction of c Robert C. Olson, PLS 5490 Z.Z5.Zdoi3 Date 1v1:121rCG0105011SLIRVEY\LEGALS1?2124_APN_102-d20-0351Le8a1122124-3.clocx Page 2 of 2 2/25/ 13 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22124-3 ESMT 2410 WARDLOW PROPERTY, LLC 2,168 SF 102-420-035 I INF TARI F w L1 - N14°23'41 "E 34.68' � L2 - N65° 1 2'1 7"W 25.96' Z O CO WARDLOW ROAD a=15 R=4 63�a.03'�� L-1 uj Q -.t 00'59„ 37 °52'08"W 9.99' N82°53'07"W 1 .04'=15°01 , 44199 -- - - -� 99?g1 N82° 53'35"W i_____ � 'I 1 34.Q6' � �� 271 o t�i n4 r. .25' N82°53'07"W a=15°0p'5g" WARDLOW CIRCLE R'4 72. I 0 N. 0 •- 1. ° _I �.• 0" W N rn Q a '-° z DOD 4 9' _ ° L`�23.83' Q-15 01' 28. N67 52 " R=527 49, ° '08 W I- ^ 32' 37.04' -138, _ N82°53737 1�4'-- - Nu, z00S-0216459y D,R. 142.67' P V1, 24150 R °-4I—' =9q50, POL 3 L:29: ^ A. J5V99-loi II �� 2 Co N on m MP, 11) rn o a o �°3s 1 -1 22t2A-3 N .9902', r = PROPOSED R/N _- -I :___ _z - _-�• R3p00.00 - Elm =_::.::._ Ly433.95' _ ~ 1V75°39'39" 1N 254.58, EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUT 1 R V RSIDE FREEWAY SEE SHEET 2 FOR DETAIL C/L STATIONING 6 7 8 9 LEGEND 204 ' 2 (R) Indicates Radial Bearing P0B Point of Beginning ( ) Title to State 11 1 1 1 Access Prohibited NOTES 2 212 4 - 3 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain PERMANENT UTILITY EASEMENT ground distances. Ali distances are in feet unless otherwise noted. I �� FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 oution Centre ()rive sta. 700 R'f 1 0/51n737347010545 8083 Wax) DATE: 9-26-2011 REV. 4: 02-25-2013 EA: 0E540 FA#: DISTRICTICOUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 3.8 1 2 EXHIBIT C2 PARCEL* T[TLE GRANTOR AREA AP 22124-3 ESMT 2410 WARDLOW PROPERTY, LLC 2,168 SF 102--420-035 1 iNF TARI F I L1 - N14°23'41"E 34.68' L 3 - N07° 07'23"E 1 3.51 ' L9 -- N09° 41 '33"E 14.00' L5 - S07°07'23"W 14.01' Ci 1RVF TAR! F i I I I C1 - 0=00°44121" R=2959.00' L=38.17' C2 - A=00°44'21" R=2945.00' L=37.99' DOC , NO. 205- 02 1 459; P � IV] „ 24 150 0 „ R , - c I RI n I c I N � JCL 3 1 P, M., 9, 15a/99- 1 0 1 i � � DJ "1-,) l '? 'Cr PROPOSED R/W ++� { L21'24-'3: .r °02'48"E - I O o N O I z r — — L4 �� — - - - _ 4=07°38,- - _ _ R`300d8 6 ` - - - � 4 -0 °L~399• 77' N75°39 3 _..._ _ $ 9 4y ft?::3°°°. -433.95 -' EX_I-STING R/W SBi I C2 �l 116.57' — N —II_ 117.02' / L3 -r ra ` _ _ _ 1 — — - 254.58' �i ROU TE 97 RIVERS I DE FREEWA Y LEGEND (R) Indicates Radial Bearing POB Point of beginning ( ) Title to State I I I 1 I Access Prohibited NOTES 22124-3 Coordinates and bearings are an CCS 1963(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT UTILITY EASEMENT ground distances. All distances are in feet unless otherwise noted. I 1—ommq iiimilliml FEET 0 25 50 100 150 PREPARED BY: PSOMAS SantatAno, Centre Drive, 92707 2p0 (714)751-737347141545-6883 (Fox) DATE: 9-26-2011 REV. 4 02-25--2013 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS B R 1 V 91 3.8 2 2 PS OMAS EXHIBIT `DV LEGAL DESCRIPTION Caltrans Parcel No. 22124-4 Temporary Construction Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point in the easterly line of said Parcel, distant thereon North 07°07'23" East 13.51 feet from the angle point in said easterly line; thence North 8I°02'48" West 117.02 feet to the beginning of a curve, concave to the north and having a radius of 2,959.00 feet; thence westerly 251,45 feet along said curve, through a central angle of 04°52'08"; thence North 76° 10'40" West 168.78 feet; thence North 67'38'49" West 80.89 feet; thence North 76°10'40" West 68.64 feet to a point in the westerly line of said Parcel, distant thereon North 22°36'02" East 1.98 feet from the southwesterly corner of said Parcel; thence along said westerly line, North 22'36'02" East 5.06 feet; thence leavings said westerly line, South 76°10'40" East 12.31 feet; thence North 22°24'26" Fast 8.30 feet; thence South 67°38'49" East 136.19 feet; thence South 76°10'40" East 191.88 feet to the beginning of a curve, concave to the north and having a radius of 2,956.00 feet; thence easterly 251.20 feet along said curve, through a central angle of 04°52'08"; thence South 81°02'48" East 93,36 feet to a point in the easterly line of said Parcel, distant thereon North 07'07'23" East 16.51 feet from the angle point in Said easterly line; thence along said easterly line, South 07"07'23" West 3.00 feet to the Point of Beginning. Contains 3,199 square feet 141:12PTG010501\SURVEYILEGA1.5127124_tit'N_102-1-20-0351Lega1122124-4.docx Page t of 2/25/ 13 1 3 d 5 6 See Exhibit `D2' attached hereto and made apart hereof, 7 8 Prepared under the direction of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 �q 30 31 Robert C. Olson, PLS 5490 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination Factor for this conversion is 0.99997476. Z. Z5. Ze.i3 Date M:12PTG0105011SURVEY\LEGAL5122124_APN_102--420-0351LegaIL2124-4.docx Page of 2 2l25113 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA A P N 22124-4 TCE 2410 WARDLOW PROPERTY, LLC 3,199 SF 102-420-035 I TNF TARI F W `-' L1 - N14°23'4111E 34.68' Z L2 - N65° 1 2'1 7"W 25.96' O CO WARDLOW ROADVA N82°53'07"W 636.03` W Q -.1 90159" N67°52'08"W 99' 37.04 1 .04, i 4=i 5 -- C -� R�Q99 9i928';IC 82°53'35"WL-�31.i1'\in 134.D6'!�• N82°53 07"W �15°D0'5„WA DRLOIN IRCLE 47 0 Q I N - r. n ti 1, U L>, a w N rn IJ"OC., a-`oo 0216459; - N z L=123:83, a=15°07 NO, 2005-- N67°52`08"W L^138.32, 0�R., 37.04, N82° P,N1, 24150 _ P.Nl.8, l5S/99- 1 01 ._ _ . __ 1 i k-141 ,28" __ _ _ 5 3-S7\6 42.67' R45Q',1P"I 9.17, 1 2 1, I 1� i 1 i I co IN �p I I ' 1 F 1� 1 i c� rn Q i O N v N �- . /�� � 4_08 '�`it � � -x., "PROPOSED R/W z _l 0 ` _ L_433,95' �� _ SEE SHEET 2 ~ — ` J J \ -__ N�5°39'39"W 254, 58• _ `� \ FOR DETAIL _ f ~ EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 3 FOR DETAIL C/L STATIONING 6 7 a 9 LEGEND 200 z (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES 2 2124 -4 Coordinates and bearings are on CCS 19/33(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEE; 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (1141751-i373i1714)545y6903 It:ax1 DATE: 9-26-2011 REV. 3: 02-25-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 1 R I V 91 3.8 1 3 EXHIBIT D2 PARCEL 221 24-4 TITLE TCE GRANTOR 2410 WARDLOW PROPERTY, LLC AREA 3,199 SF APN 102-420-035 102-420-034 N- Al . F\I o N �o N .(4) (1) Pr) PI N. o N N Z � glM� S6 °38 � ,, L 7 L6 �6. f .9, I rn v CO N7°Q6'46"E 1 INF TART F L3 - N22°24'26"E 8.30' L4 - N67°38'49"W 80.89' L6 -- N76° 10'40"W 68.64' L7 - N22°36'02"E 1.98' L8 - N22°36'02"E 5.06' L9 - S76° 10'40"E 12.31 ' DOC, NO, 005-02I6459y C.,R, POL 3 P,1` ,84 J59/99 - IO1 EXISTING R/W 4 Z-0 8 0 1 7,160 UT ��3°aa• ao, Ro � 9RI ��R �=Q33,9s, �DE FREEwA Y S76° 01'40'E 191.88' LEGEND (R) Indicates Radial Bearing POB Point of Beginning () Title to State I l i i l Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS 3 eLottan Centre Drive, Ste. 200 Santo Ana, Callfornia 92TD7 1714)T51-7313/1T10545-BBB3 Wax) 22124-4 TEMPORARY CONSTRUCTION EASEMENT FEET 0 25 50 100 150 DATE: 9-26-2011 REV. 3: 02-25-2013 EA: 0E540 DISTRICT COUNTY ROUTE SHEET PSI SHEET NO. FAu: TOTAL SHEET 3 8 RIV 91 3.8 2 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22124--4 TCE 2410 WARDLOW PROPERTY, LLC 3,199 SF 102-420-035 I INF TARI F L1 - N14°23141"E 34.68' L5 - N07°07'23"E 13.51' L10 - 507°07'23"W 3.00' O .581 ° 02'4 8"E —I 93 36��, ,r1 -- N81 °02'48"W 117.02' P0: DFTAII wl re). N Co � ODZci oN z - 'A' N DOD. NO. 2005-02164593; JaR. P,M. 24150 PGA 3 P,M.g, 152/99-101 I 1 co c\! co N ,L,_, I vo L_ NTS I o a7 .._i w °a °. � 221 24-4 SEE DETAIL �a) [ 'A' HEREON\ -- o (n ,-. ° ROPOSED R/W Z � a-04°52'0 " - R=2956.001 r— -- � �S.$1°0.L48"� L=251 20' t �% 4=04 ° 52'08" R=2959.00' L=251.45' —� � 93.36'r � � N81 02 48 R` D00 p0p6 1 1 7.02 / L 5 , 4 - ° 399.77' N75°39,394 R�30p I 16 t L=4J3 95 ° EXISTING R/W 254.58/ / ROUTE 91 RI!, vERSIDE FREEw4 Y LEGEND (R) Indicates Radial Bearing POB Point of beginning ( 7 Title to State O I ) ( Access Prohibited NOTES 2 21.2 4 4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtoin - TEMPORARY CONSTRUCTION EASEMENT ground distances. At distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Ilut ton Centre Drive Ste. 200 Sania Ana. California 97707 (7140 51-7373/0141545-0883 (fax) DATE: 9-26-2011 REV. 3: 02-25-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. - TOTAL SHEETS 8 R I V 91 8 3,6 3 3 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79 30 31 PS OMAs EXHIBIT `E1' LEGAL DESCRIPTION Ca!trans Parcel No. 22124-5 Building Demolition Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07°07'23" East 103.20 feet continuing along last said line to a point thereon; thence North 82°52'37" West 49.14 feet to the True Point of Beginning; thence South 07°07'23" West 40.00 feet; thence North 82°52'37" West 14192 feet; thence North 07°07'23" East 30.00 feet; thence South 82°52'37" East 10.00 feet; thence North 07°07'23" East 10.00 feet; thence South 82°52'37" East 131.92 feet to the True Point of Beginning. Containing 5,577 square feet. See Exhibit `E2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P:12PTG0105011SURVEYILEGALS122124-APN_ 102-420-0351Legals122124-5_3DE.doc 5/ 17/20 E 2 Pagel of 2 PS OMAS Prepared under the direction of Brian C. Bullock, PLS 5260 5-/7-/Z Date P:12PTG0105011SURVEY1LEGALS122124-APN_102420-0351Legals\22i24-3 BDFdoc 5/17/2012 Page 2 4' 2 EXHIBIT E2 PARCEL# TITLE GRANTOR AREA APN 22124-5 BDE 2410 WARDLOW PROPERTY, LLC 5,577 SE 102-420-035 LINE TABLE Lv L1 - N14°23'41"E 34.68' ZA-4-1 L2 - N65°12'17"W 25.96' ZIZ O m,--1 WARDLOW ROAD Az15°00 R=499,99' 636.03' L=131.04' 'T ,9„ N67°52 08"w 37.04' -----...„/- _ ° N82°53`07"W i c --15 01 i 28,, ��- _499' 99' N82°53`35"W N. ' rr 1 1 1 34.06 271.25' � o �I • N82° 53'07"W `R� ? 5°00'59,, WARDLOW CIRCLE v r` or') v� €>, _ � w v N• co 0 � z N67°~I23.83' R-527d1 28" 52 OS W L -138.32' 04 ' _ P ,1�11137.24 1 SJ N82°T3'35"W 1 42.67' I PG� i A 17°41'1 P,M� g, 15,199- 1 01 � R�g4 1 L=29, NO �1L1, 2JJ-J211;-'�7 J,,� E _1 W 5Q, 7 7• (7-- .. is co � 1N • i"� „iN 8 1 1 w "' 0 cv N —TPOB N2 ° —1 a— � 1 � i' Y' 1 crl 0 r~ ` ` SEE SHEET 2 r (-11,24-- 5) lo, _ I F 0 R DETAIL � E...,...-.,... — �...— � �.=Z0 �� _ _ 00' _ / _0 _I _ �443,3.95, _ N%5°39'3g" —' 254.58' - PROPOSED R/W POS ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ii 7 e 9 200 LEGEND 1 2 {R) Indicates Radial Bearing POB Point of Beginning C .) Title to State 1 F 1 1 I Access Prohibited NOTES 22124-5 Coordinates and bearings are an CCS 1983(2007.00) lane G. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton £entret Ori,e Ste. 2u. Sonic) Ana.cC1lfotnia 90r (=14;481-80i317141145-93e3 il..: DATE: 5-17-2012 REV.: EA: OF540 FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS g R I V 91 3. 8 1 2 EXHIBIT E2 PARCEL# TITLE GRANTOR AREA APN 22124-5 BDE 2410 WARDLOW PROPERTY, LLC 5,577 SF 102-420-035 DOD., NO,2DO J-D214.59 PDl 3 F,1\1J,S, 153/99- 1 01 582°52'37"E 1 20.8507°07'3823'W N07°07`23"E 18.' � 0� 582°527' 10.00' 0„H„ ° N825237W 49.14' ( I r S M i5) co �COq o � � • t — — — 582° 52'37"E 1 09.42' S82° 52'37"E 1 31 .92' ti _ 40 00,3 N07°07'23'E (221 2'-'45) SO W I ROB 30.00' I N82°52'37"W 141.92' _ � 1-1-1�i ro N 1 1 ...�.��......�....r,..�...,.. ,�F........r 0 rOl N C.)0 T +9 #1 rr1 D EL PROPOSED R/W °i t"- `` a-04 ° 52 OS — — — — — - - R=2966.00' t^f T �' •_ L=252.05' N81 °02'4$"W ,1� ° 4 � r1- 30C16 6' 6'� J� `. _ti __ -_- ._ __ 1 1 7. z 5' L 3 L=433 95, N75.39`394 - _,- _ _ - - i I P08 EXISTING R/W� 254•58' y '-� ROU rE 9 7 RIVER"SIDE FREEvA Y LEGEND (R) Indicates Radial Bearing LINE TABLE Po8 Point of Beginning L1 - N14°23'41 "E 34.68' ( ) Title to 5-I-ate L3 - NO7°07'231E 6.51' I t t l 1 Access Prohibited NOTES 22124_5 Coordinates and bearings ore on CC5 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 hUtton Centre C-i;a Ste. 200 Son*a Ana, California 42/07 iz1414B1,8053i#7141545-9Z93 IFa,ci DATE: 5/17/12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS $ R I V 9 1 3. 8 2 2 PSOMAS EXHIBIT `F1' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22124-6 5 Building Access Easement 6 APN 102-420-03 5 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, to inclusive of Parcel Maps, Records of Riverside County, California, described as follows: li 12 Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 13 feet along a portion of the easterly line of said parcel to an angle point thereof; thence 14 North 07°07'23" East 103.20 feet continuing along last said line to a point thereon; thence 15 North 82°52'37" West 49.14 feet to the True Point of Beginning; thence North 16 82°52'37" West 131.92 feet; thence North 07°07'23" East 131.74 feet; thence South 17 82°52'37" East 131.92 feet; thence South 07°0T23" West 131.74 feet to the True Point 18 of Beginning. 19 20 Containing 17,378 square feet. 21 22 See Exhibit `F2' attached hereto and made a part hereof. 23 24 The distances described herein are grid distances and are based on California Coordinate 25 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 26 grid distances by the mean combination factor of the courses being described. The mean 27 combination factor for this conversion is 0.99997476. 2s 29 30 31 P:12PTG0105011sURVEYII.EGALS122124-APN_ 102-420-0351Legal s122124-6_sAE.doc 5/17/Z012 Page 1 of 2 PS oMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date $� 1 7-/Z P:I2PTG0105011SURVEY1LEGALS122124-AIN_ 102—i20-13 51Legals122124-6_I3AC.doc 5/17/2012 Pave 2 of 2 EXHIBIT F2 PARCEL# TITLE GRANTOR AREA APN 22124-6 BAE 2410 WARDLOW PROPERTY, LLC 17,378 SF 102-420-035 LINE TABLE Lu L1 - N14°23'41"E 34.68' � L2 - N65° 1 2'1 7"W 25.96' Z O CO WARDLOW ROAD d`15°QQ' R=499,99,S 1-~131,04• .zz( � „ gN67°52,0g"w 37.04' N82°53"07"W i 636.03' -----„X A 15° 0( �7 I I 13=q 9c. , za �-13?, N82°53'3r'NJ ? ? 134.06 � 271 .25" a (.t' N82°53'07"W R_q7°00'S9" �WARDLOW CIRCLE 2.497 N o cv •_ Q —tern � 3 k LLJ �' a,v `� o DOB � 021.6459 L=�23.83' A=15°01 N67°52'08"W R J NO � 20OS- 37.04' 0,R, Ps1\11� 2'iIJJ N81215 Prl 3 P,�/l,S, 1jO19� )- 101 SEE SHEET 2 73$:49' I , - �_ 3z- '35 W' i a-17°47' t �`29.50, 17 i f`I i 118 k f .1 rri co `--`' up o o i 7 { TPOS I FOR DETAIL t M N r r-_ - _ I I ---- �� 4-O8o ^ `� - _ _ N75°3g'39„W 254,58 _T�� PROPOSED R/W POB 0 ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W TE 1 R VERS DE FREEWAY C/L STATIONING 6 7 8 9 LEGEND 200 ' 2 (R) Indicates Radial Bearing POB Point of Beginning [--- Title to State t i I I I Access Prohibited NOTES 22124-6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 7 Hur lCr. Centr2 Cri.2 Sp.?: ?CC Muff bna, Cap ilfi 75.34 5-272; I 711;191 -8o53� 71 a15a5-B&H3 ��ai DATE: 5-17-2012 REV.: EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 n R I V 91 3.8 1 2 EXHIBIT F2 PARCEL# TITLE GRANTOR AREA APN 22124-6 B.AE 2410 WARDLOW PROPERTY, LLC 17,378 SF 102-420-035 1 S82° 52'37"E 131 .92' 11- P,M, 2-4}150 ( rn r'� PC! 3 ._ —1 P„M,H, 159/99-101 r� �: ,� Ml � 01. 1 N N S82° 52'37"E ! r- 1 20.82' 0 O o S07°07'23"W NQ 1 0 00'3 E' o O 18.38' ° z o u) 582 52'37 E 1 N82 52'37 W 1 0.00' 49.14' I 1 t c°`v k N v o — — — S82° 52'37"E 1 1 09.42' N07°07'23"E y � N82° 52'37"W 1 31 .92_ S07°07'23"W 40.00' i �, ` I Jam, i TPOB 1 30,00' � N82° 52'37"W 141 .92'o LiJ N rn= . 0 iN N EL • _ Cry O m I° 7-- PROPOSED R/W — — _ � — — — — _ � — — , — - 6=04°52'08" R=296O.00" — — — �—�j ��'�-� L=252.05' N81°02'48"W 147�"� ~ R 0- 007 7' 6', -- - - -- 1 1 7. 25 L 3 1 L`433.95, N75°39'394— —_t 1 PO 8 4. EXISTING R/W 254.58' ,_ -__ �� RourE ' 7 RIVERS IDE FREEwA V LEGEND (R) indicates Radial Bearing LINE TABLE P0B point of Beginning L1 - N14°23'41"E 34.68' ( } Title to State L3 - N07°07"23"E 6.51' III I ! Access Prohibited NOTES 22124-6 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances, Divide by 0.99997476 to obtain BUILDING ACCESS EASEArIENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Iluttan Centre Dri,e, S 260 Santa Arc, Lali'prni0 9270- ]1al481-8c.53i(71a15a5-sae? Ifaxl DATE: 5/17/12 REV.: EA: QF540 FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 3.8 2 L 1 PSOMAS EXHIBIT `GP LEGAL DESCRIPTION Caltrans Parcel No. 22124-7 Temporary Construction Easement APN 102-420-035 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07°07'23" East 6.51 feet continuing along last said line to a point thereon, said point being the True Point of Beginning; thence North 81°02'48" West 117.25 feet to the beginning of a curve concave northerly having a radius of 2,966.00 feet; thence westerly along said curve 252.05 feet through a central angle of 04°52'08"; thence North 76°10'40" West 133.51 feet; thence North 07°07'23" East 79.39 feet; thence South 82°52'37" East 79.77 feet; thence South 07°07'23" West 12.38 feet; thence South 82°52'37" East 120.82 feet; thence South 07°07'23" West 18.38 feet; thence South 82°52'37" East 109.42 feet; thence South 07°07'23" West 30.00 feet; thence South 82°52'37" East 141.92 feet; thence North 07'07'23" East 40.00 feet; thence South 82°52'37" East 49.14 feet to a point on said easterly Iine; thence South 07°07'23" West 96.69 feet along said easterly line to the True Point of Beginning. Containing 37,266 square feet. See Exhibit `G2' attached hereto and made a part hereof. PA2PTG0105011SURVEY1LEGAL5122124-APNi_ 102-420-035\Legal s122124-7_TCE.doc 5/17/2012 Page I oft 1 3 4 5 6 I Prepared under the direction of 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Brian E. Bullock, PLS 5260 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of l 983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. S =/7-/0 Date P.12PTG0105011SUR V EYILEGAI.5122124-APN_102-420-03511.caa[s122124-7_TCE.doc 5/17/2012 Page 2 of 2 EXHIBIT G2 PARCEL# TITLE GRANTOR AREA APN 22124-7 TCE 2410 WARDLOW PROPERTY, LLC 37,266 SF 102-420-035 LINE TABLE Li L1 - N14°23'41"E 34.68' Z L2 - N65°1217"W 25.96' O CO WARDLOW ROAD 6=1 R=499.9g, 636.03' L-1331 —I 5°0o.59, N67°52`08"W 37.04 ' -----„7 N82° 53'07"W ,i c .04' d� r 5°0Y ' '28 R�499 9 f,182° 53'35"W L=131,11'!1 q - _ 271 .25' '-� 1,--'` ,4.05 0 ill.: • N82°53'07"W d415°00'59�'-�--�T R 4 7z.4g' WARDLOW CIRCLE N� N o i` rn o Cl- 3 N ko v o DOG, � 02 J z ! ;22° L~723.83' 4=1 5007 '2$" R-5 49, NO„2005- N57°53 O�tq L�7 3zg;32` 6';5J . R . P , M , 24 1 50 N82°153'35"W 1 42.67' POL ,3 I a=7 7° � R-94 41 '7 _ �� P s l��l, � l ��/� J4 l O l ; L=29. I o, —� -- — �� ��� I ``� 1 2 I I7 , i- I" Irn I� . 8„ i 1 lw I �1 �_ C° � 0 o N v N I 1 � —' . 0 (3. o2,E- 99 , ( l �`� r - `` g 77,76 ``----,__ _---_1 _ �-- R_ d�0 0 � �.---- --- --- �.,�- �` 1 (I1 L-433.9$, _ _`� N75°3g "`�- �—�, TPOB SEE SHEET 2 _ 39 W , FOR DETAIL 254'S8 PROPOSED R/W POB ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W ROUT 1 RIVERSIDE FREEWAY SEE SHEET 3 C/L STATIONING FOR DETAIL 6 7 9 LEGEND 200 1 (R) indicates Radial Bearing POB Point of Beginning ( ) Title to State III 1 i Access Prohibited NOTES 22124-7 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distonces. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i —� FEET 0 50 100 200 30D PREPARED BY: PSOMAS 3 Nall ton Centre Dri.e-. Ste. ?00 =,.7ntC Arlo, Califernip 92707 i7141497-P053,1714j545-8$83 1F not DATE: 5-17-2012 REV.: EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp 8 �/ R I Y (l J 1 3.8 1 3 EXHIBIT G2 PARCEL# TITLE GRANTOR AREA A P N 22124-7 TCE 2410 WARDLOW PROPERTY, LLC 37,266 SF 102-420-035 v rn O I O v I od Q _ t11 _1 0 a, , . .'-� _I rn co isi c9 o0 ) • 0 Q DOG. NO,2005-0Jla459 0,R, ti a z R , 1V1 , 21115 0 PGA 3 P,nil,8, 15e/99— 1 01 S82°52'37"E 1 .38, SO3"W 79.77' S82° 52'37"E � ,0 Q Al ( N r!-L1 z �- 1 20.82' -- i - � 1 . M � '~ (221 1 q- 1 O 1 ~o �I P P R/W z t— _ 4 ° I Zi J EKI5T[NG R/W Og 1 76 10140 - j-.-�I a- T- ~ — — 7, 1 r 6, W 1 33.51 '---4� ,,.. I f��U R_3Q00.00, r� 97 RIVER L=4�3 95 A Y R=2966.00' LEGEND L=252.05' (R) Indicates Radial Bearing POD Point of Beginning ) Title to State t l I it Access Prohibited NOTES 22124-7 Coordinates and bearings are on CCS 198312007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I �� FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Certre Or.ie Ste. 100 Santa 81^a053'1q 141545�seu frn wi DATE: 5-17-2012 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RI V 91 3.8 2 3 EXHIBIT G2 PARCEL4 TITLE GRANTOR AREA APN 22124-7 TCE 2410 W,ARDLOW PROPERTY, LLC 37,266 SE 102-420-035 P,M, 4150 P01 3 P,M,g, 15 3/99- 101 S82° 52'37"E 120.82' 507°07'23"W 1 8.38' S82° 52'37"E 109,42 22114-7j 52'08" R=2966.00' 4 �.-..- E=252.05' R_76s R:=3 8 77'Opp'pp J-- N75°3 - .9� 9'39 W EXISTING R/W� S07° 07'23"W 30.00' S82°52'37"E 49.14' N07° 07'23"E 40.00' 582°52'37"E 141.92' PROPOSED R/W CO N r~i 1a N 102-920-036 TfITT T.l 1NMEM T N81 °02`48"W 1 1 7.25' L3 254.58, ROUTE 97 RIVERSIDE DE FREEwA V LEGEND Indicates Radial Bearing Point of Beginning Title to State Access Prohibited LINE TABLE L1 - N14°23'41"E 34.68' L3 - N07°07'23"E 6.51' ( TPO k 1: POD — - r� NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997.176 to obtain ground distances. All distances are in feet unless otherwise noted. 22124-7 TEMP. CONSTRUCTION EASEMENT 1 FEET 0 25 50 100 150 PREPARED BY. PSOMAS DATE: 5/17/12 REV.: EA: OF540 F A#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 -Hut Ian Centre Dr'Re Ste. 7C0 Sumo 53-171141545-$833 (Fax) 8 RIV 91 3.8 3 3 PS OMAS EXHIBIT `Hl' LEGAL DESCRIPTION Caltrans Parcel No. 22124-8 Temporary Access Easement APN 102-420-03 5 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 3 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, inclusive, of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said parcel; thence North 14°23'41" East 34.68 feet along a portion of the easterly line of said parcel to an angle point thereof; thence North 07°07'23" East 103.20 feet continuing along last said line to a point thereon; thence North 82°52'37" West 49.14 feet to the True Point of Beginning; thence North 07°07'23" East 192.33 feet to a point on the southerly right of way line of Wardlow Circle being 55.00 feet wide as shown on said map, said point also being the beginning of a non -tangent curve concave southerly having a radius of 94.50 feet, to which point a radial line bears North 09°43'14" East; thence easterly along said right of way line and said curve 24.44 feet through a central angle of 14°49'02"; thence South 07°07'23" West 188.09 feet; thence North 82°52'37" West 24.00 feet to the True Point of Beginning. Containing 4,578 square feet. See Exhibit `F12' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, `Lone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor For this conversion is 0.99997476. PA2PTG0105011SURVE Y1LEGAL5122124-APN_ 102-t20-0351-cga1s122124-8_TAE.doc 11/21/2U12 Pagc 1 of 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS oMAS Prepared under the direction of Brian B. Bullock, PLS 5260 Date PA2PTG0105011SURVEYILEGALS122124-APN _ 102-420-0351Legals122124-5_TAE.doc ! L21 /2012 Page 2 of 2 EXHIBIT H2 PARCEL# 22124-8 TITLE TAE GRANTOR 2410 WARDLOW PROPERTY LLC AREA 4,578 Sr LINE TABLE L1 - N14°23'41"E 34.68' L2 - N65° 1 2'1 74 25.96' 102-420-034 WA RD L O W ROAD N82°53'074 63E.03 O 'A- i 5°00'S9 ,. R-499.99' L - � 3�_ V —I rn L� CF, v a-, ' io CO `COo �a z r N22° 4;08° 271.25' `� N82° 53'074 r~ N DOD, ND„2005- 021 4.59 J,R, W J \1`15°00'S9. R-4 72 4 9' / L`123.83' % N67°52'08"w I� 37.0c PAM. 4150 PC1✓ 3 P,M,8, 159/99-101 .Up ,. I =433, 95 . PROPOSED R/W ROUTE 91 RIVERSIDE FREEWAY LEGEND IE ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING (R) Indicotes Rodiol Hearing TP06 True Point of Beginning POB Point of Beginning } Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 200 APN 102-420-035 3 7 04 2 08 W 6-1 5°01 '28„ �~ 43 i = N82° 53'WW � 1 1 A\ WARDLOW,CIRCLE a=15°01'28 R-5Z 7 49 L`138..32' N82153'35"W / ' 42.67' p=17°41"8" 1 (R=94.50 IL=29.17' ;SEE SHEET 21 'FOR DETAIL It f 1 t i TPOB L f NI '�ITA40 �N {; r- Q ° N Q 1 z U � y 102-420-036 22124- S N75°39'39, 3 2 q �8, POB EXISTING R/W 2 22124-5 TEMPORARY ACCESS EASEMENT FEET 0 s0 100 200 300 PREPARED BY: PSOMAS 3 Hui ion Centre Sri-:e, Sit. 200 1fl414 10n+0�-8053E�(Ti4'S4599@93 (FOX1 DATE: 5-17-2412 REV. 1: 11-21-2012 EA: OF 540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 2 8 Rh/ 91 3.8 1 EXHIBIT H2 PARCEL# [TITLE 22124-8 TAE GRANTOR 2410 WARDLOW PROPERTY, LLC AREA 4,578 SF APN 102-420-035 R1 - N09°43'14"E R2 - N24°32'17"E 0°G , NO .. 2005-- 02 1 .645 9 0, R , nl 3 PAM,S, J59/99- 101 S82°52'37"E 1 20.82` N07°07'23"E S07°07'23' W 1 0.00' 1 8.38' 582° 52`37"E 10.00' S82°52'37"E 1 09.42' N07°07'23"E 30.00' LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning Title to State Mil l Access Prohibited C ) N07°07`23"E 1, A=14°49'02" R=94.50' L=24.44' 1 i F 7..e) cn re) O S82° 52'37"E 1 31 .92' N °o m c - 1-- W Nl N N IC) - O o ° r N o 0 cn 0 0 0 N82° 52'37"W ° 49.1 4 N82 52 37 W 131 .92 S07°07'23"W 40.00' N82°52'37"W 141.92' ROUTE LINE TABLE L1 - N14°23'41"E L3 - N07°07'23"E 1 TPOB PROPOSED R/W 254e58' 91 RIVERSIDE FR 34.68 EEwA Y 6.51' a, (c) t4 dl �p N re). .o 102-420-036 NOTES Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22124-$ TEMPORARY ACCESS EASEMENT FEET 0 25 50 100 150 PREPARED BY: PSOMAS i Hatton Centre e-i:e, 5'e. __- San}a A.,a, Cai iforiia ,1;,707 (7t4j491-BC534 714)545-9463 DATE: 5-17-12 REV. 1: 11-21-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET N0. TOTAL SHEETS b REV 91 3.8 2 2 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-420-035 (CPNS 22124-1, 22124-2, 22124-3, 22124-4, 22124-5, 22124-6, 22124-7 and 22I24-8): 2410 Wardlow Property, LLC 18590 Martinique Court Villa Park, CA 92861 2410 Wardlow Property, LLC 2410 Wardlow Road Corona, CA 92880 2410 Wardlow Property, LLC c/o Burleigh Brewer, Esq. 4041 MacArthur Boulevard, Suite 350 Newport Beach, CA 92660-2511 DATED: July 26, 2013. Record Owner Record Owner Courtesy Copy Frances hite 714 513 5130 Sheppard Mullin OS:54:15 p.m. 09-10-2013 2 14 SheppardMullin September 10, 2013 Via Email jharmon@rctc.org Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`c Floor Riverside California 92501 Sheppard MuRin Richter & Hampton LLP 650 Town, Center Drive. 4th Floor Costa Mesa. CA 92626-1993 714,513 5100 main 714 513-5130 main fax wwwsheppardmullin corn 714 424.2846 direct soconnor@sheppardmullin tom File Number. 0NA$-164569 Re Chevron — Riverside County Transportation Project 2270 Frontage Road. Corona, California (tile "Subject Property") Dear Ms Harmon We have received notice of the Riverside County Transportation Commission's CRCTC") intent to adopt a resolution of necessity authorizing the taking of certain portions of the Subject Property by condemnation for the SR-91 Corridor Improvement Project. Based upon this notice the RCTC's hearing Is scheduled for September 11, 2013. in Riverside California The purpose of this letter is to provide written objection on behalf of Chevron U.S A Inc. ("Chevron") to the adoption of the resolution of necessity in lieu of (or in addition to) personally appearing at the hearing Accordingly, whether or not we appear at the hearing. we request that this letter be included as part of the formal record on that agenda item. Chevron objects to the adoption of the resolution of necessity on each of the following specific grounds. 1. RCTC's Proposed Project Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good and The Least Private Injury. One of the necessity components that must be anaiyzed when considering the adoption of a resolution to authorize the taking of private property Is whether the proposed project for wnich the property is sought to be taken is planned or located In a manner that is most compatible with the greatest public good and causes the least private Injury (Code Civ Prod § 1240.030, subd. (b).) In the absence of substantial evidence supporting the RCTC's determination as to the planning and location of the proposed project, the Resolution of Necessity is invalid In this case, the SR-91 Corridor Improvement Project as proposed takes all of the Subject Property when not all of the Subject Property Is needed. and therefore violates the "least private injury" requirement As RCTC is well aware the Project could be designed in a manner such that Chevron could continue to operate on the Subject Property. In fact, Chevron 714 513 5130 Sheppard Mullin 05; 54.36 p.m. 09-10-2013 3 r4 SheppardMullin Jennifer Harmon Clerk of the Board September ' o, 2013 Page 2 and RCTC have had several discussions about design options that would enable Chevron to continue operating at the Subject Property with some modifications made to the existing lay -out of the site plan on the Subject Property Chevron believes that with further revisions to the design of the project, Chevron could continue to operate on the Subject Property without having to modify the existing site plan. In any event, there should be no dispute that not all of the Subject Property is needed for RCTC's project Yet pursuant to the contemplated resolution of necessity, RCTC proposes to take the entire Subject Property Taking the entire Subject Property is clearly not the most compatible with the greatest public good and the least private injury RCTC could obtain an equal amount of public good, by redesigning the project such that not all of Subject Property is taken, and at the same time dramatically reduce the amount of private injury to Chevron Statea somewhat differently. RCTC may very well be able to satisfy the requirement that the project is planned In the manner that is most compatible with the greatest public good and causes the least private injury if the project is redesigned in a mariner that would enable Chevron to continue operating on the Subject Property However, if RCTC plans to acquire the entire Subject Property, as is contemplated with the current resolution of necessity, RCTC can in no way establish the required "greatest public good and least private injury" prong. 2. RCTC Failed To Extend A Legitimate Precondemnation Offer Pursuant To Government Code Section 7267.2. Government Code section 7267 2 requires that RCTC make a legitimate offer of just compensation based upon an approved appraisal prior to initiating condemnation proceedings. A written statement and summary basis for the offer must include sufficient details to indicate clearly the basis for the offer (Gov. Code. § 7267.2, subd. (b).) RCTC's precondemnatron offer is invalid insofar as it was based on an artificially low valuation o' the Subject Property. Chevron has had a chance to conduct a preliminary analysis of the appraisal upon which RCTC based its offer of $3,725,000. RCTC's offer was based on an artificially low land value in the cost approach and properties that were not comparable in the sales comparison approach More problematic is that RCTC has offered nothing to Chevron for loss of business goodwill Chevron operates a very successful service station business on the Subject Property, and the value of the goodwill of this business is well in excess of S1 million Yet RCTC nas offered nothing to Chevron for the business goodwill it will lose if the entire Subject Property is acquired, resulting In the shutdown of Chevron's business on the Subject Property 3. RCTC Failed To Negotiate to Good Faith Pursuant To Government Code Section 7267.1. Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to seek to acquire that property first by negotiation. (Johnston v_ Sonoma County Agricultural Preservation & Open Space Dist. (2002) 100 Cal App 4th 973.) 714 51 3 9130 Sheooa-d VJ 'J-1 05:55.08 p m 09-'0-2013 G:4 SheppardMullin Jennifer Harmon Clerk of the Board September 10, 2013 Page 3 "The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation." (Gov. Code § 7267.1 subd. (a).) The duty to negotiate is designed to avoid litigation_ "In order to encourage and expedite the acquisition of real property by agreements with owners. to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entitles snail. to the greatest extent practicable make every reasonable effort to acquire property by negotiation (8 Witkin, Summary of Cal Law (9th ed 2004) Const. Law, § 972 ) As noted above, RCTC's recent offer was based on an artificialty low valuation of the Subject Property and included nothing in the form of lost business goodwill. This is an example of RCTC's refusal to engage in good faith negotiations with Chevron. 4. RCTC's Attempt to "Piece Meal" the Project Violates the California Environmental Quality Act. There snould be no debate that RCTC's taking of the Subject Property for the SR-91 Corridor Improvement Project constitutes - "project" within the meaning of CEQA. (Pub. Res Code § 21065.) Yet, it appears that ROTC is attempting to circumvent its duties and obligations under CEQA by "piece mealtng" this massive freeway expansion project into small segments. RCTC's conduct violates the precepts under CEQA and ignores the multitude of potentially significant environmental, impacts that might result from the project, including, but not limited to, traffic impacts, air quality, land use planning; ground stability, and noise. As of today's, date, ROTC cannot have completed a proper CEQA analysis since it has not considered the environmental impacts stemming from the entire SR-91 Corridor improvement Project, as a whole Based upon the foregoing objections, Chevron respectfully requests that the RCTC not adopt the resolution or, at a minimum, continue the hearing on this agenda item until such time as the objections are addressed If RCTC has any questions or comments concerning the content of this letter, it should contact the undersigned at the number listed above. Very uly)yours, �2- ean �P O'Connor SHEPPARD. MULLIN, RICHTER & HAMPTON LLP SMRP 410079152 1 o v i (161, a-ot SheppardMullin ip© [6,11M� August $, 2013 AUG 1 ?fit3 Via U.S. Mail h;vt.ttMA. COUNTY 4ANSPORT ON COMMISSION Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Re: Chevron — Riverside County Transportation Project 2270 Frontage Road, Corona, California Dear Ms. Harmon Sheppard Muilin Richter & Hampton LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993 714.513.5100 main 714.513.5130 main fax www.sheppardmullin.corn 714.424 2846 direct soconnor@sheppardmulltn.com File Number: ONAS-164569 This firm represents Chevron U.S.A. Inc. ("Chevron") owner of real property located at 2270 Frontage Road, Corona, California (the "Subject Property"). This letter serves as notice of Chevron's request to appear and be heard at the Riverside County Transportation Commission's ("RCTC") Resolution of Necessity hearing scheduled for September 11, 2013 at 9:30 a.m. Please contact me with any questions. Very truly rs, Se. P.O'Connor SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SMRH:409871068 1 etizirtin �.P130 Order No.; 09304533-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09304533 LITIGATION GUARANTEE l� O N No. l `� _ O Z 3 SCHEDULE A Order No.: 09304533-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09304533 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: November 29, 2012 at 7:30 a.m. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the Filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE as to Parcel(s) 1, 2, and 3; AN EASEMENT more fully described below as to Parcel(s) 4 5. Title to the estate or interest in the land is vested in: Chevron U.S.A. Inc., a California Corporation (a wholly owned subsidiary of Standard Oil Company of California), its successors and assigns 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the mariner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project, 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the sul*et of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Hainion Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: DATED: July 26, 2013. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: - \Ianli Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: Parcel 1: That portion of Lot U of Tract 2585, in the County of Riverside, State of California, as per Map recorded in Book 47, Pages 10 to 14, of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the most Westerly corner of Lot 49, Tract 2319, as per Map recorded in Book 43, Pages 74 to 76, of Maps, in the Office of the County Recorder of said County, said point also being an angle point in the Easterly line of Lot B of said Tract 2585; Thence North 76°21'30" West, (formerly recorded North 76°19'50" West), 223.66 feet to an angle point in the Westerly line of said Lot (unpaid), said Point being the to the True Point of Beginning; said last mentioned point is also the most Southerly corner of that certain parcel of land conveyed to D.N. Schneider, a married Man, by Deed recorded March 6, 1967, as Instrument No. 18448 of Official Records; Thence South 76°21'30" East, 63.08 feet to the Easterly boundary of said Lot U, being at a point on a curve concave Northwesterly and having a radius of 75.00 feet, a radial line through said point bears North 50°48'24" West; Thence Southwesterly along said curve, through a central angle of 63°52'24", an arc distance of 83.61 feet; Thence tangent to said curve, North 76°56'00" West, 0.41 feet to the Westerly line of said Lot U; Thence along said Westerly line, North 19°12'25" East, 42.86 feet to the to the True Point of Beginning. Parcel 2: That portion of Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County Recorder of San Bernardino County, California, described as follows: Beginning at the most Westerly corner of Lot 49 of Tract 2319, as per Map recorded in Book 43, Pages 74 to 76, of Maps, in the Office of the County Recorder of said County of Riverside; Thence North 76°21'30" West, (formerly recorded North 76°19'50" West) 223.66 feet to an angle point in the existing right-of-way line of Ontario Avenue as shown on Map of Tract 2585, recorded in Book 47, Pages 10 to 14, of Maps, in the Office of the County Recorder of said County of Riverside, said point being the to the True Point of Beginning said last mentioned point is also the most Southerly corner of that certain parcel of land conveyed to D.N. Schneider, a married man, by Deed recorded March 6, 1967 as Instrument No. 18448 of Official Records; Thence North 81°21'00" West along the Southwesterly line of said parcel, 9.36 feet to the mast Westerly corner thereof; said last mentioned point being on the right-of-way line of Avenue G which is a line parallel with and 44 feet distant from and measured at right angle to the centerline of Ontario Avenue, as shown on said Map of Tract 2585, said point being also the beginning of a curve which is tangent to said right-of-way line, is concave Westerly and has a radius of 554.00 feet; a radial line through said point bears North 81°21'00" West; Thence Southwesterly along said curve through a central angle of 4°25' 00", an arc distance of 41.93 feet; Thence radially to said curve, South 76°56'00" East, 3.13 feet to the Southwesterly corner of Lot U of said Tract No. 2585; Thence along the Westerly line of said Lot U, North 19°12'25" East, 42.86 feet to the True Point of Beginning. Exhibit A, Page 1 EXHIBIT A (Continued) Parcel 3: Those portions of Lots B and U of Tract No. 2585, in the County of Riverside, State of California, as per Map recorded in Book 47, Pages 10 to 14, of Maps, in the Office of the County Recorder of said County, and that portion of the Tomas Yorba Allotment in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County Recorder of San Bernardino County, California, described as follows: Beginning at the most Westerly corner of Lot 49 in Tract 2319, as per Map recorded in Book 43, Pages 74 to 76, of Maps, in the Office of the County Recorder of said County, said point being also on angle point in the Easterly line of said Lot B; Thence North 76°21'30" West, (formerly recorded as North 76°19'50" West), 223.66 feet to an angle point in the Westerly line of said Lot U; Thence North 81°21'00" West, 9.36 feet to the Easterly line of Wardlow Avenue, (formerly known as Ontario Avenue), 88.00 feet wide; Thence along the Easterly line of Wardlow Avenue, North 8°39'00" East, 127.80 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 70°33'13", an arc distance of 1.6.01 feet to a point being at the beginning of a reverse curve, concave Northwesterly and having a radius of 111.00 feet, a radial line through said point bears North 10°47'47" West; Thence in a direct line, South 84°42'25" East, 244.76 feet to a point in the Westerly line of said Tract No. 2319, distant thereon North 15°29'00" East, 175.00 feet from the Point of Beginning; Thence along said Westerly line, South 15°29'00" West, 175.09 feet to the Point of Beginning. Except that portion described as follows: Beginning at the most Westerly corner of Lot 49 in Tract 2319, as per Map recorded in Book 43, Pages 74 to 76 of Maps, in the Office of the County Recorder of said County; said point being also on angle point in the Easterly line of said Lot B; Thence North 76°21'30" West, (formerly recorded as North 76°19'50" West), 223.66 feet to an angle point in the Westerly line of said Lot U; Thence North 81°21'00" West, 9.36 feet to the Easterly line of Wardlow Avenue, (formerly known as Ontario Avenue) 88.00 feet wide; Thence North 8°39'00" East, 127.80 feet on the Easterly line of Wardlow Avenue, to the to the True Point of Beginning, said point being also the Beginning of a tangent curve, concave Southeasterly, of 13.00 feet radius; Thence Northeasterly 16,01 feet on said curve, through a central angle of 70°33'13" to that certain course of the South line of the land described in the Deed to the County of Riverside recorded January 27, 1971 as Instrument No. 8344 of Official Records, Cited therein as "South 43°55'37" West, 15,02 feet"; Thence South 43'55'37" West, 15,02 feet to the True Point of Beginning. Parcel 4: An easement for driveway purposes over that portion of Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County 'Recorder of San Bernardino County, California, described as follows: Beginning at the terminus of that certain tangent curve concave Southeasterly of 13.00 feet radius; said point being at the beginning of a reverse curve, concave Northwesterly of 111.00 feet radius; Thence Northeasterly along said curve through a central angle of 25°48'35 an arc distance of 50.00 feet; Thence radially to said curve, South 36°36'22" East, 32.29 feet; Thence North 84°42'25" West, 64.93 feet to the Point of Beginning. APN: 102-091-020-5 Exhibit A, Page 2 re-rr a, AM 10-1 u-i M-M1 re/4 ar 1rJr Of wli Flra p01 . -r a 60-E0I sr/ 6L81 AON 3.7*1113-1-- ; I377P 9199/ F6-96/1•/11Vd 1690 (ION 16,10d 1111 Nil S9SZ 'oN 1,011 b!-0l11b '9'W 61.E? 'oN Wo11 91-6•1/F10 9W 6' FP lf0 rs .r AV (n n• rrr Wsr0 �p y r ar ti `q 7M �Or N®0r h O a p d lord i 1 '6ro • g C C 4- ,DCa ^s .[l � r rr/Irr wr v »� 1t f�Y.7T1 'lylst ri Fo,sr, PA' .1r..i.r - - - .arlrr 0* 6V fret 'v d 1 16 J/7301Sa3Ara 60OS tO1'A8 SPIV s.aoss3ssr f r� ..,. M .1.1... `' a4 I'f�,� Lk, . o- y j'4�I yY 0' es rN 4 ® I; � N® Z;rit soh n • r0 ey ea. �11.aa i6?. i ►IJ6,0� f ©1- y ,% a� !/ nrry ° Y- 4 1 V6A10.4 ►►ildgIS d7 -0Y W0d1 MI.8 rS F1 `90:73S YOB nr wog 411 ,° �s 1, 1 f I7N0 SISGyylld 1M7wSS3SSV ear Sr s►w SrNi Exhibit A, Page 3 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-091-020 (CPN 22130): Chevron USA Inc. P.O. Box 1392 Bakersfield, CA 93302 Chevron USA Inc. 2270 Highway 91 Corona, CA 92882 Chevron USA Inc. P.O. Box 7643 San Francisco, CA 94120 Sean P. O'Connor, Esq. Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993 DATED: July 26, 2013. 17336.02i0018086973.1 Record Owner Record Owner Record Owner Courtesy Copy Frances White 714 513 5130 Si,eppard Mullin 05.58.06 p.m. 09-10-2013 1 !4 SheppardMullin Sheppard Mullin, Richter & Hampton LLP 650 Town Center Dnve. 4m Floor Costa Mesa. California 92626-1993 714.513.5100 main 714 513-5130 fax www,sheppardmullin com FAX COVER SHEET "" THIS FAX TRANSMISSION WILL NOT BE MAILED "" Date: September 10. 2013 File Number: ONAS-164945 Total number of pages: If all pages are not received, please call (including 1-page cover sheet) 4 Sheppard Mullin at 714.513.5100 TO: Fax No. Telephone No. Jennifer Harmon Riverside County Transportation Commission 951-787-7920 951-787-7141 From Sean P. O'Connor Re: Chevron - Riverside County Transportation Project MESSAGE: Attached please find correspondence of today's date. p, E©Envy SEP 1 1 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION NOTE THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL CR ENTITY TO WHICH IT IS ADDRESSED, AN4 MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DJSCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S POSTAL SERVICE THANK YOU SMRH 410085907.1 SMRII 4/0086011 1 714 513 5130 Sheppard Mullin 05:58:16 p.m, 09-10-2013 214 SheppardMullin September 10, 2013 Via Email jharmon@rctc.org Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 lemon Street, 3ro Floor Riverside, California 92501 Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive. 4th Floor Costa Mesa, CA 92626-1993 714.513,5100 main 714 513.5130 mam fax www.shepparorruiiin.com 714 424.2846 direct soconnor©sheppardm ullin. com File Number. oNAS-164945 Re- Chevron — Riverside County Transportation Project 309 S, Main Street, Corona, California (the "Subject Property") Dear Ms. Harmon We have received notice of the Riverside County Transportation Commission's ("RCTC") intent to adopt a resolution of necessity authorizing the taking of certain portions of the Subject Property by condemnation for the SR-91 Corridor Improvement Project. Based upon this notice, the RCTC's healing is scheduled for September 11, 2013, in Riverside, California. The purpose of this letter is to provide written objection on behalf of Chevron U.S A. Inc. ("Chevron") to the adoption of the resolution of necessity in lieu of (or in addition to) personally appearing at the hearing. Accordingly, whether or not we appear at the hearing, we request that this letter be included as part of the formal record on that agenda item. Chevron objects to the adoption of the resolution of necessity on each of the following specific grounds 1 RCTC Failed To Extend A Legitimate Precondemnation Offer Pursuant To Government Code Section 7267.2. Government Code section 7267.2 requires that RCTC make a legitimate offer of just compensation based upon an approved appraisal prior to initiating condemnation proceedings. A written statement and summary basis for the offer must include sufficient details to indicate clearly the basis for the offer. (Gov. Code. § 7267.2, subd. (b).) RCTC's precondemnation offer is invalid insofar as it was based on an artificially low valuation of the property interests to be acquired from the Subject Property. In particular, RCTC's proposed acquisition of a strip of the Subject Property will have a devastating impact on the Subject Property and a resulting significant diminution in value to the remainder part of the 714 513 5130 Yleppa'd V u 'rn 05:58 30 p.m. 09-10-2013 3i4 SheppardMullin Jennifer Harmon Clerk of the Board September 10. 2013 Page 2 Subject Property. As RCTC acknowledges, its proposed project will result in the complete elimination of the northern most driveway to the Subject Property along Main Street. This driveway is crucial to the accessibility to the site and the ons;te operation, not just for passenger vehicles but for fuel tanker delivery trucks. Notwithstanding this. RCTC concludes that there will be no severance damages to the remainder of the Subject Property as a result of the proposed acquisition RCTC's offer did include an element of so-called "curable damages" in the amount of $48,608, but such "curable damages" only address issues related to the replacement/rebuilding of signage, landscaping and hardscape features. These curable damages did not take into consideration other necessary site modifications that will be needed to diminish the severe impact of the loss of the northern most driveway on Main Street RCTC Failed To Negotiate In Good Faith Pursuant To Government Code Section 7 267.1, Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to seek to acquire that property first by negotiation (Johnston v Sonoma County Agricultural Preservation & Open Space Dist (2002) 100 Cal App 4th 973 ) "The public entity shall make every reasonable effort, to acquire expeditiously real property by negotiation " (Gov. Code, § 7267.1, subd. (a)) The duty to negotiate is designed to avoid litigation "In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts. to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices. public entities snail to the greatest extent practicable, make every reasonable effort to acquire property by negotiation " (8 Witkin, Summary of Cal Law (9th ed 2004) Const. Law, § 972) As noted above. RCTC's recent offer was based on an artificially low valuation of the interests to be acquired from the Subject Property. Chevron objected to this approach and brought the issue to RCTC's attention, but RCTC has failed to make a revised and proper offer This is an example of RCTCs refusal to engage in good faith negotiations with Chevron. As RCTC's offer was predicated upon an artificially low valuation of the interests to be acquired from the Subject Property that offer was inadequate as a matter of law and would not constitute an effort to acquire the property interests "expeditiously and by negotiation" as required by California Government Code section 7267 1 (Gov Code, § 7267.1.) 3 RCTC's Proposed Project Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good and The Least Private Injury. One of the necessity components that must be analyzed when considering the adoption of a resolution to authorize the taking of private property is whether the proposed project for which the property is sought to be taken is planned or located in a manner that is most 714 513 5130 Sheppard Mullin 05:58:49 p.m. 09-10-2013 d !d SheppardMullin Jennifer Harmon Clerk of the Board September 10. 2013 Page 3 compatible with the greatest public good and causes the least private injury. (Code Civ. Proc., § 1240 030, subd. (b).) In the absence of substantial evidence supporting the RCTC's determination as to the planning and location of the proposed project, the Resolution of Necessity is invalid. In this case, the SR-91 Corridor Improvement Project as proposed takes a strip of land on the western boundary of the Subject Property, which by itself would not necessarily have a devastating impact on the remainder of the Subject Property. However, as addressed above, the project as proposed also results in the complete elimination of the northern most driveway along Main Street. This driveway is crucial for the accessibility to the site and the circulation on the Subject Property. The project could have and should have been designed in a manner that retains the northern most driveway along Main Street. The project was not so designed, and therefore violates the "least private injury" requirement 4 RCTC's Attempt to "Piece Meal" the Project Violates the California Environmental Quality Act. There should be no debate that RCTC's taking of the Subject Property for the SR-91 Corridor Improvement Project constitutes - "project" within the meaning of CEQA. (Pub. Res. Code, § 21065.) Yet, it appears that RCTC is attempting to circumvent its duties and obligations under CEQA by "piece mealing" this massive freeway expansion project into small segments. RCTC's conduct violates the precepts under CEQA and ignores the multitude of potentially significant environmental, impacts that might result from the project, including, but not limited to, traffic impacts, air quality, land use planning, ground stability, and noise. As of today's, date, RCTC cannot have completed a proper CEQA analysis since it has not considered the environmental impacts stemming from the entire SR-91 Corridor Improvement Project, as a whole. Based upon the foregoing objections, Chevron respectfully requests that the RCTC not adopt the resolution or, at a minimum, continue the hearing on this agenda item until such time as the objections are addressed. If RCTC has any questions or comments concerning the content of this letter, it should contact the undersigned at the number listed above. Very tr.afvt yours, can P O'Connor SHEPPARD, MULLIN RICHTER & HAMPTON LLP SMRH 410079379 1)--3 `f , ei fir, 21f , -34 SheppardMullin August 8, 2013 Via U.S. Mail -D)ECOl!n\WEr- kodtrrisIiii COUNTY TRANSPORTATION COMMISSION Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3ftl Floor Riverside, California 92501 Re: Chevron — Riverside County Transportation Project 309 S. Main Street, Corona, California Dear Ms. Harmon Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993 714,513.5100 main 714,513.5130 main fax www.sheppardmullin.com 714 424.2846 direct soconnor@sheppardmullin com File Number: ONAS-164945 This firm represents Chevron U.S.A. Inc. ("Chevron") owner of real property located at 309 S. Main Street, Corona, California ( the "Subject Property"). This letter serves as notice of Chevron's request to appear and be heard at the Riverside County Transportation Commission's ("RCTC") Resolution of Necessity hearing scheduled for September 11, 2013 at 9:30 a.m. Please contact me with any questions. Very tr ours, h&- ean ' O'Connor SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SM RH:409781235-1 .eet-Z‘e Order No.: 121128t3-903-CMC Guarantee No.: 12112813-1-E LITIGATION GUARANTEE (V2) O * N � `� + 3 _ 073 SCHEDULE A 1V 1V Order No.: 12112813-903-CMC Guarantee No.: 12112813-1-E Liability: S75,000.00 Fee: S485.00 i. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: August 2, 2012 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Chevron U.S.A. Inc., a California Corporation 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNER Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7257.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: July 26, 2013. BEST BEST & KRIEGER LLP By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Temporary construction easement (TCE)" refers to the right of ROTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.0210018088250. I i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2R 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22260-1 Fee Acquisition APN 117-114-011 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the documents recorded October 30, 1981 as Document No. 204035, September 2.5, 1981 as Document Nos. 180469 through 180473, and February 15, 1989 as Document No. 46844, of Official Records of said County, described as follows: Beginning at the intersection of the existing southerly right of way line of Third Street as said line is described in that Document entitled "Right of Way Dedication for Public Street" recorded September 23, 1985 as Document No. 213522 of Official Records of Riverside County, said line lying 34.00 feet southerly of and perpendicularly distant from the original centerline thereof, with the existing westerly line of the north -south alley in Block 166 of the plat of "South Riverside Town Site" as said block is shown on the map filed in Book 9 of Maps, Page 8, San Bernardino County Records, said existing westerly line Iying 10.00 feet westerly of and perpendicularly distant from the original centerline of said alley; thence North 81 °57' 13" West 93.95 feet along said southerly right of way line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 25.00 feet; thence westerly continuing along said southerly right of way line and along said curve 0.72 feet through a central angle of 01°39'31" to a point thereon, said point being the True Point of Beginning; thence South 54°36' 19" West 22.79 feet to the beginning of a non -tangent curve concave westerly having a radius of 427.00 feet, to which point a radial line bears South 79°01' 17" East; thence southerly along said curve 142.25 feet through a central angle of 19°05' 16" to the southerly line of that certain parcel being a former portion of Main Street as vacated per said Document No. 46844; thence North 81 °56'14" West 7.75 feet along last said line to a point on the westerly line of said parcel described in said Document No. 46844, said point being the PA2PTG01050I1SURVEYIL.I GAL5122260_,APNI_1l1-114-0I11Legals122260-1_FEE-R2.doc 9/27/2012 Page 1 of 2 PS CAMAS beginning of a non -tangent curve concave westerly having a radius of 400.00 feet, to which point a radial line bears South 59°00'37" East; thence northerly along said westerly line and along said curve 137.64 feet through a central angle of 19'42'54" to a point on the southerly right of way line of said street dedication parcel, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 25.00 feet, to which point a radial line bears North 71°38'31" West; thence northeasterly along said southerly right of way line and along said curve 34.05 feet through a central angle of 78°01'47" to the True Point of Beginning. Containing 1,105 square feet. See Exhibit `AT attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 9 27./2 P:12P1'GO1050!\SURVEYIL.EGAL5122260_APN_117-114-0 I llLeaels122260- 1_FEE-R2.doc 9/27/2012 Page 2 of 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22260-1 FEE CHEVRON U.S.A., INC. 1,105 SO.ET. 117-114-011 SEE DETAIL "A" THIRD ! SHOWN - - - - - _ -- -I - - E--- i T POB ! I HEREON STREET I POB ! W H R=25.00' M 1 ° L=34 .77' 1 N81 57' 1 3"W I � �lj A=79°41'19" N71 °38'31 "W(R) ,+Idi y 93.95' 554°36'1 9"W 1 I 18' I (R=25.00 �` I o 1 22.79' f 5I78°43'32"E(R) 1a" I In �� S79°01 '1 7"E(R) $ / PROPOSED R/W to R=400.00' � in „ L-137.64' DOC. NOS, 2040355 _ A=19°42'54" �4 180469 THRU 180473 L to & 468445 O.R. EXISTING R/W I� ,�3 1 vr FOR. O LJTS 7-12 o j j jy- Iw O o a (22260-1 ��r aJ'LC1C 1 66 °co 1�I / � 1/ ,7 b7 SAN ilER `LARD 11N DO, rREC , / S "' N§1 °56'1 4"W P ' 7.75' 0 I I S�9°Op� I559°56`Oi"E(R) � 37'�lR) � 78' u� �� o o % .i S81 ° 56 "1 4"E 1 49.51 1 ! a �� '- % �Q� 717-114-012 1 7 7- 1 14-003{6 � / / - -- - — TPOB { 25,00' �3a.�7' �' N81°57'13"W—_. 93.95 p_7g°a1'19 �� L=0.72' LEGEND �; L=So •d /11 4 0� A=01 ° 39'31 " POD Indicates Point Of Beginning / n=7a ,.\°) N06°23'16"E(R) TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing °,510 � A DETAIL "A" C 7 Title to State� �� i`� 1JL Access ProrObited / SCALE: 111=4` NOTES Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 2 6 0- 1 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. I FEET 0 20 40 80 120 PREPARED BY: PSOMAS 3 Hutton CEnte-± CrCve. Ste. %DO Santa Ana, Calilarr a 8?-707 f/1414a1-90531f71d1515-8663 !Fax} DATE: 11-03-11 REV.: 09-27-12 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS o 8 R I V 91 6.4 1 1 2 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 -73 24 25 26 27 28 79 30 31 PS OMAS EXHIBIT `B1' LEGAL DESCRIPTION Caltrans Parcel No. 22260-2 Temporary Construction Easement APN 117-114-011 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the documents recorded October 30, 1981 as Document No. 204035, September 25, 1981 as Document Nos. 1.80469 through 180473, and February 15, 1989 as Document No. 46844, of Official Records of said County, described as follows: Beginning at the intersection of the existing southerly right of way line of Third Street as said line is described in that Document entitled "Right of Way Dedication for Public Street" recorded September 23, 1985 as Document No. 213522 of Official Records of Riverside County, said line lying 34.00 feet southerly of and perpendicularly distant from the original centerline thereof, with the existing westerly line of the north -south alley in Block 166 of the plat of "South Riverside Town Site" as said block is shown on the map filed in Book 9 of Maps, Page 8, San Bernardino County Records, said existing westerly line lying 10.00 feet westerly of and perpendicularly distant from the original centerline of said alley; thence North 81'57'13" West 93.95 feet along said southerly right of way line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 25.00 feet; thence westerly continuing along said southerly right of way line and along said curve 0.72 feet through a central angle of 01°39'31" to a point thereon; thence South 54°36' 19" West 15.58 feet to the True Point of Beginning, said point being the beginning of a non -tangent curve concave westerly having a radius of 432.00 feet, to which point a radial line bears South 79°42'46" East; thence southerly along said curve 98.09 feet through a central angle of 13°00'32"; thence South 66°42'14" East 5.00 feet to a point, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 437.00 feet, to which point a radial line bears South 66'42'14" East; thence southwesterly along said curve 47.60 feet through a central angle 1":2PTG0I0501\SURVEYILEGALS122260_APTI_I 17-I I4-0I11Ltgais122260-2_TCL--R3 doe 9/_'7n012 Page I oft 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /8 29 30 31 PSOMAS of 06'14'28" to the southerly line of that certain parcel being a former portion of Main Street as vacated per said Document No. 46844; thence North 81 °56'14" West 10.77 feet along last said line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 427.00 feet, to which point a radial line bears South 59°56'01 " East; thence northerly along said curve 142.25 feet through a central angle of 19°05'16"; thence North 54°36'19" East 7.20 feet to the True Point of Beginning. Containing 965 square feet. See Exhibit 932' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983,.Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date "27/2 PA2PTG0105011SURVEY1LEGAL5122260_APN3_I I7-1 14-01 IkLega1s12226Q-__TCE-R3 doe 9/27/2012 Page 2 of 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22260-2 TCE CHEVRON U.S.A., INC. 965 SQ.FT. 117-114-011 SEE DETAIL A11 THIRD SHOWN ------i - - - - - - u i � TPOB STREET HEREON _ _- - r- ------------POB - � I c] I ' I-- R=25.00' InCC L=34.77' 1 N81°57'13"W (1) • A=79° 41 ' 1 9" / 93.95' 7.20' �� S54° 36'1 VW °38'31 I N54°36'19"E 18' o I 71 "W(R 1 5.58' {R=25.00` � a, o i I� 579°42'46"E(R) 8' ! 578°43`32"E(R) �, - ° 1 (R=400.00'-' o i� S79 01 '1 7"E(R) 6, " _ • ! PROPOSED R/W ,T i_';;"' DOC. NOS. 204035, � R=400.00' " 0 180469 THRU 180473 - L=137.64' /0& 46844, O.R. w =19°42`5411 N ,� ri v �; 1 � a S66°42'1 4"E(R) ,�, CC 5.00 i I I I� IW 0 _ 7r a (22260- 2 ti ° oo '; FOR. OF LOTS 1- 1 2 0 jar o 8L OCK I )6 M.B. 9/8 I 1/4Rr�-S o SAN gERNARD I NO CO. Rr C . r y / R=437.00' L=47.60` EXISTING RAN I � �=06° 1 4'2811 ,Q I � I /-------________,_______L,,,,E59°da'560°27'45"E(R) 18� a ) O %S59°56`01"E(R)/ o S81 56'14 E 149.51 q • , �Pf / 1 0.77' 1 1 7-1 ] 4-003 116' 1 1 7- 1 14-012 °56'1 �, / N81 4"W 25,001, TPOB �� F �3q.77 N81°57'1311W } 9 93.95 A Y79° 4} L=0.72' LEGEND 4,� 0=01 °39'311' PaB Indicates Point Of Beginning ,ti) ' N06°23'16"E(R) TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ° 3(0 DETAIL "A' C ) Title to State �A�hh _L1.1J- Access Prohibited / SCALE: 111=4' NOTES Coordinates and bearings are on CCS 1983(2007.00) 7one G. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 2 6 O- 2 ITMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 20 40 80 120 PREPARED BY: PSOMAS i NLf t, i 1:i 1 DATE: 11-03-11 REV.: 09-27-12 EA: OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 6.4 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 117-114-01 I {CPNS 22260-1 and 22260-2}: Chevron U.S.A. Inc. , P.O. Box 1392 Bakersfield, CA 93302 R. W. Mullane Chevron U.S.A., Inc. Southwest Division P.O. Box 2833 La Habra, CA 90631 Chevron U.S.A. Inc_ c/o Jasper County Title Company P.O. Box 775 Carthage, MO 64836 Chevron USA Inc. P.O. Box 1392 Bakersfield, CA 93302 Sean P. O'Connor, Esq. Sheppard Mullin Richter and Hampton 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993 DATED: July 26, 2013. 17336.02100180832 77.1 Record Owner Record Owner Record Owner Record Owner Courtesy Copy 4incbcdJ__ Frances White /-4f/z,v, o?.7e frq Order No.: 121 10389-903-C:MC Guarantee No.: 12110389-1-E LITIGATION GUARANTEE (V2) SCHEDULE A RON no. 13-o2An Order No.: 12110389-903-CMC Guarantee No.: 12110389-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: June 27, 2013 at 8:00 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: HGN Corona Partners, LLC, a Delaware Limited Liability Company 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81(121 Litigation Guarantee Page 1 CI, CA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNER Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.0210018088077.1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -1h 27 28 29 30 31 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22089-1 Fee Acquisition APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as Instrument No. 051262, Official Records of said County, described as follows: Commencing at the most southerly corner of said Property "A"; thence North 43°16'36" East 38.49 feet along the southeasterly line of said Property to the True Point of Beginning; thence continuing along said southeasterly line North 43°16'36" East 340.89 feet to the beginning of a curve concave northwesterly having a radius of 2947.00 feet; thence northeasterly along said curve and said southeasterly line 208.33 feet through a central angle of 04°03'01" to the most easterly corner of said Property; thence North 42°38'43" West 19.56 feet along the northeasterly line of said Property; thence South 64°24'06" West 5.90 feet; thence South 40'58'22" West 100.48 feet; thence South 37'09'32" West 105.23 feet; thence South 40°58'22" West 93.02 feet; thence South 40°57'231' West 247.15 feet to the True Point of Beginning. Contains 6692 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6.2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described, The mean combination factor for this conversion is 0.99997476. M:12PTG010541\5URVEIALEGALS122089_APN_101-290-0211Legals122089-I.docx Page 1 of 3E16E20! 2 i 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ,O 29 30 31 PSOMAS See Exhibit `AT attached hereto and made apart hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's ruts or access, appurtenant to Grantor's remaining property, in and to said freeway. Prepared under the direction of: 3-15-tv1'L Jeremy L. Evans, PLS 5282 Date MA2PTG0105011SURVEYILEGALS\22089 APN_ 101-290-0211Lega1s122089-1.docx Page 2 of 3/ 16/2012 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22089-1 FEE HGN CORONA PARTNERS 6692 SOFT. 101-290-021 =a° 21 '04" R=467.00 _ ROAD L=3� ...- ---- _ - ��� RIVER - 52' R I 565° 26' N _ 2°OT'29" GREEN 59g�-� R=1035•�0 � � v3$.31� �� w ,�65° 1 ra' 1 ?„W �Rl N2-. --- - ;�Ji� ;JA;-err I cn E • --- s88° Oe Oa P , NJ , 1 01 1 3 �. In 30.00 � o �, PROPERTY "A.. i� , l�il, S , '}5/�5-'�� ' � o �, v, L.L.A. No. 3549 \I • � TPOB INST. No. 0512C2, O.R. 3 cZ raj 10 '0 �� 17� 1 /I 7 o �` a p,q REC. 02/1 3/1 992 ofTv) `� �� oPOSE� r ��� S42q 22�89— �� . � V'N. 7 7 23 4-- -15'` �3$•4 9 34p • 89, N430 6,36 E. IST]NC R/W POC�?� ° Q O D '� 1i l LO i S4p 58,22,W ° v)o �co � UI� rn _ 93.02' S307 09'32„W (4tri Z c� { {1r _ _ _ 5.23' L� , O In — ., .. _ Z947' ROUT 4-4 °03 , 00 „ a 9 97 RJVERS�°°46'�5„E (RJ cn cri DE FREE wq r Qa 1 2 ROU rE 9s Cif SrjRSA r7N GIDE FREEw4 Y 4 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Paint Of Beginning (R) Indicates Radial Bearing ( ) Title to State i t i i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 U Q 9- 1 FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. 1-- FEET 0 5o tOG 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drfve, Ste. 200 Santa Ano, Caiifornia 92707 {7141751-7373/1774}545-B883 i.0•'• DATE:02-09-12 REV.:02-28-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 0, g 1 1 E 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `B1' LEGAL DESCRIPTION Ca!trans Parcel No. 22089-2 Permanent Wall FootinS Easement APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as instrument No. 051262, Official Records of said County, described as follows: Beginning at the most southerly comer of said Property "A": thence North 43° 16'36" East 38.49 feet along the southeasterly line of said Property; thence North 40°57'23" East 247.15 feet; thence North 40°58'22" East 93.02 feet; thence North 37°09'32" East 105.23 feet; thence North 40°58'22" East 100.48 feet; thence North 64'24'06" East 5.90 feet to a point on the northeasterly line of said Property, said point being North 42°38'43" West 19.56 feet from the most easterly corner thereof; thence North 42°38'43" West 6.28 feet along said northeasterly line; thence South 64°24'06" West 5.30 feet; thence South 40°58'22" West 101.93 feet; thence South 37'09'32" West 105.23 feet; thence South 40'58'22" West 92.83 feet; thence South 40'57'23" West 285.25 feet to the southwesterly line of said Property; thence South 44°30'51" East 4.46 feet along said southwesterly line to the Point of Beginning. Contains 3513 square feet. The distances described herein are grid distances anti are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:12PTG010501ISURVE:YILI;GALSQ2089_APNW101-290-0211,egals122089-2.docx Page 1 of 3/1312012 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS See Exhibit `132' attached hereto and made apart hereof. Prepared under the direction of: 3 -16 - Zv 1 Z. Jeremy L. Evans, PLS 5282 Date M:12PTG0105011SURVEYILEGALS122089_APN_101-290-02Itegals122089-2.docx Page 2 of 2 3/13/2012 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22089-2 ESMT HGN CORONA PARTNERS 3513 SO.FT. 101-290-021 p-4° 21'04" N R=467.00 — 565° 28"52"E (R ) RpAD L=35.___ RIVER n' p_2° 07 2g " GREEN - - 599.23, o Ri1033i00 r �,_ ° 15'17"w �Ri �38.3 _ � �— ' N63 - 1,a7 23 3g� _ - POR ., PARCEL 2 M. 8° °8'04" E PROPERTY ( _ w 58 p0, RO E R T Y A � . J�II , 1 � 11.E 'M {�1 cu 3Q. L.L.A. No. 3549 P.,M,8, 'i /65-66 �,. INST. No. 051262, O.R. 'nn' REC. 02/13/1992 EL' �� .0 r7j 1� Ifs e� 1rj \ r? — , 2)�� NO `�22089- -�� a �r� 1 _ _ PR ,�� /co' c o OPpSD ��W _ _ 'o t l] �� o o POB — — _ jNc R/w - - - __ R _ 8 �U TE 9 7 R j V � - ._ 9 ERS jDE FRE 40 EWq Y SEE SHEET 2 FOR DETAIL "A" ROUTE r 0 Ca S r 9 i RI VERSID 2 A rlOIVING E FREEW4 y 3 11/ 4 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning 4R1 Indicates Radial Bearing ( ) Title to State I I I i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain (� 2 2 Q 8 9- 2 PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 05 00 200 300 PREPARED BY: PSOMAS DATE: 02-09-12 REV.:02-28-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV 91 0.8 1 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22089-2 ESMT HGN CORONA PARTNERS 3513 SOFT. 101-290-021 FOR, FARC,ir 1 J ' PROPERTY "A" P ° NI , 1 0 1 13 L.L.A. No. 3549 F, M. 8. 5/65- 6 -tjj INST. No. 051262, O.R. o REC. 02/1 3/1992 o a^ s Sa n! - 224$9-2 o I __ co- a. 4-c, PROPpSEp R/w P • v- a `� -S4o° _ - y y ' 57 23"W 285,2 ` S4p°58,2 , ` `n o co ` L 1' _s ��92.83'w S37°09_'32'yy v 3�.49' 340.8 +' `-c - �— 105J23' 543a16,36„W 9 L4 a POB 379.37' ----- cQ v � co m M N _- v) , 2294 7p, YRpgG 1:1-915-6: 4'4°03:01_" _Li - DETAIL "A" Z 0�o inn' c o . NOT TO SCALE .-in 14-/ a if-) v cU w Z P 0 LINE DATA cQ B BEARING DISTANCE v) LEGEND L1 N40°57'23"E 247.15' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L2 L3 L4 N40°58'22"E N37°09'32"E N40°58'22"E 93.02' 105.23' 100.48' C ) Title to State II !I l Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22089-2 PERMANENT WALL FOOTING EASEMENT NO SCALE PREPARED BY: PSOMAS DATE:02-09-12 REV.:02-28-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 0.8 2 2 PSOMAS EXHIBIT `C1' I.EcAi, i Escit1PT1(?ti Ca'trans Parcel No. 22089-3 Temporary Construction Easement APN 101-290-021 In the City of Corona, County of Riverside, State of California, being a portion of Property "A" of Lot Line Adjustment No. 3549, recorded February 13, 1992 as Instrument No. 051262, Official Records of said County, described as follows: Commencing at the most southerly comer of said Property "A", thence North 44°30'51" West 4.46 feet along the southwesterly line of said Property to the True Point of Beginning; thence continuing along said southwesterly line North 4490'51 " West 10.03 feet; thence North 40°57'23" East 284.46 feet; thence North 40°58'22" East 92.49 feet; thence North 37°09'32" East 136.97 feet: thence North 39°26' 17" West 4.85 feet; thence North 46°48'33" East 76.31 feet to the northeasterly line of said Property; thence South 42°38'43" East 11.31 feet along said northeasterly line to a point lying 25.84 feet from the most easterly corner of said Property; thence South 64°24'06" West 5.30 feet; thence South 40°58'22" West 101.93 feet; thence South 3709'32" West 105.23 feet; thence South 40°58'22" West 92.83 feet; thence South 40°57'23" West 285.25 feet to the True Point of Beginning. Contains 6176 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `C2' attached hereto and made apart hereof. M:QPTG0105011SLTRVEYILEGA LS122089_APN_101-290-02Ptegals122089-3.docx Page 1 of 3/13/2012 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PSOMAS Prepared under the direction of: C., .5..d 3-16 - 201 Jeremy L. Evans, PLS 5282 Date M:12P iv0105011SURVEYILEGALS122089_APN_ 101-290-021 \Legals'22089-3.doex Page 2 of 2 3113t2012 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA A P N 22089-3 TCE HGN CORONA PARTNERS 6176 SOFT. 101-290-021 Q R�467.00 0 565°28'52"E (R) R RpAD �^3��� � r p _ - cam, u-G, o rn ' RIVER GREEN Zo 07' 29 599.2' �--c �- 3.00 -- —_� a„W �R0 - 15` R77 ,36�- 23,39„� N63 N22 cp lip 08104E FOR, PARCEL 2 �' No Sg$Q0 PROPERTY I A" P 1�11 1 J 1 i ^�. r7j l� 30• L.L.A. No. 3549 , INST. No. 051262, O.R. P , NJ , a , 5/ J` J'J ig' REC. 02/1 3/1 992 . ��' \ � — — — — (22089- 3 � ` - `� TP0B 0- r. _ pRppOSED R,W - � � _ 'o� i I t0' , ^N y ��_ P �)� 0) � ` z c4 ' , _ c� .. POB `�"ISTING R r \ O �� �� ROUT __ -__ E ~� 91 Rj �__ _ 8 V ERSI DE F 9 REEw4 Y 40 SEE SHEET 2 FOR DETAIL "A" 0 2 1, ROUrE 9, 3 Cif S rq rION fNC SfDE FRET- c WA r a LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) indicates Radial Bearing ( ) Title to State _ i i I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 U S 9- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED By: PSOMAS , Ni,tton Centre Dr1„e, Ste, Epp { 714175T37 T 3I�1714)545998 63 �Fc.) DATE: 02-09-12 REV.: 02-28-12 EA: OF540 FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp 8 RIV t-s _l1 a 0-8 1 2 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22089-3 TCE HGN CORONA PARTNERS 6176 SO.1=T. 101-290-021 FOR, PARCEL L 2 PROPERTY "A" , IYl , J 1 1 IL.L.A. No. 3549 I NST. No. 051 262, O.R. P AII , e , 5/65- 6b REC. 02/13/1992 en o � 22099- 3 {,, ° v- -- z o o v, Mj N4p m P I N40°57 58"22"E g2.4g, N39°26'1 7"W "� Lu ~S4po57 23 E 2g4.46' N37° 4.85' Z `+`.. in cn � 23"W �``--_— 09'32"E co 285.25'� _`g �8 __ 136_97' - co S °4�-3��_ 105�23� w_ A'a 43 16 J6„W 22„W S37°09'32"W Li- 1 _ �— �- 37g 37, L2'► . PROPOSED RAW - TPOB -20g0 R-2�4;, - POB EXISTIN4=4°GRAW 03 p 1 „ . -. Za � DETAIL "A" W r\I NOT TO SCALE i co 0 V O 0 LEGEND LINE DATA POB Indicates Point Of Beginning BEARING DISTANCE / TPOB Indicates True Point Of Beginning {R) Indicates Radial Bearing L1 L2 S40°58"22"W S64°24"06"W 101.93' 5.30' 0 / ( ) Titte to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. Ali distances are in feet unless otherwise noted. 22089-3 TEMPORARY CONSTRICTION EASEMENT NO SCALE PREPARED BY: PSOMAS DATE:02-09-12 REV.:02-28-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV 91 0.8 2 2 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California. more particularly described as Assessor Parcel Nos. 101-290-021 and 101-290-009 (CPNS 22089-1, 22089-2 and 22089-3): HGN Corona Partners, LLC 1 Maritime Plaza, Suite 1665 San Francisco, CA 94111 DATED: July 26, 2013. 17336 02100\8080043.1 Record Owner ANGELO J PALMIERI non -laves ROBERT F WALDRON I1927-199e1 ALAN H WIENER- MICHAELJ GREENE' DENNIS W GNAW DAVID D PARR' CHARLES H KANTER- PATRICK A HENNESSEY DON FISHER GREGORY N WEILER WARREN A WILUANIS JOHN R LISTER MICHAEL H LEIFER SCOTTR CARPENTER RICHARD A SALUS NORMAN J. RODICFt RONALD AI COLE MICHAEL L [' ANGELO STEPHEN A SCHECK T W W W PALMIER'. WIENER, WILHELM &WALDRONLz DONNA SNOW RYAN M EASTER ELISE M KERN MELISA R PERE2 MICHAEL I KEHOE CHADWICK C BUNCH ANISH J BANKER RYAN M PRAGER BLAINE M SEARLE JERAD BELT2 ERIN BALSARA NADERI ERICA M SOROSKY PETER MOSLEM JOSHUA J MARx ERIN K OYAMA STEVEN R GUESS MICHAEL C CHO. OF COUNSEL ROBERT C lHRKE. OF COUNSEL JAMES E WILHELM, OF COUNSEL DENNIS G TYLER° RETIRED -✓' Pn OFf SSIONr. COI/Pp-RATION VIA HAND DELIVERY 2603 MAIN STREET EAST TOWER - SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949)851-9400 www ptwww corn September 10, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street. 3rd Floor Riverside, CA 92501 P 0 BOX 19712 IRVINE. CA 92623-9712 WRITER'S DIRECT DIAL NUMBER (949)651-7294 WRITER'S DIRECT FACSIMILE NUMBER (949) 825-5412 FIRM'S DIRECT FACSIMILE NUMBERS (949) 851-1554 (949) 757-1225 mleller(pptwww com REFER TO FILE NO 369D2-000 Re: Resolution of Necessity. Resolution No. 13-027: 1990 Pomona Road, Corona, CA; APN IO2-040-024: Hansen Beverage Company Dear Ms. Harmon: This firm represents Hansen Beverage Company/Monster Energy Company ("Monster") regarding RCTC's proposed condemnation of portions of the above referenced property for the SR-91 Corridor project. Monster occupies the property under lease with the owner, Watson Land Company. The purpose of this letter is to set forth Monster's concerns and objections to RCTC's proposed condemnation, as explained below. We request that this letter be included as part of the formal administrative record for the September 11, 2013 public hearing on adoption of Resolution of Necessity, Resolution No. 13-027 (Agenda Item #b). Monster objects to the adoption of the proposed resolution on the following grounds: 1056688.1 PALMIERI, TYLER. WIENER. WILHELM &WALDRON= Jennifer Harmon September 10. 2013 Page 2 1. RCTC's precondemnation offer presented to Watson Land Company is inadequate and improper. RCTC has failed to make a proper and adequate precondemnation purchase offer to the owner that satisfies Government Code section 7267.2. RCTC's appraiser valued the property as of April 17.2012, more than a year ago. The offer is based on outdated and stale market data. It understates the fair market value of the property sought to be taken and underestimates severance damages to the remainder property. The market data on which the appraisal is based are, for the most part. more than two years old. In the intervening time, commercial and industrial real properties have experienced, and continue to experience, significant appreciation in values. RCTC should direct that a new, updated appraisal be done and a revised offer be presented to the property owner. 2. The proposed taking is incompatible with the least private injury requirement. RCTC's proposed taking and project construction are not planned or located in a manner that will be most compatible with the least private injury. As a result of the taking and the construction and use of the project in the manner proposed by ROTC, there will be loss of parking spaces, loss of outside fenced storage area, and interference with ingress, egress, and truck loading, affecting Monster's use of the improvements. At the same time, RCTC is taking too little. In the proposed condemnation resolution and related exhibits, the taking needed for the temporary construction easement (TCE) is undersized. As legally described in the condemnation resolution, the TCE sought to be taken is a three-foot wide strip of land along the southerly property boundary (Parcel No. 22127-3). The three-foot TCE aligns the fee take and permanent footing easement take. The stated purpose of the TCE is to take rights necessary to support freeway construction on the fee take and the permanent footing easement area, including rights of ingress and egress. A TCE of only three feet in width is inadequate for purposes of construction activities proposed. RCTC's own engineering consultant, Proactive Engineering Consultants, in its June 8, 2012 Preliminary Site Engineering report (copy attached), found that "a TCE approximately 10' wide will be needed for construction of the new freeway improvements and freeway retaining wall." Moreover, it does not appear that ROTC is taking sufficient rights to enable it to get necessary access to the fee take and permanent footing take areas. A significant portion of the fee take area is an upward slope ascending from the property to the 1056688.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON Jennifer Harmon September 10, 2013 Page 3 freeway. How will RCTC get access to the take areas and do necessary construction activities without using the remainder property for ingress and egress? A temporary easement of ingress and egress over the remainder may be necessary for purposes of construction in the take areas. RCTC should take a TCE adequate to the stated purpose of constructing the project. As proposed, Monster would be burdened with monitoring RCTC's construction activities to determine whether an inverse condemnation action is necessary to recover compensation for the actual, necessary taking. Based on the foregoing comments and objections, Monster submits that Resolution No. 13-027 should not be adopted by ROTC as presently proposed. Thank you. Very truly yours, MHL:mp Attachment cc: Client 1056688.1 ATTACHMENT ROACTIVE ENGINEERING CONSULTANTS PRELIMINARY SITE ENGINEERING SUMMARY REPORT TO MITIGATE IMPACTS SR-91 Corridor Improvement Project (GP) in Corona, CA Watson/Hansen (Monster) 1990 Pomona Rdlitincon Rd. CPN: 22127 .1 "taro tr, V Prepared for: Overland, Pacific and Cutler, Inc. 2280 Market Street, Suite 200 Riverside, CA 92501 PROACTIVE € tI G I p E€ R F 71; C D N S U l I fill f S .r.rl.•r.•.rr E.,,d 01 . •..yl,,.,y .tune S. 2012 Mark I.alionte Overland, Pacific, and Cutler, Inc. 2280 Market Street, Suite 200 Riverside, CA 92501 RE: Preliminary Site Engineering Summary Report to Mitigate Impacts SR-91 Corridor Improvement Project (C1P) in Corona, CA Address: 1990 Pomona Rd / Rincon Rd Use/Known Entity: Monster Warehouse Owner, Hansen Beverage Co. APN: 102-040-019 CPN: 27127 Dear Mark: We have completed: • Site review • Property research for existing utilities and buildings • Discussions with the owner and various members of Overland Pacific and Cutler • Conceptual site plans to mitigate freeway take impacts to demonstrate how the site can still remain functional for the owner • Preliminary cost estimate to accompany the concept site plan. This report summarizes the findings from the above noted effort: General Property Understanding The Riverside County Transportation Commission (ROTC) is proposing to construct freeway widening improvements as part of the SR-91 Corridor improvement Project (OP). This widening will impact the above noted property thru: Land take, landscaping, signage, and parking. .r )In.trrN_, AV. r114•C.+r..n.,1 1)+I/llA I I •r}lrt7q•1 Ill•r51trUir�f:aI.,1vn•r.ye.)aCl IVC QFIgInd0lHt/J.11 ]t OACT1VE E 116111 f. ER R 6 661tst)tSARts nr i,off Of.:.�.�r,. Property impacts 1, General Site: The land take is a wide strip of land along the south boundary of the property. The area taken is approximately 64,838 square feet, and varies in width from approximately 34' to about 85'. The take includes a downslope from the 91 freeway (the freeway is approximately 20' above the site). In addition to the landscaped downslope, the take area is currently used for parking, two propane storage tanks, and property signage. The property boundary at the top of slope is delineated with a six foot high Cantos chain link fence. Proposed Mitigation:: Revise parking and drive isles, landscape, and property signage, The propane tanks can be easily relocated about 60' from their current location. ?, Parking; Approximately 60 parking spaces located along the south toe of slope are impacted by the CIP. Proposed Mitigation: At the direction of the land owner a minimum 70' loading area was provided from the building loading docks. Working from this 70' setback line the yard area was re -planned by shifting drive isles and parking areas. The impacted parking spaces arc being relocated 30'-50' from their current I location as shown in the exhibit. The existing total parking count is I85 spaces. The revised layout provides 184 spaces. Thus the revised layout results in a net 4 !ass of one parking space, i 3. Trash Enclosure(s): No impact. 4. Landscape/irrigation: Approximately 35,700 sf of landscape area is being impacted. This area is made up of the slope descending from the freeway. Presently the slope is landscaped with only ice plant (see photos). Proposed Mitigation: An average live foot wide strip of landscaping is maintained at the edge of the relocated parking along the new property line to provide a landscape buffer to the proposed Caltrans freeway wall. irrigation will be tied into the existing irrigation system. 5. Site Lighting: Three parking lot lights located at the top of the landscape slope along the freeway property line will be impacted Proposed Mitigation: Relocate the light standards in the revised landscape strip areas {see exhibit). .. J,[.NI1, 1 ,t,..„ll. art....• . AWith 1 I .: hri, ',.!tl I •p, old , •y w td.I oeft vi6Bgtre.Pit,tg nrt PROACTIVE Frr rirrlE CRI,4p Qg115111111Hr5 n thins nl Arne n�,••,nPr,ry 6. Property Signage: Two approximately 20' high single pole property signs located at the top of the slope along the freeway property line will be impacted. The signs are not currently being used. Proposed Mitigation: The sign in the southeast corner could be relocated at approximately its cun-ent elevation to just outside the take area. Since it would be at roughly the same elevation as existing, it would be visible from the revised freeway alignment. Since Caltrans is proposing to construct a retaining wall approximately 20' high, the sign in the center of the site would need to have a 301- 40' pole to allow it to be visible from the new freeway. 7. Drainage: No impact. Site generally drains towards west of the site. S. Sewer/Water/Fire Lane: A Ere water loop that follows the toe of slope in the take area will be impacted. This includes two fire hydrants end hvo post indicator valves (P1V). Fire vehicle circulation is not impacted. Proposed Mitigation: The fire water line and accompanying fire hydrants and PIVs will be relocated within the new property line as shown on the exhibit. 9. Building Impacts: No building impact. There is a fenced outdoor storage area that will be reduced in area by about two-thirds. There is no practical mitigation for the fenced storage area. 10, Temporary Construction Easement (TCE): A TCE approximately 10' wide will be needed for construction of the new freeway improvements and freeway retaining wall. The TCE will impact approximately 54 of the revised 62 parking stalls along the new freeway right of way. Proposed Mitigation: An allowance is included for impacts to paving (removal and replacement) within the TCE area that will likely be datnaged during freeway construction. Approximately 30 parallel and head -in parking spaces would be available along the TCE line while the construction fence is in place (See TCE parking exhibit). Thus the net loss of parking during construction will be 62-30= 32 spaces. Id _, d.1•.ur•, .L , r wvr,v.proal I W.,•nq a rve n r59.11ti. 1 ROACTIVE EtICINEERINQ CONSIIlrAM .. .'.'roe +rqd d••••nn lny 1 I. Project Phasing: The TCE will limit the full construction of the relocated parking and landscaping along the freeway. Thus, the proposed improvements will need to be built in phases. First the project signs, parking lot Iights, water line, fire hydrants, PIVs, and propane tanks will need to be constructed and/or relocated. Freeway adjacent improvements for curb, striping, and landscape could not be constructed until the freeway construction fence is removed. An allowance is included for a second move -in. Preliminary Estimate of Costs: The preliminary estimate of costs to mitigate the CIP impacts to the property is $226,300. Sec enclosed cost estimate and exhibit for detail, Thank you for the opportunity to be of service. Sincerely, F Torn Braun, MS, PE Principal 1•11 , ..111.4n.1: •.f.,.• ...,ra"..),1r,1 I •1til •)1n1 , 1 d1 it 4••1 In't VI •q vnrly prOatli cllgisingllnll nrl 1 SR-91 CORRIDOR IMPROVEMENT PROJECT-525 S. Maple St. Corona, CA CPN #22127 APN #102-040-019 Date:6/7/2012 PEC�s .023 (Monster) By: TEB Description I QTY I U/IVI 1 Unit Cost 1 Total SITE IMPROVEMENTS - ALTERNATE 1 Construction Move In 1 LS $2,500.00 $2,500.00 Construction Phasing Allowance 1 EA $1.500.00 $1,500.00 3" AC 16" AB Paving (TCE Impact Area) 3500 SF $2 00 $7,000.00 6" PCC Decorative Paving 0 SF $15.00 $0.00 Relocate Propane Tanks 2 EA $3,000.00 $6,000.00 6" Curb and Gutter 0 LF $12.00 $0.00 6" Curb 816 LF $10.00 $8,150.00 6' Curb Channel 0 LF $15,00 $0.00 3' Ribbon Gutter (6" thick) 0 LF $20 00 $0,00 AC Fogseal 0 SF $0,25 $0,00 1" AC Overlay 0 SF $1.00 $0.00 Light Std. 3 EA $1,500 00 $4,500.00 Water Quality Mitigation 0 LS $10,000.00 $0.00 Tubular steel fence with block pilasters 0 SF $55.00 $0.00 Landscape and irrigation 4,300 SF $3.00 $12,900.00 Erosion Control 1 LS $1,000.00 $1,000.00 Clearing and Grubbing 0 LS $2,500.00 $0.00 OH Import 0 CY $10,00 $0.00 Fine Grading ($1000 Minirnum) 0 LS $0 20 $0.00 Striping 1 LS $2,000.00 $2.000.00 Relocate Alarm System 0 LS $2,000.00 $0.00 Remova181Re 10Cat! CMS : Remove exist. wail 0 LF $20 00 $0.00 Sign Relocation 2 LS $12,000,00 $24,000,00 Power Pole Relocation 0 LS $10,000.00 $0.00 Remove Light Std. 0 EA $250.00 $0.00 Remove Conc. Block Trash Enclosure 0 EA $1,500.00 $0.00 Sawcut and Remove Exist. Ribbon Gutter 0 LF $15 00 $0.00 Sawcut and Remove Exist. Curb and Gutter 0 LF $12.00 $0.00 Sawcut and Remove Existing Curb 0 LF $10.00 $0.00 Sawcut and Remove Exist. AC Pavement 7,800 SF $1 00 $7,800 00 Sawcut and Remove exist. PCC 0 SF $8.00 $0.00 Total Site Improvement Costs $77,350.00 Domestic Water Improvements 10" PVC 760 LF $55.00 $41,800.00 6" Fare Hydrant 2 EA $2,500.00 $5,000.00 End Cap and Thrust Block 0 EA $0.00 $0.00 PIV 2 EA $2,500.00 $5,000.00 Removals: Remove Exist. FDC (in vault) 0 EA $2,500.00 $0.00 Remove Exist. PIV 0 EA $1,000.00 $0.00 Remove Exist. FH 0 EA $1,000.00 $0.00 Remove Exist. 8" ACP Waterline 110 LF $50.00 $5,500.00 Total Domestic Water Improvement Costs $57,300.00 Sewer Improvements 1 Total Sewer Improvement Costs I $0.00 Storm Drain I Total Storm Drain Improvement Costs $0.00 20% Contingency Sub -Total $26.930.00 $161,580.00 Consulting and Agency Fees Mgt of Design and Construction Management (20%) Engineering Fee (Precise GP, Erosion CP, Sign Structural) Survey (Design & Construction) Fee Landscape/Irrigation Design Water Quality Management Plan (WQMP) Preparation Stormwater Pollution Prevention Plan (SWPPP/N01) Preparation City of Corona Plan Check Fees' City of Corona Grading Inspection Fees' City of Corona Building Department Fees" Per City Fee Schedule Effective 7/01 /2011 $26, 930.0 0 $22,000.00 $5,000.00 $5,0aa.oa NIA NIA $4,725.00 $1,005.00 Grand Total $226,240.001 f E g tLIIA11101I0 014l33t4;7K9 ... • Wpm��.. -*.w. a. 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TAKE AREA LOOKING EAST , - - TAKE LIN 4_11- f P; . 0 MONSTER TAKE AREA LOOKING WEST TAKE AREA LOOKING TOWARD SE CORNER MONSTER 91 FWY PROPANE TANKS IN SE CORNER REAR PARKING AREA LOOKING WEST ANGELO J PALMIERI 11925-198VH ROBERT F WALDRON L1927-1999) ALAN H WIENER' ROBERT C IHRKE' MICHAEL J GREENE' DENNIS W GHAN' GAVID G PARR' CHARLES H KAN7ER' PATRICK A. HENNESSEY DON FISHER GREGORYN WEBER WARRENA WILLIAMS JOHN R LISTER MICHAEL H LEIFER SCOTT R CARPENTER RICHARD A SALUS NORMAN J RODICH RONALD M COLE MICHAEL L. D'ANGELO STEPHEN A SCHECK MICHAELC CHO, OF COUNSEL JAMES E WILHELM, OF COUNSEL DENNIS G TYLER' RETIRED PROFESSIONAL CORPORATIQN W W W PALMIERI.TYLER. WIENER. WILHELM &WALDRON= DONNA L. SNOW RYAN M EASTER ELISE AA KERN MEUSA R PEREZ M+CHAEL I KEHOE CHADWICK C BUNCH ANISH J. BANKER RYAN M PRAGER ROBERT H. GARRETSON BLAINE M. SEARLE JERAD BELTZ ERIN BALSARA NAOERI ERICA M SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K OYAMA STEVEN R. GUESS VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 851-9400 www ptwww com September b, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 ii))1E©EOWE - SEP 0 2013 DE COUNTY TRANSPORTATION COMMISSION P O BOX 19712 IRVINE. CA 92623-9712 WRITER'S DIRECT DIAL NUMBER (949) 851-7294 WRITER'S DIRECT FACSIMILE NUMBER (949) 825.5412 FIRM DIRECT FACSIMILE NUMBERS (949) 651-1554 (949) 757-1225 mleifer@ptwww.cvm REFER TO FILE NO 37196-000 Re: Monster Beverages, Lessee of Watson Land Company - Parcel No. 22127-1; 22127-2; 22127-3 Dear Clerk: The purpose of this letter is to notify the Riverside County Transportation Commission that the property owner intends to appear and be heard at the Resolution of Necessity hearing scheduled for September 11, 2013. MHL:mp cc: Client 1035157,1 0/7&tion a o?0?i-?7 Guarantee Number: 12110400 go. l3 -02:7 SCHEDULE A 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: December 19, 2011 at 6:00 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for: Condemnation 4. The estate or interest in the Land which is covered by this Guarantee is: A FEE 5. Title to the estate or interest in the Land is vested in: Watson Land Company, a California Corporation 6. The land referred to in this Guarantee is situated in the County of Riverside, State of California, and is described in Exhibit "A" attached hereto and made a part hereof. CLTA Guarantee Form No. 1 Litigation Guarantee (Rev 12-16-93) Page 2 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7257.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3r1 Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: DATED: July 26, 2013. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST KRIEGER LLP 6n.By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to ROTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of ROTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November b, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. CATemplNetRighllPrint180g8077_ .clot PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22127-1 Fee Acquisition APN i 02-040-024 In the City of Corona, County of Riverside, State of California being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence along the southerly and westerly lines of said Parcel, the following 3 courses: 1. South 82°57'44" West 58.68 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,000.00 feet and to which beginning a radial line bears South 02°31'20" East; thence ? Westerly 805.79 feet along said curve through a central angle of 15°23'22" to the southwesterly corner of said Parcel 1; thence 3. North 07°06'02" East 82.28 feet; thence leaving said westerly line, South 8I °02'48" East 373.25 feet to the beginning of a curve, concave to the north and having a radius of 3,466.00 feet; thence easterly 321.79 feet along said curve, through a central angle of 05°19'10"; thence on a non -tangent line, South 81 °38'02" East 120.59 feet; thence South 88°34'02" East 46.27 feet to a point on the easterly line of said Parcel 1, distant North 09°30'32" East 35.32 feet from said southeasterly comer of said Parcel l; thence South 09°30'32" West 35.32 feet along said easterly line to the Point of Beginning. Contains 64,829 square feet N1:12PTG4105o11SURVE:YILEGA1S122I27_APN_102440-0191Legat122127-1 _dacx l I/26/2012 Page 1 of 2 PSOMAS 1 2 The distances described herein are grid distances and are based on California Coordinate 3 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 4 grid distances by the mean combination factor of the courses being described. The mean 5 combination factor for this conversion is 099997476. 6 7 See Exhibit `A2' attached hereto and made apart hereof. 8 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 10 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 11 Grantor's remaining property, in and to said freeway. 12 13 Prepared under the direction of 14 15 16 Jr- // ZTfz 17 Brian E. Bullock, PLS 5260 Date 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M:12PTG01054113UEiVEYtLEGALS122127_APN_102-040-0191Legall22127-1 docx 11/26/2012 Page 2 of 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22127-1 } 11\IF TAR! F L 1 - 581 ° 38'02"E L2 - 588°34'021'E L 3 - S09° 30' 32"W 102-420-052 102-040-022 102-420-036 PCL 4 P,M,2. 152199-101 P.M. 24150 1�}�1� r p 1-m=v r m N07°06'02';E� 82.28 FEE 1 20.59' 46.27' 35.32' N CD Cr)(20 Cr) 507°06'02"W S81 °02'48"F r44: 373.25' - EXISTING R/W 6 7— S 9 210 11 12 LEGEND (R) Indicates Radial Bearing P09 Point of Beginning ( ) Title to State IIIIl11 Access Prohibited 64,829 S0. FT. N82°38'27"W _ 33.53' DOG. NO, 2009- (7 /0186; O , R , P CL. 1 P.M, 22009 P.MA. 142/96-90 102-040-024 w In u) co v . 0 .- o 19 r` N 0 z N09°26'44"E 74.94' N09°26'44"E 64.28' PROPOSED R/W 0=05° 19' 1 q" � R=3466.OQ L=321.79 Mw FF-17°T F a 15°23'22" R=3000.00' L=805.79' S82° 57'44"W 58.68' ROUTE 91 RIVERSIDE FREEWAY + 13 14 215 102-040-026 POB SE'LY CORNER PARCEL 1 16 PM 22009 PMB 142/96-98 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 221274 FEE ACQUISITION FEET 0 100 200 400 600 PREPARED BY: PS O M A S DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PEA SHEET NO: TOTAL SHEETS .]ntc A,z, CcCi:rc,0^+27 i7131751-i;73ii71415.I-2--E683 8 RIV 91 4.1 1 1 PS OMAS EXHIBIT `Bl' LEGAL DESCRIPTION Ca!trans Parcel No, 22127-2 Permanent Wall Footing Easement APN 102-040-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence North 09°30'32" East 35.32 feet along the easterly line of said Parcel 1 to a point thereon, said point being the True Point of Beginning; thence North 09°30'32" East 8.08 feet continuing along last said line to a point thereon; thence North 88°34'02" West 55.20 feet; thence North 81 °38'02" West 112.17 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,459,00 feet and to which beginning a radial line bears South 03°37'45" West; thence westerly 321.42 feet along said curve through a central angle of 05°19'27"; thence North 81°02'48" West 373.48 feet to a point on the westerly line of said Parcel 1, distant thereon North 07'06'02" East 89.28 feet from the southwesterly corner of said Parcel 1; thence South 07°06'02" West 7.00 feet along said westerly line to a point thereon; thence South 81 °02'48" East 373.25 feet to the beginning of a curve, concave to the north and having a radius of 3,466.00 feet; thence easterly 321.79 feet along said curve, through a central angle of 05° 19' 10"; thence South 81 °38'02" East 120.59 feet; thence South 88°34'02" East 46.27 feet to the easterly line of said Parcel 1 and the True Point of Beginning. Contains 6,085 square feet M 12PTG0105005URVEY1LEGALSi22127_APN_102-040-0141tega1122127-2_docx 11/26/2012 Pagc l cif 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `132' attached hereto and made apart hereof. Prepared under the direction of P-27 /2 Brian E. Bullock, PLS 5260 Date MA2PTG0105011SURVEYij.EGALS122127_APN_ 102440-019tLega1122127-2.docx 1026/2012 Page 2 or2 EXHIBIT B2 PARCEL# 22127-2 TITLE ESMT AREA 6,085 SO. FT. APN 102-040-024 ,1 INF TARI F L3 - N09°30'32"E 35.32' 102-- 420- 052 102-420-03d P GL s! P,M,D, 15d199-101 P,M, 24150 EXISTING R/W 6 N82° 38'2 7"W 33.53' DOG, NO, 2009- °6101863 O,R PCIL 1 P,M, 27009 P, M n 142/96-98 221 27-2 w -CO N •— re-) ° 0 O � M w Q_ 1.11 �n v � 0_ o k,0 N N 0 z N09°26'44"E 74.94' N09°26'44"E 64.28' PROPOSED R/W ° TPO R=3000.00' L=805.79 S82° 57'44"W 58.68 ROUTE 91 RIVERSIDE FREEWAY 13 7 8 9 210 11 LEGEND IR1 Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning Title to State Access Prohibited 12 A 215 102-040-026 POB SE'LY CORNER PARCEL 1 }6 PM 22009 PMB 142/96-98 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING NOTES Coordinotes and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22127-2 PERMANENT WALL FOOTING EASEMENT I FEET 0 100 200 400 600 PREPARED BY: PS O M A S Hu•tan CPn,rt Sono 1-1.7, Cal707 111A1751. 73/3.1005a5-o DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FAQ: DISTRICT COUNTY I ROUTE SHEET PM SHEET NO. 8 RIV I 91 4.1 1 TOTAL SHEETS 4 EXHIBIT B2 { ) PARCEL TITLE AREA APN 221 27-2 ESMT 6,085 SO. FT. 102-040-024 _VD M O O N 0 0 0 Ln K Ei] EN 1 tr, , IL EL, CO M 7.00' TTI-[T 1 02-040022 N 0 M S07° 06'02"W DOD. NO. 2009 -067010bi 0,R, PCL. 1 P.M, 22009 P.M.9, 1 42/96-- 92 PROPOSED R/W N81 °02'48"W 373.48' �T1-TI77I77-1-1-1T1-ITTTTI~i-i7FL: \� S81 °02'48"E 373.25' w oo° N lQ • 0 N ° 00 0 LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning litle to State I Access Prohibited a=1 5°23'22" R=3000.00' L=805.79' EXISTING R/W� ROUTE 91 RIVERSIDE FREEWAY NOTES Coordinates and bearings are on CCS 1983(2007.001 Zone 6.Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22127-2 PERMANENT WALE. FOOTING EASEMENT FEET 0 25 50 100 150 PREPARED BY: PS O M A S DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. F A#: TOTAL SHEETS 8 R 15/ 91 4.0 2 EXHIBIT B2 PARCEL# 221 27-2 TITLE ESMT N81 °02'48"W _ 717 f' S81 °02'48"E__,/ 373.25' EXISTING R/W/ AREA 6,085 SO: FT. APN 102-040-024 000. NO, 2009-0670186; 0,1"2. POL I P.M. 220D9 F. M.O. 142/96--98 L=1 5°23'22" R=3000.0� L=805.79 ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) TPOB POB { ) !Lill Indicates Radial Bearing True Point of Beginning Point of Beginning Title to State Access Prohibited NOTES Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted PREPARED BY: PSOMAS 3 Huffer Centee Drive, Ste. 20 Santo Arc Ceilfer^ia 9270; (174)751-1s73i014154y-Be-e: If0x1 22127-2 PERMANENT HALL FOOTING EASEMENT FEET 0 25 50 100 150 DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL /SHEETS l.: 8 RIV 91 4.0 3 EXHIBIT B2 PARCEL# TITLE AREA APN 22127-2 ESMT 6,085 SO. FT. 102-040-024 I INF TAHI F L1 - 588°34`02"E 45.20' N09°26`44"E L2 - N88°34'02"w 5.2' 64.28` L3 - N09°30'32"E 35.32' ry ry a F' �y //�� DOC.. NO, 200 FGJ P , M , RRAA F , J42/9�--72 _ I' In v r-- v.) //�ry //'�'� y /'� r7 (`j - 6 0 1 .8 ; 0„R a J 22009 J , MJ r , in m Li-.) N LA �v rn O rr) k N O O v O N Q -- in O I O Q O I N a PROPOSED R/ rn 221 27-2) 0 o A=05° 1 9'27" `. R=321 N81 ° 38'02"w \ 112.17` L2 -�, o z ~� .42' f L=321 .42 Y — — — � �� � ° LA A=05° 1 9' 1 0" S81 38'02"E R=3466.00' 1 20.59' TPOBrel L=321 .79' °�-I AA \I'LI EXISTING R/W 582 5B •fQ p=1 5° 23' 22: R^3000.00 ---------- L=805.79 �___ E R-EW A*f _ -- - -----_ __~ 91 R LEGEND ROUTEIVERSIDE- Ro�� POB (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning SELY CORNER PARCEL 1 PM 22009 ( ) Title to State PM9 142/96-98 !lilt Access Prohibited NOTES 22127-2 Coordinates and bearings are on CCS 1983{2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT F ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS "^' °' DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SKEET PM SHEET NO. TOTAL SHEETS 8 R I V 01 4.1 z 4 PSOMAS EXHIBIT `CV LEGAL DESCRIPTION Ca[trans Parcel No. 22127-3 Temnorary Construction Easement APN 102-040-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel B of Lot Line Adjustment No. 09-013, as evidenced by a Lot Line Adjustment recorded December 28, 2009 as Instrument No. 2009-663342 of Official Records, said Lot Line Adjustment being a portion of Parcel 1 of Parcel Map No. 22009, as shown by map filed in Book 142, Pages 96, 97, and 98 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence North 09°30'32" East 43.40 feet along the easterly line of said Parcel 1 to a point thereon, said point being the True Point of Beginning; thence North 88°34'02" West 55.20 feet; thence North 81 °38'02" West 112.17 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 3,459.00 feet and to which beginning a radial line bears South 03°37'45" West; thence westerly 321.42 feet along said curve through a central angle of 05°19'27"; thence North 81 °02'48" West 373.48 feet to a point on the westerly line of said Parcel 1, distant thereon, North 07°06'02" East 89.28 feet from the southwesterly corner of said Parcel 1; thence along said westerly line, North 07°06'02" East 3.00 feet; thence leaving said westerly line, South 81°02'48" East 373.58 feet to the beginning of a curve, concave to the north and having a radius of 3,456.00 feet; thence easterly 321.28 feet along said curve, through a central angle of 05°19'35"; thence South 81°38'02" East 112.11 feet; thence South 88'34'02" East 55.45 feet to a point on the easterly line of said Parcel 1, distant thereon North 09°30'32" East 3.03 feet from the True Paint of Beginning: thence along said easterly line, South 09°30'32" West 3.03 feet to the True Point of Beginning. Contains 2,587 square feet M:12PTG0105014SURVEYILEGALS122127_APN_102-040-019\Legal 22127-1do x E I26/2012 Page t o f 2 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `CT attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date //2T /Z M:12PTG010501 \SURVEY‘LEGALS122127_APN_ 102-040-0191Legall22127-3.docx 11/26/2012 Page 2 of EXHIBIT C2 PARCEL# TITLE AREA APN 22127-3 TCE 2,587 SO.F1. 102-040-024 ! INF TARI F L3 -- N09°30'32"E c\J 43.40' 0 0 w m CV ti'n .- 0 r-- 00 N82° 38'2 7"W z rn 33.53' rn . — 702-420-052 rn 102-040-026 m v, 0 LO Lo V . 0 o CO 000. NO, 2009- r�N O �1 f02-040-022 06701ab� 0.R. N09°26'44"E \ P01- 1 74-94' 22009 ~102-040-003 F.M..2. N09°26'44"11P,M. 64.28 102-420--036 14219b-98 0 PO L 4 W (.0 Li _ - 1 59199- 1 01 o O rr OHO PROPOSED R/w o 6ro OA P.M. 24150 —. N07°06'02"E in L10 v) .y �.�. -' . t -- TPi: , 61, 82.28' -805.79' L3 LA=15°23'22" R=3000.00' L POB 5E LY CORNER EXISTING R/W 582°57144"W SE 58.68 PARCEL 1 I_______ROUTE 91 RIVERSIDE FREEWAY15 1' PM 22009 13 14 2 PMB 142/96-98 6 8 9 210 11 i2 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning C ) Title to State 1 1 1 1 1 I Access Prohibited NOTES 22 127-3 Coordinates and bearings ore on CCS 1983W07.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FE1T U 100 200 qOD 600 PREPARED BY: PSOMAS bh.t*an CeMrC Ur ,Dre S1.e. 200 San t.i Ana Ca 1!°rni° VE-6 rtie}757 j?'3�iT��15s5 SE33 ifa�) DATE: 09-27-2011 REV. 4. 11-26-2012 EA: OF540 FAlt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 ij 1 R I V (�] i 4.1 1 4 EXHIBIT C2 102-040-022 N O 03 al dl PARCEL TITLE AREA APN 22127-3 102-420-036 3.00' TCE 2,587 SO. FT. DOD. NO. 2009-06701@6; 0.R. PDL 1 P.M, 22009 P.M.Q. 1 12/96- 98 PROP • R/ S81 °02'48"E N81°02'48"W LEGEND (R) TPOB POB C ) Indicates Radial Bearing True Point of Beginning Point of Beginning Title to State Access Prohibited 102-040-024 373.58' 1-1 r-1 -1 -T� 1- II 7- _.I-1 373.48' A=1 5° 23'22" R=3000.00' L=805.79' EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22127-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 25 50 100 150 PREPARED BY: P SOMA S DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS • 8 RIV 91 4.0 2 4 EXHIBIT C2 PARCEL 221 27- 3 TITLE 10E PROPOSED R/W S81 °02'48"E _ 373.58' I� 1 1- 1-1 N81 °02'48"W 373.48' EXISTING R/W AREA 2,587 SF APN 102-040-024 DOG, NO. 2009-0 /0136y PO L I FA, 22009 1 '12/96- 93 A=05° 1 9'35" R=3456.00' L=321.28' A=05° 1 9'27" R=3459.00' L=321.42' 4� A=1 5° 23'22: _ R=3000.00, E=805.79 ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) TPOB POB ( ) I1IIl Indicates Radial Bearing True Point of Beginning Point of Beginning Title to State Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS 22127-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 25 50 100 150 DATE: 09-27-2011 REV. 4: 11-26-2012 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Sr1"f _. 8 RIV 91 4.0 3 4 EXHIBIT C2 I r PARCEL.# TITLE 221 27--3 1 I NF T ARI F L1 - N88° 34'02"W L2 - S88° 34 `02'E L3 - N09° 30'3211E TCE 55.20' 55.4 5' 43.40' ODD, AREA 2,587 SO. FT. NO. 2009- 06101 0b; O . R , POL 1 P,M. 2 009 P.M.M. 1 2/ 6 -9@ PROPOSED R/W A=05° 1 9'35" R=3456.00' L=321.28'� L=05 19 �7 R=3459.00 L=321 .42 =1 5° 23'22" R So °; 00 LEGEND (R) TPOB POB III11 indicates Radial Bearing True Poini of Beginning Point of Beginning Title to State Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS Ir1-6t711,l.l1,.,,1- ,i','1dl3 E:i i3 S81 ° 38'02"E 112.11' T I� T N81 ° 38'02"W 112.17' APN 102-040-024 N09°26'44"E 64.28' L2 TP w o�`jIQ 5a. EXISTING R /W UPSIDE R�EW p`f ROUTS g1 R POB SE LY CORNER PARCEL 1 PM 22009 PMB 142/96_98 22127-3 TEMPORARY CONSTRUCTION EASEMENT 1 N 0 I 0 v 0 cm 0 FEET 0 25 50 DATE: 09-27-2011 REV. 4: 11-26-2012 DISTRICT COUNTY ROUTE SHEET PM 100 EA: OF540 SHEET NO. 150 FA#: TOTAL SHEET! 4 8 RIV 91 4.1 4 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-040-024 (CPNS 22127-1, 22127-2 and 22127-3): Watson Land Company Record Owner 22010 S. Wilmington Avenue, Suit 400 Carson, CA 90745 Watson Land Co. Record Owner 1990 Pomona Road Corona, CA 92880 Watson Land Company Courtesy Copy c/o Jeffrey Jennison 22010 Wilmington Avenge, #400 Carson, CA 91745 John Peterson, Esq. Peterson Law Group 633 West Fifth Street, 28th Floor Los Angeles, CA 90071 DATED: July 26, 2013. 17336.0210018081309.1 Courtesy Copy 001,21, Frances White Order No.: 12002663-903-CMC Guarantee No.: 12002663-1-E LITIGATION GUARANTEE SCHEDULE A Order No.: 12002663-903-CMC Guarantee No.: 12002663-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: RIVERSIDE COUNTY TRANSPORTATION COMMISSION 2. Date of Guarantee: November 29, 2012 at 8:00 AM 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to CONDEMNATION 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Donald G. Welch and Sara 1. Welch, husband and wife as community property with rights of survivorship, as to an undivided 2/3 interest and Nancy Helen Taylor, Trustee of the Newman and Nancy H. Taylor Family Trust, Survivor's Trust, dated May 11, 2010, as to an undivided 1/3 interest 6. The land referred to in this guarantee is described as follows. See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4050 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: July 26, 2013. BEST BEST ,& KRIEGER LLP By: Orf) Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission EXHIBIT A LEGAL DESCRIPTION FEE Ali that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Tomas Yorba Allotment, in the City of Corona, County of Riverside, State of California, as per map recorded In Book 2 page(s) 7 of Maps, San Bernardino County records, described as follows: Beginning at the most Westerly corner of Lot 49 of Tract 2319, as per map recorded in Book 43 page(s) 74 of Maps, in the Office of the County Recorder of said County, said point being also an angle point on the Easterly line of Lot B of Tract 2585, as per map recorded in Book 47 page(s) 10 of Maps, in the Office of the County Recorder of said County; thence North 76° 21' 30" West (formerly recorded as North 76 19' 50" West, 223.66 feet to an angle point on the Westerly fine of Lot U of said Tract 2585; thence North 81 21' 00" West, 9.36 feet to the Easterly line of Wardlow Avenue (formerly Ontario Avenue) 88.00 feet wide as shown on said map of Tract 2585; thence North 08 39' 00" East, 127.80 feet on said Easterly tine to the beginning of a tangent curve, concave Southeasterly of 13.00 feet radius; thence Northeasterly, 16.01 feet on said curve through a central angle of 70 33' 13" to a point of reverse curvature being the beginning of a reverse curve, concave Northwesterly of 111.00 feet radius, a radial line to said beginning bears South 10 47' 47" East, said point being the true point of beginning; thence South 84 42' 25" East, 244.76 feet on the North line of the land described In the deed to Standard Oil Company, recorded February 1, 1971 as Instrument No. 9780 of Official Records to a point on the Westerly line of said Tract No. 2319 which bears North 15 29' 00" East 175.00 feet from said Westerly corner of Lot 49; thence North 15 29' 00" East, 64.08 feet on said Westerly line to the Northwesterly corner of Lot 47 of said Tract; thence South 81 21' 00" East, 110.79 feet on the Northerly line thereof to the Southwesterly corner of the land described as Parcel 3 in the deed to the County Riverside, recorded June 8, 1964 as Instrument No. 70146, of Official Records; thence North 15 29' 00" East, 146.94 feet on the Westerly line of last said land to the beginning of a curve concave Westerly of 170.00 feet radius; thence Northerly and Westerly 22.83 Feet on said curve through a central angle of 07 41' 34" to a point of compound curvature, a radial at said point bears South 82 12' 34" East; thence Northerly and Westerly 22.86 feet through a central angle of 100 •44' 55" on a curve concave Southwesterly of 13.00 feet radius; thence North 02. 57' 29" West 50.00 feet on a radial line of last said curve to a point on the Southerly line of the land described In the deed to the State of California, recorded July 21, 1966 as Instrument No. 74261 of Official Records; thence South 87 02' 31" West on said Southerly line, 156.08 feet to the beginning of a tangent curve concave Southeasterly of 230 feet radius; thence Southerly and Easterly 199.02 feet on last said curve, through a central angle of 49 34' 37"; thence continuing on said Southerly line South 37 27' 54" West 96.25 feet to the Westerly prolongation of the Northerly line of said Lot 47, said prolongation being also the Northerly line of the land described In the deed to D.N. Schneider recorded March 6, 1967 as Instrument No. 18448 of Official Records; thence continuing South 37 27' 54" West on the Southwesterly prolongation of said Southerly line to the most Northerly corner of the land described In the deed to the County of Riverside, recorded January 27, 1971 as Instrument No. 8344 of Official Records; thence South 36 36' 22" East, 32.08 feet on the Northeasterly line of last said land to a point on the Westerly tine of said Lot U of Tract 2585; thence South 14 31' 22" West, 41.36 feet on said Westerly line to a point on a non -tangent curve concave Northwesterly of 111.00 feet radius, a radial line at said point bears South 19 44' 27" East; thence Southwesterly, 17.33 feet on last said curve through a central angle of 08- 56' 40" on the Easterly line of said land to the County of Riverside to the true point of beginning. Except from that portion of said land lying Northerly of the North line of Lot 47 of said Tract 2319 and the Westerly prolongation of said line, all oil, minerals and other hydrocarbon substances located in or under all oil, minerals and other hydrocarbon substances located in or under the above described property, providing, however, that no exploration or production activities shall be permitted on the surface or within 500 Feet of the surface, or such activities as will conflict with requirements and conditions or the Federal Housing Administration of Veterans Affairs, as reserved in deeds, recorded September 29, 1954 as Instrument No. 50035, and recorded April 13, 1962 as Instrument No. 33840. Also except therefrom that portion conveyed to the County of Riverside by deed recorded May 18 ,1973 as Instrument No. 64957 of Official Records of Riverside County, California. Assessor's Parcel Number 102-091-004, 005, 006 EXBHIT A, PAGE 1 7.4 Mu s Mg I53(31,11117 KprASFS AK, I M; a.i A55E550R'S MAP BR. /02 P6 09 611266.540f cowry., CALIF Mf a/JLL_ POR. SEC 28, r 1 S., R. 7W. (POR. RO. LA SIERRA YORAM ) SFATE a.+/ i TR.4 5999 594o rep Na Kf r� • -RUdD a a A:• DAa� .aa AC-M ` r Qg ALLEY i pkg. 2 1.0© iil �y^4' Qv� ` ♦rep .g r 1 Md 43/79-76 tact No 1.7/9 MO 47/10-14 Tror1 No. 2383 PM_ 7/77 Pofea/ Map 4691 PM I/4/92.95 18618 —FERR4GE MQv .974 ,ss 9-32•.! / 02-09 ' CO a.rr Mt uu ,Kr 4, 7a PO r EXBHIT A, PAGE 2 PROOF OF MAILING NOTICE I, Heather J. Buhr, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 102-091-004, 102-091-005 and 102-091-006 (CPN 22129): Donald G. Welch 2729 Concord Street Santa Ana, CA 92705 Sara L. Welch 2729 Concord Street Santa Ana, CA 92705 Nancy Helen Taylor, Trustee 2729 Concord Street Santa Ana, CA 92705 Mrs. Newman Taylor 13612 Diamond Head Drive Tustin, CA 92780 Byron T. Ball, Esq. The Ball Law Firm, LLP 10866 Wilshire Boulevard, Suite I550 Los Angeles, CA 90024 DATED: July 26, 2013. 17336.0210018086776.1 Record Owner Record Owner Record Owner Record Owner Courtesy Copy File No: 09304183 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Loan 2006 Policy KoN No. {3 -o2G1 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Cynthia J. Gregory, Trustee of the Warren Paul Kaye Trust Dated October 10, 2008 The land referred to herein is situated in the County of RIVERSIDE, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the Iast equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside. California 92501 DATED: July 26, 2013. BEST BEST & KRIEGER LLP By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission L FEE EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: A portion of the Tomas Yorba Allotment, in the County of Riverside, state of California, as per map recorded in Book 2, Page 7 of Maps, in the office of the county recorder of San Bernardino County, described as follows: Beginning at the Northwest corner of Lot 46 in Tract No. 2319, as shown by map on file in Book 43, pages 74 to 76 inclusive of maps, records of Riverside County, California; Thence along the Northerly prolongation of the Westerly line of said Lot 46, being along the Easterly line of Ridgeview Terrace, 60.00 feet wide, North 15°29'00" East, 125.45 feet to the beginning of a tangent curve, concave Westerly and having a radius of 230.00 feet; Thence Northerly along said curve, through a central angle of 11r31'15", an arc distance of 46.25 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 83°04'46", an arc distance of 18.85 feet to a point of tangency on the South line of Frontage Road, 50.00 feet wide; Thence along said South line North 87°02'31" East, 102.96 feet to the beginning of a curve therein, concave Southerly and having a radius of 1344.00 feet, a radial line to said beginning bears North 02°57'29" West; Thence Easterly 272.29 feet along said curve through a central angle of 11E03 6' 29"; Thence South 81E21'00" East, 187.71 feet on said South line; Thence leaving said South line South 8°39'00" West, 2.00 feet to the intersection of the South line of the land described in the deed to the County of Riverside recorded February 22, 1973 as Instrument No. 23040, of Official records; Thence South 8° 39' 00" West, 185.00 feet to a line parallel with and Northerly 28.00 feet from that certain course of the North line of above said Tract No. 2319, having a bearing of South 81° 21' 00" East; Thence South 81E 21' 00" East, 378.00 feet, on said parallel line to the True Point of Beginning; Thence North 8° 39' 00" East, 185.00 feet to the said South Tine of said land described in the deed to the County of Riverside; Thence South 81° 21' 00" East, 378.73 feet on last said South line to the Northeast corner of the land shown as Parcel 2 on a map recorded in Book 7, Page 77 of Maps, in the office of the County Recorder of Riverside County; Thence South 8° 39' 00" West, 165.00 feet on the East line of said Parcel 2 to an angle point; EXBHIT A, PAGE 1 Thence South 53° 39' 00" West, 2828 feet on the Southeast line of said Parcel 2 to an angle point; Thence North 81° 21' 00" West, 358.73 feet to the to the True Point of Beginning. Except therefrom an undivided 1/2 interest in all oil, minerals and any other hydrocarbons substances located in or under the above described property; provided however that no exploration or production activities shall be permitted on the surface or within 500 feet of the surface as reserved by Charles A. Thomas and Lauretta Thomas, his wife, in deed recorded September 29,1954, in Book 1635. Page 139, of Official Records. Also except the remainder interest in all oil, minerals and other hydrocarbon substances located in or under the above described property not previously reserved to other persons, provided, however, that no exploration or production activities shall be permitted within 500 feet of the surface as reserved by Lester L. Lev and Elizabeth L. Lev, husband and wife, in deed recorded April 13, 1962, in Book 3117. Page 431, Official Records. Said land is within the area shown as parcel 3 on a map recorded in Book 12, page 51, of parcel maps, in the office of the county recorder of riverside county. Assessor's Parcel Number: 102-101-002-9 EXBHiT A, PAGE 2 aol• l of -zoo F-7F-6 /691,- dory radios 1L/1 NS 6Ire '0N r2011 91-01/Fi 9ly lf6C r ell dIir7'd1NI107 305W3Alif DI 9d IO/ ye aro s d4rs3ssr ( V880.4 i'b'dl3/S d7 Ok/ 1I0d 1 M 1 8 'SF1 'b/Od 1' S, ,r.,r 3 EXBHITA, PAGE 3 PROOF OF MAILING NOTICE I. Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. l 02-101-002: Cynthia J. Gregory Trustee of the Warren Paul Kaye Trust Dated October 10, 2008 634 Arliss Street Riverside, CA 92507 Cynthia J. Gregory Trustee of the Warren Paul Kaye Trust Dated October 10, 2008 22545 Barton Road, Suite 205 Grand Terrace, CA 92313 Cynthia J. Gregory Trustee of the Warren Paul Kaye Trust Dated October 10, 2008 2100 Frontage Road Corona, CA 92882 Jaynes Duff Murphy, Esq. Oliver Vose Sandifer 281 S. Figueroa St., Second Floor Los Angeles, CA, 90012 DATED: July 26, 2013. 17336.0210018081325.1 Record Owner Record Owner Record Owner Courtesy Copy lJ Frances White SHELDON H. LYTTON Ricaom D. W II.LIAMs JOHN A. MESSINA, JR. THEODORE M. HANKIN HENRY A. HOLGUIN DEBORAH LYTTON Of Counsel: RICHARD S. TRUGMAN LYTTON WILLIAMS MESSINA & HANKIN LLP LAWYERS 24910 LAS BRISAS ROAD, SUITE 102 MURRIETA, CALIFORNIA 92562 www.lwmpartners.com TELEPHONE: (951) 894-7332 AUTHOR'S EXTENSION: 108 FACSIMILE: (951) 346-3334 Email: jmessina@lwmpartners.com September 4, 2013 SENT VIA EMAIL TO: mona.nemat@bbklaw.com Mona M. Nemat, Esq. Best Best & Krieger, LLP 3390 University Avenue, Suite 500 Riverside, CA 92501 Re: Resolution of Necessity ("RON") Hearing on September II, 2013 Concerning Real Property Located at 2050 Frontage Road, Corona, California (the "Property") Owned by Gerald J. Norman ("Mr. Norman") Dear Ms. Nemat: CENTURY CITY OFFICE; 1801 CENTURY PARK EAST SUITE 1450 LOS ANGELES. CA 90067 (310)982-2733 NEWPORT BEACH OFFICE 1400 QUAIL STREET SUITE 200 NEWPORT BEACH. CA 92660 (949)3834356 This letter is written in response to your email sent to me late yesterday afternoon regarding the RON hearing concerning Mr. Norman's Property. Your email to me was presumably in response to my earlier inquiry directed to Kirk Pelser, with Overland, Pacific & Cutler, Inc., and to Mark Lancaster, with the RCTC, as to the status of a RON hearing with respect to the Property. With regard to the RON hearing, I think it essential to note that while Mr. Norman had received a letter from Mr. Pelser, dated June 26, 2013, wherein MR. Pelser indicated that he intended to schedule a RON hearing for September 11, 2013, Mr. Norman never received formal notice from Mr. Pelser or anyone else that such a hearing had actually been set. When I spoke with Mr. Lancaster yesterday, he indicated that he thought your firm had sent notice on July 26, 2013: subsequently, we received an email and attachment with such a notice indicating a mailing date of July 26, 2013. Mr. Norman never received this mailing and was unaware that the RON hearing had actually been scheduled. But while the efficacy of notice of the RON is obviously in dispute, it is my understanding that this dispute is, for all practical purposes, going to be obviated by your gracious agreement that the RCTC will not object to Mr. Norman's appearance at the Ron hearing and his presentation of his objections at that time. In light of my understanding, this letter is to confirm the fact that Mr. Normal will appear and be hear with his counsel at the RON hearing on the date and time set forth in the notice there, and that the RCTC will not object and in fact is waiving its right to object per Cal. Code Civ. Pro. Section 1245.235(b)(3). Mona M. Nemat, Esq. September 4, 2013 Page 2 of 2 Mr. Norman will ask to be heard on the following matters: while he has no objection to the proposed RCTC project, he is concerned (and objects as appropriate) to the manner in which the RCTC has approached the Property and the potential acquisition thereof Specifically. Mr. Normal is concerned that the RCTC has: (1) interfered with the contractual relationships with his tenants ultimately resulting in tenants leaving the Property with resulting and unwarranted financial hardship due to loss rental income; (2) deliberately caused a deceptive Quit Claim Deed to be recorded giving the appearance the RCTC owns the subject Property; and (3) used unqualified in-house appraisers to value the Property significantly below its fair market value as determined highly qualified and industry recognized appraisers. Please let me know immediately if my assumption with respect to CCP §1245.235(b)(3) is misplaced. Again thank you for your courtesy in waiving objection to Mr. Norman's appearance. I am certain we will be able to work together to resolve all of the issues during the course of the eminent domain proceedings and I look forward to working with you. Very truly yours, John A. Messina, Jr. cc: Sheldon Lytton 21/37 Order No.: 09304536-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09304536 LITIGATION GUARANTEE SCHEDULE A R0 L\ t`1o. 13 -030 Order No.: 09304536-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09304536 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: November 14, 2012 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the and is vested in: Gerald J. Norman, a married man as his sole and separate property, as to Parcel A and Riverside County Transportation Commission, as to Parcel B 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. I. 0.2/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNER Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26.2013. Wednesday, September II, 20I3 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST.& KRIEGER LLP 1 By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission EXHIBIT A LEGAL. DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: Parcel A: A portion of the Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County Recorder of San Bernardino County, described as follows: Beginning at the Northwest corner of Lot 46 in Tract No. 2319, as shown by Map on file in Book 43, Pages 74 to 76 inclusive of Maps, Records of Riverside County, California; Thence along the Northerly prolongation of the Westerly line of said Lot 46, being along the Easterly line of Ridgeview Terrace, 60.00 feet wide, North 15 29' 00" East, 125.45 feet to the beginning of a tangent curve, concave Westerly and having a radius of 230.00 feet; Thence Northerly along said curve, through a central angle of 11 31' 15", an arc distance of 46,25 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 83 04' 46", an arc distance of 18.85 feet to a point of tangerrcy on the South line of Frontage Road, 50.00 feet wide described as Parcel 1 of Deed to the County of Riverside, recorded June 8, 1964 as Instrument No. 70146 of Official Records of Riverside County, California; Thence along said South line North 87 02' 31" East, 102.96 feet to the beginning of a curve therein, concave Southerly and having a radius of 1344.043 feet, a radial line to said beginning bears North 02 57' 29" West; Thence Easterly 272.29 feet along said curve through a central angle of 11 36' 29"; Thence South 81 21' 00" East, 964.44 feet on said South line to the true point of beginning; Thence continuing on said South line South 8 21' 00" East, 430.54 feet to a point on the Southeasterly line of said Tomas Yorba Allotment; Thence South 42 03' 10" West, along said Southeasterly line to the most Easterly corner of said Tract 2319, said point being the beginning of a curve in the Northerly line of said tract, concave Northerly, and having a radius of 13.00 feet; Thence Westerly along said curve, through a central angle of 90 00' 00", an arc distance of 20.42 feet; Thence North 47 56' 50" West, 150.00 feet; Thence South 42 03' 10" West, 168.25 feet; Thence North 47 56' 50" West, 103.00 feet to an angle point in the East line of the land described in the Declaration executed by D.N. Schneider, recorded June 1,. 1964 as Instrument No. 67189 of Official Records of Riverside County, California; Thence North 08 39' 00" East, 183,35 feet on said East line to the true point of beginning Excepting therefrom that portion lying Easterly of the following described line: Beginning at the most Easterly corner of Lot 1 in Tract No. 2319; Thence along the Northeasterly prolongation of the Southeasterly tine of said Lot 1, North 42 03' 10" East, 101.87 feet said point being the beginning of a curve being concave Northwesterly, having a central angle of 72 30' 01", a radius of 13.00 feet and a tangent distant of 9.53 feet; Thence along said curve an arc length of 16.45 feet to the beginning of a reverse curve being concave Northeasterly, having a central angle of 39 05' 51", a radius of 130.00 feet and a tangent distant of 46.16 feet; Thence along said reverse curve an arc length of 88.71 feet to a point on a tangent line; Thence along said line North 98 39' 00" East, 44.68 feet to the beginning of curve being concave Southwesterly, having a central angle of 90 00' 00", a radius of 13.00 feet, and a tangent distance of 13.00 feet; Thence along said curve an arc length of 20.42 feet to a point on a tangent line, to the point of beginning. Excepting therefrom any improvements as located on said land. EXHIBIT A, PAGE 1 EXHIBIT A (Continued) Parcel B: The improvements located on the following described land: A portion of the Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County Recorder of San Bernardino County, described as follows: Beginning at the Northwest corner of Lot 46 in Tract No. 2319, as shown by Map on file in Book 43, Pages 74 to 76 inclusive of Maps, Records of Riverside County, California; Thence along the Northerly prolongation of the Westerly line of said Lot 46, being along the Easterly line of Ridgeview Terrace, 60.00 feet wide, North 15 29' 00" East, 125.45 feet to the beginning of a tangent curve, concave Westerly and having a radius of 230.00 feet; Thence Northerly along said curve, through a central angle of 11 31' 15", an arc distance of 46.25 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 83 04' 46", an arc distance of 18.85 feet to a point of tangency on the South line of Frontage Road, 50,00 feet wide described as Parcel 1 of Deed to the County of Riverside, recorded June 8, 1964 as Instrument No. 70146 of Official Records of Riverside County, California; Thence along said South line North 87 02' 31" East, 102.96 feet to the beginning of a curve therein, concave Southerly and having a radius of 1344,00 feet, a radial line to said beginning bears North 02 57' 29" West; Thence Easterly 272.29 feet along said curve through a central angle of 11 36' 29"; Thence South 81 21' 00" East, 964.44 feet on said South line to the true point of beginning; Thence continuing on said South line South 8 21' 00" East, 430.54 feet to a point on the Southeasterly line of said Tomas Yorba Allotment; Thence South 42 03' 10" West, along said Southeasterly line to the most Easterly corner of said Tract 2319, said point being the beginning of a curve In the Northerly line of said tract, concave Northerly, and having a radius of 13.00 feet; Thence Westerly along said curve, through a central angle of 90 00' 00", an arc distance of 20.42 feet; Thence North 47 56' 50" West, 150.00 feet; Thence South 42 03' 10" West, 168.25 feet; Thence North 47 56' 50" West, 103.00 feet to an angle point in the East line of the land described in the Declaration executed by D.N. Schneider, recorded June 1, 1964 as Instrument No. 67189 of Official Records of Riverside County, California; Thence North 08 39' 00" East, 183.35 feet on said East line to the true point of beginning. Excepting therefrom that portion lying Easterly of the following described line: Beginning at the most Easterly corner of Lot 1 in Tract No. 2319; Thence along the Northeasterly prolongation of the Southeasterly Ilne of said Lot 1, North 42 03' 10" East, 101.87 feet said point being the beginning of a curve being concave Northwesterly, having a central angle of 72 30' 01", a radius of 13.00 feet and a tangent distant of 9.53 feet; Thence along said curve an arc length of 16,45 feet to the beginning of a reverse curve being concave Northeasterly, having a central angle of 39 05' 51", a radius of 130.00 feet and a tangent distant of 46,16 feet; Thence along said reverse curve an arc length of 88,71 feet to a point on a tangent line; Thence along said line North 98 39' 00" East, 44.68 feet to the beginning of curve being concave Southwesterly, having a central angle of 90 00' 00", a radius of 13.00 feet, and a tangent distance of 13.00 feet; Thence along said curve an arc length of 20.42 feet to a point on a tangent line, to the point of beginning. APN: 102-101-033-7 EXHIBIT A, PAGE 2 /69* daM' 103/14/ 11/1 IYd sire .0N oak' 9.1-ozzro- '9 N' ,r of—zo/ P-ZF-B a' ti 1 ..p A377V ( V94/04 d bl 3!S C? Ob+ 'MOS ) 412 br `srd '80d 0 ►! 0541 _rriL r..•+' a 0 f9 .400 V/7Y9 '4111R09 30/SM.74/!I 0/ 9d ZO/ X9 c/V4W 5, tiOSS3SSIf pe.,r d N cr�f 4 ► N wi ,L%�t q/r u Z . LL ss,NT'� 11. ®nt or . ere 'se 19 ecru rrlrilrr1 3.9 4 EXHIBIT A, PAGE 3 PROOF OF MAILING NOTICE 1, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-101-033 (CPN 22137): Gerald J. Norman 2050 Frontage Road Corona, CA 92882 Gerald J. Norman 41733 Camino Lorado Temecula, CA 92592 DATED: July 26, 2013. 17336 0210018127394.1 Record Owner Record Owner Frances White Order No.: 12114343-903-CMC Guarantee No.: CA-F!CF(AMP-81021-1-13-12114343 LITIGATION GUARANTEE SCHEDULE A R O IQ Order No.: 12114343-903-CMC Guarantee No.: CA-FKFC-1M-31021-1-13-12114343 Liability: S75,000.00 Fee: S485.00 1, Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: January 11, 2013 at 8:00 AM 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: S.C.W., a California Limited Partnership 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 02/16/92) Page I ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of six months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.0210018088109.1 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22142-1 Fee Acquisition APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462, Official Records of said County, said land also being shown on the map filed in Book 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 8.22 feet along the northwesterly line of said land to the beginning of a non -tangent curve concave northerly having a radius of 3879.00 feet, a radial line to said beginning bears South 00°59'30" East; thence easterly 16.92 feet along said curve through a central angle of 00°15'00"; thence North 85°22'19" East 84.37 feet to the southerly line of said land; thence South 82°57'44" West 107.43 feet along said southerly line to the Point Of Beginning. Contains 240 square feet_ The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `A2' attached hereto and made apart hereof. M:12PTG0105011SURVEYILEGAL5122142_APN_102-270-0011Legals122I42-I.docx Page 1 of 10/9/2012 1 2 3 4 5 6 PS oMAS This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. 7 Prepared under the direction of: 8 9 10 E C/0.,D 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2q 30 31 to - o9 - to% Z Jeremy L. Evans, PLS 5282 Date M:12PTG01050115URVEYILEGALS122142_APN_102-270-0011Legals122142-1.docx Page 2 of 2 10/9/2012 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22142-1 FEE S.C.W. 240 SOFT. 102-270 001 ,' cb•`t, �aA'1"�°))1,`L(°. �L - of Ai of h �%i// p=00° 1 5`139" 580° 33'31 "E ,h� ! R=3879.00 Pr R(_-_, - > 1 7.94' 54' 2. o ,1 caS /L SO °94'30E (R) / 85° 22' 1 9"E 84.37' �..- 1 _A Add f Or 107.43 259.57` ---- ° 57' 44"W A ss2 DETAIL "A" • o �'`�', -mlLni P O B NOT TO SCALE ^�°' L Lij ° 1 I o� o' PARCEL 1 vp {q' 0, / V} P.,M,B, -4-91 , i Cu l f --1CLCL ti ' / � N PARCEL ,102-270-001 7v) in INST. NO. 160462 O.R. <0,<<., ' REC. 7/10/1986 Q °`4) • 1$ R . S , J , 62/44 0 in ari, q' `,<' SEE DETAIL "A" oeil) HEREON i ,,q _________ � , ■�rO � ° 44'w 259.57� 582 57 EXISTING R/W -on1 �� POB LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginn'+ng (A) Indicates Radial Bearing ROUTE 97 RIVERSIDE FREEWA Y ( )Title to State II I I (Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 4 2- 1 FEE ACOUISITION distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Nu•+cr Cen-re C-he S+s. 2G0 gnta ara, Caiirprn'3 n c; I7S4IT"•-73.3,'1=1545-99E! IF❑:1 DATE:03-30-12 REV,: EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R 1 V 91 4.3 1 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `B 1' LEGAL DESCRIPTION Ca!trans Parcel No. 22142-2 Permanent Wall Footing Easement APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462, Official Records of said County, said land also being shown on the map filed in Book 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 8.22 feet along the northwesterly line of said land to the True Point Of Beginning and the beginning of a non -tangent curve concave northerly having a radius of 3879.00 feet, a radial line to said beginning bears South 00°59'30" East; thence easterly 16.92 feet along said curve through a central angle of 00°15'00"; thence North 85°22'19" East 84.37 feet to the southerly line of said land; thence North 82°57'44" East 152.15 feet along said southerly line to the southeasterly corner of said land; thence North 07°01'53" East 7.07 feet along the easterly line of said land; thence South 82°57'01 " West 126.03 feet; thence South 85°22'19" West 111.66 feet to the beginning of a non -tangent curve concave northerly having a radius of 3871.00 feet, a radial line to said beginning bears South 01 ° 14' 18" East; thence westerly 8.95 feet along said curve through a central angle of 00°07'57" to the northwesterly line of said land; thence South 42°53'55" West 11.11 feet along said northwesterly line to the Point Of Beginning. Contains 1840 square feet. M:12PTG0105011SURVEYILEGALS122142 APN_102-270-0011Legals122142-2.docx Page 1 of 4/2/2012 PS oMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 099997476. See Exhibit ` 32' attached hereto and made apart hereof. Prepared under the direction of: L 4- • Z Z o 1 Z Jeremy L. Evans, PLS 5282 Date „(4,6) <<A" _ c ys,pn ao a No. 5282 4 Exp. 12/31 /13 f � M:12PTG010501\SURVEYILEGALS122I42__APN_i02-270-00ITegals122142-2.docx Page 2 of 2 3/30/2012 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA 1 APN 22142-2 ESMT S.C.W. 1840 SO.FT. 102-270-001 CURVE DATA TABLE S80°33'31"E I NO. DELTA RADIUS DISTANCE 17.94 .- Ste__ Cl 00°07'57" 3871.00' 8.95' � r I LINE DATA TABLE f NO. BEARING DISTANCE ProfCE 1 L1 N85°22'19'E 84.37' Nh �• up 0), A. A-) 1 ul F',M., 111, 4_ 11 n, W Ct e�' / el,' � - ' �1 el..'0 PARCEL J �7 CV �Q� <?1 N �C, : F, �•1 C� o � 'N�� 1,1 -in ° h0 ° a INST. NO. 160462 O.R. ," '-�0 p ,� h� REC. 7/10/1986 o I c• h N- D I TPOB °hAR, e, 62/44 z ! CVti N_--___ � +` ---- --- POB 1 Kati sr O 1 1 1 1 1 - ,C1 585 22 S52.57 col' W 1 1 1 _6 6- - ,�� - 1 52.1 5' ,,�.��' - 44"E 259.5i EXISTING R/W ° 57 =-�o-ao°a moo„ i I S01 ° 1 4'30 1 R=3879.0a' R/W _ -CRC L=16.92'- PROPOSED LEGEND Poe Indicates Point of Beginning TPOB Indicates True Point of Beginning (R) Indicates Radial Bearing ROUTE 91 RIVERSIDE FREEWAY ( ) 'title to State I I I 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 PERMANENT WALL 4 2- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hut tar • - - Song -. a,51 '_-. Santo - - -. , DATE: 03-30-12 REV.: EA: OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.3 1 1 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `CI' LEGAL DESCRIPTION Caltrans Parcel No. 22142-3 • Temporary Construction Easement APN 102-270-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded July 10, 1986 as Instrument No. 160462 of Official Records of said County, said land also being shown on the map filed in Boole 62, Page 44 of Records of Survey, records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 42°53'55" East 19.33 feet along the northwesterly line of said land to the True Point of Beginning; thence continuing North 42°53'55" East 4.17 feet along said northwesterly line to the beginning of a non -tangent curve concave northerly having a radius of 3.868.00 feet, a radial line to said beginning bears South 01 °08'56" East; thence easterly 5.95 feet along said curve through a central angle of 00°05'17'; thence North 85°22'19" East 13.67 feet; thence South 07°45'41" East 1.59 feet; thence North 82°14'19" East 57.87 feet; thence South 07°10'39" East 4.58 feet; thence South 85°22'19" West 71.83 feet to the beginning of a non -tangent curve concave northerly having a radius of 3,871.00 feet, a radial line to said beginning bears South 01 °14'18" East; thence westerly 8.95 feet along said curve through a central angle of 00°07'57" to the True Point of Beginning. Contains 237 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P-12PTG010501 \SUR VEYILEGA LS122142_APN_102-270-0011Legals122142-3-TCE. doc 9r25n012 Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS oMAS See Exhibit `C2' attached hereto and made apart hereof. Prepared under the direction of _ ZS-/2 Brian E. Bullock, PLS 5260 Date PA2PTG0105011SURVEYILEGALS122142_APN_] 02-270-0011Legals122142-3-TCE.doe 9/25/2012 Page 2 of EXHIBIT C2 PARCEL# 22142-3 TITLE TCE GRANTOR S.C.W. AREA 237 SO.FT. APN 102-270-001 LINE DATA TABLE NO. BEARING DISTANCE L1 N42°53'55"E 4.17' L2 N85°22'19"E 13.67' L3 507°45'41"E _ 1.59' L4 N82°14'19"E 57.87' L5 S07° 1 0'39"E 4.58' L6 S85° 22'1 911W 71 .83' 1 9.33' L1 PAVLB, 4-91 t� Pr' RCI L l I I A. 4 / 1 '� �r 1!l>��� . ��,>� POB C2 ' PROPOSED RAW LS01 ° 1 4 ' 1 8"E ( R ) ROUTE 91 "7 PARCEL 1 `)i (0' S80° 33'31 "E 1 7.94' 102-270-001 INST. NO. 160462 O.R. REC. 7/10/1986 259.57 582° 57 44 W LEGEND POB Indicotes Point Of Beginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to state J I 11 1 Access Prohibited ) EXISTING " RIVERSIDE FREEWAYI. CURVE DATA TABLE NO. DELTA RADIUS DISTANCE C1 00°05'17" 3868.00' 5.95' C2 00°07'57" 3871.00' 8.95' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 22142-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 25 50 100 150 PREPARED BY: P SOMA S 3 Hutton Centre Drive Ste. 200 Sonip Ann California 92707 {714}751-7373?;7141545.8883 irc.. DATE: 03-30-12 REV.:2; 09-25-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PIS SHEET NO. TOTAL SHEETS 8 RIV 91 4.3 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-270-001 (CPNS 22142-1, 22142-1 and 22142-3): S.C.W., a California Limited Partnership 104 S. Maple Street Corona, CA 92882 S.G.W., a California Limited Partnership 25912 Montanoso Drive Mission Viejo, CA 92691 DATED: July 26, 2013. 17336.02100\8081554.1 Record Owner Record Owner Order No.: 12003180-903-CMC Guarantee No.: 12003180-1-E LITIGATION GUARANTEE SCHEDULE A RAN No. t3 -- 03-2_ Order No.: 12003180-903-CMC Guarantee No.: 12003180-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: RIVERSIDE COUNTY TRANSPORTATION COMMISSION 2. Date of Guarantee: March 22, 2012 at 8:00 AM 3, This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to CONDEMNATION 4, The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Cieon E. Benson, Jr., Trustee of The (Aeon E. Benson, Jr. and Mildred T. Benson Family Trust u/d/t July 25, 1975 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subiect of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: July 26, 2013. BEST BEST & KRIEGER LLP By: gia Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Utility Easement" grants to RCTC, including its successors and assigns, a permanent and perpetual easement, to relocate, construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect and/or remove, at any time and from time to time, underground utilities, including but not limited to sewers, water, electrical systems and communication systems, consisting wires, underground conduits, cables, vaults, manholes, handholds, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means and/or other purposes, in, under, on, over, along and across the land, as determined necessary by RCTC, its successors and assigns, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC will not unreasonably withhold from Grantor, its successors and assigns, the right to utilize the easement area for parking, driveway access, landscaping (exclusive of vertical penetration), open space and density or floor area calculation. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation. 17336.02100\80881 12.1 No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of RCTC, its successors and assigns. "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 5, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100%088112.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22173-1 Fee Acquisition APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 9.57 feet along the westerly line of said land to a point thereon; thence North 79°08'56" East 577.02 feet to the beginning of a curve concave southerly having a radius of 5,110.00 feet; thence easterly along said curve 63.33 feet through a central angle of 00°42'36" to the easterly line of said land; thence South 10°01'02" East I4.45 feet along said easterly line to the southeasterly corner thereof, said southeasterly corner also being on a curve, concave southerly having a radius of 5,105.00 feet, to which corner a radial line bears North 10°01'02" West; thence along the southerly line of said land the following two courses: I ) Westerly along said curve 30.05 feet through a central angle of 00°20'14"; 2) South 79'38'44" West 612.81 feet to the Point of Beginning. Containing 7,676 square feet. See Exhibit `A2' attached hereto and made a part hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. MA2P7G4105011SUR V EYILEGAL5122173_APN_ l 18-090-00l ILcgals122173-1.doc 11/14/2012 Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 PS 4MAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 it /6 -/Z Date M:12PTG0105011SURVEYTEGALS122173_APN_I I8-090-001lLega1s122173-1 doc 1E/14/2012 Page 2 of 2 EXHIBIT A2 PARCEL# TITLE AREA APN 221 73-1 FEE 7676 SOFT. 118-090-001 J a Q tiZ Lu ' o� co v- o o z In co 1/ApiES �1 \ SEE DETAIL /SHEET 2 r 118-320-009 L r} T `587° 5g 92 ,E DLocX 62 LANDS 05 SOUTH LAND AND WATER 00 M,E, 9/6 (S,2 , POR , LOT 6 A DOC. NO 37703 O.R. PROPOSED R/W N.7129.8 5b E - POB S79* 38'44"W EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY 2 3 4 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Paint Of Beginning (R) Indicates Radial Bearing C -) Title to State J I 11 l Access Prohibited 255 R1V RSIDE S290 A=06° 1 7'04" R=4 30.00' L-47.1 6` 612.81' 2s q0 `v .00 R) ,'Lq O SEE DETAIL "B". SHEET 3 7 8 ROUTE 91 RIVERSIDE FREEWAY CA STATIONING 6?) N oQ a 0 NOTES Coordinates and bearings are on CCS 1983(2007.00} Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. I FEET 0 22173-1 FEE ACOW S1T10N 50 100 200 300 PREPARED BY: PSOMAS DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PIS SHEET NO. TOTAL SHEETS Centre Drl„e Ste. 200 sorHa Ana. Cal;f4rnla sra7 17141751•7373/1714)S45•6883 IFp+1 8 RIV 91 4.8 1 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22173-1 FEE 7676 SG.FT. 118-090-G01 1 V- tn (D N z 0 co o _ tt7 2 I r )N79°08'56"E 1 1 i LANDS M,B„ DOC. NO. 37703 O.R. (('11 .rJK 2LV6@ Or SOUTH RIVERSIDE LAND AND WATER 7/6 (S,B, CJ,) POR, LOT 6 PROPOSED R/W CO, 577.02' f'ri _ AL L,J, , d 612. "A" F— W L.L1 tf) L - ' - L i 1 1} 1 /t 1 1 1 1 1 1 '' 1 • 9 ' _ — -LI — 579° POB 38'44"W EXISTING R/W DETAIL W In LEGEND POD Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Bearing Beginning Of Beginning ( ) Title to State J l l l l Access Prohibited NOTES FEET 2 2 1 7 3" 1 FEE ACQUISITION Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 0 12.5 25 50 75 PREPARED BY: PSOMAS 3 Mutton Centre 0ri.e Ste. 200 Santo Ano, Coilfornio 92707 [714}751-7373,1710545-8883 1Fox1 ❑ATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PIS SHEET NO. TOTAL SHEETS 8 R IV 91 4.8 2 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22173-1 FEE 7676 SO.FT. 118-090-001 S8I° Si OCJC LANDS Or SOUTH LAND AND M,r:J,r �)1,S POR DOC. NO. N PROPOSED 58 q�,E %fir WATER `S,S, , L oT 37703 W 6a RI V RSJ CO, CO„) O.R. R/W 577.02. 61 2.81 ' EXISTING DETAIL 5s�.72, S29 a92 O 1 qg W (R) 1 `10 60 (,'g3o','o S,-3° 9> '00-7 �s9 �6 �4 + r,2J (R) Lii �„ NI o 0 Fn in 22173- 0 N10°08"28"W .A "B" A=00°42'36" R=51 10.00" A -~ L=63.33" � ��N79°08'56"E �Ir� - A R/W L=30.05' R-51 A=00 05.00' ° 20'14" N10°01'02"W � . 4 5 '+ L�1 _ V) w A38'44 (R) I C} S79° LEGEND POB Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Bearing Beginning Of Beginning ( ) Title to State I 11 1 I Access Prohibited NOTES FEET 2 2 1 7 3- 1 FEE ACOUI51T10N Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. I 0 12.5 25 50 75 PREPARED BY: PSOMAS 3 nuttan Centre 0,i,e Ste. 20G Santa Ana, Calitorn,a 927°7 17141751-7373/[714}545-9983 Ira:.1 DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PSI SHEET NO. TOTAL SHEETS 8 Ty! R I Y tl1 7 q O U 3 3 i 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT BP LEGAL DESCRIPTION Ca!trans Parcel No. 22173-2 Permanent Wall Footing Easement APN 118-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01 " East 9.57 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 577.02 feet to the beginning of a curve concave southerly having a radius of 5,110.00 feet; thence easterly along said curve 63.33 feet through a central angle of 00°42'36" to a point on the easterly line of said land; thence North 10°01'02" West 5.00 feet along said easterly line to the beginning of a non - tangent curve concave southerly having a radius of 5,115.00 feet, to which point a radial line bears North 10°08'27" West; thence westerly along said curve 63.41 feet through a central angle of 00°42'37"; thence South 79°08'56" West 575.56 feet to a point on the westerly line of said land; thence South 05°28'01 " West 5.21 feet along said westerly line to the True Point of Beginning. Containing 3,198 square feet. See Exhibit ` 32' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M.12PTG0105011SURVEYILEGAlS122173_APN_I18.090-0011Legals122173-2doc Page 1 of 11/14/2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS 4MAS Prepared under the direction of /I-442 Brian E. Bullock, PLS 5260 Date M:12PTG01050I1SURVEYILEGALS122173_APN_ 118-090-0011Legals122173-2.doc 1 1 / 14/2012 Page 2 of 2 EXHIBIT B2 PARCEL# TITLE AREA 22173-2 ESMT 3198 SOFT. 118-090-001 J a "Sr -2 K. 118-320-009 _ LOT V S81 °s8 42"E SLJC;< 6`a cu 52,3 ° o , LANDS OF SOUTH RIVERSIDE <3S_ rn $ qS„ 2° qs„srAo� rRJz CO o LA�InANC 17�1ATr DO , 561. :06° o��q4Ri�Jr� LJ7 b So O�,;QOV IFSSEE DETAIL ADOC. N0. 37703 O.R. .��F l�Il�S, 1�:� (5,2, GJ�):R71'04" i1 /SHEET 2 R=430.00' �_,� �� PROPOSED R/W L=47.16' �� /�I r S79°OS'S6"yy 575.5�C' _ �-■� �� TPOB / N79.08'56"E 577.02' —ram N79°38'44"E 612.81' SEE DETAIL "B" POB EXISTING R/W SHEET 3 ROUTE 91 RIVERSIDE FREEWAY $ 2 3 4 255 6 7 ROUTE 91 RIVERSIDE FREEWAY C/C STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 11 11 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to 2 2 1 7 3- 2 PERMANENT WALL FOOTING EASEMENT obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Nuttan Centre Drivet Ste. 200 Scnto AMC, CW ifornio 92707 714i75t- 773/ i710545-B983 {Fax) DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS g R] V 9 1 4.$ 1 3 EXHIBIT B2 PARCEL# TITLE AREA APN 22173-2 ESMT 3198 SO.FT. 118-090-001 is...- In I co N 1� o ni co ° N z . , ui ! � r r L. ! 579° 08"56 LANDS "w DOC. NO. SI_DON LAND OF SOUTH r'lND AND WATER M.2, 9/6 (S,2, FOR, LOT 37703 Qa R 1� CO,) 6 R/w O.R. ERS J DE CO, M (221 73-2) PROPOSED 575.56' I— w UJ � w w U7 577.02" NP r 111111L11II N79°08'56"E - 38'44"E � 61 2.81 EXISTING R/W DETAIL "A" �� N79° \TPOB POB LEGEND POB Indicates Point Of TPOB Indicates True Point (R1 Indicates Radial Bearing Beginning Of Beginning ( Title to State 11I U Access Prohibited NOTES FEET 2 2 1 7 3- 2 PERMANENT WALL FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 0 12.5 25 50 75 PREPARED BY: PSOMAS i Huttpn Centre tHve, Ste^� . 2� Sc,� o A1.o, Califa,nio •S270? 1'.141751 _ _ '714'15J5 PCFl Irc, DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 4.8 2 3 EXHIBIT B2 ( } PARCEL# TITLE AREA APN 221 73-2 ESMT 3198 SO.FT, N W W 2 c13 W W N$�o BLOCK 6a LANDS Or SOUTH R 1 Jr RS 1 DE LAND AND WATER CO, B 171 ,i S J 9/ 6 CO,) FOR, LOT DOC. NO. 37703 O.R. PROPOSED R/W 579°08'56"W 575.56' N79°08'56"E 577.02' N79° 38'44"E 7 EXISTING R/W LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State JIII 'Access Prohibited 118-090-001 4' 6),06o 9 7), S"3° �\9< ° 00, , 9S �0-7 99 �� N10°08'27"W (R) N10°08'28"W (R) A=00°42'37" R=51 1 5.00' L=63.41' IR '--- L=63.33' R=5110.00' 14.45 A=00°42'36" L=30.05' R=5105.00' A=00° 20' 1 4" 612.81' DETAIL " f` N 0 _ a 0 N 0 o L.) N10°01 '02"W (R) NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 221 73-2 PERMANENT WALL FOOTING EASEMENT FEET 0 12.5 25 50 75 PREPARED BY: P SOMA S 3 Hutton Cemre :,r{ e Ste. 2C0 Santa Ana California 92747 I7141751.7373i;7141545•B883 iFarl DATE:04-04-12 REV.: 2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R!V 91 4.8 3 3 1 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Cl' LEGAL DESCRIPTION Ca[trans Parcel No. 22173-3 Permanent Utility Easement APN l 18-090-001 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly comer of said land; thence North 05°28'01 " East 9.57 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 22.35 feet; thence North 00°35'12" East 14.22 feet; thence North 05°28'01" East 6.32 feet; thence South 79°08'56" West 21.09 feet to a point on the westerly line of said land; thence South 05°28'01" West 20.84 feet along said westerly line to the True Point of Beginning. Containing 431 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. MA2PTG010501 LSUR VEYILEGALS122173_APN_118-090-00111.egais122173-3. doc 11/14/2012 Page 1 of 2 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date // /6 -/2 M:I2PTG010501ISUR YEYILE6ALS122173_APN_ 118-090-0011Legals122173-3.doc 11/14/2012 Page 2 of 2 EXHIBIT C2 POB TPOB 2 PARCEL# 22173-3 TITLE ESMT AREA 431 SO.FT. APN 118-090-001 S810 LANDS OF SOUTH LAND ANDWATERCIO M,E, 9lb (8,8, DOA FOR, LOT 8 DETAIL "A" NOT TO SCALE E r-r 71 118-320-009 BL OCX ba LINE DATA BEARING DISTANCE Li N05°28'01"E 9.57' L2 N79°08'56"E 22.35' L3 N00°35'1211E 14.22' L4 N05°28'01"E 6.32' L5 S79°08'56"W 21.09' L6 S05°28'01"W 20.84' L7 S05°28'01"W 265.49' L8 S79°38'44"W 612.81' RIVERSIDE 56 SEE DETAIL "A" DOC. NO. 37703 O.R. 1HEREON PROPOSED R/W - -\1- °1.4.14711 579"38'44"W 612.81' EXISTING R/W 6=00°20'14" R=5105.00' L=30.05' N10°01'02"W (R) S A=06° 1 7'04 R=430.00' L=47.1 6' ROUTE 91 RIVERSIDE FREEWAY 3 4 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radian Bearing Title to State J 1 1 1 1 Access Prohibited 255 7 8 ROUTE 91 RIVERSIDE FREEWAY CA STATIONING NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22173-3 PERMAIVENT UTILITY EASEMENT FEET 0 50 100 200 300 PREPARED BY: PS OM AS 3 H Cee.r.e G . Ste. 7G_ Santa1ina California 92707 17141751-7373/(711)515.8883 (fax) DATE:04-04-12 REV.:2; 11-14-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 4.8 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Dr LEGAL DESCRIPTION Caltrans Parcel No. 22173-4 Temporary Construction Easement APN 118-090-001 In the City of Corona. County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded March 04, 1982 as Instrument No. 37703 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 05°28'01" East 14.78 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 05°28'01" East 5.21 feet continuing along said westerly line to a point thereon; thence North 79°08'56" East 574.09 feet to the beginning of a curve, concave southerly, having a radius of 5,120.00 feet; thence easterly along said curve 63.48 feet through a central angle of 00°42'37" to a point on the easterly line of said land; thence South 10°01'02" East 5.00 feet along said easterly line to the beginning of a non -tangent curve, concave southerly, having a radius of 5,115.00 feet, to which point a radial line bears North 10'08'27" West; thence westerly along said curve 63.41 feet through a central angle of 00°42'37"; thence South 79°08'56" West 575.56 feet to the True Point of Beginning. Containing 3,191 square feet. See Exhibit 'D2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:12PTGO105011SURVEYILEGALS122173_APN_I18-090-1O11Legal s1221734.doc Page I of 2 11/14/2012 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of Brian E. Bullock. PLS 5260 Date // /‘- /2 MA2PTG0105011SURVEYILEGALS122173_APN_l I8-090-0011Legals122173-4.doc Page 2 of 11/14/2012 EXHIBIT D2 PARCEL# TITLE AREA APN 22173-4 TCE 3191 SO.FT. 118-090-001 r I- 1 ' N10°08`27"W (R) I I ij • I '-, o (0 tO CO • ) PROPOSED R/W Nr w N N T o TPOB o � \ o o. � "r C 1 4. %1 �_ In Z Mall,I I 1 1 1 11 1 I l l 1 1 11 ..\ 1 P O B 1 4.7 8' 19.4 5' L1=00° 20'1 4" oTT o EXISTING R/W R=5105.00' Ln A... JT l N10°01'02"W (R) S810 118-320-009 DETAIL "A" N10°08'27"w (R) S8 `. LANos ' Q � LAND o ul 1°1V1,5, to ID 4r; POil., z ("Ni v4R1 �S 4�„ NOT TO SCALE aLDDK ba 52,0 �J��Y soUH R 1 V r fps 1 J r 'Oo� <3S. I. 9s'co •Y AND WATER Do., 5�90� .� 4 4),_, 916 (S.,s, CJ, � 561.E - 49- '00(4) LJT b lR) 07. DOC. NO. 37703 O.R. So °2F 4=06° 2- SEE DETAIL "A" R=430 an44' 1 TPOB HEREON L =4 7, j 6 PROPOSED R '-- � ,-- / 1 N79°08'56"E 574.09' } _ .w 575.56 ' 3a'44"W S79' 08`56"W 61 2.81 S79° EXISTING R/W o=00°20'14" R=5105.00' L=30.05' POB 91 RIVERSIDE FREEWAY N1Q°oi'o2"w (R) ROUTE 2 3 4 255 6 7 9 ....,....„ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND CURVE DATA POB Indicates Point Of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning {RI Indicates Radial Bearing Cl 5120.00" 00°42'37" 63.48' ( ) Title to State C2 51 1 5.00' 00°42'37" 63.41 ' 1 1 1 1 ( Access Prohibited I NOTES Coordinates and bearings are on CCS 1983{2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 7 3- 4 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. 1 FEET 0 50 100 200 300 PREPARED BY: PSOMAS _<.-_ - - ° 1 DATE:05-10-12 REV.:2; 11-14-12 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R1V 91 4,8 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-090-001 (CPNS 22173-1, 22173-2, 22173-3 and 22173-4): Cleon E. Benson, Jr., Trustee The Cleon E. Benson, Jr., and Mildred T. Benson Family Trust 1428 East 6th Street Corona, CA 92879 Record Owner Cleon E. Benson, Jr., Trustee Record Owner 1400 Pomona Corona, CA 92882 Cleon E. Benson, Jr., Trustee Record Owner 1673 Washburn Avenue Corona, CA 91720 Scott Heil, Esq. Courtesy Copy Redwine and Sherrill 1950 Market Street Riverside, CA 92501 DATED: July 26, 2013. 17336.0210018081626.1 4i700,41),42- Frances White lee-imeA, /44,744 A2/%% Order No.: 09306087-903-CMC Guarantee No.: CA-FXFC-IMP-81021-3-13-09306087 LITIGATION GUARANTEE SCHEDULE A Order No.: 09306087-903-CMC Guarantee No.: CA-FXFC-IMP-81021-3-13-09306087 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: March 27, 2013 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A Fee as to Parcel(s) A; Easement(s) more fully described below as to Parcel(s) B 5. Title to the estate or interest in the land is vested in: Nasser Etebar, Trustee of the Etebar Revocable Trust, dated June 24, 1982 as to an undivided 50% interest and Behzad B. Barouti and Angela T. Barouti, Trustees of the Bob and Angela Barouti Family Trust Established March 31, 2003 as to an undivided 500/0 interest 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and Ieast private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4, Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3r1 Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26, 2013. Wednesday, September II, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BE T : ' IEGER LLP By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Temporary construction easement (TCE)" refers to the right of ROTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100181699641 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Ca'trans Parcel No. 22177-1 Fee Acquisition APN 118-330-012 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 4 of that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of said Parcel, North 07°58'55" East 35.54 feet to the beginning of a non -tangent curve, concave southerly having a radius of 5,034.00 feet and to which beginning a radial line bears North 02°38'34"West; thence leaving said westerly line, easterly 241.40 feet along said curve through a central angle of 02°44'51"; thence on a non -tangent line, North 48°57'52" East 20.06 feet to a point in the easterly line of said Parcel 4, distant thereon North 07°57'35" East 40.06 feet from the most easterly southeasterly corner of said Parcel 4; thence along said easterly line and the southeasterly and southerly lines of said Parcel 4, the following three (3) courses: 1. South 07°57'35" West 40.06 feet, thence 2. South 52°57' 12" West 23.27 feet to a point on a curve concave southerly having a radius of 5,153.00 feet in the southerly line of said Parcel 4, a radial of said curve to said point bears North 01°18'56" East; thence 3. Westerly 237.28 feet along said curve through a central angle of 02°38' 18" to the southwesterly corner of said Parcel 4 and the Point of Beginning. Contains 9,635 square feet V:12PTG0105011SURVEY\LEGALS122177 Lega1122177-1.docx Last printed 6/26/2012 3:42:00 PM Page 1 of 2 PS OMAS t The distances described herein are grid distances and are based on California Coordinate 2 System of I983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 5 6 See Exhibit `AT attached hereto and made apart hereof. 7 8 9 10 11 12 Prepared under the direction of oitzec.Za•r•-- G • Z7 Zvi 13 Robert C. Olson, PLS 5490 Date 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 V:12PTGO1050113URVEYILEGALS122177 Lega1122177-1.docx Last printed 6/26/2012 3:42:00 PM Page 2 of 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 221 77-1 FEE BOE3 AND ANGELA BAROUTI FAMILY TRUST 9,635 SF 118-330-012 LINE TABLE L1 - N07°58'55"E L2 - S07°57'35"W L3 - S52° 57'1 2"W L4 - N48°57'52HE 35.54' 40.06' 23.27' 20.06' CURVE TABLE Cl - A=2638'18' R=5153.00' L=237.28' 718-330-008 RADIAL TABLE RI - N01 ° 19'22"W R2 - NO2° 38'34"W R3 - N01 ° 1 8'S6"E R4 - N00°06'17"E 118-330-017 Ln 0 1 i PARrr L PCL 3 w 1 In I ul r�� LC7 RROp05ED R/W 0X15T 1NG 3 R/W A a1 mL. ve A Q • NER /66-66 O N 0 N82°03'23"W29' 00G. NO 2003-404626; L'J R , MAP PCL 4 40/65-66 (221 77-1) 1 2b44"A, L-241 .4° L1 C1 N 68' Qw us � � Cc w b z r- uo � a �v z NI 4 'y � e 178-160-071 pOMOMA_ROAD_._ POM NA R ► AY 6 7 FREEWAY 265 ROUTE 91 RIVERSIDE V RS 8 LEGEND Indicates Radial Bearing Point of Beginning Title to State Access Prohibited I 9 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22177-1 FEE ACQUISITION FEET 0 50 100 200 �oa 270 PREPARED BY: PS O M A S 3 Hunan Centre Drive, Ste. MC San -a Ana Caitorn?a 32707 (714175,-73731(7141545-6693 (Fo:I DATE: 10-24-2011 REV. 3: 6-15-2012 EA: OF540 F A#: DISTRICT 8 COUNTY RIV ROUTE 91 SHEET PM SHEET NO. 5.2 1 TOTAL SHEETS 1 t PS OMAS EXHIBIT `BI' LEGAL DESCRIPTION Ca!trans Parcel No. 22177-2 Temporary Construction Easement APN 118-330-012 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 4 of that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said parcel; thence North 07°58'55" East 35.54 feet along a portion of the westerly line of said parcel to a point thereon, said point being the True Point of Beginning; thence North 07'58'55" East 81.32 feet continuing along a portion of last said line to a paint thereon; thence South 82°01'04" East 36.17 feet; thence South 02°07'54" East 73.50 feet to the beginning of a non -tangent curve concave southerly having a radius of 5,034.00 feet, to which point a radial line bears North 02°04'30" West; thence westerly along said curve 49.89 feet through a central angle of 0°34'04" to the True Point of Beginning. Containing 3,302 square feet. See Exhibit `132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG0105011SURVEY\LEGALS122177_APN_11 B-033-0121Lega1s122177-2-TCE.doc 5/17/2012 Page 1 of 2 1 PS OMAS Prepared under the direction of: a _6-1 /7-/Z Brian E. Bullock, PLS 5260 Date P:12PTG01050115l 1RV EYILEGA LS122177_A PV_ 1 18-033-01211_ega1s122177-?- rCF.dtk 5/17(2012 Page 2 of 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 221 77-2 LINE TABLE L1 - N07°58'55"E L2 - S52°57'12"W L 3 - N07° 58'S5"E L4 - S02°07'54"E TCE BOB AND ANGELA BAROUTI FAMILY TRUST 3,302 SF 1 1 8- 330-01 2 RADIAL TABLE R1 - NO1°18'56"E R2 - N01°19'22"W R3 - NO2°04'30"W R4 - NO2°3814"W 35.54' 23.27' 81.32' 73.50' 18-3[30-01 71 I CL 2 PCL 3 cn o I � I � I PAREL P,MpS1, w I LIl f 1—c° u-, ° a R /W PROPOSE° �XjsT IN 3 R /W 4 R4 TP09 N PMB 40/6 66 7 ROUTE 91 1 RIVERSIDE FREEWAY 265 CURVE TABLE C1 - 0=2°38'18" R=5153.00' L=237.28' C2 - A=0°34'04" R=5034.00' L- 49.89' 118-330-008 S82° 03'23"E 251.29' DOC, NO, 2003-404626 0 , R, MAP 4 016.5-moo PCL 582°01'04"E 36.1 7' ROLT ST AT LONiNG LEGEND [R) POB TPOB ( ) likli Indicates Radial Bearing Point of Beginning True Point of Beginning Title to State Access Prohibited 9 8 118-160-071 I 270 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 To obtain ground distances. All distances are in feet unless otherwise noted. 22177-2 TEMPORARY CONSTRUCTION EASEMENT FEET 0 50 100 200 300 PREPARED BY: P SOMA S 3 "utiUn Cenir- Gr➢..e, Ste- ZOO S]nia Arlo, Califgrnin ,12707 f7141751-7373, 131e1545-dAd3 (Fox DATE: 05-17-2012 REV.: EA: OF 540 DISTRICT 8 COUNTY RIV ROUTE 91 SHEET PM 5,2 SHEET NO. 1 F A#: TOTAL SHEETS 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-330-012 {CPN 22177-1 and 22177-2}: Behzad B. Barouti, Trustee of the Bob and Angela Barouti Family Trust Established March 3, 2003 9150 Benson Avenue Montclair, CA 91763 Angela T. Barouti, Trustee of the Bob and Angela Barouti Family Trust Established March 3, 2003 9150 Benson Avenue Montclair, CA 91763 Nasser Etebar Nasser Etebar, Trustee of the Etebar Revocable Trust, dated June 24, 1982 9150 Benson Avenue Montclair, CA 91763 Flora Etebar 9150 Benson Avenue Montclair, CA 91763 Record Owner Record Owner Behzad Barouti Record Owner 01301 Pomona Corona, CA 92882 Angela T. Barouti Record Owner 01301 Pomona Corona, CA 92882 Nasser Etebar Record Owner 01301 Pomona Corona, CA 92882 Flora Etebar 01301 Pomona Corona, CA 92882 Behzad Barouti c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Record Owner Record Owner Angela T. Barouti Record Owner c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Nasser Etebar Record Owner c/o Giant Inland Empire R.V. 920 RV Center Drive Colton, CA 92324 Behzad Barouti Record Owner 1060 W. Foothill Blvd Upland, CA 91788 Angela T. Barouti Record Owner 1060 W. Foothill Blvd Upland, CA 91788 Flora Estebar Record Owner 1060 W. FoothilI Blvd Upland, CA 91788 Behzad Barouti Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Angela T. Barouti Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Nasser Etebar Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Flora Etebar Record Owner c/o Rutan & Tucker, LLP P.O. Box 1950 Costa Mesa, CA 92626 Behzad Barouti Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Angela T. Barouti Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Nasser Etebar Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Flora Etebar Record Owner 6 Cherry Hills Lane Newport Beach, CA 92660 Behzad Barouti Record Owner 540 Westminster Mall Westminster, CA 92386 Angela T. Barouti Record Owner 540 Westminster Mall Westminster, CA 92386 Nasser Etebar Record Owner 540 Westminster Mall Westminster, CA 92386 Flora Etebar Record Owner 540 Westminster Mall Westminster, CA 92386 Behzad Barouti Record Owner CIO Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland, California 91786 Angela T. Barouti CIO Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland, California 91786 Record Owner Nasser Etebar Record Owner CIO Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland., California 91786 Flora Etebar CIO Law Offices of Richard G. Anderson 1365 West Foothill Blvd., Suite 2 Upland, California 91786 Record Owner Behzad Barouti Record Owner 421 E. 21 st Street Upland, California 91784 Angela T. Barouti Record Owner 421 E. 21 st Street Upland, California 91784 Nasser Etebar Record Owner 421 E. 21 st Street Upland, California 91784 Flora Etebar Record Owner 421 E. 21 st Street Upland, California 91784 Behzad Barouti Record Owner CIO Newmeyer & Dillion LLP 895 Dove Street, Suite 500 Newport Beach, CA 92660 Angela T. Barouti Record Owner CIO Newmeyer & Dillion LLP 895 Dove Street, Suite 500 Newport Beach, CA 92660 Nasser Etebar Record Owner C/O Newmeyer & DiIlion LLP 895 Dove Street, Suite 500 Newport Beach, CA 92660 Flora Etebar Record Owner C/O Newmeyer & Dillion LLP 895 Dove Street, Suite 500 Newport Beach, CA 92660 DATED: July 26, 2013. Frances White Order No.: 09306088-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306088 LITIGATION GUARANTEE SCHEDULE A R0 I-3 Order No.: 09306088-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306088 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. [late of Guarantee: July 19, 2012 at 7:30 a.m. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: VPM Magnolia Court LP„ a California limited partnership 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: I . Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September I I, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 9250I DATED: July 26, 2013. BEST BEST & KRIEGER LLP By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Temporary construction easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. l 7336,0? l 1 KA8169966,1 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Ca!trans Parcel No. 22186-1 Temporary Construction Easement APN 118-104-026, 031 & 050 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded April 10, 2012 as Document No. 2012- 0164276 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; said point being the beginning of a non -tangent curve concave southerly having a radius of 4,885.00 feet, to which point a radial line bears North 02°01'09" East; thence easterly along the northerly line of said land the following two (2) courses: 1) along said curve 517.10 feet through a central angle of06°03'54" and 2) South 81°54'57" East 92.86 feet to the northeasterly corner thereof; thence along the easterly line of said land South 07°57'53" West 6.31 feet to a point thereon; thence North 81'25'05" West 42.87 feet to the beginning of a curve concave southerly having a radius of 4,867.00 feet; thence westerly along said curve 567.14 feet through a central angle of 06°40'35" to a point on the westerly line of said land; thence along said westerly line North 07°57'19" East 6.68 feet to the Point of Beginning. Containing 3,754 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Grotmd distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. A;12PTGoI05011SURVEYNLEGALS122186_Al'N_118-104-031_118-104-026_I 18-104-05011.ega1s122186-1-TCE.doc pave I of 1/2112013 7 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of i 46(1-74 Brian E. Bullock, PL5 5260 Date P:12ITTG0105011.SlRiVEY1LEGAL5122186_APN_118-103-031_IFS-104-026_Ili-104-05011.ega1s122186-1-ICE.doc page 2of2 1/21/2013 EXHIBIT A2 TITLE SHERMAN AVENUE 30 PARCEL# 22186-1 32' 30' 270 3.754 SO.FT ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 N07° 57'1 9"E 1 9.63' POB NO2° 01 '09"E (R ) 6.68' 0=06°03'54" R=4885.00' L=517.10' R=4867.00' L=567.14' 3 APN 118-104-026, 031 & 050 4 5 6 ROUTE 91 RIVERSIDE FREEWAY 581 ° 54'57"E --.., r92.86_ N81 °25'05"W 42.87' LOT 1 - M, 412/80-83 R.S. 117/20 A=25°38`32" DOC. NO. 2012-0164276 O.R. R=91 .00' w L=40.73' 61 o w POR . LOT 6 95.63' ,�r, • P r- BL.00I< 87; M.D. 9/6 N07° 5 7' 1 9"E 0 o 7 o 7-0 ( SAN eERNARD I NO o Ir, COUNTY) N82°05'17"W z o o ° tr)o 1 47.94 o 0 z (f) 118-103-002 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State Access Prohibited 0 ti co 1n 206 N "D" STREET NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 221 Sb-1 TEMPORARY CONSTRUCTION EASEMENT FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre 5,-1,7, Ste, 733 =n1a A71,7, Ccl,fCrnia 32707 2053,1714)51,3-?Sc3 IF 7a� DATE: 01 -21 -1 3 REV.: EA: OF540 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. 8 R1V 91 5.2 1 FAtt: TOTAL SHEETS 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-104-026, 118-104-031 and 118-104-050 (CPNS 22186-1): VPM Magnolia Court LP 2400 Main Street, Suite 201 Irvine, CA 92614 VPM Magnolia Court, L.P., a California limited partnership 2400 Main Street, Suite 201 Irvine, CA 92614 DATED: July 26, 2013. Record Owner Record Owner Frances White .02/9.2. Order No.: 09306179-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306179 LITIGATION GUARANTEE rl RoN 10. �3-ass SCHEDULE A Order No.: 09306179-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306179 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: July 31, 2012 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4, The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Kenneth James Tressen and Sharon Ann Tressen, as Trustees of the Kenneth James Tressen and Sharon Ann Tressen Living Trust dated March 24, 1994 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: DATED: July 26, 2013. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside. California 92501 BEST BEST & KRIEGER LLP 0n By: Mar A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission EXHIBIT A LEGAL DESCRIPTION FEE All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 2 of Tract No. 7432-1, in the City of Corona, County of Riverside, State of California, as shown by Map on file in Book 86, Page(s) 7 and 8 of Maps, Records of Riverside County, Califomia. APN: 118-160-0 21-4 EXHIBIT A, PAGE t 1 ik ( _.w.� itiz �s�r'aw • fi 4:4} 1 op* r 133avd :Apt swri if t r Mt r AIM wrwr or Amer sr I1111.1.11111V / MOW" AR irmAir mow Art .41 JO ~mar rrr isorgrr IIP P emir ns w.r owl" Gs wr rrr wierrwr. + YrrmMn71 Amur /wrArI w A1r+III 011411 wrr 11~ w Arm w 1.411414•11. 0+1110 ~MI 71r1WP ► wrrrrfrr ,1• 41114.444 iw /llini'M A ,I i it t i� w 41. • 111101? lfNtt1AMM COIFa7 mew MMM trr.Mwill' • *WM .drf ale iM 9£1 6r IN d r 133L4Yri iAl••� .�f1•.fr „ er.., WAMy wHNNOYA I toMeV r a,Aim' �r • I 'se 1p WU:pm • Awl sb►ilWvar .+► di ~sr w r I idcrr rM Mwti v r aim. I • zf1.21,1/1 1011041RI rr Aft, , OW M • .w wr .••- k 4 �Jr EXHIBIT A, PAGE 2 ' r a..m h 1l fr,r ar ar D. Plq so ea'. a u w " +tale# ARM or " ro Yt" rr Or 'in MA IM7e1 t. :# .r-r IV .of A Jr WIT I Moro sr ' irts K" r " r 'r a- or.... Arrr ,1," r,r,.r. I r 1-triv blr tod 9l  8ll rod-.00 Mdl 9f-11 0jIL .0N low# Z9 /9/1,9019 OLB�Z , . at 9w9scov.9 99/0r Ire Bf60I  . 101-9619d Ind 9-V99 SOr n7 AIM Ps, Rp7 +DielasHI WM 8s r9/6 01, fr/Pr Wd 61rt61.+2nr so{n1aaM CZ-ZZall Yvd /1 699froN VW! OaIDeiif-rF/t91 7071 brN04/00 A1/,2 Mk/ Jr 3171#7 ALAMO 301013AN D! / All Mg r/a'7/ S, arr=35511 RK/ AI Arlon. Mr rr11 rV .r/ar I " - rorr ` raw sscodrad Plan' Ic cello I` PO r, ern mU EXHIBIT AT PAGE 3 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-160-021 (CPN 22192): Kenneth James Tressen Record Owner 2805 Mount Niguel Circle Corona, CA 92880 Sharon Ann Tressen Record Owner 2805 Mount Miguel Circle Corona, CA 92880 Kenneth James Tressen Record Owner 1195 Pomona Road Corona, CA 92882 Sharon Ann Tressen Record Owner 1195 Pomona Road Corona, CA 92882 DATED: July 26, 2013. 17336.02100\8082858 1 /OW Frances White Order No.: 09306220-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306220 LITIGATION GUARANTEE VON No. \'3-03ko SCHEDULE A Order No.: 09306220-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306220 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: August 7, 2012 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: McDonald's Corporation, a Delaware corporation, as surviving corporation of a merger with Franchise Realty Interstate Corporation, an Illinois Corporation 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Leman Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the Iegal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267,2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)i3} provides that your failure to file a written request to appear and be heard within I5 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: July 26, 2013. BEST BEST & KRIEGER LLP By: Miirk A. "aster Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. 17336.0210018088270.1 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION 3 1 Ca!trans Parcel No. 22215-1 5 Fee Acquisition 6 APN 118-183-026 i 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the deed recorded April 8, 1978 as Document No. 62041 of Official 10 Records of said County, described as follows: 11 12 Beginning at the northwesterly corner of said land; thence along the northerly and 13 easterly lines of said land the following three (3) courses: 1) South 81 °46'28" East 146.09 14 feet to the beginning of a curve concave southwesterly having a radius of 13.00 feet; 2) 15 southeasterly along said curve 20.38 feet through a central angle of 89°50'28" and 3) 16 South 08°04'00" West 24.47 feet to a point on said easterly line; thence North 36°55'03" 17 West 29.15 feet; thence North 81°54'58" West 59.51 feet to the beginning of a curve 18 concave northerly having a radius of 356.00 feet; thence westerly along said curve 84.75 19 feet through a central angle of 13°38'25" to a point on the northwesterly line of said land; 20 thence North 43°06'14" East 8.75 feet along last said line to the Point of Beginning. 21 22 Containing 2,671 square feet. 23 24 See Exhibit `A2' attached hereto and made a part hereof. 25 26 27 28 29 30 31 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P:12PTG010501ISURVEYILEGALS122215_APM_118-183-0261Legals122215-1 _ree.doc 1 I/62012 Page 1 of 2 PSOMAS 1 2 Prepared under the direction of 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Brian E. Bullock, PLS 5260 11-_ '6 -/z Date PA2PTG0105011SURVEYILEGALS122215_APN_118-183-0261Legals122215-1 Fee.doe 11/6/2012 Page 2 of 2 EXHIBIT A2 PARCEL * TITLE AREA APN 22215-1 FEE 2,671 SOFT. 118-183-026 I i 178-171-0191 }' IFLU' 118-171-049 1 � j �� LOT 1 „ �- - I� PARCEL 2 R/S 42/29 1 j I J_--�-`- STREET _ _ I __ -- --1-- POB a[ — i __-.1�- R=13.00' L=20.38' A=89° 50'28" j , S81 °46'28"E 1 46.09' I -' � 1 118- 183-053 (2221 5�- 0 � ,�`� R `846 00 J 59.51 ' Q 1 Lp �� �. a=� 3°38 25„ N81 °54'58"W 91 N. 5 ° 21 43 I�j•s',7 , , I m Q Ul 6-- 'T�,AC i n NO co \ \ \ `\ 1 a6 26 ,L"� 27"W R N36°55 03"W s 66 -, DOC. NO. 62041 O.R. P ° DSO 2., R/S 64/3 FOR, OF LOT 4; SL DCK 61 M.8. 9/6 SAN SERNARDINO CO, REC, N81 °42'27"W 1 80.00' v � I - ' m is; N I aZ lW I � I -‹ 1 o I Z 00 I___I I 0 0 cn 1 U 44.50' 1 Z ,-.. -- . N08°04'00"E I , r 35.00' N81 °42'27"W 1 1 5.23' I � 718-183-029 I " 118-183-031 I � LEGEND 1 POB Indicates Point Of Beginning {R1 Indicates 1 18-183-0271 I Radial Bearing ( )Title to State I 1. 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances end stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 1 5^ 1 FEE ACOUISITION distances. All distances are in feet unless otherwise noted. FEET 0 25 50 160 150 PREPARED BY: PSOMAS 3 MJtton Centre Dr;,e, Ste. 200 Santa Ana. Cailfornla 92707 (710ea1 -SJ53,t7'+15J5-BAB3 Ita.] DATE: 11-06-12 REV.: EA: OFS40 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 5. 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-183-026 {CPN 22215}: Franchise Realty Interstate Corp P. O. Box 182571 Columbus, OH 43218 McDonald's U.S.A., LLC Attn: Kwame Brathwaite 3800 Kilroy Airport Way, Suite 200 Long Beach, CA 90806 McDonalds Corporation, successor in merger with Franchise Realty Interstate Corporation, an Illinois corporation 10960 Wilshire Boulevard Los Angeles, CA 90024 McDonalds Corporation, successor in merger with Franchise Realty Interstate Corporation, an Illinois corporation 310 Lincoln Corona, CA 92882 McDonalds Corporation, successor in merger with Franchise Realty Interstate Corporation an Illinois corporation P.O. Box 182571 Columbus, OH 43218 DATED: July 26, 2013. 17336.02100\808313 8.1 Record Owner Record Owner Record Owner Record Owner Record Owner Order No.: 09305124-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-13-09305124 LITIGATION GUARANTEE (V2) RM NO. SCHEDULE A Order No.: 09305124-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-13-09305124 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: June 27, 2013 at 7:30 AM 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Li Li, a single man b. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California, The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26, 2013. Wednesday, September 11, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside. California 92501 BEST BEST & KRIEGER LLP By: f) Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission C/ Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. 17336.0210018169963,1 EXHIBIT A LEGAL DESCRIPTION FEE All that certain real property situated in the County of Riverside, State of California, described as follows: The Northerly rectangular 100 feet of the Southerly rectangular 1 Vz acres of Lot 9, in Block 64 of South Riverside Land and Water Company Lands, in the City of Corona, County of Riverside, State of California, as shown by Map recorded in Book 9, Page 6 of Maps, in the Office of the County Recorder of the County of Riverside, State of California. Excepting therefrom that portion conveyed to the State of California in deed recorded September 19, 1958, in Book 2377, Page 425, as Instrument No. 58088755 of Official Records. APN: 1 18-302-001-4 _ 1I 1YiS MAP 03 PREPARED FOR ASSESSUER1 P•APa9E9 CM.Y. Pa.IPUCP 19 AS9ivE0 FOR ix{ ACCURACY Of 1xE PAPA {POwP A15111.1.1 PAPCE4 YUr POP COMPLY rRR LOCAL LOT-54IT CP 1Ui1n11.1a SHE aAOHLAPCES APR ASSES:0R9 YAP 9Nf 1a Pfl 33 AlvanMa Cowl GPM. II I I POR. SECS. 25, 28, T 3S., R. 71N. 1C4TY OF CORONA 1` I L--1 I - ---- I 1 1� f f g Q P I q � QR:80( Pg117 D3 ' Sk 117 Pp 34 PB 29 PB 27 Pg 29 f 11PP 1\rlrrynca • FM P15I42-11 PAROIEL KlPlq, 10525 AelLe sasarnrRHERSoEuloeYu. lYi+h). F6 31,1 _ C1 4,43 FEE 9b toll%{ uv 2113 quid WHOM 118-30 8.34 8-35 DUI limbo D1.11 301.11.11 `11g3 i1319.51 ]I11rAt1 314 rEl. 1,11 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. I 18-302-001 (CPN 22228): Li Li 1108 W. Valley Boulevard, #6 Alhambra, CA 91803 Li Li 128 Vicentia Avenue Corona, CA 92882 DATED: July 26, 2013. 17336.0210018169941. l Record Owner Record Owner Frances White ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in portions of certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. A legal description and an assessor parcel map showing the general location of the property to be attached to this notice as Exhibit "A." A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of hearing will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: August 23, 2013. Wednesday, September 11, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or tee simple absolute, grants to ROTC, absolute ownership of the portion of the property to be acquired, "Permanent Wall Footing Easement" grants to ROTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinhefore mentioned. "Temporary construction easement (TCE)" refers to the right of ROTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that ROTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.0210018221519.1 PSOMAS I 2 a Caltrans Parcel No. 222574 Fee Acquisition APN 117-102-029 EXHIBIT `Al' LEGAL DESCRIPTION 7 8 In the City of Corona. County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 30004, as shown on map on file in Book 200, Pages 63 and 64 of to Parcel Maps, in the office of the County Recorder of said County, described as follows: t1 12 Beginning at the northwesterly corner of said Parcel 1; thence along the northerly line of 13 said Parcel 1, South 74°55'54" Fast 365.85 feet; thence leaving said northerly line, North 14 81 °06'06" West 236,85 feet to the beginning of a curve, concave to the north and having 15 a radius of 3,059.00 feet; thence westerly 58.73 feet along said curve, through a central 16 angle of 01 °06'00" to the beginning of a compound curve, concave to the north and 17 Laving a radius of 538.00 feet; thence westerly 67.94 feet along said curve through a 18 central angle of 07°14'07" to the westerly line of said Parcel I; thence along said westerly 19 line, North 08°03'27" East 33.18 feet to the point of beginning. 20 21 Contains 6,950 square feet 22 23 The distances described herein are grid distances and are based on California Coordinate 24 System of 1983, Zone 6, 2007A0 epoch. Ground distances may he obtained by dividing 25 grid distances by the mean combination factor of the courses being described. The mean 26 combination factor for this conversion is 0.99997476. 27 28 See Exhibit 'A2' attached hereto and made apart hereof. 29 M:'CPT(1010501',SURVFY,LEGAI S'.22257_APN_117-102-0294.egals'.27257•1.dncx Page I of 3 Last printed 3; 12i701? 7; 12110 AM PSOMAS t This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access. appurtenant to 3 Grantor's remaining property, in and to said freeway. 4 s u to 11 12 13 14 15 16 Robert C. Olson, PLS 5490 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 This legal description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. This legal description has been prepared by me or under my direction: Date N17`.2PTC101 }.501',SIJRVEYIF(IAI ti ' 157_APN_117-IU2-0291,egais',22257-1.docx Page 2of3 Lest printed 3/ 1212012 ?:nil A N1 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22257-1 FEE SAVE MOST DESERT RANCHO, LTD. 6,950 SF 117-102-029 F 1 F 1 t 2 3 4 335 6 i 7 { ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ROUTE 9 I RI VED DE FREE WA y N08°03"27"E 89.01' N75°55'54"� 450•29' PROPOSED R/W N40° 01 '06"W � 22257- i N46° 25'23"W <o 6.82' C1 58.27' _ EXISTING R/W _ o p - o o p - ,- Z.� < 7 _1,- (N in El — , •n T' \ --Lo �` ~ Cn L7 : LLl o l —I� a 1- Q c)� I (V I vLs) PARCEL 1 1 EN J J J i P � NI , �l �J , .30004 P1�11g 2001d-6I O 1 cs 1 O I o A=26° 1 8'39"W 1 z R=30.00' 1 L=13.78' R2 �`'1 —". r� v ' o 0 z 50' 1--u � v") F`' 50' CI) N81 °56'03"W 479,26" - - r� - WEST 3RD STREET RADIAL TABLE LEGEND R1 - 548023'21 "E (R) Indicates Radial Bearing POB Point of Beginning R2 S22 04 42 E ( ) Title to State i E 1 1 l Access Prohibited NOTES 22257-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99991476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. i FEET o 50 100 200 300 PREPARED BY: PSOMAS wd,,,, 71a)-1.,ti,_E, n ) DATE: 10-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 6.4 1 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22257-1 FEE SAVE MOST DESERT RANCHO, LTD. 6,950 SF 117-102-029 Poe J ROUTE 9 4 s75 °55'5 4 E RiVERSI�E FREEWq Y 575°5S'S4"E rM __Fa 365.85 50'29' —___ ` — — LC C1 N81 °06'06"W 236.85' — EXISTING R/W C22257-1 PROPOSED R/W N40°01'06"W 6.82' PAROEL 1 Lo R,NI, NO, 30004 v s ME] 200/63— 4 w In 0 c\J 0 co LINE TABLE z Ll - N08°03'27"E 89.01' RADIAL TABLE R3 - 517°14'01"W LEGEND (R) Indicates Radial Bearing CURVE TABLE POB Point of Beginning ° Cl - A=0106'00 R=3059.00' L=58.73 ( ) Title to State !Lilt Access Prohibited C2 - A=07°14'07" R= 538.00' L=67.94' NOTES 22257-1 Coordinates and bearings are on CCS 1983(2007.00) Zane 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS DATE: 10-26-11 REV.:2; 03-12-12 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 6.3 2 2 PS OMAS I EXHIBIT `131' 2 LEGAL DESCRIPTION 3 4 Ca!trans Parcel No. 22257-2 5 Fee Acquisition 6 APN 1 l 7-102-029 k 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 l of Parcel Map No. 30004, as shown on map on file in Book 200, Pages 63 and 64 of 10 Parcel Maps, in the office of the County Recorder of said County, described as follows: II 12 Beginning at the most southern southeasterly comer of said Parcel 1; thence along the 13 southerly line of said Parcel 1, North 81'56103" West 35.82 feet to a point of cusp of a 14 tangent curve, concave northwesterly, and having, a radius of 19.00 feet; thence easterly 15 14.86 feet along said curve through a central angle of 44°49'13"; thence North 53°14'44" 16 East 24.63 feet to the beginning of a curve, concave to the northwest and having a radius 17 of 20.00 feet; thence northeasterly 15.78 feet along said curve, through a central angle of 18 45°11'33"; thence North 08°03'11" East 215.17 feet; thence North 36'31'35" West 24.95 19 feet to the northeasterly line of said Parcel l; thence along said northeasterly line. and 20 along the westerly and southwesterly lines of said parcel, the following three (3) courses: 21 1. South 46°25'23" East 32.57 feet; thence 22 2. South 08°03113" West 241.73 feet to the beginning of a non -tangent curve, concave 23 to the northwest, having a radius of 30.00 feet and to which beginning a radial line 24 , bears South 48°23'21" last. thence 25 3 Southwesterly 13.78 feet along said curve through a central angle of 26° 18'39" to the 26 point of beginning. ?7 28 Contains 2,726 square feet 29 30 31 M:,2PTc:01050115URVtiY'q.EGAI.S'22257 AIJN 117-1U2-0291.egals''222.57-2.do.- Page 1 or last printed 3/12 2.012 7:13:00 AM PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zane 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit ` 32' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. This legal description has been prepared by me or under my direction: C. Za4,.— Roberet. Olson, pi 5490 Date 3• /‘. Zvi2- 10: 2PT(1010501 %St.AVE.Y'',1.(:GALSs22257 APN 1 17-102.07.9 ,egals 22257-Z.does Page 2 of 2 Last Printed 3. 12/2012 7:13:00 AM EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22257-2 FEE SAVE MOST DESERT RANCHO, LTD. 2,726 SF 117-102-029 1 2 3 ROUTF 91 R1VER5IDE FREEWAY, C/L STATIONING N08°03'27"E, 89.01'� N40° 01 '06"W 6.82' i1 "`r-.� c111n co v� c-) •1) "�� Q) 0 t�l u1 �. �0-� 1 V�i (n 117-101-001 N08°02'05"E 246.27 335 6 7 ROUTE 91 RIVERSIDE DE FREEWAY N75°55,54„ 45 .29' N46° 25'23"W 58.27' EXISTING R/W PARrr L 1 P , nl1 ND-,1-100D4 PN19 C.LQ,ht:43n'if (22257-2 N81 ° 56'03"W LEGEND (R) Indicates Radial Bearing P06 Point of Beginning ( } Title to State i i i i t Access Prohibited PRQPQSED R/W A=26° 1 8'39"W R=30.00' L=13.78'� R2 v 479.26' WEST 3RD STREET RADIAL TABLE R1 - S48°23'21 "E R2 - S22°04'42"E NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. Alf distances are in feet unless otherwise noted. Q N w r .) 0 ° CO 0 z 50 MAIN STREET 50' 22257-2 FEE ACQUISITION 1 FEET 0 50 100 200 300 PREPARED BY: PSOMAS DATE: 10-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS .. • RIV 91 6.4 1 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22257-2 FEE SAVE MOST DESERT RANCHO, LTD. 2,726 SF 117-102-029 r i I -n- f I' —I -t "-t" --h `h- '� f— �--- — _ iV96 ° RADIAL TABLE -N.SScDS- I N46°25`23"W \ •2>�� R1 - 548°23'21"E 25.71' R2 - S22°04'42"E N36°31 '35"W LINE TABLE 24.95' L2 L1 - N81 °56'03"W 35.82' L2 - S46°25'23"E 32.57' EXISTING R/W .,'" , I ti -.1 In NI - -�, PARCEL 1 P A , NO, 30004 PM2 00/63`64 _ In � 0 ° 1 co PROPOSED R/W z I - I rn • N Lu r-, 1--- W Lul � v} Z N53° 1 4'44"E C2. 24.63'�---- C 1 , ,Q� 0ph ° co a z 50` � � 50' .10 — A=26°1 N81°56'03"W '39"W ' 443.44' L1 R=30.0 7- N81°56'03"W 479.26' L=13.78' WEST 3RD STREET POB _ LEGEND (R) Indicates Radial Bearing CURVE TABLE POB Point of Beginning ° Cl - A=44°49'13 R=19.00 L=14.86' Title to State H i l l Access Prohibited C2 - A=45 11 33 R=20.00' L=15.78 NOTES 22257-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Nu;r.,r, e Orlvw Tie. 2oa Santaiornio �2�7p7 I7r41r50.,3,=,1714r545-R983 1Fa.1 DATE: 0-26-11 REV.:2; 03-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM 'SHEET NO.TOTAL SHEETS 8 R I V 91 6.3 2 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22257-3 Permanent Wall Footing Easement APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 30004, as shown on reap on file in Book 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the northerly line of said Parcel 1, distant thereon South 74°55'54" East 365.85 feet from the northwesterly comer of said parcel; thence North 81°06'06" West 236.85 feet to the beginning of a curve, concave to the north and having a radius of 3,059.00 feet; thence westerly 58.73 feet along said curve, through a central angle of 01 °06'00" to the beginning of a compound curve, concave to the north and having a radius of 538,00 feet; thence westerly 67.94 feet along said curve through a central angle of 07° 14'07" to the westerly line of said parcel; thence along said westerly line, South 08°03'27" West 6.08 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 544.00 feet and to which beginning a radial line bears South 17°07'53" West; thence easterly 107.08 feet along said curve through a central angle of 11 ° 16'40" to the beginning of a reverse curve, concave to the south and having a radius of 544.00 feet; thence easterly 28.91 feet along said curve through a central angle of 03°02'4 I"; thence South 81°06'06" East 264.47 feet to said northerly line of Parcel 1; thence along said northerly line, North 74'55754" West 37.21 feet to the point of beginning. Contains 1,735 square feet V:12PTG0105011SURVEYILEGALS122257_APN_117-102-0291Legals122257-3.docx Page 1 of Last printer! I0/28/2011 10:14:00 AM PS OMAS 1 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 5 6 See Exhibit `C2' attached hereto and made apart hereof. 7 8 This legal description is not intended for use in the division and/or conveyance of land in 9 violation of the Subdivision Map Act of the State of California. 10 11 12 13 14 This legal description has been prepared by me or under my direction: 15 16 17 18 �a. Zes• Zr I/ 19 Robert C. Olson, PLS 5490 Date 20 21 22 23 24 25 26 27 28 29 30 31 V:12PTG0105011SURVEYILEGALS122257_APN_117-102-0291Legals122257-3.docx Page 2 of Last printed 10/28/2011 10:14:00 AM EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22257-3 PE SAVE MOST DESERT RANCHO, LTD. 1,735 5F 117-102-029 l + (- 2 3 4 335• ROUTE 91 R VERSIDE FREEWAY 6 7 I C/L STATIONING + I ROUTE 91 ' RI vERSIDE F REEkm y I i � i N08°03`27"E 89.01' N75°55,544 45p.29' PROPOSED R/W I I I j N40°01 '06"W � N46°25'23"W t Lb 6.82' � 58.27' EXISTING R/W I I I O + Q I o I- � i ' —1 c4 LLi � C\I li 3 E l --• to L I VLt1 .-� cn •0• �I al �' Chi --I it � in —ial �— -`n 1- 7) c) � r N l I .crc9 rPARD�L 11�(�(� { I N P -. M 1 1`�O .' 30004 PI�1F� 2UlJl` U �J I O l I � I aA=26°18'39"W z .00' —I 1 L=1 3.78' (.I ` R� _ r� ~ N I _ 1-11 v I w CC N i V) i Z o i Q co i z 50'; 50' (� N81°56'03"W �, 479.26' ----------WEST 3RD STRrET�---------L---- RADIAL TABLE LEGEND RI - S4&p23'21 IR) indicates Rodiol Bearing POB Point of Beginning �E R2 - 522 04'42' E c ) Title to State d ill Access Prohibited NOTES 22257-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT i ground distances. All distances are in feet unless otherwise noted. FEET 0 50 :00 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 26oSanto Ana, CoOfornlo 92707 (714)481 60534714i545-8883 Vox) DATE: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS a 8 R I V 91 6.3 1 2 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22257-3 PE SAVE MOST DESERT RANCHO, LTD. 1,735 SF 117-102-029 LINE TABLE RADIAL TABLE L1 L2 ‘:1-1 i r J - N08°03'27"E 89.01' R3 - 517°14'01"W - S08°03'27"W 6.08' R4 - S17°07'53"W ROUTE91 RIVERSIDE S75°55•54„E " E FREEWAY co S7sa55,s4 re) 365.8S 50.29' �� 'o3 ______ r ~~ 2. C2 Cl N81 °06'06"W O L r 236.$5` _ _ _ _ �- — _,._, W 6=1 1 a1 6'40" — C3 o „ — ■ . fY] R=544.00' S81 06'06 E 264.47'- L=107.08' FXISTING R/W PROPOSED R/W W ` '_7' '06"W Z� W 6.82' 6.82' c\i vr La W in on Pr'1RG L 1 P,M, N0, 3Uoo4 `____ 575°55'54, POS S 75° 55'S4 al 0 N co Q E 365.85, 450.29' N81°06'06"W 236.85` -- -}- `}- co z I LaiW in -I— f--- f--1 --1 —+ -f - ± -- -- ` --- 1-1-1 —I - - -+ + +- -- 3 7.2 ? ' 581°06'06"E - 264.47' CURVE TABLE °06'00" LEGEND Cl - A=01 R=3059.00' L=58.73' C2 -- 0=07° 1 4'07" R= 538.00' L=67.94' (R) Indicates Radial Bearing POB Point of Beginning ° , C3 - 0=03 02 41 R= 544.00' L=28.91 ( ) Title to State L i 1 1 i Access Prohibited NOTES 22257-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0,99997476 to obtain distances. All PERMANENT WALL FOOTING EASEMENT ground distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS Drive,3 Hutton Centre Santo Ana, CoOforrnio9z00 270I (7I41481-8053/i7141545-8883 (Faxi 04.1E: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6.3 2 2 1 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Dr LEGAL DESCRIPTION Caltrans Parcel No. 22257-4 Temporary Construction Easement APN 117-102-029 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 30004, as shown on map on file in Book 200, Pages 63 and 64 of Parcel Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the westerly line of said Parcel 1, dis-tant thereon South 08°03'27" West 39.26 feet from the northwesterly corner of said parcel, said point being the beginning of curve, concave northerly, and to which beginning a radial line bears South 17°07'53" West; thence easterly along the arc, through a central angle of 11°16'40", a distance of 107.08 feet to the beginning of a reverse curve, concave to the south and having a radius of 544.00 feet; thence easterly 28.91 feet along said curve through a central angle of 03°02'41 "; thence South 81 °06'06" East 264.47 feet to the northerly line of said Parcel 1; thence along said northerly line, and the northeasterly line of said parcel, the following two (2) courses: 1. South 74°55'54" East 47.23 feet; thence 2. South 46°25'23" East 25.71 feet; thence leaving said northeasterly line, South 36°31'35" East 24.95 feet; thence South 08°03'11" West 215.17 feet to the beginning of curve, concave to the northwest and having a radius of 20.00 feet; thence southwesterly 11.10 feet along said curve, through a central angle of 31°47'18"; thence on a non -tangent line, North 08°03'11" East 217.36 feet; thence North 36°31'35" West 56.43 feet; thence North 81'06'06" West 442.79 feet to the westerly line of said Parcel 1; thence along said westerly line, North 08'03'27" East 10.07 feet to the point of beginning. Contains 3,562 square feet V:12PTG0105011SURVEYILEGALS122257_APNJ17-102-0291Legals122257-4.docx Page 1 of Last printed 10/28/2011 10:26:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 PS OMA5 The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `D2' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the Subdivision Map Act of the State of California. This legal description has been prepared by me or under my direction: Robert C. Olson, PLS 5490 Date V:12PTG0105011SURVEYILEGALS122257 APN_1 17-102-0291.egals122257-4.docx Page 2 of Last printed 10/28/2011 10:26:00 AM EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22257-4 TCE SAVE MOST DESERT RANCHO, LTD, 3,562 SF 117-102-029 ( � I 1 2 3 4 335 ROUTE 91 RIVERSID WAY s 7 ` C/L STATIONING ROUTE 9/ RVE0 E FREEWA Y N 0 8 ° 0 3' 2 7"E N75°55.54"W g , �._ -_w . 1- ,74 -(_. -r�� r4--i--t -H-_ — - 89.01 - - . _=..-__� PROPOSED R/W N40°01'06"W - y Z-Z. 0 N46°25`23"W � ko 6.82' 1 1 58.27' - EXISTING R/W p n o ( i -i c� L>_I� (TN 1D E to ,' ^- - Q 1 ,cry 0 ,0i ���� 1--. ci -, 1-- m 1- n 7, PARCEL 1 N 30004 w,NJ N ,o -P)� S 00/63-4(/) , o_ ° z R=30.00' -1 L=13.78' �„50' R`+ � Ici.Qui; Lu 50' �_� en N81 ° 56'03"W v 4 79.2£ ` NI WEST 3RD STREET RADIAL TABLE LEGEND (R) indicates Radial Bearing POB Point of Beginning R1 - S4$Q23�21 E R2 - 52204 42E ( ) Title to State ( 1 1 1 1 Access Prohibited NOTES 2 2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 5 7 - 4 TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92107 (7(4}401-653/(714)545-0803 (vox} DATE: 0-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6.3 1 3 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA AP 22257-4 TCE SAVE MOST DESERT RANCHO, LTD. 3,562 SF 117-102-029 rr,1 cc! ROUTE 91 RI VERSID 575°55'54"E E FREEWq Y 575°55'54"E 39.26' A=11 °16'40" 365.85?0.29' �� ••: R=544.00' -- ,- '. _ • •:W .a S81 °06'06"E 4 J /p N81 06'06 W — -- _ �_ 442.79' •0,- FXISTING R/ PROPOSED R/W N40°01 'o6"W 22257-4 4,,,_ 6.82' It PARCEL. I c\J P , loll , NO, 30004 Q PNID 200/63-61 CV w - in a N O 0 CO O z RADIAL TABLE IR3 - S17°07'53"W CURVE TABLE LEGEND C1 -- A=03°02'41" R= 544.00' L=28.91' (R) !ndicates Radial Bearing LINE TABLE POB Point of Beginning ° „ L1 - N08 03 27 E 89.01' c ) Title to State i l l I t Access Prohibited NOTES 22257-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6.Distances and stationing are grid distances. Divide by D.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. Ali distances are in feet unless otherwise noted. i FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Driver Ste. 200 Santa Ana, California 92707 41481-0053l17141515-8883 Wax (71} DATE: 0-26-2011 REV.: EA: OF540 FAit: DISTRICT COUNTY ROUTE - SHEET PM SHEET NO. TOTAL SHEETS $ R I V 91 7 6.3 2 3 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22257-4 TCE SAVE MOST DESERT RANCHO LTD. 3,562 SF 117-102--029 1--- -F- F--f-1 S75°55.54,,,_ 2§4.4 365.85, - f -I- -f- -+- -1- f- I-1 _fir- °06'06"W 442,79'� S36 PAnEL I P , M , NO, 3000 PM8 200/63-64 L=1 1 .1 0' L2 L 3 � 9 °31'35"E 24.95' � N 96° 6'492S- .2�?3 .\ ! �� ) i D M T `" E � w• Ek M E O , o co OI C1 ���� '��� L1 ___/_._ ` `n `" ; �M Q o _ w , , 'Tr-) NI w �1 O o 00 z 50' W W rt `-, 01 M 00 o co o co o . . i3O O M 4�I M , -- II II II dctJ 581 °06'06"E 1-1---1-1-4 -I- -1= LINE TABLE N81 25.71' 47.23' 56.43' R=20.00' '35"W L2 -- 546°25'23"E L3 - S74°55'54"E L4 -- N36° 31 RADIAL TABLE R1 - S48°23'21"E R2 - S22°04'42"E R4 - S81 ° 56'49"E CURVE TABLE Cl - A=31 °47'1 8" i • M N81°56'03"W 479.26' WEST 3RD STREET LEGEND IR) Indicates P06 Point of Radial Bearing Beginning State Prohibited ( ) Title to ) I i i i Access NOTES 22257-4 TEMPORARY CONSTRUCTION EASEMENT 1- Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Huti-on Centre Drive Ste. 700 Santa Ano, California 62707 1714)481-8053/1714)515-6e83 IForl DATE: 10-26-2011 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6.3 3 3 PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on August 23, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 117-102-029 (CPN 22257-1 and 22257-2): Global Corporate Center Inc. 3575 S. Santa Fe Avenue Vernon, CA 90058 Record Owner Save Most Desert Rancho Ltd. 200 South Main Street Corona, CA 92882 Record Owner Save Most Desert Rancho Ltd. 23272 Mill Creek Drive, No. 330 Laguna Hills, CA 92653 Record Owner Save Most Desert Rancho Ltd. c/o Mr. Robert L. Wish 20532 El Toto Road, Suite 3021 Mission vi8ejo, CA 92691 Record Owner DATED: August 23, 2013. 17336.0210018088247.1 lX Ma aret L. Barnes Order No.: 09305894-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-13-09305894 LITIGATION GUARANTEE R01\) No. t3-939 SCHEDULE A Order No.: 09305894-903-CMC Guarantee No,: CA-FXFC-IMP-81021-1-13-09305894 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: January 31, 2013 at 7:30 A.M. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Condemnation 4. The estate or interest in the land which is covered by this guarantee is: [A FEE] 5. Title to the estate or interest in the land is vested in: Michael Dionisiou and Sandy Dionisiou, husband and wife as joint tenants 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof, 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/1602) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of hearing will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon CIerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 9250I DATE OF HEARING: PLACE OF HEARING: DATED: August 23, 2013. Wednesday, September 11, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the portion of the property to be acquired. 17336.0210018221517.1 PSOMAS EXHIBIT `A1' LEGAL DESCRIPTION Caltrans Parcel No. 22585-1 Fee Acquisition APN 102-420-033 In the City of Corona, County of Riverside. State of California, being a portion of the land described as Parcel 1 as shown on the parcel map filed in Book 158, Pages 99 through 101 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Beginning at the most westerly corner of said Parcel 1; thence along the westerly and northerly lines of said Parcel 1 the following three (3) courses: 1) North 09°27'11" East 117.25 feet to the beginning of a curve concave southeasterly having a radius of 23.00 feet; 2) northeasterly along said curve 35.19 feet through a central angle of 87°39'42"; and 3) South 82°53'07" East 3.09 feet to a point on said northerly line; thence South 52°46'48" West 32.02 feet; thence South 07°50'47" West 117.11 feet to a point on the southerly line of said Parcel l; thence North 80°32'49" West 6.46 feet along said southerly line to the Point of Beginning. Containing 777 square feet. See Exhibit `112' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. P:12PTG0105011SURVEYILPGALS122585_APN_102-020-0331Legals122585-1-Local doc 11/6/2012 Page 1 of PS OMAS I 4 Prepared under the direction of 5 6 7 f‘, eed 8 Brian E. Bullock, PLS 5260 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17-a7-iz Datr P:12PTG0] 05011SURVEYILEGALS122585_APN_ 102-420-03311.ega1s122585-1-Local, doc 11 /6/2012 Pagc 2 of 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22585-1 FEE 777 SOFT. 102-420-033 W r I WARDLOW '7 cc' ` ^ 27.5' �=87° 39'42" ROAD j R=23.00' -- — — -_ - —- - - -— — — _-_� L=35.19' WARDLOW ROAD �I--- - — — — — ----------- —I-- - ti i � S82° 53'07"E � I — 55" V� 44' 147.86' 1 SEE SHEET 2 ) 27.5' /P, O1 =in P, M, 232 / 73--75 1~1 . �N -11 ` - ;'CI01— \z /FOR DETAIL DOC.# 2005 i 0030088 & 2005- 0030089 O,Rf� ' �� M 19 �If 9�- � 01 P,,,-' 22585-1) PDI , 2 702-420-058 1 FCL, 1 0 N45°47'50"W o 102-420-034 POB- 68.03' ° Q N80° 32'49"W 20.00' S25° 1 5'48"W(R) S27° 1 8'52"W(R) A=02°03'04" R=3000.00' L=1 07.39' ROUTE 91 RIVERSIDE FREEWAY ROUTE 97 RIVERSIDE FREEWAY LEGEND C/L STATIONING (R) Indicates Radial Bearing POB Point of Beginning 2 3 4 195 ( ) Title to State I I i i I Access Prohibited NOTES 22585-1 Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACOUISITION ground distances. All distonces ore in feet unless otherwise noted. I FEET 0 40 80 160 240 PREPARED BY: RATE: 07-18-12 REV.: 11-06-12 EA 0E540 FAtt: PSOMAS S Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santo Ana California 92707 W AIT5i-7373.4714)5<5-BBB7 (Faxi 8 RIV 91 3. 7 1 r EXHIBIT A2 PARCEL# 22585-1 TITLE FEE AREA 777 SOFT. APN 102-420-033 I IL --- I A=87° 39'42" � R=23.00' q L=35.1 9' I N EXISTIING R/W POB 6.46' ROUTE 97 WARDLOW ROAD ------ -- S82°53'07"E 147.861 S52°46'48"W 32.02' (22585- 0 DOC.# 2005- °030088 & 2005- °030089 O.R. 0 2 PROPOSED R/W / N80°32'49"W 20.00' S27°1 8'52"W(R) LEGEND RI1/ERs fD E (R) Indicates Radial Bearing POB Point of Beginning Title to State I Ili l Access Prohibited PGA , 1 N45°47'50"W 68.03' A=02°03'04" R=3000.00' L=107.39' S25° 1 5'48"W(R) POI , 2 102-420-034 M M tD N 547°d5'Oi"W NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22585-1 FEE ACQUlSIT!ON FEET 0 20 40 80 120 PREPARED BY: PSOMAS 3 Hutton Centre ❑rkve Ste. 200 Santa Ana, Contemn] 92707 (114}751-7373/171AISASAAA3 (Fax) DATE: 07-16-12 REV.:11-06-12 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.7 2 2 Lot Report Lot File: P:\2PTG010501\SURVEY\MAPCH£CK\22585.10t CRD File: P:\2PTG010501\SURVEY\MAPCHECK\X-SNDY-MASTER Parcels.crd LOT 22585-1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting PdA3 997 2267136.88 6148047.35 N 09°27'11" E 117.25 998 2267252.54 6148066.61 Radius: 23.00 Length: 35.19 Chard: 31.86 Delta: 87°39'42" Chord BRG: N 53°17'02" E Rad-In: S 80°32'49" E Rad-Out: S 07'06'53" W Radius Pt: 999 2267248.76,6148089,30 Tangent: 22.08 Dir: Right Tangent -In: N 09°27'11" E Tangent -Out: S 82°53'07" E Tangential -In Tangential -Out 1000 2267271.58 6148092.15 1001 1002 1003 S 82°53'07" E 3.09 S 52'46'48" W 32.02 S 07°50'47" W 117.11 N 80°32'49" W 6.46 997 Closure Error Distance> 0.0000 Total Distances 311.12 LOT AREA: 777 SQ FT OR 0.018 ACRES 2267271.20 2267251.83 2267135.82 2267136.88 BLOCK 1 TOTAL AREA: 777 SQ FT OR 0.018 ACRES 6148095.21 6148069.71 6148053.72 6148047.35 PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on August 23, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-420-033 (CPN 22585-1): Michael Dionisiou 7132 Country Club Lane Anaheim, CA 92807 Sandy Dionisiou 7132 Country Club Lane Anaheim, CA 92807 Michael Dionisiou 2541 Del Sur Santa Maria, CA 93455 Sandy Dionisiou 2541 Del Sur Santa Maria, CA 93455 Kevin Richards P. O. Box 907 Templeton, CA 93465 DATED: August 23, 2013. Record Owner Record Owner Record Owner Record Owner Courtesy Copy ,aitete uG • *- Margaret L. Barnes evq..."G 515� Guarantee Number: 12002683 g01\) 1i o. 13 - o1-k 0 SCHEDULE A 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: July 5, 2013 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for: Condemnation 4. The estate or interest in the Land which is covered by this Guarantee is: A FEE 5. Title to the estate or interest in the Land is vested in: Maude -Corona LLC 6. The land referred to in this Guarantee is situated in the County of Riverside, State of California, and is described in Exhibit "A" attached hereto and made a part hereof. CLTA Guarantee Form No. 1 Litigation Guarantee (Rev 12-16-93) Page 2 INDIAN WELLS (7801 5 68-2 6 1 1 IRVINE (949) 283-2600 LOs ANOELES (213161 7-8100 ONTARIO (909) 989-8 58 4 MONA NEMAT (95 I ) 828-82 15 MONA. NEMAT@BB KLAW. COM MIK BEST BEST & KRIEGER � ATTORNEYS AT LAW 3390 UrovERSITV AVENUE, STH FLOOR, P_O_ Box 1 028. PHONE (9511 688-1450 FAX: (95 1) 686-3083 August 8, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3"' Floor Riverside, California 92501 SACRAMENTO 19 1 6) 325-4000 5AN ❑IEOO (819) 525-I300 WALNUT CREEA (925) 977-3300 RIVERSIDE, CA 82502 WA* WA HINOTON, DC �ilir��'�'q 7r60o AUG 0 8 2013 U RIVERSIDE COUNTY TRANSPORTATION COMMISSION VIA HAND DELIVERY Re: Amended Notice of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for September 11, 2013 RCTCISR91 Capital Improvements Project Property Ownership: Maude -Corona, LLC, APNS 118-260-016 and t 18-260-017 (CPNS 22644-1, 22644-2, 22644-3 and 2264-4) Dear Jennifer: Attached is an original Amended Notice of Hearing to Property Owners, with proof of mailing, of the hearing on the adoption of a resolution of necessity scheduled for September 11, 2013. This Amended Notice is being issued as a correction to the notice mailed on July 26, 2013. Please do not hesitate to contact me, should have any questions. Very truly your. Mena Nemat Partner of BEST BEST & KRIEGER LLP Attachment 17336.02100\8203326,1 AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the Iast equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the Iegai descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.0210018202923.1 California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of hearing will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: August, 2013. BEST BES,�& KRIEGER LLP By: 7 ca46t7 Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission 17336.02 l 0018202923. l Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Access Easement" refers to a temporary easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. 17336.0210018088255. I DCHIBIT A, PAGE 1 Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02 t 0018088255.1 EXHIBIT A, PAGE 2 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION 1 Ca!trans Parcel Nn. 226 4-1 5 Pee Acquisition 6 AFN 118-260-016 7 8 ' 1n the City of Corona, County of Riverside, State of California, being a portion of the g land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of 10 Official Records of said County, described as follows: 11 12 Beginning at the southwesterly corner of said land; thence North 08°03'54" East 54.21 13 feet along the westerly line of said land to a point thereon, said point being the beginning 14 of a non -tangent curve concave southerly having a radius of 5,523.00 feet, to which point 15 a radial line bears North 12°41'53" East; thence easterly along said curve 23.76 feet 16 through a central angle of 00°14'47"; thence South 7703'20" East 253.91 feet; thence 17 South 81°54'58" East 414.25 feet to a point on the easterly line of said land; thence South 18 08°02'01 " West 16.01 feet along said easterly line to the southeasterly corner thereof; 19 thence North 83°49'47" West 442.01 feet along the general southerly line of said land; 20 thence North 81 °54'27" West 249.17 feet continuing along last said line to the Point of 21 Beginning. 22 23 Containing 21,250 square feet. 24 25 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 76 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 27 Grantor's remaining property, in and to said freeway. 28 29 See Exhibit `A2' attached hereto and made a part hereof. 30 3€ rt2PTG0105011SURVEY1l.EGAI S1:2644_APN_I I8-26Rd1161Leg 1022644-I_Fee due 11/02012 Page I of 2 EXHIBIT A, PAGE 3 PS oMAs I The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The Fnean 4 combination factor for this conversion is 099997476. 5 6 Prepared under the direction of 8 9 6,ed2ZAriC- 10 Brian E. Bullock, PLS 5260 11 12 13 14 15 16 17 18 19 20 21 2? 23 24 25 26 27 28 29 30 3k 1/ e-/z Date P:12PTG01050115[lRVEMEGALS122644_AP1+1_118-260-01611.t als12264d-I_>:ee.Coc 11/1212012 Page 2 of 2 EXHIMT A, PAGE 4 EXHIBIT A2 PARCEL 22644-1 FEE =,.zso SO .FT. AREA FEE 21,250 SOFT. i 118-250-016 N08° 03'54"E 99.52' N05°44'04" 48.41' R=Q5.00' L=1 1 7.42' N, 6=10 3° 30' 1 2") 1> r ocb 0 P" 118-250-028 0 N1 2°41 '53"E (R) —� 1 R=5523.00' L=23.76' A=00° 14'4 7" S77° 03'20"E _-I -- 253.9i' L. 54.21' POB249.1� 7' / N81 ° 54'27"W ROUTE 91 RIVERSIDE / FREE WA Y 4 295 6 7 LEGEND POB Indicates Paint Of Beginning TPO8 indicates True Point Of Beginning (R) Indicates Radial Bearing ( }Title to State J—L.LL Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stotioning ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS ssHut ton C ntrt r'r,o 927D1 2.5.1 � v...a�.snas ���iUSJS-SEE3 I�a•1 V - to . oQ ° LC) a) N 0 S08° 02'01 " W 95.18' APN 118-260-016 p 18-260-004j 8 9 EXISTING R/W POMONA S T. S81 ° 57'59"E.(RL —S81 ° 55'46"E 327.54 LN C2 R=25.00' L=39.27' 0=90°00'20" R=43.00' L=10.36' A=1 3°47'58" 71.81' S69°05'12"E LOT 9; BUCK 66 M.D. 9/6-8 (SAN BERNARD 1 N0 cUUNTY ) LINE TABLE L 1 - S81 ° 55'46"E 150.00' 60.00' 150.00' 150.00' 1 5.60' 150.00' L2 - S08°02'01 "w L3 - N81 ° 55'46"W L4 - S81°55'46"E L5 - S08°02'01"W Lb - N81°55'46"W DOC. NO. 2001 —201 234 O.R. LOT 8; SL OCK 66 } M.O. (SAN BERNARDINO 00 UNT Y ) 9./6-8 0 Sp8 22.644 -'1 581 ° 55'46"E --_-_--i 5_00_;----- S81 ° 54'58"E 41 4.25' O n>`t`1�.� 11 18-260-002i 118-260-010 718-260-011 r-- L 4 J�}L S L6 , 118-260-012 0 W a y L2 •&. a i \-�rre-260-0151 °49'47"W N-16.01 \ ° N83 508 02 O1 w \PROPOSED R/W 108.00' 300 1 2 3 ROUTE 91 RIVERSIDE* FREEWAY Ca STATIONING CURVE TABLE C 1 - R=4 3.00' L= 9.64' 6,= 1 2° 50'34" C2 - R=60.00' L=107.74' A=102°52'47" DATE: 10-24-11 22644-1 FEE ACQUISITION FEET 0 75 150 300 REV.:2; 11-12-12 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM 8 RIV 91 5.6 450 SHEET NO. TOTAL SHEET 1 1 EXHIBIT A, PAGE 5 t 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `BI' LEGAL DESCRIPTION Caltrans Parcel No. 22644-2 Permanent Wall Footing Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 54.21 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 08°03'54" East 6.02 feet continuing along said westerly line to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 5,529.00 feet, to which point a radial line bears North 12°4I'34" East; thence easterly along said curve 25.08 feet through a central angle of 00°15'36"; thence South 77°02'50" East 228.85 feet; thence South 81°54'58" East 437.91 feet to a point on the easterly line of said land; thence South 08°02'01" West 8.00 feet along said easterly line to a point thereon, said point being North 08°02'01 " East 16.01 feet from the southeasterly corner of said land; thence North 81°54'58" West 414.25 feet; thence North 77°03'20" West 253.91 feet to the beginning of a curve concave southerly having a radius of 5,523.00 feet; thence westerly along said curve 23.76 feet through a central angle of 00°14'47" to the True Point of Beginning. Containing 4,999 square feet. See Exhibit `132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Gmund distances may be obtained by dividing P:12PTG0I05016URVENN.EGA LS1226.14_APM_ l IR-260-0lUlLegais122644-2_ F. zinc 1 U12.2012 Nge 1 or [XHISIT A, PACE i PSOMAS i grid distances by the mean combination factor of the courses being described. The mean 2 combination factor for this conversion is 0.99997476. 3 4 Prepared under the direction of 6 7 8 9 10 1k 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /8 29 30 31 Brian E. Bullock, PLS 5260 Date PTGD 10501 iS1lRV EYILEGA LS)22644_A P4_ 1 18-260-01 faggais1226+4-2_P[.doc 11/I J2012 Page 2 of 2 EXHIBIT A, PAGE 7 EXHIBIT B2 TITLE ESMT PARCEL# 22644-2 118-250-016 N08°03'54"E 99.52' N05°44'04" 48.41 ' - R=�35,.00' L=1 1 7.42' 6=103° 30' 1 2' 1b O I C) u-1 N CfD TPOB SEE SHEET 2 ETAIL ---------------- R=25.00' L=39.27' 6=90°00'20" R=4 3.00' L=10.36' 6=13°47'58" AREA 4,999 SO.FT. POMONA ST. S81 °57'59"E(R 581 ° 55'46"E 327. 54 LN C2� 71 .$1 S69°05'12"E . 0.7 o 1.0 (ON LOT 9; BLOCK 66 M.O. 9/6-O (SAN BERNARDINO COUNTY) S08° 02'01 " LINE TABLE 05•18' L1 - S81°55'46"E 150.00' L2 - S08°02'01 "W 60.00' L3 - N81°55'46"W 150.00' L4 - S81 ° 55'46'E 150.00' L5 - 508°02'01"W 15.60' L6 - N61°55'46"W 150.00' DOC. NO. 2001 -201 234 O.R. LOT 8; BLOCK 6‘f M.S. 9/6•-8 (SAN BERNARDIND COUNTY) ° a2 50a ,0 00 22644-2) S81°55'46"E -----------1 5,00'; APN 118-260-016 118-260-004 f1F8-260-006 1118-260-002i 118-260-0031 F18-260-007] S81 ° 55'46"E ---- ' 120.1 8' N rf-rr L3 H 8-260-010 118-260-013 w L u.) ' 2 5 r" 60' i 18-260 014i LZi! I it717 I � 1 � 118-26o-0151 POB :NB °54127"W N83°49"47"W �'S08°02'01"W ROUTE 91 RIVERSIDE , FREEWAY \PROPOSED R/W 108.00' 3 4 295 6 7 8 9 EXISTING Rai LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( } Title to State d_i_t_L Access Prohibited NOTES Coordinates and bearings ore on COS 1983(2007.001 Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: P SOMA S 3 Nutfoo Centre De I,e S+e. 2aa Santo Aro. Cal1larrtla I12707 4714148i-MOS3.17141545-1983 linxl 300 1 2 3 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING CURVE TABLE C1 - R=43.00' L= 9.64' A= 12°50'34" C2 - R=60.00' L=107.74' A-102°52'47" 22644-2 PERMANENT WALL FOOTING EASEMENT FEET 0 75 150 DATE: 10-24-11 REV.:2; 11-12-12 300 EA: OF540 DISTRICT COUNTY ROUTE SI-IEET PM SHEET NO. FAst: TOTAL SHEETS 2 450 8 RIV 91 5.6 1 EXHIBIT A, PAGE ]EXHIBIT B2 PARCEL 22644-2 118-250-028 AREA 4,999 SO.I= T. LOT 9; E3LOCX 66 M,6. 9/6-8 . O (SAN BERNARD I NO COUNTY ) Z b APN 118-260-016 LOT 8; BLOCK 66 M.B. 9/6-8 (SAN BERNARDINO COUNTY) SEE DETAIL "A" HEREON —1 L S77°02'50"E ji228.85' TITLE E5MT w vs r 4r, o • rn a u1 cou-) O z �— 249.1 7' POB N81°54'27"W ROUTE 91 RIVERSIDE FREEWAY 0 0 0 Sa$ 50 22644--) 581°55'46"E ------ 1--.00- 581-°54'58"E-437.91' - 545.10' - 6.02' POB 4 295 6 7 EXISTING R/W N12* 41'34"£(R) R-5529.00' L=25.08' 4=00° 1 5'36" C3 N DETAIL "A" NOT TO SCALE 0 249.1 7' N81 ° 54'27"W — LEGEND 442.01 N83°49'47"W �1T8-260-010 \PROPOSED R /W 8 9 30'0 1 2 3 r SEE DETAIL "B" HEREON 08°02`01"W 108.00' ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING CURVE DATA RADIUS DELTA LENGTH C3 5523.00' 00°14'47" 23.76' `22644' -2 LINE DATA BEARING DISTANCE L7 N81°54'58"W 414.25' L8 N77°03'20"W 253.91 ' POP Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 111_1_ Access Prohibited NOTES Coordinates and bearings are an CCS 1983(2007.00) Zane 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS y yiut1on Ccnirc Gri.e 512. 200 Santa Ana, Cal:tarn;o 3270/ i naua1•en5L171415N-^841 Vox) N a 0 581°54'58"E a ---- 4 3 7.91 ' DETAIL "B NOT TO SCALE a as co O N83°49'47"W` --442.01' 22644-2 PERMANENT WALL FOOTING EASEMENT 1 FEET 0 75 150 DATE: 10-24-11 REV.:2; 11-12-12 DISTRICT COUNTY ROUTE SHEET PM 300 EA: 0F540 SHEET NO. 450 F Att: TOTAL SHEETS 2 8.00' 8 REV 91 5.6 2 EXHIBIT A, PAGE 9 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 PS OMAS EXHIBIT TV LEGAL DESCRIPTION Caltrans Parcel No. 22644-3 Tempo rary. Construction Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly comer of said land; thence North 08°03'54" East 60.23 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 08°03'54" East 45.63 feet continuing along said westerly line to a point thereon; thence South 81°31' 13" East 73.02 feet; thence South 08'05'16" West 33.24 feet; thence South 81°54'24" East 305.41 feet; thence South 84°38'12" East 281.47 feet; thence South 55°02'53" East 35.11 feet to a point on the easterly line of said land; thence South 08°02'01" West 30.83 feet along said easterly line to a point thereon, said point being North 08°02'01" East 24.01 feet from the southeasterly comer of said land; thence North 81°54'58" West 437.91 feet; thence North 77°02'50" West 228.85 feet to the beginning of a curve, concave southerly, having a radius of 5,529.00 feet; thence westerly along said curve 25.08 feet through a central angle of 00°15'36" to the True Point of Beginning. Containing 24,811 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing P 13PT0010500,SU VEYILLGALSi226a-1 ±APN_I 19-260-0141Lega1st22644-3 TCE tlor 11/12/2012 Pate 1 of EXHIBIT A, PAGE 10 PS OMAS 1 grid distances by the mean combination factor of the courses being described. The mean 2 combination factor for this conversion is 0.99997476. Prepared under the direction of 6 7 ‘Witravi 8 Brian E_ Bullock, PLS 5260 Date 10 11 12 13 14 15 16 17 18 19 20 21 23 23 24 25 26 27 28 .79 30 31 P:12NFG0105011SUItVI Y1LEGALS122644_APN_118.260-0161.cgals1226s4-3_TCE.Jue 11/12/2012 Page 2 of 2 EXHIBIT A, PAGE 11 BXIIIBIT C2 PARCEL# 22644-3 118-250-016 N08°03'54"E 99.52' N05°44'04" 48.41 ' R L=1 1 7.42 L=103° 30'1 2 f� TITLE TCE 0 1 O) 118-250-028 TPOB AREA 24,811 SO.FT. POMONA S T. S81 ° 57'59"E(R) S81°55'46"E 327.541--N C2�� R=25.00' L=39.27' 6=90° 00' 20" R=4 3.00' L=10.36' A=1 3°47'58" r^ C1 71.81' 569° 05' 12"E LJ-f 9, SLOCK 68 M.8. 9/6--8 (SAN BERNARD I ND COUNTY) LINE TABLE L 1 - S81 ° 55'46"E 1 50.00' L2 - 508°02'01"W 60.00' L3 - N81 °55'46"W 1 50.00' L4 -- S81 °55'46"E 1 50.00' L5 - 508°02'01 "W 1 5.60' L6 - N81 ° 55'46"W 1 50.00' v- � `e E 0 v o 1n ' °o N LA 20.1 B' Ls] � Af N 118-260-016 118-260-004 178-260-005 118-760-006 S08°02'01 "W- 95.1 8' DOC. NO. 2001 -201 234 O.R. LOT 8; 8LOGX 661 M.S. 916- 8 (SAN 8ERNARD I Nor COUNTY) SEE SHEET 2 FOR DETAIL _.._- -_�t-- POB / — 24 9.1 7' N81 ° 54'27"W ROUTE 91 RIVERSIDE FREEWAY SOa°� 1 581 ° 55'46"E -------- 118-260-009 L1 L3 �r 118-260-010 7r8-260-orr ° — co — a L4 kfl rmTnlrms'n TrrPr 442.01 N83°49'47"W L6 11 r 8-260-0121 ti a r`}L 5 x"- 508°02'01 "W PROPOSED R/W 108.00' 3 4 295 6 7 f 8 9 300 1 2 3 LEGEND KB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( Title to State 1-LLI- Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. A$1 distances are in feet unless otherwise noted. PREPARED BY: PSOMAS 3 Ee;1•1; 1 17.te vre Drive Ste. 200 ,anta [alifarrki �y?707 i711-;,o-s1-80:i/(71.0545-9b0i trod' DATE: 10-24-11 REV.:2; 11-12-12 jEXISTING R/W ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING CURVE TABLE C 1 - R=4 3.00' L= 9.64' L= 1 2° 50'34" C2 - R=60.00' L=107.74' d=102°52'47" 22644-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 75 150 300 EA: OF540 FA*: 450 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEET', 2 8 R1v 91 5.6 1 EXHIBIT A, PAGE 12 EXHIBIT C2 PARCEL# 22644-3 N O 1 O vI N co 45.63' TPO8 60.23' POB O e ul Q u1l TITLE i TCE C3 AREA 24,811 SOFT. LOT 8; BLOCK 66 M.s, 9/6-8 (SAN BERNARDINO COUNTY) LOT 811 BLOCK 661 M.E. 9/6-8 (SAN BERNARDINO COUNTY) S08°05'16"W 33.24' ”1 ° 5,1,?,i „E r 305.41 Lit 249.1 7' N81 ° 54'27"W S08°02'01 "W 150.00' 581 ° 55'46"E 15.00' _ L8 L9-� __ _-___•- APN 318-260-016 -\9 _a •. Q OG . n �� �O� L R /W ROUTE 91 RIVERSIDE FREEWAY L10 442.01' N83°49'47"W n 8-260-010 1 ri1-74-Q-01 1 118-260-012 778-260-013 1 I 178-260-014 W Q 60' 118-260-0 5 30.83' PROPOSED 24.01' S08°02'01 "W 108.00' w m 295 6 7 EXISTING R/W RADIAL DATA BEARING R1 N12°41'34"E CURVE DATA RADIUS DELTA LENGTH C3 5529.00' 00° 1 5'36" 25.08' LEGEND POB indicates Paint Of Beginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State J_LJ_L Access Prohibited 8 9 300 l 2 3 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LINE DATA BEARING DISTANCE L7 S81°31'13"E 73.02' L8 584°38'12"E 281.47' L9 S55°02'53"E 35.11' L10 N81 °54'58"W 437.91 ' L11 N77°02'50"W 228.85' NOTES Coordinates and bearings are an CCS 1983(2007.00) Zane 6. Oistances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. ME distances are in feet unless otherwise noted, 22644-3 TEMPORARY CONSTRUCTION EASEMENT 300 450 FEET 0 75 150 PREPARED BY: PSOMAS 7 Muttnn Cenrrr €r•i:e, Sic IPA %onto im, Cnlitorni:1 977rli 17t.Me1-e053g714154i-1ie3 tFatl GATE: 10-24-11 REV. 3: 11-12-12 EA: OF 540 FA*: TOTAL SHEETS 2 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. RIV 91 5.6 2 EXHIBIT A, PAGE 13 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 30 31 PSOMAS EXHIBIT `131' LEGAL DESCRIPTION Caltrans Parcel No. 22644-4 Temporary Access Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" Last 105.86 feet along the general westerly line of said land to a point thereon; thence South 81°31'13" East 73.02 feet to the True Point of Beginning; thence North 08°05'16" East 371.55 feet; thence North 52°27'58" East 87.82 feet to the beginning of a curve concave westerly having a radius of 15.00 feet; thence northerly along said curve 30.93 feet through a central angle of 118'09'03"; thence North 65°41'04" West 71.64 feet to a point on the general westerly line of said land, said point being the beginning of a non -tangent curve concave westerly having a radius of 65.00 feet, to which point a radial line bears South 58°31'49" East; thence northerly along said general westerly line and along said curve 28.35 feet through a central angle of24°59'11" to a point thereon; thence South 6541'04" East 74.26 feet to the beginning of a curve concave westerly having a radius of 43.00 feet; thence southerly along said curve 88.67 feet through a central angle of 118°09'03"; thence South 52°27'58" West 76.40 feet; thence South 08°05116" West 365.37 feet; thence South 81°54'24" East 276.75 feet; thence South 84°38'12" East 228.52 feet; thence South 05°21'48" West 28.00 feet; thence North 84°38'12" West 229.18 feet; thence North 81°54'24" West 305.41 feet; and thence North 08°05'16" East 3124 feet to the True Point of Beginning. Containing 31,328 square feet. PA2PTG010501SUHVEY1LEUALS122644_APN_t t8.260-111611.egals1226.14-4_rAE.doc 1 U1J-'a12 Page 1 or2 EXHIBIT A, PAGE 14 PSOMAS See Exhibit `D2' attached hereto and made a part hereof. 2 3 The distances described herein are grid distances and are based on California Coordinate 4 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 5 grid distances by the mean combination factor of the courses being described. The mean 6 combination factor for this conversion is 0.99997476. 8 Prepared under the direction of 9 10 fideff I1 12 Brian E. Bullock, PLS 5260 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 1112 IZ Date P:12PTGOI0S0115URVEY1LL•'GALS122614_APN_I 18-260-0I611.egats122644-4_I AE: duc 1 1f 12 2012 Pree2of2 EXHIBIT A, PAGE 15 EXI-IIBIT D2 PARCEL# TITLE AREA APN 22644-4 , TAE 31,328 SO.FT. 118-260-016 POMONA ST. 581°57'59"E(R) 118-250-016 7' ° �� r ` I18-260-004 ♦-- �,, r 581 55'46 E 327.54 C2 - a I/18-260-005 1 118-260-002 R=25.00" N08°03154"E - C1I ` ti 99.52' L off ?. v - 0=90 as zo" I18-260-006 118-260-003 <u ,O 71.81' .- R-43.00' S69°05'12"E rt8-2b0-oo7_ ° N05 44'04'i 48.41' R-fi o L=10.36' o lrl 0=13°47'58" o`" LOT 9; BLOCK 66 v1 °y,�_'_ pg �� a z6°'�581°55'46"E — 120.18' ta• t --- •:��� M.B. 9J6-8 L=117.42 Q-103° 30' 1 2" `„, _ :� (sAN BERNARD I NO Q COUNTY) 50$°02`01"Wj 71e-260-009 ...0"j Q1 `, 1.INE TABLE 95.18' L1 -- - c der," Li - S81 ° 55'46"E 1 50.00' r ' L2 - S08°02'01"W 60.00' i j L3 - N81°55'46"W 150.00' }L2 I 150.00' ( -.FL3 .a/ `i ,0° 0 r L4 - S81°55'46"E ^ 00 118-260-010 I-- ha a, Q ; ri L5 - S08°02'01"W 15.60' 1 0 v L6 - N81°55'46"W 150.00' 0.— V18-260-011 IT, i N 1n _'�i1 — o u? t - co.- ` Y DOC. NO. 2001 - 201 234 O.R. o -- — -- --- ' L4 '�L5 do � i 5 LOT 3; aLDC;C b$; PA.D, 916-8 1_F1 ,,a 0 A x (SAN Br RN.ARD I NO ,,,o/ 1 18-260-0121 L i1 oa m a GOUNTY) '0\ ' ' • 0t 0 1 ) SEE SHEET 2 oqa'\ 1-- Sqa t ; 0 DE TA I L (22�64 4'-4) 1`� \, t 18-260-013I0 60' i ' ' k � Q -_-_ i 18-260-01 41 Z .581°55'46"E 15,007 ro rim. -^"i 1 i T y�' „-:1 ' 1 .` .. _ ...rti-.-4r---.w. � — 249.17' ���— 42.01 I78-260-015 P08 N81°54'27"W N83°49'47"iN N'S08°02'01"W ROUTE 91 RIVERSIDE /FREEWAY PROPOSED R/W 108•00` 1 4 - 1 , 1 1 3 4 295 6 7/ 8 9 300 1• 2 3 LEGEND /EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ClL STATIONING CURVE TABLE ° „ C1 - R=43.00' L= 9.64 A= 1 2 50'34 ( ) Title to State .1..1....1-1- Access Prohibited C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 6 4 4- 4 TEMPORARY ACCESS EASEMENT ground distances. Aii distances ore in feet unless otherwise noted. I FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 Hutton Cc-+rc Ori-:r Sta. 200 Son.* Arlo: California 12,37 Pt 1; lel-ansprn 1ws-Ca•?7 ,.O.1 DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS g R I V 9 1 5.6 1 2 EXHIBIT A, PAGE 16 EXHIBIT D2 PARCEL 22644-4 118-250-016 R=65.00' L=1 1 7.42' A=1 03° 30'1 2" a O� aco POB TITLE TAE AREA 31,328 SOFT. L10 C3_ v.t � r ` . �L11 LOT yi aLDCK IS6, 9/6-8 a, M (SAN BERNARDINO COUNTY) ►4A �n • • F`�'f I. w 19 r— (-1 r, €u3r un F0 0 ra, tz o 1 1N 581°54'24"E � 276,75' S81 ° 55 46"E 1 5.Ci0 n-n T mn Ln -r r r'i 7 APN 118-260-016 DOC . NO. R=43.00' L=8$ 67' 0=118 09'03`1 2001-201234 O.R. LOT a} BLOCK 66; It11.8. 9/6-r7 (SAN BERNAROINO COUNTY) 33.24' 249.1 7' N81 °54'27"W S84° 38' 1 2"E _�.�— -22 - 32:��_1: ROUTE 91 RIVERSIDE FREE WA Y 1 3 4 295 6 7 8 9 EXISTING R/W CURVE TABLE C3 - R=1 5.00` L=30.93' 0=1 1 8°09'03" C4 - R=65.00' L=28.35' A= 24°59'11" LEGEND POB Indicates Point Of Beginning TP08 Indicates True Paint Of Beginning {RI Indicates Radial Bearing ( )Title to State 1 1 1 Access Prohibited LINE TABLE L7 - L8 - L9 - L10 - L 1 1 - L12 - L13 - L14 - 1;8-260-0081 W P 18-260-0101 00 N ° 00 o ui CYi r d +n 442.01' {��s-zba-Ors N83°49'47"IM S08°02'01 "W PROPOSED R/W 108.00' 300 1 2 3 \ROUTE 91 RIVERSIDE FREEWAY CA STATIONING 581°31'13"E N52° 27 `58"E N65°41'04"W 565°41'04"E 552° 27'58"W S05°21 '48"W N84 ° 38' 1 2"W N81 ° 54'24"W 73.02' 71.64' 74.26' 76.4 0' 28.00" 229.18' 305.41' RADIAL TABLE R1 - S58° 31 '49"E R2 - 583° 31 '00"E NOTES Coordinates and bearings are on CGS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22644-4 TEMPORARY ACCESS EASEMENT FEET 0 75 150 300 4S0 PREPARED BY: PSOMAS 3 'V»son Cemre Ori.e, S-e. 200 Soota Ana, Calirgrn;C 32101 r7111151-EOS3/(7111545-3263 Igo.) °ATE: 10-24-11 REV.:2; 11-12-12 EA: 0E540 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. FA*: TOTAL SHEETS 2 8 RIV 91 5.6 2 EXHIBIT A, PAGE 17 PROOF OF MAILING NOTICE I, Margaret L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on August p, 2013, I mailed a copy of the attached Amended Notice of Hearing to Property Owners by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-260-016 and 118-260-017 (CPNS 22644-1, 22644-2, 22644-3 and 22644-4): Corona Maude 18362 Hillcrest Ave. Villa Park, CA 92861 Maude Corona, LLC c/o Leslie Maude 18362 Hillcrest Ave Villa Park, CA 92861 Maude Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 17th Street P.O. Box 10237 Santa Ana, CA 92711-0237 John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 DATED: August 11., 2013. Record Owner Record Owner Record Owner Courtesy Copy 17336.0210018202923.1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California, The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon CIerk of the Board. Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26, 2013. Wednesday, September 11, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to ROTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Access Easement" refers to a temporary easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from tin -le to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\80882 55. l "Temporary construction easement (TCE)" refers to the right of ROTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that ROTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.0210018088255.1 PSOMAS 1 EXHIBIT `A1' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22644-1 5 Fee Acgnisition 6 APN 118-260-016 7 8 In the City of Corona, County of Riverside, State of Califomia, being a portion of the 9 land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of f0 Official Records of said County, described as follows: If 12 Beginning at the southwesterly comer of said land; thence North 08°03'54" East 54.21 13 feet along the westerly line of said land to a point thereon, said point being the beginning 14 of a non -tangent curve concave southerly having a radius of 5,523.00 feet, to which point 15 a radial line bears North 12°41'53" East; thence easterly along said curve 23.76 feet 16 through a central angle of 00°14'47"; thence South 77°03'20" East 253.91 feet; thence 17 South 81 °54'58" East 414.25 feet to a point on the easterly line of said land; thence South 18 08°02'01" West 16.01 feet along said easterly line to the southeasterly comer thereof; 19 thence North 83'49'47" West 442.01 feet along thc general southerly line of said land; 20 thence North 81 °54'27" West 249.17 feet continuing along last said line to the Point of 2f Beginning. 22 { 23 Containing 21,250 square feet. 24 25 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 26 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 27 Grantor's remaining property, in and to said freeway. 28 29 See Exhibit `A2' attached hereto and made a part hereof. 30 31 P12PTG0105011.S1MVP 'MEGA I S122644_APN_I I8.264-0161Legals122f44•1_Fee doc 11/I2J2U12 rap:!of2 EXHIBIT A, PAGE 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 29 30 31 PS oMAS The distances described herein are grid distances and are based an California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PAI2PTGO10501\SURVEY1LEGAL5122644_APN_IIA 260-01611.ega1s122644-I_Fee.doc 11J12Q012 Page 2 of 2 EXHIBIT A, PAGE 4 EXHIBIT A2 PARCEL# 22644-1 118-250-016 TITLE NOB°03'54"E2, 99.52' ' I FEE N05°44'04"W 48.41 ' --" L=1 1 7.42 , A=103° 30'1 2"j_,/,1 `--. AREA 21,250 SO.FT. POMONA STe S81°57'59"E(R)_ 581°55'46"E 327.54� C2•---- =25.00' `5---I�I Cl---- L=39.27'` I a=90°00`20" 71.81 ` 118-250-028 v- - k9 - uo �R=4 3.00' S69° 05' 12"E Tr P } `L=10.36' a i), -..., a=13°47'58" coNil OS81°55'46"E LOT 9; BLOCK 66; 1, $ M, B. 9/6-3 120.1 8' w ( SAN BERNARD 1 NO /t •=t -,) COUNTY) S08°02'01"W/ I �f LINE TABLE 95.18'�_ T '--„,k— L1 APN 118-260-016 �118-260-004 178-260-005 178-260-006I 778-260-002 118-260-003 ' t'18-260-009 L 2 - S08° 02'01 "W 60.00' L 3 - N81 ° 55'46"W 1 50.00' L4 - 581 ° 55'46"E 150.00' L5 - S08°02'01 "W 1 5.60' L6 - N81 ° 55'46"W 1 50.00' DOC. NO. 2001 —201 234 O.R. ^,f 00 i N N 0 — 118-260-071ij o 111 CO .- 0 .L3 ✓ �L 778-260-010 LOT a; BLOCK bb; M.B. 9/b-;:1 0 , ( SAN TERNARO I NO col RL=23.760 00UNTY) o p/ 41 "4/l A=00°14'47" 50'a ca0•0° ,, N12°41'53"E 1 5253 9t20 E 22644-1 S81°55'46"E 581°54'58"E 414.25' ._ ►r�irr rn+-lhrn/rri-rro,rr- •f1Tfe-•T,7,�iiiTlTii1-i i i 54 , 21 �..,,y. � _ __ � � r�-?` ` 11t - - - 249.17' — 7- 442,01� POB Nat°54'27"Wy N83°49'47"W 1b.01 '•S08°02'01"W ROUTE 91 RIVERSIDE f FREEWAY +PROPOSED R/W 1 08.00' Q ti L4 t 2 L 6 178-260-012' It 78-260-013I 1 1�60J l � r78-260-0141 Z si- t 178-260-075 3 4 295 6 7 LEGEND POB indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Hearing ( ) Title to State 1�L Access Prohibited 8 9 300 1 2 3 ;EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ` — CA STATIONING CURVE TABLE Cl - R=43.00' L= 9.64' A= 12°50'34" C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. A11 distances ore in feet unless otherwise noted. 22644-1 FEE ACGUISMON [ — FEET 0 75 150 300 450 PREPARED BY: PS O M A S 31h1{{yn Centri Drive, sie. 200 $snip tine, Cpriferni0 92707 1714 H 61-t055/4,1415+S-6e87 [earl DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 1 8 RIV 91 5.6 1 EXHIBIT A, PAGE 5 2 3 6 7 8 P S a MAS EXHIBIT `B1' LEGAL DESCRIPTION Ca[trans Parcel No. 22644-2 Permanent Wall Footing Easernent APN 118-260-016 In the City of Corona, County of Riverside, State of Califomia, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of to Official Records of said County, described as follows: 1) 12 Beginning at the southwesterly corner of said land; thence North 08°03'54" East 54.21 13 feet along the westerly line of said land to a point thereon, said point being the True 14 Point of Beginning; thence North 08°03'54" East 6.02 feet continuing along said 15 westerly line to a point thereon, said point being the beginning of a non -tangent curve 16 concave southerly having a radius of 5,529.00 feet, to which point a radial line bears 17 North 12'41'34" East; thence easterly along said curve 25,08 feet through a central angle 18 of 00°15'36'; thence South 77°02'50" East 228.85 feet; thence South 81 °54'58" East 19 437.91 feet to a point on the easterly line of said land; thence South 08°02'01" West 8.00 20 feet along said easterly line to a point thereon, said point being North 08°02'01" East 21 16.01 feet from the southeasterly corner of said land; thence North 81 °54'58" West ?? 414.25 feet; thence North 77°03'20" West 253.91 feet to the beginning of a curve 23 concave southerly having a radius of 5,523.00 feet; thence westerly along said curve 24 23.76 feet through a central angle of 00°14'47" to the True Point of Beginning. 25 26 Containing 4,999 square feet. 27 28 See Exhibit `B2' attached hereto and made a part hereof. 29 30 The distances described herein are grid distances and are based on California Coordinate 31 System of 1983, 'Gone 6, 2007.00 epoch. Ground distances may be obtained by dividing P:12A'rC010501LSURVEYII.F.GA1,51226a4_APN_ I I R-260-01 gLegals1226d4-2_PI: clot 11/12/2012 Pagc 1 of 2 EXHIBIT A, PAGE 6 PS OMAS grid distances by the mean combination factor of the courses being described. The mean 2 1 combination factor for this conversion is 0.99997476. 3 4 Prepared Lander the direction of 5 6 7 /-Z(Sc4t ��� /Z-l2 R Brian E. Bullock, PLS 5260 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 73 26 27 78 29 30 31 Date RUPTG010501tSURVEYILEGALM22.644 APM_I I8.260-01alcgals122644-2_PL- Sipe II/12/2012 Page 2 of 2 EXHIBIT A, PAGE 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22644-2 ESMT 4,999 SO.FT. 118-260-016 POMONA ST. S81 °57'59"E(R 1 1 8-250-016 % 55'46' E 327.54 118-260-004 0----4 ,.3.,--- 5a1 --. C2-- F ( —�, % 4 f 118-260-DO r118-260-002 ' 2 N08°03'54"E, --" °�.- R_25.00' C1-,-- ` I L- f ---- $ 99.52' �`.=90 Q. °00'2 40'20` l� 1 i8-260-006 t 118 260-003 1a ! 71 ._.- .81 R=43.00' 569°05'12"E o a 11a-264-00�� ° Nay 44'04'w 48.41 ' �= j L=10.36' o Ln �� A=1 3°47'58" a3 N �# LD"f 9 n^LUC1C bb + 0 , o oa 118 260 S81 ° 55'46"E'' "120.1$` M.t9. a/b-B + L=117.42'N``r J`-------. .A=1 03° 30' 1 2' , ', (SAN BERNARD 1 NO - t �', "W., 1 q COUNTY) SO ° 2 1 ' _,� 8 1 r8-260-009 LINE TABLE ,4— L1 ‹?,,-It ,.' ,i ° ocb 10 ,' r .' Li - S81 55'46"E 1 50.00' r` L2 - S08°02'01 "W 60.00' L 3 - N81 ° 55'46"W 1 50.00' _ L3 T ,› II 2 a 3 - 581 ° 55'46"E 1 50.00' - '\ o L4 o o 11a-26o-010 � 4,o � g- L5 - 5080z 01 w 15.60' osi (-0 , o v L6 - N$1 ° 55'46"w 150.00' o .- 118-260-011 j 1 0 In - ° In DOC. NO. 2001 -201 234 O.R. o }. ---- .. L4 N- _--LFS in LOT 8; BLOCK 61S M.S. 9/b-B /11,a-260-o/2 L6 " 0 (SAN 'ERNARDI NU ' -, co COUNTY) ° 0�' 0� ., ' z z 50'3 0.00 SEE SHEET 2 22644--2) 15 \. 118-260-013 r 60' 0 DETAIL 1 lj TP08 S81°55'4_5"E ---1 1 5 . 00;_1_ \ 118-260-014� Z _ --------------- .' — .--I•rrn-•ren I Ti � i 1171M co ILL _ �- �' 442.01'�. i^T- `Ii1a-260-015' 249.1 7' ° , ROB/ N81 °54'27"W ;' N83 49'47 W 508°02'01 "W ROUTE 97 RIVERSIDE /FREEWAY 'PROPOSED R/W 108.00' 1 3 4 295 6 7 i 8 9 300 1 2 3 LEGEND EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radiol Bearing CA STATIONING CURVE TABLE ° ( '1 Title to State C1 - R=43.00' L= 9.64' A= 12 50'34" �..LLL Access Prohibited C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings are on CCs 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to ootain ground r 2 2 6 4 4- 2 PERMANENT WALL FOOTING EASEMENT distonces. All distances ore in feet unless otherwise noted. r�mwm. FEET 0 TS 150 300 450 PREPARED By: PSOMAS K,r1pn Centre 0,..a 5ee. MO Spare Ano fa,ilornia 42707 {714}461-d053•571415.1;-dee3 0n4 DATE; 10-24-11 REV.:2; 11-12-12 EA: OF540 FA*: DISTRICT COUNTY -ROUTE SHEET PM (SHEET NO. TOTAL SHEETS 8 RIV 91 5.6 1 2 EXHIBIT A, PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA APN 22644-2 ESMT 41999 SO.FT. 118-260-016 /114 LOT 9; BLOCK 66; 04-. l�A.6. 9/£s-d rib-260-010 • uj N (SAN BERNARDINO COUNTY) 0 m � o �� O "] Q o r - --. =j ,� tOr - — — — 1 J B-268-011 N { LOT 8; BLOCK 66 i q � ;y M.G. 9/6-9 r , a, w 1 {BAN I�ERNARI] 1 NO p '` , i -. , ,�r1 o COUNTY o 11 18-250-012 cn '� � v / pt ` n v SEE DETAIL "A" HEREON 513oOp \ ao in 5p i1 s-260-013r 60' 0 577°02'50"E 22644) °55'46"E 581 4I 22a.$5' _; „__ 15.OQ:-` 1I18-260-01t Z = °54'58"E 437.91' \.1118-260-045� m TPOB �4 nrnr.581 TM1r��nr�{Ts -i `l k�L8 --` �_ 7rTr l C� L • DETAIL_ �! ti 2449.17' --��- 442.01 \ `SEE POB N83°a9'47"W 7�—HEREON N81 54 27"W "W S08°02'01 \PROPOSED ROUTE 91 RIVERSIDE FREEWAY 108.00' 4 295 6 7 8 9 300 1 2 3 EXISTING R/w RIVERSIDE FREEWAY ROUTE 91 cr CA STATIONING Q _Nt2°4i'34"E(R1 Rz5529.00. — CURVE DATA { L" — L`25.08' — ,--- 6100° 1 RADIUS DELTA LENGTH 6.02'-_' 1_.I.L u_l_Li 0 C3 5523.00' 00° 1 4'47" 23.76' .. CS l 0' a : ,71 C3 22644 2 0 d "A" 0 DETAIL 581°54'58"E o 4 � NOT TO SCALE LINE DATA -- 437.91 ' v' co z In249.1 7' BEARING DISTANCE — — — - — — °54'27"W ° * l -- N81 — L7 N81 54'58"W 41 4.25' L7 -8.00' -- ' z POB L8 N77°03'20"w 253,91 LEGEND DETAIL "B - r a POD Indicates Point Of Beginning TPO6 Indicates True point Of Beginning (R1 indicates Radial Bearing NOT TO SCALE o `o N83°49'47"W— ' `I as ' 0 ; i ( ) Title to State — 442.01 .1..L.LL Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 6 4 4 -- 2 PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. -'i!.� FEET 0 75 t50 300 450 PREPARED BY: PSOMAS , Mutton Crnire Dn .t Sre. 200 Santo An°, Coiirornuo 92701 :7•+1+e1.N053,f1141S4S-E-60 Ign.i PATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FAA: DISTRICT COUNTY ROUTE SHEET PEA SHEET NO. TOTAL SHEETS 8 R I V 9 1 5. 6 L 2 2 EXHIBIT A, PAGE 9 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Ca!trans Parcel No. 22644-3 Temporary Construction Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 60.23 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 08°03'54" East 45.63 feet continuing along said westerly line to a point thereon; thence South 81°31'13" East 73.02 feet; thence South 08°05'16" West 33.24 feet; thence South 81°54'24" East 305.41 feet; thence South 84°38'12" East 281,47 feet; thence South 55°02'53" East 35.11 feet to a point on the easterly line of said land; thence South 08°02'01" West 30.83 feet along said easterly line to a point thereon, said point being North 08°02'01" East 24.01 feet from the southeasterly corner of said land; thence North 81°54'58" West 437.91 feet; thence North 77°02'50" West 228.85 feet to the beginning of a curve, concave southerly, having a radius of 5,529.00 feet; thence westerly along said curve 25.08 feet through a central angle of 00°15'36" to the True Point of Beginning. Containing 24,811 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing P-UPTG010501IS1J11 VEsOLLGALS132644_APN_ 118-2611-0I IALegals12204-3_1-C E doe 1 1/12l2012 Page 1 of 2 EXHIBIT A, PAGE 10 PSOMA5 grid distances by the mean combination factor of the courses being described. The mean 2 combination factor for this conversion is 0.99997476. Prepared under the direction of 5 6 7 //-/Z-tZ 8 Brian E. Bullock, PLS 5260 Date 9 ]0 11 12 13 14 15 16 17 is 19 20 21 z2 23 24 25 26 27 28 29 30 31 P LPTG01050115URVEY1LEGAL5122644_APN,_118-260-0IALesals122644-3_TCE.Jac I1/12J2012 rage 2 or EXHIBIT A, PAGE 11 EXHIBIT C2 PARCEL# TITLE AREA APN 22644-3 TCF 24,811 SOFT. 118-260-016 POMONA ST. b57'"E(R� 118-250-016 S81°55'46"E 327.5458t' 118-260-004I I .----.1._ C2S9 if18-260-0051 178-260-002 R=25.00' N08°03'54"E L C1 N 99.52' - ° 00' Cr . =90 00'2Q" 11 18-260-006 1 18-260-003 am = 71 ' — `O - .$1 R=43.00' S69°05'12"E Q `Q 118-260-0071 VN05°44'04"=10.36' 48.41' R=6.. a n 6=13°47'58" CO LOT 9; BLOCK 66? U1 _ g y1s 260 4oSB1°55`46"E L=117.42 --M.S. 916-8 `$,�120.18' ���',, 0=103°30'12" 1_1 (SAN BERNARDINO ' cz _ , COUNTY) 508°02'01"W 118-260-009 1 ----- / i' LINE TABLE 95.1 8' 1 � `a ,, ,,L1 - S81 55 46'E i 50.00' r L2 - S08°02'01"W 60.00' L3 - NS1 °55'46"w 1 50.00' L3L2 L4 - 5$1°55'46"E 150.00' - _ . ,��so —.1.L "w o Ira-z6o-oral ti 67 c 5 - S08°02'01 1 5.60' • N v.) o L6 - N81 ° 55'46"w 1 50.00' o r l718-260-011 � 1 Q N kr) Li — -r- T o Ln d7 .- DOC. NO. 2001 -201 234 O.R. cm o — — — L4 Ls eO in LOT B; BLOCK 66; M.H. 9/6-0 k-- L6 0 (SAN BERNARD I NO ,,,� ' 1 18-260-012 -I -, co O couNTY) ° Z'0�, Q p� OQ -• SEE SHEET 2 22644-3 S �`'0� r18-260-013 r 60' FOR DETAILf- TPOB S81°55'46"E _ ---7 L t 1 5,00 1 �`" 118-260-or4j Z 1-44 - - _ - • - rt7Tn-frn-rrnTn-irrir_ni Li-ti-r. +T --ILL ca ,..., � 249.17' 442.01 1r8-260-015 POB N81°54'27"W N$3°49`47"W 508°02'01"w ROUTE 91 RIVERSIDE FREEWAY PROP05ED R/w 108.00' , t t 3 4 295 6 7 8 9 300 1 2 3 LEGEND EXISTING RAY ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/Z STATIONING CURVE TABLE ° ( ) Title to State Cl -� R=43.00' L= 9.64' 6= 12 50'34" u+ F Access Prohibited C2 - R=60.00' L=1 07.74' 6=102°52'47" NOTES Coordinates and bearings are on CCS 198312007.001 Zone 6. Oistances ono stationing ore grid distances. Divitle by 0.99997476 to obtain ground 2 2 6 4 4- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I I FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 H. t' , "en.re D•i„e Stn. 200 o`'° 1 a°'tforns e a ai ra.1 U apl•1i0:3ilii.! � DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R 1 V 91 5.6 1 2 EXHIBIT A, PAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 22644-3 TCE 24,811 SO.FT. 118-260-016 LOT 9; BLOCK 66; W M. B • 9/68 , 1 18-260-0701 a 1/4 co o' (SANI�NARL1lNO COUNTY) •— 4 o C �i76-moo=at ir- N �C LOT 3} BLOCK bb; O N .-CO (SAN B RNARD l NO 22 v) — ;,., COUNTY) sob ° "W 116-260-012 �- j O 02'01 150.00' C) ° 22644 -- 3 z S08°05'16"W S81 °55'46"E 118-260-073 �- 60' 4 5.63 33.24' 1 5.00 ` 5e1 °54'24" E TP4B L ---- - - ---Lg _ W 178-260-0t51 I..\1 L 1 1 1 1 1 1 1 1 1 ryryes..� W1,t 60.2 3' 1 1 C 3 �" L 1 0 -- ' 30.83' POB — 209.1 7' —- 4a4 .017,.WPROPOSED 24.01 ' N8154'27"yy N83 R/W S08°02'01 "W ROUTE 91 /RIVERSIDE FREEWAY 108.00' 3 4 295 6 7 8 9 300 1 2 3 EXISTING R/W ROUTE 97 RIVERSIDE FREEWAY C/L STATIONING RADIAL DATA BEARING R1 N12°41'34"E LINE DATA BEARING DISTANCE CURVE DATA L7 581 ° 31 '1 3"E 73.02' RADIUS DELTA LENGTH L8 S84°38'12"E 281 ,47' C3 5529.00' 00° 1 5'36" 25.08' L9 S55°02'53"E 35.1 1 ' L10 N81°54'58'W 437.91' LEGEND L11 N77°02'50"W 228.85' POB indicates Point Of Beginning TP08 indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State LLLL. Access Pranib; ted NOTES Coordinates and bearings are on GCS 1983(2007.00) Zone 6. Distances and stationing are grid distonces. Divide by 0.99997476 to Obtain ground 2 2 6 4 4- 3 TEMPORARY CONSTRUCTION EASEMENT `— distances. All distances ore in feet unless otherwise noted. FEET 0 75 150 300 450 PREPARED BY: PSOMAS 3 II1A1T1Y1 Cent.e De.,e, Ste. MC Snntn nn, Cnu rernln 477p7 c71sue3-ac5317ts1545-"Pb3 (Fa.1 DATE: 10-24-11 REV. 3: 11-12-12 EA:OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PSI SHEET No. TOTAL SHEETS 8 RIV 91 5.6 2 r 2 EXHIBIT A, PAGE 13 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2z 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT D1' LEGAL DESCRIPTION Caltrans Parcel No. 22644-4 Temporary Access Easement APN 118-260-016 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201234 of Official Records of said County, described as follows: Beginning at the southwesterly corner of said land; thence North 08°03'54" East 105.86 feet along the general westerly line of said land to a point thereon; thence South 81 °31'13" East 73.02 feet to the True Point of Beginning; thence North 08°05'16" East 371.55 feet; thence North 52°27'58" East 87.82 feet to the beginning of a curve concave westerly having a radius of 15.00 feet; thence northerly along said curve 30.93 feet through a central angle of 118°09'03"; thence North 65°41'04" West 71.64 feet to a point on the general westerly line of said land, said point being the beginning of a non -tangent curve concave westerly having a radius of 65.00 feet, to which point a radial line bears South 58°31'49" East; thence nonherly along said general westerly line and along said curve 28.35 feet through a central angle of 24°59'11" to a point thereon; thence South 65°41'04" East 74.26 feet to the beginning of a curve concave westerly having a radius of 43.00 feet; thence southerly along said curve 88.67 feet through a central angle of 118°09'03% thence South 52°27'58" West 76.40 feet; thence South 08°05'16" West 365.37 feet; thence South 81 °54'24" Fast 276.75 feet; thence South 84'38'12" East 228.52 feet; thence South 05°21'48" West 28.00 feet; thence North 84°38'12" West 229.18 feet; thence North 81°54'24" West 305.41 feet; and thence North 08°05'16" East 33,24 feet to the True Point of Beginning. Containing 31,328 square feet. P:s2FrG010501\SURVE:YIL.LUALS522644_APN_l(3.26041161Lcga1M22644-4 JAE.doc 11!1221]12 Page l of 2 EXHIBIT A, PAGE 14 PS OMAS See Exhibit `D2' attached hereto and made a part hereof. 2 3 The distances described herein are grid distances and are based on California Coordinate 4 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 5 grid distances by the mean combination factor of the courses being described. The mean 6 combination factor for this conversion is 0.99997476. 7 8 9 10 11 _ij- l2 /2 12 Brian E. Bullock, PLS 5260 Date 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Prepared under the direction of PA2PTG0IQSOBSURVEY1LE:GAL51226i4_APN_l 18-260-0161Lega1s1226i4-4_ I At:.duc I I/12/2012 Pace 2 ul.2 EXHIBIT A, PAGE 15 EXHIBIT D2 PARCEL# TITLE AREA APN 22644-4 TAE 31,328 SOFT. 118-260-016 POMONA ST. 581°57'59"E(R) 1 ? 8-250-0161 ' S81 ° 55'46' E 327.54=-. ---- 1, - �_ ,— C2, f _1..__-1e-z6a-oo4 o i ft -- -� C r18-260-005� 118-260-002 i o N08°03'S4"Iwi , % \� R=25.00� CI L 39.27 L_—.._. -_ - kCo NJ -- % v 118-260-006 1r8-260-0031 m r_-� 71.81 �.=- R=43.00' S69°05'1 2"E 4 co , it 18-260-007 N05°44'04"W 48.41' ___ _R765.0Q' flp�� L=117.42,_.` -L=10.36' o� n' a=1 3°47'58" apcv� LJ7 9n LUCK 66; cn l ,.� M.S. 9/6—c7 ,,i„..-„.,.....,..- $.260 00$ ° , S81 2051 B� E Ca=103°30'12" .--cif (sAN BERNARDINO ,� "�l � 1 COUNTY) S08°02'01 f ir re-260-009 1 l INE TABLE 95.18'- 4L1 — `�1/ JIPi .� ,0co 1), �'' t' L1 - S81°55'46"E 150.00' r L 2 - S08° 02'01 "W 60. 00' ! 1 L3 - N8155 46'W 1 50.00' 1 L4 - S81 °55'46"E 1 50.00' L 3 oe p`„``> L2 I ,� o s �.f "W o o � r 1e-260-010 ti , f.,� m L5 - S08°02'01 1 5.60' ° : `v O Cr L6 - N81 55'46"W 1 50.00' 01 l 1 Y O.— I. V 18-260-01 1 ; O N d t- k-- — — m In S � DOC. N0. 2001-201234 O.R. v) l � — — -- -- L4 : =~ L 5 + `° Ln k LOT a; BLoc;< 66i M.B. 9i6-8 L6 �` O o / Y F (SAN BERNAREI I NO ,� 118-260--012 . �+ m a) e COUNTY? ° 2 0� `\ ; + z� A F S E E SHEET 2 -' 5o ao' \ I— Sae t 0 DETAIL 22644`-4) �� 118-260 Ora + 60' k r ii .=[ """''" "" i_- r 18-260-014 Z .-----"-----�--�-581 °55 a6"E� 1 5 00' -y , m I r I I- ' 249.1 7' -�� 42.01' ', `` r1a-2sa-ors POB7-� ° '" POB >Y N81 ° 54'27"W 1 N834947W !1 ° '508 02 01„ W ROUTE 91 RIVERSIDE !FREEWAY 'PROPOSED Riw 108.00' 3 4 295 6 7 j' 8 9 300 1 2 3 LEGEND 'EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point Of Beginning TP08 indicates True Point Of Beginning (R) indicates Radial Bearing C/L STATIONING CURVE TABLE C ) Titre to State C1 - R=43.00' L= 9.64' a= 12°50'34" I_-1 + Access Prohibited C2 - R=60.00' L=107.74' A=102°52'47" NOTES Coordinates and bearings are on CCS 1983(2007,00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- 4 TEMPORARY ACCESS EASEMENT distances. A11 distances ore in feet — unless otherwise noted. FEET 0 75 150 300 450 PREPARED BY: PSOMAS s Huftc.e Cri.rc prim, ire. 200 snr,a x� it'Sf.rn;o e' (1<}agi -�05 Sil7: �15a S-aa,7 Ik-a,.i DATE: 10-24-11 REV,:2; 11-12-12 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5.6 l 2 EXHIBIT A, PAGE 16 EXIIIBIT D2 PARCEL# TITLE AREA A P N 22644-4 TAE 31,328 SOFT. 118-260-016 118-250-076 I J i 118-260oae R=65.00' ((L10 L=117.42' -4 �l - A=103° 30' 1 2" C4 --L `�. R=4 3.00' ~ L =”. 6 7 ' 4` C� 1 18 - 260-009 %~ ft ` • A=1 1 8 09'03" ���� ( .0� I :�' L 1 1 : > , ° aco / py L07 y + 1�LJi✓;< 66; M °I/b- a i O rn4 (SAN 8ERNARDI NO COUNTY) 118-260-0TO Q �0'\ co v 1; . . e in ►crAn DOC. NO. 118-260-011 0 n n w —�,��"' '1? f-z 2001 -201 234 O.R. 3 v io LOT 8; EL DON 66; M,8. 9/6-8 °p !� 1;, � t (5A�1 SEiNAR01 NU COUNTY) ..1 r 1 Z w ' '`} o o 9 ° H3-26o-o12 L Oc)°°. 0° a p 2264.4 4 00 ci-_, 0 0 � z T 1`-� a ° w"- 11a-260-013' 581 54'24 E 584 38'12"E in I,-. 60` _ in �I ' 276.75' � 228.52' 4 w Llv 118-260 Ora yL7 ,(--------- ._��. �. ��._~--L13 �__�T►�L1Z , _,-_,� _ - \- _ S81 ° 55'46"E 1 5.00' i rra .'-33.24' 249.17' --____- 442.01 ' 116-260-0151 POB N81°54'27"W N83°4g'47"YV S08°02'01"W ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W 108.00' 1 - 3 4 295 6 7 1 8 9 300 1 2 3 EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY C!L STATIONING CARVE TABLE. LINE TABLE RADIAL TABLE C3 - R=1 5.00' L=30.93' A=1 18°09`03" L7 - S81 °31 `1 YE 73.02' R1 - 558° 31 '49"E C4 - R=65.00' L=28.35' A= 24° 59'1 1 " L8 - N52° 27'58"E 87.82' R2 - 583° 31 '00"E L9 - N65°41'04"W 71.64' LEGEND L10 - 565°41'04"E 74.26' POB Indicates Point Of Beginning TPOB indicates True Point Of Beginning (R1 Indicates Radial Bearing L11 - 552°27'58"W 76.40' L 1 2 - S05°21 '48"W 28.00' 1_13 - N84°38'12"W 229.18' ( ) Titre to State L14 - N81°54'24"W 305.41' J_L_LL Access Prohibited NOTES Coordinates and bearings are on CC5 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 6 4 4- 4 TEMPORARY ACCESS EASEMENT distances. All distances ore in feet unless otherwise noted. f - !mum' FEET 0 75 150 300 454 PREPARED BY: PSOMAS l W,t41n Ce,,tre Ori.f. S-f. 200 {7iija5fri05ti RISES HM v..1 DATE: 10-24-11 REV.:2; 11-12-12 EA: OF540 FAIL: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL, SHEETS 8 RIV 91 5.6 2 2 EXHIBIT A, PAGE 17 PROOF OF MAILING NOTICE I, Heather J. Buhr, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property Iocated in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-250-014 and I18-250-022 (CPNS 22196-1, 22196-2, 22196-3, 22196-4 and 22196-5 ): Corona Maude Record Owner 18362 Hillcrest Avenue Villa Park, CA 92861 Maude -Corona, LLC Record Owner 18362 Hillcrest Avenue Villa Park. CA 92861 Maude -Corona, LLC Record Owner c/o Leslie Maude 18362 Hillcrest Avenue Villa Park, CA 92861 Maude -Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 17th Street P.O. Box 10237 Santa Ana, CA 927I 1-0237 John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 DATED: July 26, 2013. 17336.0210018083099. l Record Owner Courtesy Copy 4i Order No.: 09306092-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306092 LITIGATION GUARANTEE f\ON Nv. 1'3 - 04 SCHEDULE A Order No,: 09306092-903-CMC Guarantee No.: CA-FXFC-IMP-81021-1-12-09306092 Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: July 20, 2012 at 7:30 a.m. 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Tony Abboud and Joumana Abboud Dib, husband and wife as joint tenants as to an undivided 500/0 interest, and Jignesh Patel and Leena Patel, husband and wife as joint tenants as to an undivided 50% interest, as tenants in common 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee CLTA Guarantee Form No. 1 (12/16/92) Page 1 ORIGINAL NOTICE OF HEARING TO PROPERTY OWNERS • Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3r1 Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: July 26, 2013. Wednesday, September 11, 20I3 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 By: T & KRIEGER LLP Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. 17336.0210018088268.1 PS OMAS EXHIBIT 'Al' LEGAL DESCRIPTION Caltrans Parcel No. 227524 Fee Acquisition APN 102-050-012 In the County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded October 6, 2008 as Document No. 2008-0540432 of Official Records of said County, described as follows: Beginning at the most southerly corner of said Parcel 1; thence North 63°26'35" East 64.28 feet along the general southeasterly Iine of said Parcel 1 to a point thereon, said point being the beginning of a curve concave northwesterly having a radius of 455.99 feet; thence northeasterly continuing along said general southeasterly line and said curve 136.38 feet through a central angle of 17°08'13" to the most easterly corner thereof; thence North 55°51'29" West 22.71 feet along the general northeasterly line of said Parcel 1 to a point thereon, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 448.00 feet, to which point a radial line bears South 42°00'46" East; thence southwesterly along said curve 64.87 feet through a central angle of 08°17'46"; thence South 56°22'45" West 126.62 feet to a point on the southwesterly line of said Parcel 1; thence South 34'41'25" East 11.89 feet along said southwesterly line to the Point of Beginning. Containing 3,974 square feet. See Exhibit `A2' attached hereto and made a part hereof. PA2PTG010501WIRVEYII.FGALS122752 APN_102.050-0121Lega1s122752.1_Fce,doc 12E1 V.012 Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79 30 31 PSQMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of f Brian E. Bullock, PLS 5260 Date P:12 PTG0105011SU RV F.Y1LEGA LS122752_APN_ 102 -050-0 121Legais 22 7 5 2-1 _Fee. doe 12/11/2012 Page 2 of 2 EXHIBIT r12 PARCEL# TITLE AREA APN 22752-- 1 FEE 3974 SOFT. 102-050-012 102-050-006 1 0 09 °S 583°28'31"W 65.16' LEGEND POB (R) C ) Indicates Point Of Beginning indicates Radial Bearing Title to State IiI Access Prohibited ti f I l l 1 1 A=08° 1 7'46" R=448.00' L=64.87' \----- S33°43'00"E(R) 22752-1 2 A5'* 1 S56 26 62 ° o� � ' �s , D �,A 36 3$ 6°6 : 11jS"E V' POB N� RIw ExISS 1 CL ES RF AS I 11( 2 1 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22752-1 FEE ACOUISITION immEmm. REMMINIMMEMEMMI FEET 0 30 60 120 1BD PREPARED BY: P SOMA S s+_..�c DATE: 12-11-12 DISTRICT 8 REV.: EA: OF540 FM*: COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS RIV c,1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-050-012 (CPN 22752-1): Patel J Family Living Trust Record Owner 3940 W. Century Boulevard Inglewood, CA 90303 Tony Abboud Record Owner 9050 Telegraph Road Downey, CA 90240 Joumana Abboud Dib Record Owner 9050 Telegraph Road Downey, CA 90240 Jignesh Patel Record Owner 9050 Telegraph Road Downey, CA 90240 Leena Patel Record Owner 9050 Telegraph Road Downey, CA 90240 DATED: July 26, 2013. Frances White 17336. 0210018085988.1 DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: 9/11/ 0 CHECK IF SUBJECT OF PUBLIC COMMENTS: 0 PUBLIC COMMENTS: AGENDA ITEM NO.: (AS LISTED ON THE AGENDA) SUBJECT OF RGS ,1,1 o'lc/LCC6551�y-�' /!PN /cam °9/-GC AGENDA ITEM: p/ .$►N i/7-/y--c 2 NAME: 00415 1. lot +tie✓' PHONE NO.: i i t+ Y2- S: ��L ADDRESS: 6 G 561 %.>n Coric f' Q/" /L6 ) ..654"r4 /47E s4 J G A' q 2 C14 STREET CITY ZIP CODE REPRESENTING: Gielevt» PHONE NO.: NAME OF AGENCY / ORGANIZATION / GROUP /�� BUSINESS ADDRESS: '/ 5"."v„ 54. rC.4-- STREET 2270 CITY ZIP CODE SON 0�� i 3 —o2.y DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: - /02 G/ CHECK IF SUBJECT OF PUBLIC COMMENTS: O PUBLIC COMMENTS: AGENDA ITEM NO.: SUBJECT OF (AS LISTED ON THE AGENDA) 6 AGENDA ITEM: NAME: Yt e0 Lt._ .1':71(417Et", o1F/ve46`-s;rit J�o. /3 - 027 ADDRESS: 7403AA-dirt SJityle.-41-� 5i4,4Lt3o? STREET PHONE NO.: l �g•"" 0 67-72V Zr vine) 9Z4/ y cmr ZIP CODE REPRESENTING: T 'u' I-1. FeIle�gf 4PY1- 6/um NAME OF AGENC / O GANIZAMON / GROUP PHONE NO.: BUSINESS ADDRESS: crrr STREET doct--1-3 kON ZIP CODE Pkwl s Ci DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: C/1//cQ CHECK IF PUBLIC COMMENTS: O SUBJECT OF �o� PUBLIC COMMENTS: �/�, AGENDA ITEM NO.: ,,� SUBJECT OF (AS LISTED ON THE AGENDA) AGENDA ITEM: NAME: ce PHONE NO.:7/4/ 76- glik ADDRESS: Q /9 / l ent4Ho4 d--Love 9194e65 STREET Z:4gerda-40 CRY ZIP CODE REPRESENTING: NAME OF AGENCY / ORGANIZATION / GROUP BUSINESS ADDRESS: 91 4 STREET PHONE NO.: -7A 9,2 o54tP 3 CITCY7Z1:)d 4a kd s ZIP CODE RoNi \3-oz2. P I DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: CHECK IF SUBJECT OF PUBLIC COMMENTS: O PUBLIC COMMENTS: AGENDA ITEM NO.: 6 SUBJECT OF (AS LISTED ON THE AGENDA) i 1 b .t)/-die‘ C¢ NAME: 17-fi PHONE NO.: ADDRESS:, 41— "s'` V [ �-� STREET CITY ZIP CODE j� REPRESENTING: J ► 16-1. BUSINESS AD AGENDA I EM: NAME OF AGENCY / ORGANIZATION / GROUP RESS: P-411 57) STREET PHONE NO.: CITY ZIP CODE R.,cN C5-030 P� Daleo Enterprises 2199 N Batavia St Suite A Orange, CA 92865 Hello my name is Randy Daleo , I am here representing the whole of our family business, Daleo Enterprises and the Westgate Shopping Center located at 2410 Wardlow Road - Corona, CA. The reason we selected and acquired this property was due to its prime location and especially its high visibility from the 91 freeway. The second reason was accessibility to and from the west bound 91 Freeway ramp, as it is currently located right in front of the center. Accordiong to CalTrans the traffic flow on the freeway in 2001, is in excess of 230,00 cars per day. That number has only increased in twelve years.. Its location continually attracts strong tenants and many shoppers to the center. Typically,m to advertise an available unit in the Westgate Shopping Center, we merely would hang banners on the top of an empty building and the phone would sometimes be ringing with an interested client before the banner hanger could come down from the roof! On average, a unit would be rented within two weeks of availability. We were able to advertise on behalf of our tenants on the digital 40-foot tall marquee which also encouraged and inspired to attract customers for our tenants. The combination of visibility, banners, and the digital advertising was a success for our center's continued prosperity. Our center was prosperous enough for us to invest an additional $150,000 to remodel and modernize the front of the center and make upgrades to the roof, increasing its value and compliment the City of Corona. Then came a letter from RCTC and Cal Trans asking for a meeting . They wanted to advise us about the possibility of a 91 freeway expansion. which now appears to be a devastating blow to the rentability of our center. Initially, RCTC and CalTrans shared no details how this would affect our property at Westgate Center. However they did communicate to us from that date forward, we MUST PROVIDE a Letter of Intent to inform all prospective tenants that there was indeed a possibility that the widening of the 91 freeway may affect their future business. A s a result, any negotiations of rent has spiraled downward nearly 50%. Level One Review: Date - July 18th, 2013 We, Daleo Enterprises, presented to RCTC AND CAL TRANS our deep concerns of the immediate destructive impact this widening project has and will have to our Center. We asked for additional parking in the rear of the center during construction since some parking will be lost. Also, we asked for banners to be placed on the back of each store in hopes their customer would use the rear door entrances to enter their stores as well as the new parking in the rear of all the stores. CalTrans informed us the Marquee must be also replaced to accommodate the new off ramp. The ramp CalTrans proposes will block out our current digital marquee. We requested our lawyer, Rick Price to attend a meeting with the City of Corona Planning Department with RCTC. This meeting was arranged without notifying me or having anyone present from Daleo Enterprises! Level Two Meeting - September 6, 2013: I was informed by one Kelly Kelly who is by the way, employed RCTC, that the planning department meeting had already taken place at the end of July 2013, without our knowledge. Additionally, she stated she decided to represent me and my family ... and after all she only has my family best interest in mind! I object and disagree for her to be my voice in this matter. I inquired of her how many of Daleo Enterprises concerns and demands did she secure on our behalf? Her reply was, "Not one." This is not equitable representation in my opinion, this is being railraoded. So, now comes the big surprise, at the second level meeting on September 6 we are informed for the first time about the planned location of the off ramp bridge. Quoting RCTC in their own words, "You are going to loose almost all west bond traffic visibility. " However, east bound traffic would be able to see the Westgate Center from the overpass at Serfas Club Drive and the Auto Center Drive exit, but once traffic drops down to the existing freeway height, there will be no visibility of the center going east either. Westgate Center is literally being transformed by CaITRans from a highly visible, and productive retail center into an industrial commercial location with almost no visibility! Our current retail tenants are not willing to pay their current lease rates with the proposed freeway modifications presented by CaITRans. In fact, most current leasees will not renew their leases as outlined in their leasing contract if their visibility is obscured. Most have indicated they will relocate elsewhere. I predict, if Daleo Enterprises can even keep one tenant in Westgate Shopping Center during this project, ( not to mention what the devaluation of the resale value of the property) we will be quite shocked. I certainly would not want a retail store in these circumstances if I were one of my leasees. Shopping centers should be visible, with easy access, adequate parking, and a convenience ... this center will become an access nightmare and an inconvenience to our retail shoppers. Location, visibility and accessibility, the main reasons we bought this center are now all gone ! Because of the condition that RCTC and CalTrans are going to potentially leave the West Gate Center in , we believe that it is more than justifiable for RCTC and CalTrans to take the whole center not just a parcel, as an act of Emanate Domain. They have offered us $1,200,000 for a partial take of our center. The Westgate Center was recently appraised at $10,000,000. I respectfully ask for action in favor of Daleo Enterprises. We are looking for just compensation. Randy Daleo, Partner in ownership, 714 715 8786. Owner: Wardlow Inv. APN: 102-420-035 Address: 2410 Wardlow Cir, Corona, CA 92880-28792 a� CALTRANS PARCEL # 22124 r#TF s LL —. •S P _ Aim AERIAL VIEW ASPH _!r_ IiiiC�. 'DISCLAIMER - Riverside County Transportation Commission, Caltrans and various other public agendes are still In the planning stages of the proposed project No decision has been made regarding the alignment or expansion of the freeway, roads, off -ramps and ancillary fealties in the areas shown. Nothing reflected herein is intended to, or shall be constructed to, mean that a decision has been made to acquire any property shown or implement any depicted capital improvement. The information contained and/or depicted herein is for public agency planning purposes only and not intended to cause any action, or inaction, by anyone or to be relied upon by any third party.' 102-420-035 GAD VIEW LEGEND - - - - TCE WALL EASEMENT -1 LL1- PROPOSED CALTRANS RNV PROPOSED CITY RNV PARCEL LINE - - - - TCE UTILITY - - - PERMANENT UTILITY EASEMENT (PUE) - EXISTING CALTRANS RNV 720- -660-- ---_._...._MY 2212¢ -620- WEST BOUND ON RAMP 15 f HE rr t H HT Y..t �� % Apyr. r/r r �i0..... ;-1-74t 77-":4' �h 11) 4t ._ FZDS _tSIO 3« 8•6'�o 15'1 HEIGHT -- Oh 6:ri .— H 3((rg Q O mCO to 3 CPN 22125 EXIST. 91 EXISTING GROUND AT BUILDINGS WEST BOUND OFF RAMP BRIDGE STRUCTURE CPN 22127 i r fr", r/7 . /. Ay/7 A r A 4 l'Ae . 4" .‘ 4 r%friZZ,Z4 47, ' Vrfr Iry /AA ZZA 7.Z/2 /00 0 100' 200' -. --700- --680- Blow\Drawings\Exhibits\ V ertkal_Rrlatlon_Exhibit thrg 0 N S L 3 w s r PROFILE SCALL4 ROM VERT.. 1 .20' g N IV 300' ENGINEERING CONSULTANTS MN W.rno4ct IYEEMOmEEEIMO. NET 25109 JEFFERSON AYE.. SUITE 220 DIURRIETA. CA 92562 951-200.4E40 -64Q- VERTICAL RELATION EXHIBIT FOR LEI 2 2 ^ 12157pn By, Owner d CPN 22124, 22125 & 22127 ,•\ i • h •• f `; -. ---•....�...;.� . _... h un: ? ..,.« y«: : F „ I'd . ,. w: 1„,..6....t:: not}»:a,d,..k;.:.� ::1_ •zi:.4 1 : f".,, IJ ,..,iwlt'ttSLIY i . €,.,� ,. f ; f r jis } • ilk N:h .9il�;' �i:as:ar:5raswuFxSSY �srnuatttY..n.i4sr f 1!! J(( t: f, s ir� °� if rfil by "j ..5 r i�..�'"a.,., . !t". i !f I f1 if ? fi ;l ;f RG'7 ay j 111 I; AGENDA ITEM 8A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Finance Manager/Controller THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended June 30, 2013. BACKGROUND INFORMATION: During the past fiscal year, staff monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the 12 months of FY 2012/13. Many accrual adjustments for revenues and expenditures have been made for June 30, 2013, and are reflected in these financial statements; however, staff will continue to make year-end accrual adjustments depending upon materiality through the completion of the audit in October. The operating statement shows the sales tax revenues for the fourth quarter at 92 percent of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A funds and remits these funds to the Commission after the reporting period for the business. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through May 2013. On a cash basis, the Measure A and Local Transportation Fund (LTF) sales tax revenues are 10.92 percent and 11.26 percent higher, respectively, than the same period last fiscal year. Staff will continue to monitor the trends in the sales tax receipts and report to the Commission any necessary adjustments. Federal, state, and local revenues are on a reimbursement basis. The Commission receives these revenues as eligible project costs are incurred and invoiced to the respective agencies. Federal reimbursements are under budget due to the delay in the construction of the Perris Valley Line (PVL) project. Staff will continue to prepare year-end reimbursement revenue accrual adjustments in connection with the year-end closing and audit process. Agenda Item 8A 342 During the FY 2012/13 budget process, the Commission took a conservative approach in estimating the Transportation Uniform Mitigation Fee (TUMF) revenues of $4 million passed through from Western Riverside Council of Governments (WRCOG) as a result of the weak housing sector. In January 2013, the Commission approved staff's recommendation to increase the TUMF revenue budget to $6.3 million due to signs of recovery from the nationwide recession in the local economy and an improvement in the housing market. Actual revenues are approximately 76 percent higher than the revised budget amount. The budgeted balance of $1,257,000 relates to the TUMF Zone reimbursements from WRCOG for the 74/215 interchange project. Staff will continue to prepare year-end reimbursement revenue accrual adjustments in connection with the year-end closing and audit process. Other revenues include property management revenues generated from properties acquired in connection with the State Route 91 Corridor Improvement Project (SR-91 CIP). During the FY 2012/13 budget process, the Commission anticipated the issuance of approximately $1.2 billion in sales tax and toll revenue bonds and a federal loan through the Transportation Infrastructure Finance and Innovation Act (TIFIA) in June 2013 for the SR-91 CIP. Due to continued work on the financing plan assumptions, the financial close on the SR-91 CIP did not occur as planned in FY 2012/13; however, the Commission issued $674 million in sales tax and toll revenue bonds the first week of FY 2013/14. Additionally, based on discussions with TIFIA staff regarding the loan administration, loan proceeds will be received as eligible design -build costs are incurred. Therefore, interest income is under budget due to the unanticipated financial close occurring in FY 2013/14. The expenditures categories are in line overall with the expectations of the budget with the following exceptions: • Professional services are under budget due to unused budget authority for goods movement consulting services, communication and graphic services, rideshare software services, and the legal and financial advisory services due to delay in awarding the SR-91 CIP design build -contract and starting the 1-15 CIP financial feasibility update; • Support costs are under budget due to unused budget authority for call box reductions and the West Corona Station parking lot resurfacing and restriping project, which has been delayed until the completion of the Auto Center grade separation project; • Program operations budget reflects the anticipation of additional consultant services from Bechtel and Metrolink during the construction of the PVL project. Due to the delay in construction on the PVL project, the unused budget authority has been moved to FY 2013/14; • Operating and capital disbursements are made as claims are submitted to the Commission by the transit operators; • Special studies are under budget due to unused budget authority for project, planning and monitoring, and rail feasibility studies; Agenda Item 8A 343 " Local streets and roads expenditures are related to the timing of the Measure A sales tax revenues as previously discussed. These financial statements reflect expenditures made to the local jurisdictions for collections through May 2013. Staff expects the Measure A sales tax revenue accrual adjustments for June and the clean-up, that will be determined in late August and September, will result in revenues exceeding the budgeted amount. This will have a direct effect on the local streets and roads turnback expenditures to local jurisdictions, resulting in an excess of expenditures over budget. A budget adjustment request is the subject of another item in this agenda; " Regional arterial expenditures primarily represent expenditures for the highways and regional arterial program administered by Coachella Valley Association of Governments (CVAG). CVAG requests reimbursements from the Commission based on funds and sufficient budget authority; and " Capital outlay expenditures are under budget due to unexpended authority for hardware and software improvements and station security improvements. Debt service interest expenditures on the 2010 bonds are made in December and June, while interest expenditures on the 2009 bonds are made monthly due to the variable rate nature of the bonds. Principal payments on the 2009 bonds and the 2010 bonds are made in June. Debt proceeds consist of commercial paper and bond issuances. The Commission issued $60 million in commercial paper notes during the fiscal year. Staff anticipated a significant portion of debt proceeds in the fourth quarter of FY 2012/13 in connection with the issuance of sales tax and toll revenue bonds and execution of a TIFIA loan for the SR-91 CIP. As previously discussed, the financial close for the SR-91 CIP did not occur until the first week of FY 2013/14. As a result the debt proceeds are under budget for FY 2012/13. The following list discusses the significant capital projects (i.e., budgeted costs in excess of $5 million) and related status. Capital project expenditures are generally affected by lags in invoices submitted by contractors and consultants, as well as issues encountered during certain phases of the projects. The capital projects budgets tend to be based on aggressive project schedules. Highway Engineering/Construction/Design-Build/Right of Way/Land SR-91 High Occupancy Vehicle Lanes Project  Caltrans completed design work and expenditures remain within the budget authority. Utility relocation continues and the submittal of invoices for expenditures incurred to date continues to lag. Staff oversees right of way acquisition, which has been certified; three acquisitions are still pending settlements. An estimated accrual has been made for utility relocations and right of way acquisition settlements related to FY 2012/13. Construction began in April 2012 and is managed by Caltrans. 71/91 Interchange Project  The availability of federal earmark funds allowed the final design phase of work to move forward. A contract for the final design consultant was awarded at the February 2012 Commission meeting. Notice to proceed was issued in March 2012 starting the final design phase. Final design was delayed in FY 2012/13 due to the Army Corps of Engineer's Agenda Item 8A 344 environmental process, which has been resolved. Final design is expected to be completed in the fourth quarter of FY 2013/14. Right of way requirements have been established, and acquisition is expected to start in the second quarter FY 2013/14. SR-91 CIP (design -build) — The Commission completed financing activities for this project including the issuance of sales tax and toll revenue bonds and execution of a TIFIA loan in July 2013. With the environmental document approved, full right of way acquisition work is underway including eminent domain proceedings and is expected to peak in FY 2013/14. Agency, utility, and railroad agreement work continues with several agreements remaining to be completed. A design -build contract was awarded in May 2013, one month later than estimated at the beginning of FY 2012/13. A limited notice to proceed (NTP) was issued concurrent with the contract award and included early deliverables and mobilization. Full NTP is scheduled to be issued in September 2013. 1-15 CIP — Staff is working with the consultant to finalize an updated schedule and budget for the revised project scope that the Commission approved in January 2013. Staff is proceeding to develop a project report and environmental document. This project is expected to remain under budget as a result of the revised project scope. An amendment is the subject of a staff report included in this agenda for Commission approval. 1-215 Central Widening Project from Scott Road to Nuevo Road — Final design and right of way acquisitions related to the project are complete. Advertising for the construction bids occurred in the first quarter of FY 2012/13. The NTP for construction was issued December 10, 2012, with the first working day starting in January 2013. Invoices for expenditures incurred to date have been submitted in a timely manner by the contractor and the construction costs are expected to be within budget for FY 2012/13. Rail Engineering/Construction/Right of Way/Land PVL Project — Final design is complete. Federal Transit Administration (FTA) continues work to finalize the Small Starts grant agreement. Major outstanding right of way acquisition activity continues for the station and layover facility at south Perris. A lawsuit brought by the Friends of Riverside Hills challenging elements of the California Environmental Quality Act document was settled in July 2013. Construction is pending the receipt of the FTA Small Starts grant agreement. Attachments: Quarterly Financial Statements —June 2013 Agenda Item 8A 345 RIVERSIDE COUNTY TRANPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 4TH QUARTER FOR TWELVE MONTHS ENDED 6/30/2013 FY 2012/13 4TH QUARTER REMAINING PERCENT BUDGET ACTUAL BALANCE UTILIZATION Revenues Sales tax $ 224,712,500 $ 206,428,616 $ (18,283,884) 92% Federal reimbursements 73,151,900 10,748,730 (62,403,170) 15% State reimbursements 17,917,800 9,718,151 (8,199,649) 54% Local reimbursements 2,688,700 1,271,368 (1,417,332) 47% Transportation Uniform Mitigation Fee 7,557,300 11,373,724 3,816,424 150% Other revenues 882,800 1,297,879 415,079 147% Interest 7,265,900 6,101,795 (1,164,105) 84% Total revenues 334,176,900 246,940,263 (87,236,637) 74% Expenditures Salaries and benefits 6,971,100 6,353,868 617,232 91% Professional and support Professional services 15,862,150 11,541,105 4,321,045 73% Support costs 5,283,940 3,827,382 1,456,558 72% Total Professional and support costs 21,146,090 15,368,487 5,777,603 73% Projects and operations Program operations - general 18,764,500 15,088,410 3,676,090 80% Engineering 29,283,910 16,004,986 13,278,924 55% Construction 123,857,700 34,017,598 89,840,102 27% Design Build 29,050,000 23,582,534 5,467,466 81% Right of way/land 111,933,795 49,044,422 62,889,373 44% Operating and capital disbursements 97,835,790 66,192,747 31,643,043 68% Special studies 850,000 246,224 603,776 29% Local streets and roads 42,129,000 39,232,340 2,896,660 93% Regional arterials 16,455,400 8,457,064 7,998,336 51% Total projects and operations 470,160,095 251,866,325 218,293,770 54% Debt service Principal 126,800,000 6,800,000 120,000,000 50/0 Interest 16,613,000 15,404,132 1,208,868 93% Total debt service 143,413,000 22,204,132 121,208,868 15% Capital outlay 475,200 220,442 254,758 46% Total Expenditures 642,165,485 296,013,254 346,152,231 46% Excess revenues over (under) expenditures (307,988,585) (49,072,991) 359,431,155 16% Other financing sources/(uses) Operating transfer in 328,118,590 113,006,218 (215,112,372) 34% Operating transfer out (328,118,590) (113,006,218) 215,112,372 34% Debt proceeds 1,220,172,000 60,000,000 (1,160,172,000) 50/0 Total financing sources/(uses) 1,220,172,000 60,000,000 1,160,172,000 5% Net change in fund balances 912,183,415 10,927,009 1,519,603,155 1% Fund balance July 1, 2012 556,693,300 575,578,619 18,885,319 103% Fund balance June 30, 2013 $ 1,468,876,715 $ 586,505,628 $ 1,538,488,474 40% 346 GENERAL FUND RIVERSIDE COUNTY TRANSPORTATION COMMISSION QUARTERLY BUDGET VS ACTUALS BY FUND 4TH QUARTER FOR TWELVE MONTHS ENDED 6/30/2013 MEASURE A SALES TAX FSP/ WESTERN PALO COACHELLA LOCAL STATE TRANSIT SAFE COUNTY VERDE VALLEY TRANSPORTATION ASSISTANCE VALLEY FUND TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) COMMERCIAL SALES TAX PAPER BONDS DEBT SERVICE COMBINED TOTAL Revenues Sales tax $ 2,700,000 $ - $ 97,037,454 $ 911,173 $ 31,135,389 $ 64,244,471 $ 10,400,129 $ - $ S - S - $ 206,428,616 Federal reimbursements 11,878 748 10,736,104 - - - - 10,748,730 State reimbursements 395,102 3,158,365 6,164,684 - - - - 9,718,151 Local reimbursements 178,576 147,586 838,205 107,001 - - 1,271,368 Transportation Uniform Mitigation Fee - - 312,619 - 11,061,105 - - 11,373,724 Other revenues 34,174 586 692,740 - - - 132,005 438,374 - - 1,297,879 Interest 31,923 17,190 544,869 - 53,691 196,189 124,108 183,375 1,806,299 178,434 2,965,717 6,101,795 Total revenues 3,351,653 3,324,475 116,326,675 911,173 31,189,080 64,547,661 10,524,237 11,376,485 2,244,673 178,434 2,965,717 246,940,263 Expenditures Salaries and benefits 3,510,225 105,029 2,584,077 984 153,553 - 6,353,868 Professional and support Professional services 1,194,239 493,905 9,160,636 3,500 688,825 - - 11,541,105 Support costs 2,654,019 514,893 657,869 - 601 3,827,382 Total Professional and support costs 3,848,258 1,008,798 9,818,505 3,500 689,426 15,368,487 Projects and operations Program operations -general 1,468,813 2,396,800 10,884,729 - 338,068 15,088,410 Engineering 38,707 - 12,895,201 - 3,071,078 - - 16,004,986 Construction - 22,060,959 - 10,655,529 115,586 1,185,524 34,017,598 Design Build 23,582,534 - 23,582,534 Right of way/land - 43,413,374 - - - 3,199,052 2,236,373 195,623 49,044,422 Operating and capital disbursements 9,650,146 4,340,575 4,500,000 45,599,968 2,102,058 - - - 66,192,747 Special studies 184,437 61,787 - - - - 246,224 Local streets and roads - 27,423,781 911,173 10,897,386 39,232,340 Regional arterials - - 8,457,064 8,457,064 Total projects and operations 11,342,103 2,396,800 144,662,940 911,173 23,854,450 45,599,968 2,102,058 17,263,727 2,351,959 1,381,147 251,866,325 Debt service Principal - 6,800,000 6,800,000 Interest 48,016 15,356,116 15,404,132 Total debt service 48,016 22,156,116 22,204,132 Capital outlay 75,159 145,283 220,442 Total Expenditures 18,775,745 3,510,627 157,210,805 911,173 23,858,934 45,599,968 2,102,058 18,106,706 2,399,975 1,381,147 22,156,116 296,013,254 Excess revenues over (under) expenditures (15,424,092) (186,152) (40,884,130) 7,330,146 18,947,693 8,422,179 (6,730,221) (155,302) (1,202,713) (19,190,399) (49,072,991) Other financing sources/(uses) Operating transfer in 14,097,589 1,007,000 77,313,405 - - 112,781 - 20,475,443 113,006,218 Operating transfer out (12,869) (995,000) (36,166,319) - (14,097,589) (57,529,917) (1,352,133) (2,852,391) (113,006,218) Debt proceeds - - - 60,000,000 60,000,000 Total financing sources/(uses) 14,084,720 12,000 41,147,086 - (14,097,589) 2,582,864 (1,352,133) 17,623,052 60,000,000 Net change in fund balances 0,339,372) (174,152) 262,956 - 7,330,146 4,850,104 8,422,179 (6,730,221) 2,427,562 (2,554,846) (1,567,347) 10,927,009 Fund balance July 1, 2012 13,685,227 7,255,419 240,237,824 556 17,346,594 92,088,969 43,854,533 73,224,071 31,143,594 5,651,884 51,089,948 575,578,619 Fund balance June 30, 2013 $ 12,345,855 $ 7,081,267 $ 240,500,780 $ 556 $ 24,676,740 $ 96,939,073 $ 52,276,712 $ 66,493,850 $ 33,571,156 $ 3,097,038 $ 49,522,601 $ 586,505,628 347 AGENDA ITEM 8B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Marla Dye, Procurement Analyst Matt Wallace, Procurement Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2013. BACKGROUND INFORMATION: Certain contracts are executed under single signature authority as permitted in the Commission's Procurement Policy Manual adopted in December 2012. The Executive Director is authorized to sign services contracts that are less than $100,000 individually and in an aggregate amount not to exceed $1 million in any given fiscal year. Additionally, in accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment, materials, and construction of all facilities and works under $50,000 individually. The attached report details all contracts executed for the fourth quarter ended June 30, 2013, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at June 30, 2013 is $283,576. Attachment: Single Signature Authority Report as of June 30, 2013. Agenda item 8B 348 CONSULTANT SINGLE SIGNATURE AUTHORITY AS OF June 30, 2013 DESCRIPTION OF SERVICES ORIGINAL EXPENDED AMOUNT REMAINING CONTRACT AMOUNT CONTRACT AMOUNT AMOUNT AVAILABLE July 1, 2012 $1,000,000.00 Southstar Engineering & Consulting ROW Management Support Services 33,000.00 27,060.00 5,940.00 California Highway Patrol (CHP) Temecula COZEEP for 1-215 (Part 2) 32,000.00 0.00 32,000.00 Arellano Associates, LLC DBE/SBE Outreach Services 55,000.00 54,998.01 1.99 Cambria Solutions, Inc Toll Program Implementation Services 100,000.00 92,937.50 7,062.50 Koff & Associates Classification, Compensation & Benefit Study 50,000.00 29,930.00 20,070.00 The Skancke Company Amendment No. 3 for Federal Advocacy Services 4,471.79 4,471.79 0.00 AECOM Construction Design & Enviromental Services for 1.215 E. Junction HOV Connectors. 100,000.00 0.00 100,000.00 Atkins North America Right of Way Audit Services for the SR-91 CIP 10,000.00 7,862.86 2,137.14 Warner Water Works Station Street Sweeping Services 60,000.00 23,086.00 36,914.00 Info Tech Services Groups, Inc Station Security Database Maintenance and Development Serivices 10,000.00 0.00 10,000.00 Alvarado Smith Legal Representation 100,000.00 59,281.91 ' 40,718.09 HDR, Inc. Railroad Coordination Services 31,952.00 0.00 31,952.00 David Evans & Associates, Inc Supplemental Specialty Work On the 74/215 Interchange Project. 70,000.00 9,780.69 60,219.31 Arellano Associates, LLC Outreach Services 60,000.00 0.00 60,000.00 AMOUNT USED 716,423.79 AMOUNT REMAINING through June 30, 2013 $283,576.21 Agreements that fall under Public Utilities Code 130323 (C) None N/A Marla Dye Theresia Trevino `Amount associated with the correct Alvarado Smith agreement Prepared by Reviewed by executed under single signature authority. Note: Shaded area represents new contracts listed in the fourth quarter. J:\2013\09 September \8B.MC.AI.MD.RCTC.Attl.SingleSignC4.xlsx 349 AGENDA ITEM 8C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Sales Tax Analysis BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the sales tax analysis for Quarter 1 (Q1) 2013. BACKGROUND INFORMATION: At its December 2007 meeting, the Commission awarded an agreement to MuniServices, LLC (MuniServices) for quarterly sales tax reporting services plus additional fees contingent on additional sales tax revenue generated from the transactions and use tax (sales tax) audit services. As part of the recurring contracts process, the Commission approved a five-year extension of the agreement. The services performed under this agreement pertain to only the Measure A sales tax revenues. Since the commencement of these services, MuniServices submitted an audit update, which reported findings that were generated and submitted to the State Board of Equalization (SBOE) for review and determination of errors in sales tax reporting related to 262 businesses. For January through March 2013 (Q1 2013), the SBOE approved corrections for 193 of these accounts for a total sales tax revenue recovery of $3,309,459. If the SBOE concurs with the error(s) for the remaining claims, the Commission will receive additional revenues; however, the magnitude of the value of the remaining findings was not available. It is important to note that while the recoveries of additional revenues will be tangible, it will not be sufficient to alter the overall trend of sales tax revenues. Additionally, MuniServices provided the Commission with the quarterly sales tax summary report for the first quarter of calendar year 2013 (Q1 2013). Most of the Q1 2013 Measure A sales tax revenues were received by the Commission in the second quarter of calendar 2013, during April through June 2013, due to a lag in the sales tax calendar. The summary section of the Q1 2013 report is attached and includes an overview of California sales tax receipts, local results, historical cash collections analysis, summary of the top 25 sales tax contributors, historical sales tax amounts, sales tax by business category, economic trends for significant Agenda Item 8C 350 business category (construction), and results. The following observations were noted in the Q1 2013 report: • Sales tax receipts for Riverside County were 10.5 percent higher compared to the Q1 2012. Staff has noted in recent quarters significant receipts from energy -related companies, which may be attributable to solar developments in Riverside County. These receipts are reflected in the construction and business to business economic categories, as noted in the Economic Category Analysis table below. • Taxable transactions for the top 25 tax contributors in Riverside County, which generated 24 percent of the taxable sales for the year ended Q1 2013, were comparable to the year ended Q1 2012. The top 100 tax contributors generated 38 percent of the taxable sales for the year ended Q1 2013, which was comparable to the year ended Q1 2012. • Five of the six economic categories experienced increases in the Q1 2013 benchmark year comparison to Q1 2012. Construction and business to business had the largest increases at 16 and 17.4 percent, respectively; these two categories have experienced significant increases for several recent quarters. The business to business category increase was attributable primarily to the electronic equipment and leasing segments; the construction increase was related to the building materials wholesale economic segment. As noted earlier, these increases may be partially attributable to user taxes from energy -related companies. The other top three economic categories had increases ranging from 6.5 percent to 7.7 percent. ECONOMIC CATEGORY ANALYSIS of Total / % Change RCTC California Statewide S.F. Bay Area Sacramento Valley Central Valley South Coast Inland Empire North Coast Central Coast General Retail 28.9 / 6.5 29 / 4.2 28.1 / 4.4 29.3 / 3.9 30.7 / 3.4 29.3 / 4 27.1 / 6.9 28.8 / 3.9 32.4 / 4.1 Food Products 16.2 / 7.1 19.2/5.9 19.9/7.1 16.6/3.2 16/3.4 19.9/5.7 16.5/8.1 18/3.8 31.7/6.2 Transportation 26.8 / 7.7 24.7 / 7.9 22.1 / 11.8 28.2 / 9.4 27.1 / 9.1 24.7 / 5.8 27.9 / 9 31.6 / 8.9 20.8 / 1.7 Construction 11.1 / 16.0 8.7/7.6 8.6/7.8 10.1/5.3 10.7/5.3 7.9/6.1 11.3/20.9 11.8/4 8.6/3.4 Business to Business 15.1 / 17.4 17.2/4.2 20.1/3.1 14.1/5 14.2/9 17.1/3.1 15.5/13.9 8.9/-1.9 5.4/0.6 Miscellaneous 1.9 / -0.1 1.2/1.7 1.2/11.5 1.6/9.3 1.2/7.3 1/-2.9 1.8/-6.6 0.9/-9.2 1.1/2.6 Total 100.0 / 9.3 100/5.7 100/6.6 100/5.7 100/5.9 100/4.7 100/9.9 100/4.7 100/4 General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Products, Florist/Nursery, and Misc. Retail Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment Construction: Building Materials Retail and Building Materials Wholesale Transportation: Auto Parts/Repair, Auto Sales - New, Auto Sales - Used, Service Stations, and Misc. Vehicle Sales Business to Business: Office Equip., Electronic Equip., Business Services, Energy Sales, Chemical Products, Heavy Industry, Light Industry, and Leasing Miscellaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments • For eight of the top ten segments (department stores, auto sales -new, restaurants, miscellaneous retail, building materials -wholesale, apparel stores, food markets, light industry), sales taxes reached a new high point during Q1 2013. These ten segments represent 60.1 percent of the total sales tax receipts. The other two top ten segments (service stations and building materials -retail) were slightly under the high point, which occurred in Q4 2012; these two segments represent 16.2 percent of the total sales tax receipts. Agenda Item 8C 351 " Service stations, department stores, and auto sales -new represent the three largest economic segments for Riverside County, or 33 percent of total sales taxes. This is the second consecutive quarter since Q3 2008 that auto sales -new has been in the top three economic segments, as the restaurants segment has held that position since the recession. It should also be noted that the growth seen in previous quarters for the service stations segment has been declining as shown by the 0.3 percent increase for the year ended Q1 2013 due to lower gas prices. ECONOMIC SEGMENT ANALYSIS RCTC California Statewide S.F. Bay Area Sacramento Valley Central Valley South Coast Inland Empire North Coast Central Coast Largest Segment Service Stations Restaurants Restaurants Department Stores Department Stores Restaurants Service Stations Service Stations Restaurants %ofTotal /%Change 11.7/0.3 13.3/5.5 13.9/6.5 12.1/3.4 14.4/4 14.1/5.3 10.4/0.9 13.8/0.6 20.8/5.5 2nd Largest Segment Department Stores Department Stores Department Stores Auto Sales- New Service Stations Service Stations Restaurants Department Stores Misc. Retail %ofTotal /%Change 11.2/5.4 10.5/3.9 9.3/4.3 11.1/21.5 12.1/0.7 10.3/-0.6 10.1/3.8 13.6/1.1 9.7/0.2 3rd Largest Segment Auto Sales- New Service Stations Auto Sales- New Service Stations Restaurants Department Stores Office Equipment Restaurants Service Stations %ofTotal /%Change 10.1/19.5 10.2/0.3 9.2/22.4 10.5/1.1 9.5/4.1 10.2/3.8 9.3/8.1 9.6/4.7 9.6/1.2 During the review of the Q1 2013 detailed report with MuniServices, information regarding sales tax comparisons by city and change by economic category from Q1 2012 to Q1 2013 was provided. Jurupa Valley, as a newly incorporated city, will be listed when sufficient comparative information is available. Staff continues to monitor monthly sales tax receipts and other available economic data to determine the need for any adjustment to the revenue projections. Staff will utilize the forecast scenarios included with the complete report and recent trends in assessing such projections. Attachments: 1) Sales Tax Analysis Q1 2013 2) Sales Tax Comparison by City for Q1 2012 to Q1 2013 Agenda Item 8C 352 Riverside County Transportation Commission Sales Tax Digest Summary Collections through June 2013 Sales through March 2013 (2013Q1) CALIFORNIA'S ECONOMIC OUTLOOK California sales tax receipts increased by 9.3% over the same quarter from the previous year, with Northern California reporting a 9.7% increase compared to 9.1% for Southern California. Receipts for the Riverside County Transportation Commission changed by 10.5% over the same periods. A statewide look at economic performance indicates steady gains. The number of new Light Vehicles sold continues to rise. Sales for January through May are up 7.3% over the same period last year. Gasoline prices are still predicted to rise through the summer, but to be lower on average by the end of 2013 than they were at the end of 2012. The residential real estate market shows real progress. The number of single family homes sold was 42,293 in May, the highest number sold in the month of May since May of 2006. The median price was $ 340,000, the highest for any month since April of 2008. The Construction Industry is gaining momentum. The number of building permits issued in May was 20.8% higher than the annual rate for last year. Housing Starts were 6.8% above the annual rate for April and 28.6% higher than the annual rate for May of last year. Housing Completions were 12.6% higher than the annual rate for May of 2012. The Unemployment Rate for May was 8.6%, down 2.1% from the previous year. LOCAL RESULTS Net Citih Receipts Analysis Local Collections Share of County Pool 0.0% Share of State Pool 0.0% SBE Net Collections Less: Amount Due County 0.0% Less: Cost of Administration Net 1Q2013 Receipts Net 1Q2012 Receipts Actual Percentage Change $36,913,983 0 0 36,913,983 .00 (338,200) 36,575,783 33,087,093 10.5% liminess Activity Performance Analysis Local Collections Less: Payments for Prior Periods Preliminary 1Q2013 Collections Projected 1Q2013 Late Payments Projected 1Q2013 Final Results Actual 1Q2012 Results Projected Percentage Change $36,913,983 (2,027,346) 34,886,637 1,655,850 36,542,487 33,880,025 7.9% www.MuniServices.com (814 800-8181 Pagel Riverside County Transportation Commission HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER Net Receipts $40,000 S35,000 S 30,000 $25,000 $20,000 $ 15,000 $ 10,000 $5,000 $0 (in thousands of $) 4Q2010 1Q2011 2Q2011 3Q2011 4Q2011 1Q2012 2Q2012 3Q2012 4Q2012 1Q2013 _Net Receipts tSBOE Admit' Fees Doe $400 $350 $300 $150 $100 $ 50 SO TOP 25 SALES/USE TAX CONTRIBUTORS The following list identifies RCTC's Top 25 Sales/Use and represents sales from April 2012 to March 2013 23.9% of RCTC's total sales and use tax revenue. BEST BUY STORES CARMAX THE AUTO SUPERSTORE CHEVRON SERVICE STATIONS CIRCLE K FOOD STORES COSTCO WHOLESALE DEPT OF MOTOR VEHICLES DESERT SUNLIGHT EDISON MATERIAL SUPPLY GE PACKAGED POWER GENESIS SOLAR HOME DEPOT K MART STORES KOHL'S DEPARTMENT STORES Tax contributors. The list is in alphabetical order . The Top 25 Sales/Use Tax contributors generate LOWE'S HOME IMPROVEMENT MACY'S DEPARTMENT STORE RALPH'S GROCERY COMPANY RITE AID DRUG STORES ROSS STORES SAM'S CLUB SHELL SERVICE STATIONS STATER BROS MARKETS TARGET STORES VONS SERVICE STATIONS WAL MART STORES WALGREEN'S DRUG STORES www.MuniServices.com (8N4 800-8181 Page 2 Riverside County Transportation Commission HISTORICAL SALES TAX AMOUNTS The following chart shows the sales tax level from sales through March 2013, the highs, and the lows for each segment over the last two years. $18,000 $16,000 $14,000 $12,000 $10,000 $8,000 $ 6,00 0 $ 4,00 0 $ 2,00 0 $0 (in thousands of$) ■1Q2013 ♦High ■ Low e et 4aA.a °t y1 �* 1°et # t��a"� �otg���aq� 0�s •c �+�toa,� .pti>a 4sa� �m1 AN 4 dt 4 le Oa 4> 4r o ANNUAL SALES TAX BY BUSINESS CATEGORY 1 Q 2 0 1 3 4Q2012 3Q2012 2Q2012 1Q2012 4Q2011 3Q2011 2Q2011 1Q2011 4Q2010 SO $2 0,0 00 S40,000 (in thousands ofS) 23,268 38,522 'S. 1'.. 21,444 $60,000 $80,000 12,389 16,776 S 1 00,00 0 $120,000 $140,000 $160,000 NIG en eral Retail III1Food Products ®Transportation pCoustruction 11111Business To Business !M iscellaneous www.Mundervices.com (8Sg 800-8181 Page 3 . Riverside County Transportation Commission FIVE-YEAR ECONOMIC TREND: Construction FINAL RESULTS: October -December 2012 Sales Local Net Cash Collections Less: Pool Amounts Less: Prior Quarter Payments Add: Late Payments Local Net Economic Collections after Adjustments Percent Change from October -December 2011 Sales MUNISERVICES' ON -GOING AUDIT RESULTS This Quarter $296,146 Total to Date $2,979,127 $37,688,464 ($-338,210) ($813,854) $1,778,944 $38,991,764 UP BY 8.8% www.MuniServices.com aisg 800-8181 Page 4 ATTACHMENT 2 Jurisdiction INLAND EMPIRE General Retail Food Products Trans. Const. Business to Business Misc. Jan - Mar 2013 Total Jan - Mar 2012 Total % Chg Largest Gain 2Nd Largest Gain mir Largest Decline 2Nd Largest Decline TRANSPORTATION AUTHORITY RCTC 8.4% 4.4% 4.2% 17.9% 12.6% 1.6% 36,542,059 33,879,740 i7.9%Auto Sales - New Electronic Equipment BIdg.Matls-Retail Furniture/Appliance RIVERSIDE COUNTY Banning 17.1% 1.4% 0.4% 49.7% 37.4% -42.1% 429,794 406,552 5.7% BIdg.Matls-Whsle Furniture/Appliance Service Stations Miscellaneous Other Beaumont 5.2% 4.6% 6.9% 0.8% -3.8% 17.5% 818,580 786,959 4.0% Misc. Vehicle Sales Department Stores Service Stations Light Industry Blythe 7.3% 7.4% 11.7% -7.8% 40.5% -62.2% 450,036 409,320 9.9% Light Industry Service Stations BIdg.Matls-Whsle Health & Government Calimesa 5.4% 1.7% -2.0% -17.2% 22.0% -25.5% 147,143 146,431 0.5% Chemical Products Miscellaneous Retail Auto Parts/Repair Service Stations Canyon Lake -12.7% 10.4% -6.1% -34.0% 10.1% 33.3% 37,659 37,460 0.5% Restaurants Liquor Stores Department Stores Food Markets Cathedral City 5.5% 6.4% 9.0% 35.5% 35.0% -20.4% 1,843,821 1,673,804 10.2% Auto Sales - New Heavy Industry Service Stations Light Industry Coachella 4.3% 4.4% -0.8% 10.1% -0.4% -6.5% 802,789 790,284 1.6% BIdg.Matls-Retail Restaurants Auto Sales - Used Energy Sales Corona 5.9% 2.5% 0.3% 17.7% -12.0% -7.4% 6,946,059 6,714,306 3.5% BIdg.Matls-Whsle Department Stores Heavy Industry Electronic Equipment Desert Hot Springs 13.6% 12.3% 6.1% 3.0% 1110.6% -1.7% 432,036 330,620 30.7% Heavy Industry Restaurants Liquor Stores Auto Parts/Repair Eastvale 5.5% 2.7% 7.2% 9.9% 69.5% 13.0% 1,180,146 1,009,406 16.9% Electronic Equipment BIdg.Matls-Whsle Miscellaneous Retail Food Processing Eqp Hemet 4.5% 1.8% 2.6% -10.4% 5.7% -10.2% 2,179,708 2,137,137 2.0% Auto Parts/Repair Department Stores Service Stations BIdg.Matls-Retail Indian Wells 1.9% 3.2% -7.4% 40.2% 32.0% -81.6% 347,565 336,618 3.3% Restaurants Recreation Products Miscellaneous Retail Business Services Indio 11.2% 4.8% 17.1% 20.6% 2.8% 7.5% 2,033,893 1,814,047 12.1%Auto Sales - New BIdg.Matls-Retail Light Industry Business Services La Quinta 6.9% 3.1% 4.6% -16.2% -1.8% -19.0% 2,082,216 2,023,182 2.9% Department Stores Restaurants BIdg.Matls-Retail Service Stations Lake Elsinore 4.6% 8.4% 2.7% 0.0% -24.3% 13.9% 1,618,697 1,576,899 2.7% Department Stores Restaurants Heavy Industry Service Stations Menifee 8.5% 6.9% -4.1% -6.6% 24.6% 9.7% 1,121,359 1,073,574 4.5% Department Stores Restaurants Service Stations BIdg.Matls-Retail Moreno Valley 6.4% 1.6% 8.1% -5.3% -3.4% 40.6% 3,174,886 3,042,217 4.4% Auto Sales - New Apparel Stores Service Stations BIdg.Matls-Retail Murrieta 5.4% 4.6% 14.7% -9.4% 6.1% 24.3% 2,620,450 2,467,858 6.2% Service Stations Auto Sales - New BIdg.Matls-Retail Florist/Nursery Norco 2.4% 0.9% 8.1% 16.4% 13.1% -0.9% 1,069,450 1,006,037 6.3% Auto Sales - New Auto Parts/Repair Miscellaneous Retail Service Stations Palm Desert 3.6% 9.2% 3.9% 8.7% -15.6% -1.2% 4,385,851 4,202,522 4.4% Restaurants Department Stores Light Industry Furniture/Appliance Palm Springs 5.2% 5.5% 2.1% -12.2% 0.7% -39.1% 2,769,636 2,732,186 1.4% Restaurants Apparel Stores BIdg.Matls-Retail Health & Government Perris -1.9% 4.1% 6.0% 4.5% 53.1% 36.2% 1,643,621 1,459,696 12.6% Electronic Equipment Miscellaneous Other Light Industry Office Equipment Rancho Mirage -2.8% 1.3% -24.0% -8.3% 13.6% -11.8% 1,082,428 1,141,425 -5.2% Apparel Stores Restaurants Misc. Vehicle Sales Auto Sales - New Riverside 5.9% 2.9% 6.2% 14.0% 15.2% 6.5% 10,642,721 9,909,515 7.4% Auto Sales - New Leasing Service Stations Office Equipment Riverside County 19.6% 3.1% 0.8% 249.3% 102.3% -16.3% 6,816,789 4,763,482 43.1% BIdg.Matls-Whsle Electronic Equipment Light Industry Food Markets San Jacinto 2.3% 3.3% 2.7% 4.3% -41.9% 3.4% 505,143 500,727 0.9% Service Stations BIdg.Matls-Whsle Light Industry BIdg.Matls-Retail Temecula 4.5% 3.6% 6.5% -13.0% -13.8% 8.9% 6,075,146 5,962,484 1.9% Auto Sales - New Department Stores Light Industry BIdg.Matls-Retail Wildomar 41.3% -0.3% -16.5% -13.9% -2.0% -7.0% 282,824 299,559 -5.6% Miscellaneous Retail Florist/Nursery Service Stations Food Markets 357 AGENDA ITEM 8D RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Anne Hallberg, Accounting Supervisor Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Investment Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended June 30, 2013. BACKGROUND INFORMATION: Attached are the quarterly investment and cash flow reports as required by state law and Commission policy. The county of Riverside's Investment Report for the month ended June 30, 2013, is also attached for review. Attachments: 1) Quarterly Investment Report for the Quarter Ended June 30, 2013 2) County of Riverside Investment Report for the Month Ended June 30, 2013 Agenda Item 8D 358 Statement of Compliance Nature of Investments Bond Projects 1.85% �l 1 Operating Funds 80.80% Debt Reserve 1.00% Trust Funds 16.35% LAIF Portfolio Investment Type 0.64% Mutual Funds 2.85% All of the above investments and any investment decisions made for the quarter ended June 30, 2013 were in full compliance with the Commission's investment policy as adopted on June 7, 2012. The Commission has adequate cash flows for six months of operations. Signed by: Chief Financial Officer 359 Riverside County Transportation Commission Investment Portfolio Report Period Ended: June 30, 2013 OPERATING FUNDS City National Bank Deposits County Treasurer's Pooled Investment Fund Local Agency Investment Fund (LAIF) Agency/Treasury Securities: Subtotal Operating Funds FUNDS HELD IN TRUST County Treasurer's Pooled Investment Fund: Local Transportation Fund Subtotal Funds Held In Trust COMMISSION BOND PROJECT FUNDS/DEBT RESERVE US Bank Money Market Investment Agreements County of Riverside Pool investment First American Government Obligation Fund Subtotal Bond Project Funds/Debt Reserve TOTAL All Cash and Investments RATING COUPON PAR PURCHASE MATURITY YIELD TO PURCHASE MARKET UNREALIZED GAIN FAIR VALUE MOODYS/FITCH S&P RATE VALUE DATE DATE MATURITY COST VALUE (LOSS) 4,617,110 A3/BBB+ N/A N/A 447,320,864 Aaa/MR1/AAAA/1 N/A 0.38% 3,618,320 Not Rated N/A N/A N/A N/A N/A N/A N/A N/A 455,556,294 92,158,446 Aaa-MR1/AAAN7 N/A 0.38% 92,158,446 Aaa/AAAm N/A Aaa/MR1/AAA/V1 N/A 0.38% 16,079,892 Aaa/AAAm N/A N/A 16,079,893 563,794,634 Investment Transactions for the Quarter Ended June 30, 2013 Purchases. None Maturities: Par Value at Maturity Maturity Date None Coupon Rate SUMMARIZED INVESTMENT TYPE Banks County Pool County Pool Investment LAIF Mutual Funds: CNI Charter US Bank Money Market 4,617,110 539,479,310 3,618,320 First American Government Obligation Fund 16.079,892 Sub - Total Mutual Funds 16,079,893 Federal Agency securities Certificates of Deposit U.S. Treasury securities Corporate Note/Commercial Paper Investment Agreements TOTAL $ 563,794,634 ATTACHMENT 2 County of Riverside � 0,1e3 Treasurer's Pooled Investment Fund "Taper Tantrum" In a negative response to comments by Fed Chairman Bernanke after the FOMC's June 18-19 meeting, volatility surged worldwide in the financial markets; in the two days that followed, the selloff was impressive with the DJIA shedding nearly 560 points in an overdue stock market correction, with longer -term U.S. interest rates surging. About $5.3 trillion was erased from global equities between May 21 and June 24 after he signaled they could start taper- ing asset purchases this year. June marked the worst two -month stretch for U.S. govern- ment bonds since 2008 with the 10 year Treasury note clos- ing out the month at 2.49%, the highest rate on the widely watched benchmark security since August 2011. That's nearly 100 basis points (bps) higher than the lows this year alone, which just happened to be in the prior month. And so herein lies the problem with rising interest rates, as it really is twofold. Not only was there a large increase, the rate or speed of the increase in such a short period of time is what really shook the markets. For homebuyers, the real signifi- cance is that for every 1-percentage point (100 bps) move upward in mortgage rates, that translates into nearly a 10% increase in the cost of buying a home. Clearly, this taper tantrum by investors that spilled over to the ticker tape led to eight of the Fed -heads being out in full force to clarify the central bank's policy stance and to calm the tattered nerves of bond market participants. The main message was that there is no predetermined timeline for tapering, or even tightening the Fed Funds and/or discount rate, and that the future path of monetary policy will large- ly depend on the economy's progress from this point for- ward. Sounds reasonable but only time will tell as to the road the Fed will take us down to slowly unwind the great- est balance sheet expansion in the history of central banks. Housing remains the strongest component of the recovery, and June brought further confirmation of the upward na- tional trend in both prices and sales levels. New home sales for May rose by 2.1% to an annual rate of 476,000. Rising prices continue to motivate the release of pent-up demand from buyers and sellers, with the Case-Shiller indices show- ing double-digit price gains; the 20-city index climbed by 12.1% YoY through April, its largest annual percentage gain since March 2006. On another note, but related to rising interest rates and the Treasurer's Pooled Investment Fund is a mention to our readers about the difference between realized vs. un-realized gain or loss. On the bottom of this report, you will see two columns labeled "Paper Gain or Loss," expressed in dollars, and, as a percentage of the total. When interest rates de- cline, there is a gain in the underlying value of the securi- ties; the reverse is also true with rising rates and a loss in underlying value. June marks the second straight month you will have seen a negative number in a long while and expect that to continue in a rising rate environment. The difference between having to realize a loss vs. not hav- ing to, is a function of understanding the cash flows of the County Treasury and having ample liquidity on hand to meet the needs of our depositors. Our Capital Markets team utilizes a twelve-month historical cash flow model and makes adjustments along the way to revenues and disbursements if they come in higher or lower than expected. Our major cash outflows are prefunded months in advance to negate the need to ever sell a security before maturity. We will continue to adhere to our investment objectives of safety, liquidity and return, and will be on the lookout for more ticker tape taper tantrums! Don Kent Treasurer -Tax Collector Capital Markets Team Don Kent Treasurer -Tax Collector Jon Christensen Asst. Treasurer -Tax Collector Giovane Pizano Investment Manager Erika Clark Asst. Investment Manager Investment Objectives The primary objective of the treasurer shall be to safeguard the principal of the funds under the treasurer's control, meet the liquidi- ty needs of the depositor, and achieve a return on the funds under his or her control. RIVERSIDE COUNTY TREASURER'S POOLED INVESTMENT FUND IS CURRENTLY RATED: Aaa-bf BY MOODY'S INVESTOR'S SERVICE AND AAA/V1 BY FITCH RATINGS Month End Month End Book Paper Gain or Paper Gain Book Yrs to Modified Market Value ($)* Value ($) Loss ($) or Loss (%) Yield (%) Maturity Duration June 4,955,274,812.46 4,969,751,125.22 (14,476,312.76) (0.29) 0.39 1.41 1.39 May 4,972,954,339.95 4,974,590,624.04 (1,636,284.09) (0.03) 0.38 1.31 1.29 April 5,582,276,144.63 5,577,075,042.55 5,201,102.08 0.09 0.37 1.20 1.18 March 5,129,896,695.89 5,125,734,196.18 4,162,499.71 0.08 0.37 1.21 1.20 February 4,898,119,579.11 4,893,898,502.93 4,221,076.18 0.09 0.38 1.20 1.18 January 5,090,799,909.66 5,086,685,931.93 4,113,977.73 0.08 0.37 1.24 1.23 The Treasurer's Pooled Investment Fund is comprised of the County, Schools, Special Districts3(altld other Discretionary Depositors. Current Market Data Economic Indicators Release Date Indicator Consensus Actual 6/7/2013 Non -Farm Payrolls M/M change: Counts the number of paid employees working part- time or full-time in the nation's business and government establishments. 167,000 175,000 6/7/2013 Employment Situation: Measures the number of unemployed as a percentage of the labor force. 7.5 % 7.6% 6/25/2013 Durable Goods Orders - M/M change: Reflects the new orders placed with domestic 3.3 % 3.6% manufacturers for immediate and future delivery of factory hard goods. 6/26/2013 Real Gross Domestic Product - Q/Q change: The broadest measure of aggregate economic activity and encompasses every sector of the economy. GDP is the country's most comprehensive economic scorecard. 2.4% 1.8% 6/25/2013 Consumer Confidence: Measures consumer attitudes on present economic conditions 75.0 81A and expectations of future conditions. 6/5/2013 Factory Orders M/M change: Represents the dollar level of new orders for both 1.4% 1.0% durable and nondurable goods. 6/18/2013 Stock Indices Consumer Price Index - M/M change: The Consumer Price Index is a measure of the 0.2 % 0.1% average price level of a fixed basket of goods and services purchased by consumers. Value Change Dow Jones (DJIA) S&P 500 Index NASDAQ (NDX) Commodities 14,909.60 1,606.28 3,403.25 (205.97) (24.46) (52.66) Value Change Nymex Crude Gold (USD/OZ) US Treasury Curve (M/M) 96.56 $ 4.59 1,234.57 $ (153.35) Fed Funds Target Rate Funds Rate: 0-0.25 % Fed Move Probability for FOMC Dates: 7/31/2013 9/18/2013 Decrease to 0.00% 58.0 % 53.4 % Increase to 0.25 % 42.0 % 43.3 % Increase to 0.50% 0.0% 3.3 % Increase to 0.75 % 0.0 % 0.0 % Increase to 1 % 0.0 % 0.0 % 3.50. 3.00 - y^r 2.50 6 t 2.0n. + rx us Tro.puury .11r ve Curve 051;0e/13 • 25 U5 Treasury Cum. 05131/13 0.50+... 1N 3H 6N 17 2Y I25 06/28/13 I25 05/31/13 iI25 C06128113-05131113 AY 3M r- 1Y U.U33 0.145 "28 U.124 4 1.5 15Y Tencr ci U .245 6.2 3Y 0.648 U.486 16.2 1.U14 1.528 37.7 41.5 2.124 35.8 3.284 22.0 RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 362 2 TIMMI The Treasurer's Institutional Money Market Index (TIMMI) is compiled and reported by the Riverside County Treasurer's Capital Markets division. It is a composite index derived from five AAA rated prime institutional money market funds. Similar to the Treas- urer's Office, prime money market funds invest in a diversified portfolio of U.S. dollar denominated money market instruments in- cluding U.S. Treasuries, government agencies, commercial paper, certificates of deposits, repurchase agreements, etc. TIMMI is cur- rently comprised of the five multi billion dollar funds listed below. AAA Rated Prime Institutional Money -Market Funds Symbol Amr Fidelity Prime Institutional MMF Federated Prime Obligations Fund Wells Fargo Advantage Heritage FIPXX POIXX 0.07% 0.05 % WFJXX 0.07% Morgan Stanley Institutional Prime Liquidity Fund 1.00% - 0.80% - 0.60% - 0.40% - 0.20% ^ 0.00% 0.45% 0.42% 0.42% 0.42% 0.43% 0.17% 0.16% 0.16% 0.17% 0.16% MPFXX 0.07% Pool Yield tTIMMI 0.32% 0.37% 0.38% 0.38% 0.37% 0.38% 0.39% 0. 0.11% 0.12% 0.11% 0.10% 0.08% 0.07% Jun-12 Cash Flows Aug-12 Oct-12 Dec-12 Feb-13 Apr-13 Jun-13 Required Monthly Monthly Matured Month Receipts Disbursements Difference Investments Actual Available Investments to Invest > Balance Maturing 1 Year 07/2013 07/2013 868.06 913.40 08/2013 668.62 717.29 (45.34) (48.67) 09/2013 675.66 752.21 10/2013 665.00 801.26 (76.55) 37.13 (136.26) 136.26 133.43 88.09 764.09 39.42 227.50 269.00 285.00 11/2013 862.54 710.00 152.54 152.54 104.60 12/ 2013 1,539.11 813.41 725.70 878.24 95.10 01/2014 676.58 1,293.98 (617.40) 260.84 365.00 02/2014 560.00 820.00 (260.00) 0.84 250.00 03/2014 839.70 820.45 19.25 20.09 65.00 04/2014 1,320.00 738.06 581.94 602.03 82.11 05/2014 06/2014 550.00 542.82 1,190.04 1,124.81 (640.04) 38.01 (581.99) 581.99 372.35 292.00 TOTALS 9,768.09 10,694.91 (926.82) 793.39 2,175.52 15.96 % 3,171.75 63.82 % 4,176.36 84.04 % * All values reported in millions ($). The Pooled Investment Fund cash flow requirements are based upon a 12 month historical cash flow model. Based upon projected cash receipts and maturing investments, there are sufficient funds to meet future cash flow disbursements over the next 12 months. RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 363 3 Asset Allocation Assets (000's) Scheduled Par Scheduled Book Scheduled Market M kt/ Sch Book Yield WAL (Yr) Mat (Yr) MMKT CALTRUST FND DDA/PASSBK LOCAL AGCY OBLIG US TREAS BONDS FHLMC DISC NOTES FHLMC BONDS FNMA DISC NOTES FNMA BONDS FHLB DISC NOTES FHLB BONDS FFCB DISC NOTES FFCB BONDS FM AC DISC NOTES FARMER MAC M UNI BONDS COMM PAPER NCDS 315,000.00 54,000.00 130,000.00 485.00 615,000.00 75,000.00 513,725.00 10,000.00 1,111,027.00 91,000.00 1,045,970.71 35,000.00 386,345.00 25,000.00 157,568.00 39,770.00 240,000.00 125,000.00 315,000.00 54,000.00 130,000.00 485.00 615,148.44 74,887.86 513,656.99 9,998.08 1,111,351.48 90,936.00 1,045,926.10 34,962.42 386,214.89 24,959.75 157,546.99 39,770.00 239,907.13 125,000.00 315,000.00 54,000.00 130,000.00 485.00 615,330.40 74,923.75 513,647.02 9,999.30 1,100,332.58 90,954.54 1,042,243.79 34,995.50 386,339.85 24,969.00 157,314.18 39,770.00 239,969.90 125,000.00 100.00% 100.00% 100.00% 130.00% 100.03% /D0.05% 130.00% 100.01% 99.010/ 100.02% 99.65% 130.09% 130.03% 130.04% 99.85% 100.00% 100.03% 100.00% 0.07% 0.34°% 0.08°% 0.88% 0.21% 0.17°% 0.54% 0.10% 0.70°% 0.12°% 0.41% 0.15% 0.32°% 0.18% 0.29% 0.46°% 0.13°% 0.15% .003 .003 .003 .003 .003 .003 6.964 6.964 .624 .624 .773 .773 1.105 1.516 .181 .181 .648 3.181 .451 .451 .628 1.441 .276 .276 1.009 1.035 .874 .874 .933 1.315 1.419 1.419 .075 .075 .170 .170 Totals (000's): 4,969,890.71 4,969,751.13 4,955,274.81 99.71% 0.39% .623 1.417 1,500, 00100 ..� 1,000,000.00 O 500, 000.00 N 0 0 0.00 1 Y F CALTRUST FPO m y a C. Q 0 0 tf US TREAS BONDS FHLMC DISC NOTES FHLMC BONDS FNMA DISC NOTES FNMA BONDS FHLBDISC NOTES Scheduled Book Market FHLB BONDS FFCB DISC NOTES FFCB BONDS FMAC DISC NOTES SCHEDULED PAR (Vo ▪ MKT -6% - CALTRUST F100 - 1% on DOA/PASSIM - 3% q LOCAL AGCY OBL1G - 09b IDS TREAS BONDS - 12% p FHLMC DISC NOTES -2% o rHLMC00NDS-10% o FNMA DISC NOTES -0% n f N MA BOHOS - 22% ▪ FHLB DISC NOTES - 2% FHLBBONDS -219b F F CB DISC NOTES -1% ▪ FFCB BONDS - B% Q FMAC DISC NOTES - 1% ® FARMER MAC - 3% o Mtllil BOBS -1% ▪ COMM PAPER - 5% NCOS - 3% RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 364 4 Maturity Distribution Scheduled Par (000's) MMKT 315,000.00 0.00 0.00 0.00 0.00 0.00 315,000.00 CALTRUST FND 54,000.00 0.00 0.00 0.00 0.00 0.00 54,000.00 DDA/PASSBK 130,000.00 0.00 0.00 0.00 0.00 0.00 130,000.00 LOCAL AGCY OBLIG 0.00 0.00 0.00 0.00 0.00 485.00 485.00 US TREAS BONDS 0.00 0.00 520,000.00 95,000.00 0.00 0.00 615,000.00 FHLMC DISC NOTES 0.00 0.00 75,000.00 0.00 0.00 0.00 75,000.00 FHLMC BONDS 0.00 5,000.00 213,100.00 85,000.00 181,000.00 29,625.00 513,725.00 FNMA DISC NOTES 0.00 10,000.00 0.00 0.00 0.00 0.00 10,000.00 FNMA BONDS 0.00 55,000.00 75,000.00 66,850.00 231,250.00 682,927.00 1,111,027.00 FHLB DISC NOTES 0.00 64,000.00 27,000.00 0.00 0.00 0.00 91,000.00 FHLB BONDS 55,085.00 127,500.00 549,000.00 95,000.00 5,000.00 214,385.71 1,045,970.71 FFCB DISC NOTES 0.00 10,000.00 25,000.00 0.00 0.00 0.00 35,000.00 FFCB BONDS 0.00 20,000.00 236,345.00 95,000.00 35,000.00 0.00 386,345.00 FMAC DISC NOTES 0.00 0.00 25,000.00 0.00 0.00 0.00 25,000.00 FARMER MAC 0.00 0.00 95,000.00 30,000.00 22,568.00 10,000.00 157,568.00 MUNI BONDS 0.00 0.00 25,700.00 2,000.00 12,070.00 0.00 39,770.00 COMM PAPER 120,000.00 120,000.00 0.00 0.00 0.00 0.00 240,000.00 NCDS Totals (000's): Cumulative 25,000.00 100,000.00 0.00 0.00 0.00 0.00 125,000.00 699,085.0011111511,500 145.00 468,850.00 486,888.00 -91 422.71 4,969,890.71 14.07% 10.29% 37.55% 9.43% 9.80% 18.86% 14.07% 24.36% 61.91% 71.34% 81.14% 100.00% 2808AOom 1,000,000.0.; e.g.) I YEAR iN MATURITY MMMT - Scheduled Par ! . CAL TRUST FND -Scheduled Par 00A! PASSBM • Scheduled Par +� LOCAL AGCY DWG • Scheduled Par USTREASBONDS -Scheduled Par FHLMC DISC NOTES -Scheduled Par FNLFIC BONDS • Scheduled Par B= FNMA DISC NOTES - SchetiledPar i FNMA !FONDS - Scheduled Par FNL8 DISC NOTES -Scheduled Par tie FNLB OOPIDS - Scheduled Par FF CA DISC NOTES • Scheduled Par Bl• FFCBBONDS -Scheduled Par - FMAC DISC NOTES • Scheduled Par FARMER MAC• Scheduled Par MUP4 BONOS • Scheduled Par - COMM PAPER - Scheduled Pat NCOS- Scheduled Par RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 365 5 Credit Quality 111hey (000's) Aaa 4,268,767.71 4,268,783.76 4,254,542.03 99.67% 0.42% Aa 5,000.00 4,998.50 4,924.70 98.52 % 1.01 % Aa1 Aa2 Aa3 127,000.00 127,000.00 127,000.00 100.00% 0.16% 62,070.00 62,057.50 62,063.15 100.01% 0.19% 194,000.00 193,919.63 193,976.74 100.03 % 0.15 % NR 313,053.00 312,991.74 312,768.18 99.93 % 0.20 % 4,969,8 MOODY'S BOOK °b MrllY•M1Y MAs1.314 MA13-4% NAPO% IMM2.116 ENR•6% S&P BOOK wo AAA •14% p AA••5% �14t•73% -fi% AAA-1% AAA 687,500.00 688,040.56 688,623.57 100.08 % 0.46 % AA+ 3,653,267.71 3,652,698.32 3,637,835.64 99.59 % 0.41 % AA AA- 66,070.00 66,057.50 66,063.15 100.01 % 0.21 % 250,000.00 249,963.00 249,984.27 100.01 % 0.13 % NR 313,053.00 312,991.74 312,768.18 99.93% 0.20% 4,969,890.71 4,969,751.= 4,955,274.81 RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 366 6 uoiDaTIOD xvi-uaunsvaui aaisivaAiu L9£ y££' £££' 00'00Z 00'001/Z00'01 000VZO'00I 00'00Z'L00'0I 00'000'000'01. 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The County's Investment Policy is more restrictive than the California Government Code. This policy is reviewed annually by the County's Investment Oversight Committee and approved by the County Board of Supervisors. Investment Category MUNICIPAL BONDS (MUNI) U.S. TREASURIES LOCAL AGENCY OBLIGATIONS (LAO) FEDERAL AGENCIES COMMERCIAL PAPER (CP) CERTIFICATE & TIME DEPOSITS (NCD & TCD) REPURCHASE AGREEMENTS (REPO) REVERSE REPOS MEDIUM TERM NOTES (MTNO) CALTRUST SHORT TERM FUND MONEY MARKET MUTUAL FUNDS (MMF) LOCAL AGENCY INVESTMENT FUND (LAIF) CASH/DEPOSIT ACCOUNT GOVERNMENT CODE Maximum Authorized S&P/ 1VlaLUrlry 70 1,lllll1 1V1UUUy 11 5 YEARS NO LIMIT NA 5 YEARS NO LIMIT NA 5 YEARS NO LIMIT NA 5 YEARS NO LIMIT AAA 270 DAYS 40% A1/P1 5 YEARS 30% NA 1 YEARS NO LIMIT NA 92 DAYS 20% NA 5 YEARS 30% A NA NA NA 60 DAYS (1) 20% AAA/Aaa (2) NA NA NA NA NA NA COUNTY INVESTMENT POLICY Maximum ` Maturity A 3 YEARS 15% AA-/Aa3/AA- 5 YEARS 100 % NA 3 YEARS 2.5% INVESTMENT GRADE 5 YEARS 100 % NA 270 DAYS 40% A1/P1/F1 1 YEAR 25% Combined A1/P1/F1 45 DAYS 40% max, 25% in term repo over 7 days A1/P1/F1 60 DAYS 10% NA 3 YEARS 20% AA/ Aa2/AA DAILY LIQUIDITY 1.0% NA DAILY LIQUIDITY 20% AAA by 2 Of 3 RATINGS AGC. DAILY LIQUIDITY Max $50 million NA NA NA NA I Mutual Funds maturity may be interpreted as weighted average maturity not exceeding 60 days. 2 Or must have an investment advisor with not less than 5 years experience and with assets under management of $500,000,000. 1 1 ' ,• , 1#1 THIS COMPLETES THE REPORT REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE 53646 RIVERSIDE COUNTY TREASURER -TAX COLLECTOR 373 13 AGENDA ITEM 8E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Audit Ad Hoc Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2011/12 Transportation Development Act and Measure A Audit Results AUDIT AD HOC COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Transportation Development Act (TDA) and Measure A audit results report for the FY 2011/12. BACKGROUND INFORMATION: In May 2011, Thompson, Cobb, Bazilio & Associates, P.C. (TCBA) and Macias Gini O'Connell LLP (MGO) were selected to perform the financial and compliance audits and agreed -upon procedures (audits) of Riverside County's TDA claimants and Measure A recipients, respectively, except for the Riverside Transit Agency (RTA) and the city of Beaumont (Beaumont). The RTA and Beaumont audits were completed by their auditors. The FY 2011/12 audits represent the second year TCBA and MGO performed these audits for the Commission. The firms and the other agencies' auditors have completed the audits of and issued the audit reports for all of the local governments, non-profit agencies, and transit agencies that received TDA and Measure A funds. The following is a summary of the 63 audits performed: Funding Type Type of Procedure TCBA (Western County) MGO (Eastern Other County & Auditors Riv. Co.) Total TDA Article 3 (bicycle and pedestrian projects) TDA Article 4 (transit) Financial and compliance audit 9 6 1 16 Financial and compliance audit 3 2 2 7 TDA Article 8 Financial and compliance audit 0 2 0 2 (local streets and roads) Measure A specialized transit Measure A local streets and roads Agreed -upon procedures 11 0 0 11 Agreed -upon procedures 17 10 0 27 Agenda Item 8E 375 Following are highlights of the results of these audits: TDA Article 3 (Bicycle and Pedestrian Projects) • Eight jurisdictions have deferred revenues and/or fund balances aggregating $274,654 that have not been earned or expended, respectively. Since funding is based on approved projects, remaining funds should be expended by June 30, 2013, or for completed projects, returned to the Commission. During FY 2012/13, approximately $107,000 of this amount was returned to the Commission. • Two jurisdictions have a liability to the Commission for the return of $30,339 in excess funds following the completion of a project; a city returned $29,794 of these excess funds in FY 2012/13. TDA Article 4 (Transit) • All transit operators met the fare ratio requirement. • SunLine Transit Agency had one material weakness in internal control over financial reporting based on the audit of the financial statements. The material weakness was related to the schedule of expenditures of federal awards completeness and revenue recognition. The FY 2010/11 schedule of expenditures of federal awards was understated $185,854; these expenditures were included in the FY 2011/12 schedule. In the financial statements, operating and capital contribution revenues were understated by the net amount of $548,393. TDA Article 8 (Local Streets and Roads) • The city of Blythe (Blythe) has a fund deficit of $680,985; the county of Riverside has a fund balance of $2,436, which reflects a significant reduction from the prior year's fund balance of $176,654. Article 8 funds have not been approved since 2007, as Palo Verde Valley TDA funds are used primarily for transit needs. In the Commission's most recent state triennial performance audit, a recommendation was made for the Commission to work with these agencies to resolve the use of the Local Transportation Fund (LTF) funds in order to eliminate the need for the annual audits of these funds. Staff discussed this with the county of Riverside and expects these remaining funds to be expended as of June 30, 2013. The Blythe fund deficit is related to expenditures incurred less amounts transferred from its general fund to offset a portion of the expenditures. Although the activity in this fund is no longer related to LTF, the state advised the fund must continue to be audited until it is closed. To close the fund, Blythe will need to transfer other sources to the TDA Article 8 fund or transfer the fund deficit to another fund. In the meantime, the Commission will continue to incur audit costs related to Blythe's TDA Article 8 fund. Agenda Item 8E 376 Measure A Specialized Transit • Five agencies did not meet the required individual cash or in -kind match requirement; however, two of these agencies did receive cash and/or in -kind contributions, which in the aggregate exceeded the total match requirement. The other agencies did not meet the total match requirement by $1,142 (3.2 percent), $3,240 (7.6 percent), and $18,579 (15.2 percent). • Three agencies receiving Measure A and federal funds did not have certain written policies required by the federal funds; however, no instances of noncompliance were noted. • Three agencies had potential excess funds approximating $19,300 as of June 30, 2012, that the Commission may request be returned. This reflects an increase from the FY 2010/11 results. Measure A Local Streets and Roads • Three jurisdictions met their MOE requirements using the prior year carryover, as permitted under the MOE Guidelines. • Five cities have fund balances in excess of three years of revenues. The Commission policy suggests such amounts should not exceed three years. • Two cities recorded expenditures approximating $36,500 that were not included in the Five -Year Capital Improvement Plans (CIPs) submitted to and approved by the Commission. The cities may submit amendments to the CIPs, which may be administratively approved by the Executive Director. • One jurisdiction recorded overhead costs in excess of 8 percent of revenues. The Commission's policy states overhead should not exceed 8 percent of revenues. • One city did not allocate interest income to the Measure A fund, which is not in accordance with the Commission's policy. Staff is in the process of resolving the significant matters. Attached is the summary of transportation and transit fund operations and related audit results for the various types of TDA (Articles 3, 4, and 8) and Measure A (specialized transit and local streets and roads) funding. Each schedule provides information for each claimant and recipient regarding the revenues, expenditures/expenses, and change in fund balance/net assets for the year ended June 30, 2012, and other financial and compliance information. Attachments: 1) FY 2011/12 Transportation Development Act Article 3 Schedule 2) FY 2011/12 Transportation Development Act Article 4 Schedule 3) FY 2011/12 Transportation Development Act Article 8 Schedule 4) FY 2011/12 Measure A Specialized Transit Schedule 5) FY 2011/12 Measure A Local Streets and Roads Schedule Agenda Item 8E 377 Transportation Development Act Article 3 Schedule Year Ended June 30, 2012 Desert Cathedral Hot Lake Moreno Rancho San County of Banning Beaumont City Corona Coachella Springs Hemet Indio Elsinore Valley Mirage Riverside Jacinto Temecula Wildomar Riverside Revenues: Intergovernmental allocations: Article $ - $142,142 $(13,832) $121,258 $131,559 $ - $92,509 $ - $80,058 $154,049 $ - $449,761 $75,297 $132,000 $ 61,177 $416,550 Other - - - - - 566 - 470,972 - Interest income 240 251 211 166 - 1,437 - - 79 - - 1,074 Total revenues 240 142,393 (13,621) 121,424 131,559 - 92,509 81,495 154,615 - 920,733 75,376 132,000 61,177 417,624 Total expenditures 142,393 6,532 121,258 - - 92,509 16,240 80,058 154,615 - 920,733 1,337 132,000 85,648 416,550 Excess (deficiency) of revenues over (under) expenditures 240 (20,153) 166 131,559 - (16,240) 1,437 74,039 - (24,471) 1,074 Transfers in (out) 20,265 - 576 - 21,154 - 75,852 - (74,242) - Excess (deficiency) of revenues and transfers in over (under) expenditures 240 112 166 132,135 - (16,240) 22,591 - 75,852 (203) - (24,471) 1,074 Prior period adjustment - - 42 Fund balances at beginning of year 13,015 7 - (132,135) - - (174) - - (75,852) 161 - 38,114 Fund balances at end of year $13,255 $ - $ 119 $ 166 $ - $ - $ - $(16,414) $22,591 $ - $ - $ - $ - $ - $ (24,471) $ 39,188 Deferred revenues at end of year $ - $ $ - $ - $ - $3,091 $ - $ 16,240 $89,417 $ - $ - $ - $ - $ - $ 24,471 $107,001 Due to RCTC $ - $ $ 29,794 $ - $ 545 $ - $ - $ - $ - $ - $ - $ $ $ - $ - $ Source: 2012 Financial Statements Section 99234 9/4/2013 378 Total operating revenues Operating expenses: Depreciation and amortization Other operating expenses Total operating expenses Operating loss Nonoperating revenues (expenses): Grants: Local Transportation Funds State Transit Assistance Federal Measure A specialized transit Proposition 1 B Other Interest income Interest expense Transfers in (out) Gain (loss) on sale of property Other Total nonoperating revenue (expense) Net increase (decrease) Prior period adjustment Net assets at beginning of year Net assets at end of year Deferred revenue at end of year: Operating Capital Total deferred revenue at end of year Required fare ratio Actual fare ratio Transportation Development Act Article 4 Schedule Year Ended June 30, 2012 Banning Beaumont Corona Riverside PVVTA SunLine RTA $ 132,349 $ 188,568 $ 624,231 $ 370,773 $ 99,495 $ 4,061,520 $ 10,239,289 234,710 1,156,840 1,391,550 (1,259,201) 207,901 1,448,568 1,656,469 (1,467,901) 222,104 1,926,753 2,148,857 (1,524,626) 1,030,131 1,260,000 1,526,235 199,416 42,010 11,166 292 4,603 26,189 26,725 23 615,409 3,036,822 3,652,231 (3,281,458) 2,494,058 483,559 910,491 171,104 15,801 (16,398) 3,196 77,519 4,492,286 845,748 21,949,703 923,267 26,441,989 (823,772) (22,380,469) 691,707 10,657,026 167,336 647,778 39,701 5,144,344 4,256,881 154,203 496,583 1,436,376 119 2,787 7,666,011 49,347,930 57,013,941 (46,774,652) 23,173,292 687,763 16,183,396 2,450,685 2,664,365 1,056,692 73,327 (170,815) 15,993 509,613 1,234,465 1,286,189 1,606,136 4,061,811 1,053,066 22,641,775 (24,736) (181,712) 81,510 780,353 229,294 261,306 46,644,311 (130,341) 949,080 868,306 1,662,495 1,941,107 582,671 43,154,227 29,956,336 $ 924,344 $ 686,594 $ 1,744,005 $ 2,721,460 $ 811,965 $ 43,415,533 $ 29,825,995 $ 119,850 $ - $ 45,495 $ 68,959 $ 116,638 $ 369,968 $ 3,556,561 90,238 241,117 234,834 1,979,654 953,671 13,240,105 22,594,878 $ 210,088 $ 241,117 $ 280,329 $ 2,048,613 $ 1,070,309 $ 13,610,073 $ 26,151,439 10.00% 10.00% 20.00% 10.00% 10.00% 17.88% 17.04% 11.44% 13.17% 20.21% 12.21% 23.16% 18.52% 27.02% Fare ratio compliance status Met Met Met Source: 2012 Financial Statements Note 1 The audits for RTA and Beaumont were completed by other auditors hired by each entity. Met Met Met Met Section 99260 9/4/2013 379 Transportation Development Act Article 8 Schedule Year ended June 30, 2012 Revenues: Intergovernmental allocations: Article 8 Other revenues Interest income Total revenues Total expenditures Excess (deficiency) of revenues over Transfers in (out) Excess (deficiency) of revenues over Prior period adjustments Fund balances at beginning of year Fund balances at end of year Source: 2012 Financial Statements County of Blythe Riverside $ - $ - 782 782 341,905 175,000 (under) expenditures (341,905) (174,218) 379,987 (under) expenditures 38,082 (174,218) (719,067) 176,654 $(680,985) $ 2,436 Note: Article 8 allocations for Western County and Coachella Valley ended in 1993 and 1987, respectively, as available LTF funds are now used to meet transit needs. Article 8 allocations for Palo Verde Valley are subject to an annual unmet needs hearing. City and County have been advised to clear deficit and spend fund balance, respectively, in FY 2011 in order to need for annual audit.) Section 99400 (a) 9/4/2013 380 Measure A Specialized Transit Schedule Year Ended June 30, 2012 Boys & Riverside Girls Club County of Friends of Inland Independent Regional Blindness Southwest Care Moreno AIDS City of Living Medical Community Support* County Care -A -Van Connexxus CASA Valley Project` Norco* Partnership* Center Connect Operating revenues: Measure $ 73,432 $ 222,085 $ 335,793 $ 224,482 $ 57,160 $ 61,786 $ 76,177 $ 67,595 $ 546,111 $ - $ 161,654 In -kind match 14,899 46,183 15,318 245,588 5,012 - 34,919 800,505 - 102,501 Cash match: federal JARC/NF - - - - - - - 194,908 - Cash match: other revenue 31,947 151,733 130,178 88,667 28,500 39,243 - 19,159 281,058 10,000 Total operating revenues 105,379 388,717 512,154 328,467 302,748 95,298 115,420 102,514 1,365,775 475,966 274,155 Operating expenses -in kind 14,899 46,183 15,318 245,588 5,012 - 34,919 800,505 - 102,501 Operating expenses -salaries & benefits 70,911 239,835 310,959 141,111 - 55,108 52,080 187,915 355,915 44,482 Operating expenses-nonpersonnel 34,468 133,983 149,536 147,707 53,000 87,450 - 9,915 339,921 120,051 112,256 Operating expenses -administrative overhead - - 24,331 4,160 - 60,312 5,600 21,493 - 15,288 Total operating expenses/capital expenditures 105,379 388,717 506,678 328,467 302,748 92,462 115,420 102,514 1,349,834 475,966 274,527 Change in net assets - 5,476 - 2,836 - - 15,941 - (372) Prior period adjustment - - (2) Net assets at beginning of year - 2,290 - - 2,388 - - (9,616) - - Net assets at end of year $ - $ $ 7,766 $ - $ - $ 5,224 $ - $ - $ 6,323 $ $ (372) Match requirement -cash $ 24,477 $ 104,408 $ 125,765 $ 103,208 $ - $ 27,250 $ 42,483 $ - $ 32,665 $ 197,452 $ 10,000 Match requirement -in kind $ - $ 10,000 $ 48,000 $ 19,356 $ 57,240 $ 5,000 $ - $ 36,061 $ 739,443 $ - $ 45,000 Actual match -cash $ 31,947 $ 151,733 $ 130,178 $ 88,667 $ - $ 28,500 $ 39,243 $ - $ 19,159 $ 281,058 $ 10,000 Actual match -in kind $ - $ 14,899 $ 46,183 $ 15,318 $ 245,588 $ 5,012 $ - $ 34,919 $ 800,505 $ - $ 102,501 In -kind match Cash match Met Met not met; Not met Met Met Not met Not met not met; overall Met Met Match requirement compliance status overall met met Source: 2012 Financial Statements Measure A Specialized Transit 9/4/2013 381 Measure A Local Streets and Roads Schedule Year ended June 30, 2012 Western County Canyon Banning Calimesa Lake Corona Eastvale Hemet Jurupa Valley Lake Elsinore Menifee Moreno Valley Murrieta Norco Perris Riverside San Jacinto Temecula Wildomar Revenues: Intergovernmental allocations: Measure A $ 434,582 $111,692 $ 142,503 $ 2,999,737 $ 675,735 $1,322,966 $ 1,413,195 $ 913,840 $1,143,671 $ 2,621,026 $1,694,827 $ 422,671 $1,087,209 $ 8,401,596 $ 629,586 $2,244,165 $436,347 Reimbursements - 6,748,001 - - - Other revenues 99,606 - - 800 - 100 - 2,064 - 18,095 - - - 165 - Interest income 1,779 856 1,111 190,723 1,092 40,496 736 11,553 14,852 191,368 99,664 5,996 28,367 207,724 13,377 62,056 Other financing sources -transfers in 527,565 - - 1,712,096 - - - 21,154 294,382 - Total revenues 1,063,532 112,548 143,614 4,903,356 676,827 1,363,562 1,413,931 948,611 1,158,523 9,578,490 1,794,491 428,667 1,115,576 8,609,485 937,345 2,306,221 436,347 Expenditures and other financing uses: Construction and maintenance 1,264,096 238,334 221,356 1,354,283 - 242 319,462 735,132 12,265,379 2,376,796 240,879 - - - 635,861 213,229 Other 1,229 80,751 - - 4,742 - Administrative overhead/overhead allocations/indirect costs 10,000 30,385 - - - 159,406 - 35,579 Capital outlay 63,508 409,162 768,943 5,233,743 Debt service: Principal Interest - - - - - Transfers out - - - - - - - 21,154 71,360 - 711,469 - - - 342,363 4,724,369 34,908 Total expenditures and other financing uses 1,264,096 248,334 221,356 1,384,668 63,508 242 1,229 830,529 806,492 12,424,785 3,093,007 240,879 768,943 5,233,743 377,942 5,360,230 248,137 Excess (deficiency) of revenues over (under) expenditures and other financing uses (200,564) (135,786) (77,742) 3,518,688 613,319 1,363,320 1,412,702 118,082 352,031 (2,846,295) (1,298,516) 187,788 346,633 3,375,742 559,403 (3,054,009) 188,210 Prior period adjustment/rounding 12,547 2 300 - 499,048 1,045,865 (36,450) (28,874) 97,448 - - (1) (1) 1 - - Fund balances at beginning of year 1,080,870 279,733 248,969 7,041,827 - 2,356,949 702,820 2,343,492 9,659,144 9,820,317 2,851,730 3,271,818 16,826,901 1,862,788 8,810,001 703,566 Fund balances at end of year $ 892,853 $143,949 $ 171,527 $10,560,515 $1,112,367 $4,766,134 $ 1,412,702 $ 784,452 $2,666,649 $ 6,910,297 $8,521,801 $3,039,518 $3,618,450 $20,202,642 $ 2,422,192 $5,755,992 $891,776 Fund balance by year received: 2012 $ 892,853 $112,548 $ 143,614 $ 4,903,356 $ 676,827 $1,363,562 $ 1,412,702 $ 784,452 $1,158,523 $ 6,910,297 $1,794,491 $ 428,667 $1,115,576 $ 8,609,485 $ 937,345 $2,306,221 $436,347 2011 - 31,401 27,913 3,154,476 435,540 2,318,639 - - 1,036,144 - 1,805,359 570,067 924,192 11,593,157 547,204 2,287,496 420,675 2010 2,502,683 - 1,083,933 471,982 - 1,476,255 447,152 966,784 459,220 1,162,275 34,754 2009 R Prior - - - - - - - - 3,445,696 1,593,632 611,898 - 478,423 - - Total fund balances by year received $ 892,853 $143,949 $ 171,527 $10,560,515 $1,112,367 $4,766,134 $ 1,412,702 $ 784,452 $2,666,649 $ 6,910,297 $8,521,801 $3,039,518 $3,618,450 $20,202,642 $ 2,422,192 $5,755,992 $891,776 Cash and investments $ 706,966 $292,331 $ 144,235 $10,723,026 $1,004,930 $4,545,020 $ 1,169,016 $ 732,714 $2,524,203 $ 4,139,876 $8,303,519 $2,983,633 $3,585,144 $16,334,763 $ 248,947 $5,449,680 $816,700 Amount of Excess MOE at end of year MOE compliance status Source: 2012 Financial Statements $ 67,963 $ 6,001 $ 52,126 $ 3,968,473 N/A $ 14,636 N/A $ 1,764,003 N/A $ 1,537,928 $1,196,054 $ 43,745 $ 457,461 $16,025,210 $ 383,504 $ 855,111 N/A Met Met Met with Met N/A Met N/A Met N/A Met Met Met with use Met Met Met Met N/A use of of carryover carryover Measure A Local Streets Roads 5 of 6 9/4/2013 382 Measure A Local Streets and Roads Schedule Year ended June 30, 2012 r I Coachella Valley Coachella Valty rtTrtTerMre r I Valley I I Cathedral Desert Hot I County of I City Coachella Springs Indian Wells Indio Palm Desert Palm Springs Rancho Mirage Blythe I Riverside I Revenues: Intergovernmental allocations: Measure A $ 1,151,336 $ 504,301 $ 366,171 $ 183,366 $ 1,357,210 $ 2,298,987 $ 1,680,916 $ 749,874 $ 731,196 $ 4,722,699 Reimbursements - - - - 47,200 760,244 2,735,408 - 1,002,205 Other revenues 14,425 - - - - - - - Interest income 674 4,620 747 12 2,767 87,034 73,947 76,190 10,718 84,071 Other financing sources -transfers in 113,354 31,000 - - - Total revenues 1,279,789 539,921 366,918 183,378 1,407,177 3,146,265 4,490,271 826,064 1,744,119 4,806,770 Expenditures and other financing uses: Construction and maintenance 941,716 49,500 27,857 - 138,388 2,082,693 3,678,436 2,487,360 5,621,285 Other 977 - Administrative overhead/overhead allocations/indirect costs - 47,379 1,281,922 Capital outlay Debt service: Principal 646,044 Interest - - - 204,564 Transfers out 92,107 7,099 - 158,513 150,000 - - - 1,482,796 - Total expenditures and other financing uses 1,033,823 57,576 27,857 158,513 1,138,996 2,082,693 3,678,436 2,487,360 1,530,175 6,903,207 Excess (deficiency) of revenues over (under) expenditures and other financing uses 245,966 482,345 339,061 24,865 268,181 1,063,572 811,835 (1,661,296) 213,944 (2,096,437) Prior period adjustment/rounding - (1) 1 (1) 50,651 - - (37,207) - - Fund balances at beginning of year 20,888 560,154 314,232 8,838 644,945 20,361,592 8,149,713 4,363,449 2,857,779 17,523,571 Fund balances at end of year $ 266,854 $ 1,042,498 $ 653,294 $ 33,702 $ 963,777 $ 21,425,164 $ 8,961,548 $ 2,664,946 $ 3,071,723 $ 15,427,134 Fund balance by year received: 2012 $ 266,854 $ 539,921 $ 366,918 $ 33,702 $ 963,777 $ 3,146,265 $ 4,490,271 $ 826,064 $ 1,744,119 $ 4,806,770 2011 - 441,414 286,376 - - 3,000,737 2,907,634 822,301 833,834 5,512,818 2010 61,163 - 3,499,967 1,563,643 1,016,581 493,770 5,107,546 2009 & Prior - 11,778,195 - - - - Total fund balances by year received $ 266,854 $ 1,042,498 $ 653,294 $ 33,702 $ 963,777 $ 21,425,164 $ 8,961,548 $ 2,664,946 $ 3,071,723 $ 15,427,134 Cash and investments Amount of Excess MOE at end of year MOE compliance status Source: 2012 Financial Statements $ 121,136 $ 955,721 $ 590,435 $ 1 $ 741,660 $ 20,972,547 $ 8,977,768 $ 2,574,811 $ 2,271,393 $ 15,417,624 $ 589,447 $ 945,262 $ 398,832 $ 6,211,023 $ 4,431,700 $ 4,826,756 $ 3,147,267 $ 2,698,752 $ 258,972 N/A Met Met Met Met Met Met Met Met Met with use N/A of carryover Measure A Local Streets Roads 6 of 6 9/4/2013 383 AGENDA ITEM 8F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Finance Manager/Controller THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2012/13 Measure A Local Streets and Roads Budget Adjustment BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve a budget adjustment for an increase in FY 2012/13 expenditures related to Measure A local streets and roads allocations. BACKGROUND INFORMATION: As part of the year-end closing procedures, the FY 2012/13 Measure A revenues have been estimated at $150 million, an 11 percent increase from the FY 2011/12 Measure A revenues of $134,984,307. The FY 2012/13 budgeted Measure A revenues were $141 million. As a result of the estimated higher revenues, there is a related increase in the Measure A local streets and roads allocations that are turned back and disbursed to the county and eligible cities. Accordingly, a budget adjustment is required to increase budgeted Measure A local streets and roads expenditures, as follows: Measure A Local FY 2012/13 Streets and Roads Budget FY 2012/13 Estimated Budget Adjustment Allocations Western County $ 29,842,000 $ 31,595,000 $ 1,753,000 Coachella Valley 11,343,000 12,081,000 738,000 Palo Verde Valley 944,000 1,005,000 61,000 Total $ 42,129,000 $ 44,681,000 $ 2,552,000 Agenda Item 8F 384 Financial Information In Fiscal Year Budget: No Year: FY 2012/13 Amount: $2,552,000 Source of Funds: Measure A local streets and roads Budget Adjustment: Yes 267 7186104 $1,753,000 WC LSR expenditures GL/Project Accounting No.: 257 7186104 $ 738,000 CV LSR expenditures 234 7186104 $ 61,000 PVV LSR expenditures Fiscal Procedures Approved: �ti-i-ze-,,34. Date: 08/20/2013 Agenda Item 8F 385 AGENDA ITEM 8G RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Commercial Paper Program Authorization Amount BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to adopt Resolution No. 13-021, "Resolution of the Riverside County Transportation Commission Authorizing, and Ratifying, Confirming and Extending Prior Authorization of, the Issuance and Sale of Commercial Paper Notes, Authorizing a Reduction of the Maximum Aggregate Principal Amount of Such Commercial Paper Notes Permitted to be Outstanding at Any One Time, and Authorizing the Execution and Delivery of an Amended or Supplemented Indenture, Issuing and Paying Agent Agreement, Credit Agreement, Dealer Agreements, and Offering Memorandum, and the Taking of All Other Actions Necessary in Connection Therewith". BACKGROUND INFORMATION: In February 2005, the Commission authorized a $200 million commercial paper program to advance right of way acquisition, environmental mitigation, and project development related to the 2009 Measure A. The commercial paper program was established in March 2005 in the amount of $185 million. In February 2010, the Commission reduced the commercial paper program to $120 million, comprised of $60 million Series A Notes (Series A Notes) and $60 million Series B Notes (Series B Notes). Additionally in March 2005, the Commission entered into agreements with Barclays Capital, Inc. (Barclays), as successor in interest to Lehman Brothers, and Merrill Lynch, Pierce, Fenner & Smith Incorporated (BAML), as successor in interest to Banc of America Securities LLC, to serve as the commercial paper dealers for the Series A Notes and Series B Notes, respectively. The agreements, as amended, for the Series A Notes and Series B Notes, allocated $60 million maximum aggregate principal amount of notes at any one-time outstanding for each dealer. Following Commission approval in March 2012, the Commission executed reimbursement agreements and related fee agreements (collectively, Bank Agreements) with Union Bank, N.A. (Union Bank) and Bank of Tokyo -Mitsubishi UFJ, Ltd., (Bank of Tokyo) to provide direct draw letters of credit providing credit and liquidity support for each commercial paper series. The purpose of a letter of credit is to provide additional security for investors in the Commission's Agenda Item 8G 386 commercial paper notes if the Commission were ever unable to refinance such notes at maturity. These Bank Agreements expire in October 2014; however, in connection with the financing of the State Route 91 Corridor Improvement Project (SR-91 CIP) in July 2013, the Commission terminated the letter of credit issued by Bank of Tokyo as one of the steps required to reduce the total amount of debt subject to the 2009 Measure A debt limitation of $975 million. Therefore, at this time only $60 million of the commercial paper program is supported by a letter of credit issued by Union Bank. Staff believes a $60 million commercial paper program is at a sufficient level to meet the Commission's short-term financing needs for certain Measure A projects. A $60 million commercial paper program together with $773.6 million in outstanding sales tax revenues bonds is below the Measure A debt limitation and provides some capacity for future long-term debt issuances, as necessary. Therefore staff recommends the Commission adopt Resolution No. 13-021 that continues the authorization of $60 million for the commercial paper program's Series A Notes and approves any amendments, supplements, or terminations necessary to terminate the Commission's prior authorization to issue the Series B Notes, including the termination of the dealer agreement with BAML, the dealer for the Series B Notes. It also continues the authorization to execute any replacements, amendments, supplements, or terminations relating to any of the commercial paper documents and agreements as necessary for the issuance from time to time of Series A notes. Staff will continue to evaluate the need to maintain the commercial paper program beyond the October 2014 expiration of the Union Bank letter of credit; accordingly, the Commission will be informed of actions to be taken in a timely manner. There is no financial impact to the FY 2013/14 budget as a result of the reduction of the commercial paper program authorization from $120 million to $60 million. Attachment: Resolution No. 13-021 Agenda Item 8G 387 NO. 13-021 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AUTHORIZING, AND RATIFYING, CONFIRMING AND EXTENDING PRIOR AUTHORIZATION OF, THE ISSUANCE AND SALE OF COMMERCIAL PAPER NOTES, AUTHORIZING A REDUCTION OF THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF SUCH COMMERCIAL PAPER NOTES PERMITTED TO BE OUTSTANDING AT ANY ONE TIME, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED OR SUPPLEMENTED INDENTURE, ISSUING AND PAYING AGENT AGREEMENT, CREDIT AGREEMENT, DEALER AGREEMENTS, AND OFFERING MEMORANDUM, AND THE TAKING OF ALL OTHER ACTIONS NECESSARY IN CONNECTION THEREWITH WHEREAS, the Riverside County Transportation Commission (the "Commission") is a county transportation commission duly organized and existing pursuant to the County Transportation Commissions Act, being Division 12 of the Public Utilities Code of the State of California (Section 130000 et seq.) (the "Act"); WHEREAS, the Commission is authorized pursuant to the Riverside County Transportation Sales Tax Act, being Division 25 of the Public Utilities Code of the State of California (Section 240000 et seq.) (the "Sales Tax Act") to, among other things and with voter approval, levy a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code (the "Sales Tax Law") and to issue limited tax bonds payable from the proceeds of such tax, including commercial paper notes; WHEREAS, the Commission adopted Ordinance No. 02-001, named the "Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance" (the "Ordinance") on May 8, 2002, pursuant to the provisions of the Sales Tax Act, which Ordinance provides for the imposition of a retail transactions and use tax (the "Sales Tax") applicable in the incorporated and unincorporated territory of the County in accordance with the provisions of the Sales Tax Act and Sales Tax Law at the rate of one-half of one percent (1/2%) commencing July 1, 2009 and continuing for a period not to exceed thirty (30) years; WHEREAS, by its terms, the Ordinance became effective at the close of the polls on November 5, 2002, the day of the election at which the proposition imposing the Sales Tax was approved by more than two-thirds of the electors voting on the measure; WHEREAS, the Ordinance and the Sales Tax Act empower the Commission to sell or issue, from time to time, limited tax bonds, or other evidences of indebtedness, including commercial paper notes (collectively, the "Sales Tax Debt") secured by and payable in whole or in part from revenues of the Sales Tax, the proceeds of which will fund capital expenditures for various purposes, including to carry out the transportation projects described in the Riverside County Transportation Improvement Plan, adopted as part of the Ordinance, including any future amendments thereto (the "Expenditure Plan"); OHSUSA:754328491.1 388 WHEREAS, on July 14, 2010, the Commission adopted Ordinance No. 10-002 (the "2010 Ordinance") providing that the aggregate principal amount of Sales Tax Debt outstanding at any one time shall not exceed $975 million; WHERAS, by its terms, the 2010 Ordinance became effective at the close of the polls on November 2, 2010, the day of the election at which the proposition relating to the 2010 Ordinance was approved by more than a majority of electors voting on the measure; WHEREAS, the Commission has heretofore issued its Sales Tax Revenue Bonds (Limited Tax Bonds), currently outstanding in the aggregate principal amount of $773,600,000 (the "Outstanding Sales Tax Bonds"), pursuant to an Indenture, dated as of June 1, 2008, (as it has been subsequently amended from time to time, the "Sales Tax Revenue Bond Indenture"), by and between the Commission and U.S. Bank National Association, as trustee; WHEREAS, the Commission has heretofore authorized the issuance of not to exceed $120,000,000 in aggregate principal amount of its Commercial Paper Notes (Limited Tax Bonds), Series A (the "Series A Notes") and Series B (the "Series B Notes" and, together with the Series A Notes, the "CP Notes"), pursuant to an Indenture dated as of March 1, 2005 (the "Indenture"), by and between the Commission and U.S. Bank National Association, as successor trustee (the "Trustee"); WHEREAS, the CP Notes are authenticated and delivered pursuant to an Issuing and Paying Agent Agreement, dated as of March 1, 2005, as amended by a First Supplement to the Issuing and Paying Agent Agreement, dated as of April 1, 2012 (collectively, the "Issuing and Paying Agent Agreement"), each between the Commission and U.S. Bank Trust National Association, as issuing and paying agent (the "Issuing and Paying Agent"); WHEREAS, the Series A Notes have been offered and sold from time to time by Barclays Capital, Inc. ("Barclays"), pursuant to a Commercial Paper Dealer Agreement, dated March 1, 2005, as it has been amended by a First Amendment to Commercial Paper Dealer Agreement, dated as of June 1, 2007, a Second Amendment to Commercial Paper Dealer Agreement, dated as of February 25, 2010, and a Third Amendment to Commercial Paper Dealer Agreement, dated as of April 18, 2012 (collectively, the "Series A Dealer Agreement"), each by and between the Commission and Barclays, as successor in interest to Lehman Brothers (the "Series A Dealer"); WHEREAS, pursuant to the terms of a Reimbursement Agreement, dated as of April 1, 2012 (the "Series A Credit Agreement"), by and between the Commission and Union Bank, N.A. ("Union Bank"), Union Bank issued an Irrevocable Direct Draw Letter of Credit on April 18, 2012 (the "Series A Letter of Credit") in favor of the Issuing and Paying Agent, which Series A Letter of Credit currently provides credit and liquidity support for the issuance, from time to time, of the Series A Notes; WHEREAS, the Series B Notes were offered and sold by Merrill Lynch, Pierce, Fenner & Smith Inc. ("Merrill"), pursuant to a Commercial Paper Dealer Agreement, dated March 1, 2005, as it has been amended by a First Amendment to Commercial Paper Dealer Agreement, dated as of June 1, 2007, a Second Amendment to Commercial Paper Dealer Agreement, dated OHSUSA:754328491.1 -2- 389 as of February 25, 2010, and a Third Amendment to Commercial Paper Dealer Agreement, dated as of April 18, 2012 (collectively, the "Series B Dealer Agreement" and, together with the Series A Dealer Agreement, the "Dealer Agreements"), each by and between the Commission and Merrill, as successor in interest to Banc of America Securities LLC (the "Series B Dealer" and, together with the Series A Dealer, the "Dealers"); WHEREAS, pursuant to the terms of a Reimbursement Agreement, dated as of April 1, 2012 (together with the Series A Credit Agreement, the "Credit Agreements"), by and between the Commission and The Bank of Tokyo -Mitsubishi UFJ, Ltd., acting through its New York Branch ("Bank of Tokyo"), Bank of Tokyo issued an Irrevocable Direct Draw Letter of Credit on April 18, 2012 (the "Series B Letter of Credit" and, together with the Series A Letter of Credit, the "Letters of Credit") in favor of the Issuing and Paying Agent, which Series B Letter of Credit provided credit and liquidity support for the issuance of the Series B Notes; WHEREAS, in order to provide information about the CP Notes and related matters to purchasers and potential purchasers of the CP Notes, the Commission executed and delivered an Offering Memorandum, dated March 23, 2005, as supplemented by the Supplement Dated April 17, 2012 to Offering Memorandum Dated March 23, 2005 (collectively, the "Offering Memorandum"); WHEREAS, on July 3, 2013, the Commission delivered a Notice of Intent and Direction to Terminate Letter of Credit Relating to the Series B Notes, pursuant to which the Series B Letter of Credit was terminated; WHEREAS, pursuant to the terms of the Indenture and the Issuing and Paying Agent Agreement, no additional Series B Notes may be issued, authenticated and delivered when not supported by an alternate letter of credit and the Commission does not intend to obtain an alternate letter of credit for the Series B Notes; WHEREAS, the Commission has previously authorized, pursuant to its Resolution No. 05-001, Resolution No. 10-006 and Resolution 12-009 (together, the "Prior Resolutions"), all consents, approvals, directions, notices, orders, requests and other actions required or permitted by any of the documents authorized in such Prior Resolutions, including the Indenture, the Issuing and Paying Agent Agreement, the Dealer Agreements, the Offering Memorandum and the Credit Agreements and including, without limitation, actions which may be necessary or desirable in connection with any amendment of any such documents, the replacement of the Credit Agreements, the removal or replacement of the Trustee or any of the Dealers or any similar action, to be given or taken by an Authorized Representative (as such term is defined in the Indenture), without further authorization or direction by this Board, and the Commission has further authorized and directed each Authorized Representative to give any such approval, consent, direction, notice, order, or request and to take any such action which such Authorized Representative may deem necessary or desirable to further the purposes of such Prior Resolutions (collectively, the "Prior Authorization"); WHEREAS, the Commission wishes to authorize, and to ratify, confirm, continue and extend its existing authorization of, the issuance of the Series A Notes from time to time, in an aggregate principal amount not to exceed $60,000,000 outstanding at any one time, to terminate OHSUSA:754328491.1 -3- 390 its authorization of the issuance of Series B Notes, and to authorize, ratify, confirm, continue and extend its Prior Authorization for an Authorized Representative to execute and deliver documents necessary or desirable to amend, replace or terminate the Credit Agreements, the Indenture, the Issuing and Paying Agent Agreement, the Dealer Agreements and the Offering Memorandum (collectively, the "CP Documents") and any replacements, amendments or supplements thereto, as such Authorized Representative deems necessary or desirable in connection with the ongoing issuance, from time to time, of the Series A Notes and the termination of the authorization to issue the Series B Notes, all in furtherance of the purposes set forth in this Resolution and the Prior Resolutions and the transactions contemplated thereby; WHEREAS, the Series A Notes authorized and reauthorized to be issued as herein set forth are subject to Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure of the State of California, (Section 860 et seq.) and, pursuant thereto, will be conclusively valid and binding on the sixty-first day following the approval and adoption of this Resolution by the Commission absent any action taken thereunder by any interested party; and WHEREAS, all acts, conditions and things required by the Act, the Sales Tax Act, the Sales Tax Law and the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the authorization, ratification, confirmation, continuation and extension of the Commission's authorization and direction of the execution of such documents as are specified herein and in the Prior Resolutions and such other documents as are necessary in connection with the issuance of the Series A Notes from time to time and the termination of the authorization to issue the Series B Notes, do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Commission is now duly authorized and empowered, pursuant to each and every requirement of law, to authorize, and to ratify, confirm, continue and extend its authorization of, such issuance of Series A Notes, the termination of its authorization of the Series B Notes and the execution of such documents as are necessary to carry out such issuance and termination, including any amendments or supplements to the CP Documents, including future amendments thereof or substitutions therefor, all as deemed necessary or desirable by an Authorized Representative; NOW THEREFORE, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION RESOLVES: Section 1. The Commission finds and determines that the foregoing recitals are true and correct and makes them an effective part of this Resolution by incorporating them herein by reference. Section 2. The Commission authorizes, and ratifies, confirms, continues and extends its authorization of, the issuance from time to time of the Series A Notes in an aggregate principal amount not to exceed $60,000,000 outstanding at any one time pursuant to the Act, the Sales Tax Act, the Ordinance, the 2010 Ordinance and the CP Documents, as any of the same may be amended from time to time including as amended pursuant to the authorization provided by and in this Resolution and the Prior Resolutions. Section 3. The Commission authorizes, ratifies, confirms, continues and extends its Prior Authorization, and acknowledges and confirms that an Authorized Representative is OHSUSA:754328491.1 -4- 391 authorized and directed to execute and deliver any replacements, amendments, supplements or terminations relating to any of the CP Documents and agreements or documents relating thereto, and any future replacements, amendments or supplements to any such documents, as such Authorized Representative deems necessary or desirable in connection with the issuance, maintenance and sale of the Series A Notes, the termination of the authorization to issue the Series B Notes, and the transactions contemplated thereby. The Series A Dealer is hereby authorized to distribute the Offering Memorandum, together with any supplement, in the form so executed by an Authorized Representative, if the Authorized Representative determines such distribution is appropriate for the sale of the Series A Notes. Section 4. Upon the execution and delivery of such amendments and supplements as an Authorized Representative determines are necessary to effect the termination of the issuance of the Series B Notes, as evidenced in a written notice of the Commission to the Issuing and Paying Agent and the Trustee, the Commission's prior authorization to issue such Series B Notes shall also cease and terminate. Such cessation and termination shall have no impact on the Commission's continuing authorization of the issuance of the Series A Notes. Section 5. All actions heretofore taken by the officers and agents of the Commission with respect to the issuance and delivery of the CP Notes, the Prior Authorization, the termination of the Series B Letter of Credit, and such other actions as have been or shall be necessary in connection therewith, are hereby ratified, confirmed and approved. The Commission hereby confirms that if, at the time of execution of any of the documents authorized hereby, the Executive Director is unavailable, such documents may be executed by the Deputy Executive Director of the Commission or the Chief Financial Officer in lieu of the Executive Director. The Commission further confirms that the Clerk of the Board of the Commission is authorized to attest to the execution by the Executive Director or the Deputy Executive Director or the Chief Financial Officer of any of such documents as said officers deem appropriate. Section 6. This Resolution shall take effect immediately upon its adoption and approval. APPROVED AND ADOPTED by the Riverside County Transportation Commission at its meeting on September 11, 2013. ATTEST: By: Clerk of the Board of the Commission By: Chair, Board of Commissioners OHSUSA:754328491.1 -5- 392 CERTIFICATE OF THE CLERK OF THE BOARD OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION I, Jennifer Harmon, Clerk of the Board of the Riverside County Transportation Commission (the "Commission"), hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted by at least a two-thirds vote of the Commission at a meeting of the governing board of said Commission duly and regularly held in Riverside, California, on September 11, 2013, of which meeting all of the members of said Commission had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. I further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in Riverside, California, freely accessible to the public and a brief general description of the resolution to be adopted at said meeting appeared on said agenda. IN WITNESS WHEREOF, I have executed this certificate hereto as of this date, , 2013. By Clerk OHSUSA:754328491.1 -6- 393 AGENDA ITEM 8H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Grace Alvarez, Senior Staff Analyst Eric De Hate, Staff Analyst Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Years 2014-18 Measure A Five -Year Capital Improvement Plans for Local Streets and Roads BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This Item is for the Commission to approve the FYs 2014-18 Measure A Five -Year Capital Improvement Plans (CIPs) for Local Streets and Roads (LSR) for the cities of Blythe, Calimesa, Coachella, Eastvale, Hemet, Jurupa Valley, Menifee, Murrieta, Norco, and Wildomar as submitted. BACKGROUND INFORMATION: Measure A imposes several requirements on local agencies in order to receive LSR funds. First, the Coachella Valley and Western County cities and the county must participate in either the Coachella Valley Association of Governments (CVAG) or Western Riverside Council of Governments (WRCOG) Transportation Uniform Mitigation Fee (TUMF) program. Western County agencies must also participate in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) managed by the Western Riverside County Regional Conservation Authority (RCA). With the exception of Beaumont, staff received verification that all of the remaining western county cities and the county are WRCOG TUMF program participating agencies. Confirmation regarding current participation in the MSHCP from RCA and TUMF program from CVAG was also received. Additionally, agencies are required to annually provide to the Commission a project status report for the prior year CIP, a five-year CIP detailing how the Measure A funds are to be expended, and an annual certification of maintenance of effort (MOE). On February 25, staff provided the local agencies with Measure A revenue projections for local streets and roads to assist in preparation of the required CIP. At the July meeting, the Commission approved the CIPs for 17 cities and the county of Riverside. The required CIP and supporting documentation have been received from the following 10 cities for approval: Agenda Item 8H 394 Western County: • Calimesa • Menifee • Eastvale • Murrieta • Hemet • Norco • Jurupa Valley • Wildomar Eastern County: • Blythe • Coachella The city of Menifee MOE base year level is concurrently included in this agenda under Agenda Item No. 11. The FY 2013/14 Measure A LSR disbursements to local agencies with Commission -approved CIPs are expected to commence in September 2013. Attachment: FYs 2014-18 Measure A Five -Year CIPs Agenda Item 8H 395 f Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF BLYTHE FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 396 CITY OF BLYTHE 235 North Broadway / Blythe, California 92225 Phone (760) 922-6161 / Fax (760) 922-4938 Juiy 8, 2013 Riverside County Transportation Commission Attn: Theresia Trevino, Chief Financial Officer 4080 Lemon Street, Third Floor Riverside, CA 92501 Dear Ms. Trevino: Enclosed is the City of Blythe's Measure "A" Five Year Capital Improvement Plan for Local Streets and Roads. This item is included in the 2013/14 Comprehensive Annual Operating and Capital Budget which has been presented and adopted by the Blythe City Council at its regularly scheduled meeting of June 13, 2013. Please present this material to your commission in the City's behalf. If you should have any questions, please direct them to Mr. Jim Rodkey, Public Works Director at (760) 922-6161, extension 240. Sine Frank J. Luckino Director of Finance 760-921-2340 xc: David Lane, City Manager Jim Rodkey, Public Works Director Measure "A" Project File 11111� Mall RIVERSIDE 1111EEM1111111 COUNTY TRANSPORTATION MEASURE "A" LOCAL FISCAL YEAR 201411111 2014 11111111111.111111111 COMMISSION FUNDS PROGRAM m 2018 TOTAL PER YR 1111111 1,891,000 2015 MI111 1,480,000 111111111 1111 2016 11111 ElI 1,390,000 -� Mill= 2017 all 1,415,000 MI 2018 MI GRAND 1,465,000 1111111.11111111111 TOTAL: 7,641,000. 11111111lMillIllil 398 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Blythe (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base Year amount of $520,192, approved by the Commission at its July 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: July 8 _ 2013 CITY MANAGER ATTEST: ClECRETAR 399 Agency: CITY OF BLYTHE Page 1 of 1 Prepared by: Frank J. Luckino Phone #: (760) 921-2341 Date: July 3,2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Total Current Carryover Current Current Item No. Project Name f Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Measure A Funds ($000's) STIP Funds ($000) Estimated Completion Status 1 2012/13 Traffic Signeis/Rehabllltation Construction $60 $50 $14 6/30/2016 Annual Rehab Project 2 2012/13 Administrative Overhead Administration $50 $50 $0 6/30/2017 Annual Admin Charges 4 1998115 Wheelchair Ramps (ADA) (60,000/yr) Construction $250 $25 $0 6/3012015 80% Completed 5 2012113 Asphalt Emulsion OiUBase Material (annual stock) Maintenance $175 $175 $10 6/3012017 Annual Stock of Material 6 2012113 Combined Streets Annual Improvement Project Construction $100 $100 $13 6/30/2017 Annual Project 7 2004116 Hobsonway/CVAG Loan Payment (Ph I) (STEP Trade) Construction $750 $190 $183 11130/2014 Last Payment due Nov 2014 8 2012113 Alleyway ImprovementslAnnual Improvements Construction $60 $50 6/30/2017 Annual Improvements 9 Lovekln/Chanslorway Loan Advance Payment (Debt Service) Construction $1,930 $240 $185 9/30/2019 Last Payment due Sept 2019 10 2012/13 Grind and Overlay/City Streets (STIP Trade) Construction $400 $400 $201 6/30/2013 Annual Project 11 2012113 Fog, Chip and Slurry Seal Construction $100 $100 $7 6/30/2014 Annual Project 12 2011/12 Hobsonway/I-10 Off Ramp (STIP Trade) Construction $850 $612 $352 6/30/2012 Engineering Phase Complete Total $4,705 S1,992 $613 $352 400 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" LOCAL FUNDS PROGRAIVI FISCAL YEAR 2014 Agency: Prepared By: Phone No.: Date: City of Blythe Frank J. Luckino (760) 922-6161 July 8, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2013-2014 Projects: Page 1 of 5 $4,028,025.00 $810,000.00 $4,838,025.00 ITEM NO. PROJECT NAME/LIMITS PROJECT TYPE TOTAL COST ($000'S) MEASURE "A" FUNDS ($000'S) , 1 1998/15 Wheelchair Ramps (ADA) (25,000/yr) $250 $25 2 2013/14 Combined Streets Annual Improvement Project $100 $100 3 2013/14 Alleyway Improvements/Annual Improvements $100 $100 4 2013/14 Fog, Chip & Slurry Seal $100 $100 5 2004/15 Hobsonway/CVAG Loan Payment (Phase 1) (STIP Trade) $2,400 $225 6 2013/16 Hobsonway Reconstruction/Engineering (Phase 4) $2,000 $670 7 2013/14 Administrative Overhead $50 $50 8 2013/14 Grind and Overlay City Streets (STIP Trade) $200 $200 9 2013/14 Asphalt Emulsion Oil/Base Material (Annual Stock) $131 $131 10 2009/19 Lovekin/Chanslorway Loan Advance Payment (bebt Service) $2,400 $240 11 2013/14 Traffic Signal Rehabilitation $50 $50 401 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" LOCAL ■ UNDS PROGRAM FISCAL YEAR 2015 Agency: Prepared By: Phone No.: Date: City of Blythe Frank J. Luckino (760) 922-6161 July 8, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: Page 2 of 5 $2,947,025.00 $834,000.00 $3,781,025.00 ITEM NO. PROJECT NAME/LIMITS PROJECT TYPE TOTAL COST ($000'S) MEASURE '"A" FUNDS ($000'S) 1 1998/15 Wheelchair Ramps (ADA) (25,000/yr) $250 $125 2 2014/15 Alleyway Improvements/Annual improvements $100 $100 3 2014/15 Asphalt Emulsion Oil/Base Material (Annual Stock) $175 $175 4 2014/15 Combined Streets Annual Improvement Project $100 $100 5 2014/15 Administrative Overhead $50 $50 6 2004/15 Hobsonway/CVAG Loan Payment (Phase 1) (STIP Trade) $2,400 $240 7 2015/16 Hobsonway Reconstruction/Engineering (Phase 4) $2,000 $200 a 2014/15 Grind and Overlay City Streets $200 $200 9 2009/19 LovekinlChanslorway Loan Advance Payment (Debt Service) $2,400 $240 10 2013/15 Traffic Signal Rehabilitation $50 $50 7, r . SIAGlC7. 402 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE °RA" LOCAL FUNDS PROGRAM (FISCAL YEAR 2016 Agency: Prepared By: Phone No.: Date: City of Blythe Frank J. Luckino (760) 922-6161 July 8, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: Page 3 of 5 $2,301,025.00 $859,000.00 / $3,160,025.00 ITEM NO. PROJECT NAME/LIMITS PROJECT TYPE TOTAL COST ($000'$) MEASURE "A" FUNDS ($000'S) 1 2 3 4 5 6 7 2009/19 Lovekin/Chanslorway Loan Advance Payment (Debt Service) 2015/16 Hobsonway Reconstruction/Engineering (Phase 4) 2015/16 Administrative Overhead 2015/16 Alleyway Improvements/Annual improvements 2015/16 Asphalt Emulsion Oil/Base Material (Annual Stock) 2015/16 Combined Streets Annual Improvement Project 2015/16 Grind and Overlay City Streets $2,400 $2,000 $50 $100 $175 $125 $200 $240 $500 $50 $100 $175 $125 $200 A s, as-D. 403 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A" LOCAL FUNDS PROGRAM FISCAL. YEAR 2017 Agency: City of Blythe Prepared By: Frank J. Lucking Phone No.: (760) 922-6161 Date: July 8, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: Page 4 of 5 $1,770,025.00 $885,000.00 $2,655,025.00 ITEM NO. PROJECT NAME/LIMITS PROJECT TYPE TOTAL COST ($000'S) MEASURE "A" FUNDS ($000'S) 1 2009/19 Lovekin/Chanslorway Loan Advance Payment (Debt Service) $2,400 $240 2 2016/17 Alleyway Improvements/Annual improvements $200 $200 3 2016/17 Asphalt Emulsion 011/Base Material (Annual Stock) $175 $175 4 2016/17 Combined Streets Annual improvement Project 5200 $200 5 2016/17 Administrative Overhead $50 $50 6 2016/17 fog, Chip and Slurry Seal $200 $200 7 2016/17 Grind and Overlay City Streets $300 $300 8 2016/17 Traffic Signal Rehabilitation $50 $50 A.S 5750 :; $ 415', RIVERSIDE COUNTY TRANSPORTATION OOIVIMISSION MEASURE "A" LOCAL FUNDS PROGRAM FISCAL YEAR 2018 Agency: City of Blythe Prepared By: Frank J. Luck'no Phone No.: (760) 922-6161 Date: July 8, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 49446•20I T Projects: a0/ 7-d20/e Page 5 of 5 $1,240,025.00 $912,000.00 $2,152,025.00 ITEM NO. PROJECT NAME/LIMITS PROJECT TYPE TOTAL COST ($000'S) MEASURE -A' FUNDS ($000`S) 1 2009M9 Lovekln/Chanslorway Loan Advance Payment (Debt Service) $2,400 $240 2 2017/18 Alleyway Improvements/Annual Improvements $200 $200 3 2017/18 Asphalt Emulsion OWBase Material (Annual Stock) $175 $175 4 2017/18 Combined Streets Annual Improvement Project $200 $200 5 2017/18 Administrative Overhead $50 $50 6 2017/18 Fog, Chip and Slurry Seal $200 $200 7 2017/18 Grind and Overlay City Streets $300 $300 8 2017/18 Traffic Signal Rehabilitation $100 $100 , ..3,b-26-; $1,05`. f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF CALIMESA FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 406 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Calimesa (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $2,401, approved by the Commission at its September 14, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: i / L.5 , 2013 RANDY ANSTINE, 'i.T MANAGER ATtEST: D RLENE GERDES, CI Y CLERK 407 RESOLUTION 2013-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA, ADOPTING THE PROPOSED CALIMESA FY 2013/2014 GENERAL FUND OPERATING BUDGET, SPECIAL FUNDS BUDGET, CAPITAL IMPROVEMENT PROGRAM AND COST ALLOCATION PLAN WHEREAS, the City Council has reviewed the proposed Fiscal Year 2013/2014 Budget held during a public meeting regarding the adoption of the budget on July 1, 2013, as listed below: City Council $ 63,530 City Manager 221,201 City Clerk 196,154 City Attorney 170,000 Finance 99,813 IT 20,195 Planning 338,542 Engineering 123,050 Citizens Patrol 17,260 Police 1,374,860 Animal Control 20,000 Fire Service 1,013,106 Community Services 119,436 Public Works 152,441 Non -Departmental 35,181 Total City of Calimesa Budget $ 3,982,698 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City of Calimesa Fiscal Year 2013/2014 General Fund Operating Budget, Special Funds Budget, and Capital Improvement Program and Cost Allocation Plan as specified in the Staff Report and Budget Document are hereby adopted. PASSED, APPROVED, and ADOPTED this 1st day of July, 2g1 . ATTEST: DARLENE GERDES, CITY CLERK WILLIAM DAVIS, "MAYOR 408 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS. CITY OF CALIMESA } I, DARLENE GERDES, City Clerk of the City of Calimesa, California, DO HEREBY CERTIFY, that the aforementioned is a true and correct copy of Resolution No. 2013-25 known as: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA ADOPTING THE PROPOSED CALIMESA FY 2013/2014 GENERAL FUND OPERATING BUDGET, SPECIAL FUNDS BUDGET, CAPITAL IMPROVEMENT PROGRAM AND COST ALLOCATION PLAN And which is on file in the Office of the City Clerk, City of Calimesa California. Said Resolution was adopted by the said City Council at a regular meeting thereof held on the 1st day of July 2013 by the following vote: AYES: Davis, Hewitt, Hyatt, McIntire and Zanowic NOES: None ABSENT: None ABSTAINED: None DARLENE GERDES, CITY CLERK Dated this 3rd day of July 2013. 409 CITY OF CALI M ESA CAPITAL IMPROVEMENT PROGRAM 2013-2014 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Calimesa Page 1 of 5 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2013-2014 Projects: 450,000 132,000 582,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2013-2014 Pedestrian Access and SR2S - 2nd Street and Avenue L Street Widening 214 214 2nd Street Pavement Rehabilitation Pavement Rehabilitation 100 100 Calimesa/Avenue L Slurry Seal Pavement Rehabilitation 79 79 Donna Lane (Avenue L to Myrtlewood) Pavement Rehabilitation 79 79 Brady Lane (Avenue L to Myrtlewood) Pavement Rehabilitation 20 20 5th Street Pavement Rehabilitation Pavement Rehabilitation 20 20 Citywide Slurry Seal Pavement Rehabilitation 52 52 TOTALS 564 564 411 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Calimesa Page 2 of 5 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: 18,000 136,000 154,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2014-2015 Calimesa Boulevard Street Imp. Street Improvement 25 25 Donna Lane (Avenue L to Myrtlewood) Pavement Rehabilitation 41 41 Citywide Slurry Seal Pavement Rehabilitation 50 50 TOTALS 116 116 412 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Calimesa Page 3 of 5 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: 38,000 140,000 178,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2015-2016 Calimesa Boulevard Street Imp. Street Improvement 25 25 Donna Lane (Avenue L to Myrtlewood) Pavement Rehabilitation 50 50 Citywide Slurry Seal Pavement Rehabilitation 50 50 TOTALS 125 125 413 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Calimesa Page 4 of 5 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: 53,000 144,000 197,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2016-2017 Street Improvement 50 50 Citywide Slurry Seal TOTALS 50 50 414 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Calimesa Page 5 of 5 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: 147,000 148,000 295,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2017-2018 Street Improvement 50 50 Citywide Slurry Seal TOTALS 50 50 415 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Calimesa Page 1 of 1 Prepared by: Michael Thornton Phone #: 951-680-0440 Date: August 2, 2013 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Estimated Completion Status 1 SR2S - 2nd Street and Avenue L Street Improvement 1,100 32 March 2014 Design delays with consultant 2 County Line Rd, 1-10 to Calimesa Blvd. Street Widen/Repair 2,500 20 Right of Way Acquisition Delays 3 Various Sidewalk /ADA Ped Access 50 - Project incorporated in Avenue L and 2nd Street 4 Ops/Overhead 9 9 Amounts expended to prepare Capital Improvement Program for'13-'14 5 Pavement Reconstruction Avenue L in conjuction with Phase 2 Avenue L Street Betterment 100 - Completed; however, no Measure A Funds used. Storm Drain 6 Pavement Management Engineering 30 - Deferred to'13-'14 TOTALS $ 3,789 $ 61 416 f 11111111 Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF COACHELLA FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 417 pCC ERE J LI i. 1 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION June 5, 2013 Shirley Medina RCTC PO Box 12008 Riverside, CA 92502-2208 Dear Ms. Medina: The City of Coachella Engineer's Department would like to submit an updated 5-Year FY 2014-2018 Measure A Local Funds Program. If you have any question please do not hesitate to contact me. Thank you, Jonathan Hoy, .E., City Engineer City of Coachella 760-398-3502 jhovQcoachella.orq 418 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Coachella (the "Agency') that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $92,205, approved by the Commission at its September 14, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: "SuYIB I q . 2013 MANA ATTEST: 6„44SECRET 419 Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA June 19, 2013 Page 3 m. Authorize the following for the Annual 16th of September "El Grito" Event at Veterans' Memorial Park or Bagdouma Park: 1) Providing City in -kind services; and 2) Operation of a Beer/Margarita Garden by the Chamber of Commerce. n. Award Amendment No. 1 to the current agreement with C1eanStreet, extending the Maintenance Services Agreement for Street Sweeping Services for an additional year. o. Approve Measure "A" Five-year Capital Improvement Plan and Maintenance of Effort Certification for 2014-2018. p• Authorize the City Manager to Execute the Second One -Year Extension Amendments to Landscape Maintenance Services Contracts with • Kirkpatrick Landscaping Services Incorporated ($168,360.00 plus a 15% contingency for Vandalism and Repair Work); and • Mariposa Landscape, Incorporated ($332,739.84 plus a 15% contingency for Vandalism and Repair Work) For the Landscape and Lighting Maintenance Districts (LLMD) 1 through 38 and Group 4 Medians/Parkways. Total amount of $501,099.84 plus a 15% Contingency for Vandalism and Repair Work. Authorize execution of Amendment No. 2 to Agreement with Burrtec Waste & Recycling Services, LLC, to extend the term of the agreement for Solid Waste Collection Services. r. Authorization for three Utilities Department Personnel to travel to Las Vegas, Nevada to attend the Tri-State Seminar on September 23 - 26, 2013. s. Update on City Interim User Fees. t. Professional Services Agreement (Amendment #3) with Raimi and Associates, Inc. in the amount of $18,000 for a Zoning Consistency Study. [Consent Calendar Item S. u. was pulled for separate discussion/action.] v. Approve an Interlocal Agreement between the Cities of Banning, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, La Quinta, Moreno Valley, Palm Springs, Perris, Riverside, and the County of Riverside concerning distribution of the City's $16,535 local Justice Assistance Grant allocation and authorize the City Manager to execute the Agreement and all related grant documents. 420 Minutes CC/CSD/CFPD/CFAJCEGACCC/CWA/SA-RDA June 19, 2013 Page 4 Motion: To approve Consent Calendar Items 8.a. through 8.g., 8.i. through 8.t., and 8.v. (Items 5.h. and 5.u. were pulled and voted upon separately. See below.) Made by: Mayor Garcia Seconded by: Councilmember Hernandez Approved: 3-0, by the following roll call vote: AYES: Councilmember Hernandez, Councilmember Zepeda and Mayor Garcia. NOES: None. ABSTAIN: None. ABSENT: Councilmember Aviles and Mayor Pro Tem Martinez. Item 5.h. was pulled from the Consent Calendar for separate comment/action by Mayor Garcia at the request of Councilmember Zepeda: h. Establishment of the Library Ad Hoc Committee. Motion: To add a second community member to the committee list and approve Consent Calendar Item 8.h. Made by: Mayor Garcia Seconded by: Councilmember Hernandez Approved: 3-0, by the following roll call vote: AYES: Councilmember Hernandez, Councilmember Zepeda and Mayor Garcia. NOES: None. ABSTAIN: None. ABSENT: Councilmember Aviles and Mayor Pro Tem Martinez. Item 5.u. was pulled from the Consent Calendar for separate comment/action by Mayor Garcia at the request of Councilmember Hernandez: u. Accept South Coast Air Quality Management District (AQMD) Contract 13425, for $3,000,000 and authorize the City Manager to execute the contract and all related documents. Motion: To approve Consent Calendar Item 5.u., per staff recommendation. Made by: Councilmember Hernandez Seconded by: Councilmember Zepeda Approved: 3-0, by the following roll call vote: AYES: Councilmember Hernandez, Councilmember Zepeda and Mayor Garcia. NOES: None. ABSTAIN: None. ABSENT: Councilmember Aviles and Mayor Pro Tem Martinez. 421 City of Coachella 5 Year Measure A Funding Capital Projects Total Project Cost Estimated Expenditures for FY 928,00 d u_ 2 fu m $ 613,ODD 61 0 Sub -totals : $ 63, Sub -totals 631,t»d 61,000 Sub -totals $ 0,+ $ fr5t1,000 $ 650, Totals ,417„, $ 3,41,7,, ..:�..3,7,000 WAPUBWKS\CIP\Lynn CIP\Measure eleasure A 13-14\CIP 5 Year Measure A Budget 11-14 through 17-18 waif tor /234 1e33 01 aid'TWA 1331302133 ag 10h1 £Ira La 000`Z65 000`Z65 6 3s2id3o voelod. SwmemalagZ sal% 243e31dm33 Pa122r!12S sP223 zoo IioS y amse-ap -alepdH examaE¢aew aaansmed.- 6t -and o;1 S -aw vaa"ua4 332+3S 31393132l3 (£) alp wog papuapi ale snrauraned laexis! :pa;aidcuo3 i age panabal se same; deapuutiso voprip os ` aosiueH o; uajaS 110Al2'34 I 'mod (Z) t to alp pece `11gpano ntau `mile/awls iaAa, 'qan' PatalaQ 3:01dai to pedal apnPert Ea+SRI. ITO: - IS -3AV o; ZS -eny mg 23.2Su2A agm ZiT (T) ace ineggnoxe itme nEd laa4s ag3 anoldmc - 6 amid 20J32.1»?T 133% Ea s134old N.I. (9) 28 `(£) `(Z) 5133Pold acliC.L pafold s T £I-ZIUZ 1 a:10.; rSifaid maid spuna rain y amsearl uoissRutuop tcop podsusu dump app32411 _......_....... _._...__..____ poclou sums pafold V amseal l dID zegA-aAla -n m u; _ o -palaidmo3 - oFnuo 41I0 pae 313103421 �. m N 313 AP2433 VW, 1232333IgY P2011 troga paPpa - uospIEH ZS -ow mo g yagadelcJ (0 � N !PTOZi£IOZ A.I o1. D Pa4E1aQ - £S �y 01 ZS -an1f mogPuSipal3 (t) y 3 a dean 1 � g Pa; 1 a, £IOUTOZ ° 1s! Q O CD Q. 3fa) cD N o. (• D 1. O ..........: . 123A roe 3i O. iauseN paroxdN — E CD O n Ci) 0. £TOZlSr9 :a3eQ C � ZOS£-86£-09L :if aumidi; a r aar0'aaAlr,3- "ci`AoH224W°Of'19Paled'aId .t .........-. T P 1222e -13 CO ._20Y32O636"Alb .. � dll O. O _. _....... ,, n - �D a N = w G 10 Agency: Page 1 of 3 Prepared by: Phone #: Date: Five -Year CIP Measure A Riverside County Transportation Commission Measure A Local Funds Program FY 2014-2018 City of Coachella Jonathan Hoy, P.E. City Engineer 760-398-3502 6/5/2013 Fiscal Year Project Name / Limits Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2010-1, 041Projects: 350,000 578,000 928,000 Project Type Total Cost Measure A Funds Street Resurfacing Phase 9 & 10 - (1) Frederick Ave. 49 to Ave. 53 2013/14 The project will improve the street pavement throughout the City. This will include repair or replacement of curb, gutter, sidewalks, new overlay, and the installation of handicap ramps as required. The street pavements are (1) - 928,000 928,000 identified from the Pavement Management Update. Agency: City of Coachella Page 2 of 3 Fiscal Year Project Name / Limits Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: 595,000 595,000 Project Type Total Cost. Measure A Funds 2014/15 Street Resurfacing Phase 11 - (1) Naomi Court from La Ponderosa to East End; (2) Perez from Naomi Court to La Hernandez; (3) Romaulda from Perez to La Hernandez East End; (4) Oritiz from Perez to La Hernandez The project will improve the street pavement throughout the City. This will include repair or replacement of curb, gutter, sidewalks, new overlay, and the installation of handicap ramps as required. The street pavements are identified from the Pavement Management Update. (1) - 180,000 (2) - 165,000 (3) - 125,000 (4) - 125,000 595,000 Fiscal Year Project Name / Limits Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: Project Type 613,000 613,000 Total Cost Measure A Funds Street Resurfacing Phase 12 - (1) Via Conchilla from Avenida De Plata to Avenida De Platina; (2) Avenida De 2015/16 oro from Ave. 50 to Guitron; (3) Avenida Cortez from Ave. 50 to Calle Leon. The project will improve the street pavement throughout the City. This will include repair or replacement of curb, gutter, sidewalks, new overlay, and the installation of handicap ramps as required. The street pavements are identified from the Pavement Management Update. (1)-113,000 (2) - 265,000 613,000 (3) - 235,000 Agency: City of Coachella Page 3 of 3 Fiscal Year Project Name / Limits Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: Project Type 631,000 631,000 Total Cost Measure A Funds Street Resurfacing Phase 13 - (1) Calle Vega from Calle Leon to Paseo Laredo; (2) Paseo De Laredo from 2016/17 Frederick to Avenida Cortez; (3) Via Durango from Avenida Coez to End; (4) Ave. 48 from Van Buren West 1/4 mile. The project will improve the street pavement throughout the City. This will include repair or replacement of curb, gutter, sidewalks, new overlay, and the installation of handicap ramps as required. The street pavements are identified from the Pavement Management Update. (1) - 100,000 (2) - 113,000 (3) - 125,000 (4) - 293,000 631,000 Fiscal Year Project Name / Limits Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: Project Type 650,000 650,000 Total Cost Measure A Funds Street Resurfacing Phase 14 - (1) Via Hermosa from Avenida Cortez to End; (2) Vera Cruz from Avenida Cortez to 2017/18 End; (3) Frederick From Ave. 50 to Ave. 49; (4) Ave. 49 from Harrison to Van Buren. The project will improve the street pavement throughout the City. This will include repair or replacement of curb, gutter, sidewalks, new overlay, and the installation of handicap ramps as required. The street pavements are identified from the Pavement Management Update. (1) - 205,000 (2) - 129,000 (3) - 115,000 (4) - 201,000 650,000 f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF EASTVALE FIVE YEAR CIP 2014-2018 AND PROJECT STATUS REPORT CIP FY 12/13 427 May 6, 2013 Shirley Medina Program Manager Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 City of Eastvale 12363 Limonite Avenue, Suite #910 • Eastvale, CA 91752 (951) 361-0900 • Fax: (951) 361-0888 • www.EastvaleCA.gov Re: City of Eastvale's Measure A Expenditure Plan Dear Ms. Medina: Please find enclosed the Fiscal Year 2013/14 — 2017/18 Measure A Expenditure Plan for the City of Eastvale. At this time, the City of Eastvale is not required to submit a Maintenance of Effort (MOE) since the City was recently incorporated on October 1, 2010. The MOE certification is only required from agencies that were incorporated before July 2, 2009, and have an approved baseline amount. Once the City has developed the three year operations required to establish a baseline amount, a MOE will be submitted to the Riverside County Transportation Commission. Should you have any questions, please feel free to contact George Alvarez at (951) 361-0900. Sincerely, '1.60-P") Carol Jacobs City Manager 428 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Eastvale Page: 1 of 6 Prepared by: George Alvarez, Public Works Director Phone #: (714) 615-0883 Date: May 6, 2013 Estimated Prior Year Measure A Balance: $ 1,455,519 Estimated FY 2013-2014 Measure A Allocation: $ 882,000 Estimated Measure A Available for FY 2013-2014 Projects: $ 2,337,519 Item No. Project Name /Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2013-2014 1 Road Safety/Traffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 200,000 $ 20,000 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 2,695,917 $ 879,917 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 967,000 $ 967,000 TOTALS 3,862,917 1,866,917 429 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Eastvale Page: 2 of 6 Prepared by: George Alvarez, Public Works Director Phone #: (714) 615-0883 Date: May 6, 2013 Estimated Prior Year Measure A Balance: $ 470,602 Estimated FY 2014-2015 Measure A Allocation: $ 908,000 Estimated Measure A Available for FY 2014-2015 Projects: $ 1,378,602 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2014-2015 1 Road Safety/Traffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 20,000 $ 20,000 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 900,000 $ 400,000 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; $ 310,000 $ 310,000 TOTALS 1,230,000 730,000 430 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Eastvale Page: 3 of 6 Prepared by: George Alvarez, Public Works Director Phone #: (714) 615-0883 Date: May 6, 2013 Estimated Prior Year Measure A Balance: $ 648,602 Estimated FY 2015-2016 Measure A Allocation: $ 935,000 Estimated Measure A Available for FY 2015-2016 Projects: $ 1,583,602 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2015-2016 1 Road Safetyffraffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 20,000 $ 20,000 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 700,000 $ 400,000 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; $ 310,000 $ 310,000 TOTALS 1,030,000 730,000 431 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Eastvale Page: 4 of 6 Prepared by: George Alvarez, Public Works Director Phone #: Date: (714)615-0883 May 6, 2013 Estimated Prior Year Measure A Balance: $ 853,602 Estimated FY 2016-2017 Measure A Allocation: $ 963,000 Estimated Measure A Available for FY 2016-2017 Projects: $ 1,816,602 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2016-2017 1 Road Safety/Traffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 20,000 $ 20,000 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 700,000 $ 400,000 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; $ 310,000 $ 310,000 TOTALS 1,030,000 730,000 432 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Eastvale Page: 5 of 6 Prepared by: George Alvarez, Public Works Director Phone #: (714) 615-0883 Date: May 6, 2013 Estimated Prior Year Measure A Balance: $ 1,086,602 Estimated FY 2017-2018 Measure A Allocation: $ 992,000 Estimated Measure A Available for FY 2017-2018 Projects: $ 2,078,602 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2017-2018 1 Road Safety/Traffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 20,000 $ 20,000 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 700,000 $ 400,000 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; $ 310,000 $ 310,000 TOTALS 1,030,000 730,000 433 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Eastvale Page: 6 of 6 Prepared by: George Alvarez, Public Works Director Phone #: (714) 615-0883 Date: April29, 2013 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Estimated Completion / Expended to Date Status 1 Road Safety/Traffic Improvements Remove, replace, install signs, pavement markings, related roadway safety and traffic improvements; traffic signal synchronization. $ 100,000 $ 100,000 $ 8,640 This is an annual program. Unexpended costs are carried over to next FY. 2 Street Improvement Program Widen, repair, or reconstruct roadways as needed. $ 200,000 $ 200,000 $ 72,933 This is an annual program. Unexpended costs are carried over to next FY. 3 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; $ 425,000 $ 425,000 $ 11,000 This is an annual program. Unexpended costs are carried over to next FY. TOTALS 725,000 725,000 92,573 434 f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF HEMET FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 435 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Hemet (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $18,924, approved by the Commission at its October 12, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: m f/ �� , 2013 Ron Bradley, INTERIM CITY ' GER ATTEST: Deputy City Manager/Fine de Director 436 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Estimated Prior Year Measure A Balance: $ 396,254 Estimated FY 2013-2014 Measure A Allocation: $ 1,422,000 Estimated Measure A Available for FY 2013-2014 Projects: $ 1,818,254 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2013-2014 1 Annual Pavement Rehabilitation Pavement Reconst./ 1,535,000 1,535,000 Grind and Overlay 2 Gilbert St. Pavement Rehab - * Pavement Rehab. 574,000 131,000 Acacia to Stetson (STP Grant Matching funds) TOTALS 2,109,000 1,666,000 *STP Grant total project cost is $574 - $443 Federal STP and $131 local match 437 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: 152,254 1,465,000 1,617,254 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2014-2015 1 Annual Pavement Rehabilitation Grind and Overlay 1,110,000 1,110,000 2 Cawston Ave. Improvements - Grind and Overlay & 290,000 290,000 Menlo to Devonshire Pavement Widening TOTALS 1,400,000 1,400,000 438 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: 217,254 1,509,000 1,726,254 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2015-2016 Grind and Overlay 1,575,000 1,575,000 1 Annual Pavement Rehabilitation TOTALS 1,575,000 1,575,000 439 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: 151,254 1,554,000 1,705,254 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2016-2017 Grind and Overlay 1,429,000 1,429,000 1 Annual Pavement Rehabilitation TOTALS 1,429,000 1,429,000 440 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: 276,254 1,601,000 1,877,254 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2017-2018 Grind and Overlay 1,740,000 1,740,000 1 Annual Pavement Rehabilitation TOTALS 1,740,000 1,740,000 441 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Hemet Page 1 of 1 Prepared by: Victor Monz, PE Phone #: 951-765-2360 Date: July 10, 2013 Item No. Project Name / Limits Project Type Total Cost Measure A Funds Estimated Completion Status 1 Annual Pavement Rehabilitation Grind and Overlay 3,274,000 3,274,000 Completed 2 NW Quadrant of Hermosa Homes between Menlo Ave. and Kirby St. Grind and Overlay & ADA ramps 550,000 550,000 Completed TOTALS 3,824,000 3,824,000 442 f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF JURUPA VALLEY FIVE YEAR CIP 2014-2018 AND PROJECT STATUS REPORT CIP FY 12/13 443 Verne Lauritzen, Mayor • Frank Johnston, Mayor Pro Tem • Micheal Goodland, Council Member • Laura Roughton, Council Member • Brad Hancock, Council Member August 11, 2013 Ms. Shirley Medina, Director of Planning and Programming Riverside County Transportation Commission 4080 Lemon St, 3rd Floor Riverside CA 92502 Subject: RCTC Measure "A" Local Streets and Roads Jurupa Valley Five -Year C1P for FY2013/14 - FY2017/18 Dear Ms. Medina, The City Council of the City of Jurupa Valley, at its regular meeting on August 15`, 2013, will consider adopting the City's Five Year Measure "A" Local Streets and Roads Capital Improvement Plan for Fiscal Years 2013/14 through FY2017/18. The City's Measure "A" Five- Year CIP, sent August 5, 2013, is revised to conform to RCTC's template. Jurupa Valley's Measure "A" Local Streets and Roads Five -Year Capital Improvement Plan (CIP) is attached in that form. Based on the City's incorporation on July 1, 2011 no annual Maintenance of Effort (MOE) certification is required until after the third year of incorporation. The City requests that the Riverside County Transportation Commission accept and approve the City's Measure A 5-Year CIP and find the City eligible to continue receiving its fair share allocation of Measure "A" revenues. If you have any questions please call me or Mike Myers at 951-332-6464 or Mike's ce11909- 844-4846. Sincerely, tRoy Stephenson, P. . Public Works Director/City Engineer p©EAVE AUG 13 2013 0 TRANRERIVERSID COUNTY ATiR COMMISSION Cc: Grace Alvarez, RCTC Sr. Staff Analyst Steve Harding, City Manager George Wentz, Assistant City Manager Attachment Measure "A" Local Streets and Roads Five -Year Capital Improvement Plan for FY 2013/14 — FY 2017/18 (RCTC Template) 8304 Limonite Avenue, Suite M, Jurupa Valley, CA 92509-5183, (951) 332-6464 www.jurw4avalley.org RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Jurupa Valley Page 1 of 1 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000%) Expended Estimated Completion Status 2011.1 Camino Real Pavement Rehabilitation: Street Rehab (Cost 1,500 188 Construction 1st of 4 installments to be 2012.1 From Linares Ave to 270' N/O Black split w/RivCo; completed Aug reimbursed to RivCo; Meas A Hills Dr, (8300LF) Reimburse Riv Co 1 of 4 yrs Reimbursment $750k advanced by RivCo; RivCo funded bal) 2012 budget revised by City Council 12/2012. $28.5k moved to Misc St Imp Prog 2011.2 Limonite Avenue Pavement Rehab: Street Rehab 624 60 construction/ PS&E ongoing 2012.2 From Wineville Ave to Etiwanda Ave (5200LF) completion scheduled for Q2 2014 2012.3 Rutile Street and Galena Road Street Rehab (CC 240 27 Ongoing, Est. In Design; Project limits & Pavement Rehab: From Rutile St, Jurupa Rd to Van Buren Blvd and Galena St 1100' W/o Rutile to Rutile made mid-yr adj of proj limits & budget) complete Q2 2014 Meas A budget revised by City Council 12/2012; $300k moved to Misc St Imp Prog 2012.4 Bain Street Pavement Rehab: From 54th St to Bel!grave Ave (5400LF) Street Rehab (CC made mid-yr adj of proj limits, budget & schedule) - - FY 15/16 Project rescheduled for FY 15/16 Meas A budget revised by City Council 12/2012; $291.6k moved to Misc St Imp Prog 2012.5 Annual Miscellaneous St Improvements Program (CC Street Rehab, Var City Neighborhoods totaling 858 858 Aug-13 Under Construction, completion Aug 2013. Meas Expanded Orign Prog): Various 6 CL miles & 1mil SF A budget revised by City Locations (Expanded prog included 6 CL miles) AC pavement Council 12/2012. $620.1k from other projects 2012.6 Annual Roadway Safety and Traffic Pvmt rehab, Country 238 147 Ongoing Ongoing Improvement Program: Various Village Rd; Rt turn SB Locations Van Buren at Rutile; Raised median Limonite E/o 1-15 2012.7 Annual Miscellaneous St Maintenance Street Maintenance 183 10 Ongoing Ongoing Program (Slurry Seal) 2012.8 8% overhead/Administration Administration 98 98 Annual/Ongoing Cannot exceed 8% of revenues TOTALS $ 3,739 $ 1,386 445 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Jurupa Valley Page 1 of 5 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2013-2014 Projects: 450,000 1,487,000 1,937,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2013-2014 2013.1 Camino Real Pavement Rehabilitation: From Linares Ave to 270' N/O Black Hills Dr, (8300LF) Street Rehab (Cost split w/RivCo; Reimbursment of $750k advanced by Reimburse Riv Co 2nd of 4 yrs RivCo; RivCo funded bal) 1,500 188 2013.2 Van Buren Blvd Pavement Rehab - Ph 2: Street Rehab (Fund 2 From Jurupa Rd to Bellgrave Ave Gas Tax) 1,192 160 2013.3 Country Village Road Pavement Rehab - Street Rehab (Fund 2 Ph 1: Fontana Lateral to North City Limit Gas Tax) (1800LF) 321 290 2013.4 Annual Miscellaneous St Pavement Street Betterment (Fund Program 2 Gas Tax) 1,000 500 2013.5 Annual Roadway Safety and Traffic Traffic Improvement Program: Various Locations 120 120 2013.6 Annual Miscellaneous St Maintenance Street Maintenance Program 120 120 2013.7 8% Overhead/Administration Administration 110 110 TOTALS 4,363 1,488 446 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Jurupa Valley Page 2 of 5 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: 449,000 1,532,000 1,981,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2014-2015 2014.1 Camino Real Pavement Rehabilitation: From Linares Ave to 270' N/O Black Hills Dr, (8300LF) Street Rehab (Cost split w/RivCo; Reimbursment of $750k advanced by Reimburse Riv Co 3rd of 4 yrs RivCo; RivCo funded bal) 1,500 188 2014.2 Pacific Ave Pavement Rehabilitation: Street Rehab (Fund 2 From 45th St to Mission Blvd Gas Tax) 328 178 2014.3 Van Buren Blvd Pavement Rehab - Ph Street Rehab (Fund 2 2: From Jurupa Rd to Bellgrave Ave Gas Tax) 1,192 250 2014.4 Rubidoux Blvd Pavement Rehab: From Street Rehab (Fund 2 Mission Blvd to SR60 Gas Tax) 612 90 2014.5 Annual Miscellaneous St Pavement Street Betterment (Fund Program 2 Gas Tax) 1,000 500 2014.6 Annual Roadway Safety and Traffic Traffic Improvement Program: Various Locations 120 120 2014.7 Annual Miscellaneous St Maintenance Street Maintenance Program 100 100 2014.8 8% Overhead/Administration Administration 107 107 TOTALS 4,959 1,533 447 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Jurupa Valley Page 3 of 5 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: 448,000 1,578,000 2,026,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2015-2016 2015.1 Camino Real Pavement Rehabilitation: From Linares Ave to 270' N/O Black Hills Dr, (8300LF) Street Rehab (Cost split w/RivCo; Reimbursment of $750k advanced by Reimburse Riv Co 4th of 4 yrs RivCo; RivCo funded bal) 1,500 188 2015.2 Bain St Pavement Rehabilitation and Street Improvement Shoulder Improvements: From 54th St (Fund 2 Gas Tax) to Bellgrave Ave. 641 451 2015.3 Annual Miscellaneous St Pavement Street Betterment (Fund Program 2 Gas Tax) 1,000 500 2015.4 Annual Roadway Safety and Traffic Traffic Improvement Program: Various Locations 200 200 2015.5 Annual Miscellaneous St Maintenance Street Maintenance Program 120 120 2015.E 8% Overhead/Administration Administration 117 117 TOTALS 3,578 1,575 448 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Jurupa Valley Page 4 of 5 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: 451,000 1,625,000 2,076,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2016-2017 2016.1 Sierra Ave Pavement Rehabilitation, Armstrong Rd to 200' S/o Karen Ln, (2750LF) Street Rehab 500 500 2016.2 Van Buren Blvd Pavement Rehab - Street Rehab (Fund 2 Ph 3: From Bellgrave Ave to SE/o Gas Tax) Etiwanda 1,300 200 2016.3 Annual Miscellaneous St Pavement Street Betterment Program (Fund 2 Gas Tax) 1,000 500 2016.4 Annual Roadway Safety and Traffic Traffic Improvement Program: Various Locations 200 200 2016.5 Annual Miscellaneous St Street Maintenance Maintenance Program 100 100 2016.6 8% Overhead/Administration Administration 120 120 TOTALS 3,220 1,620 449 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Jurupa Valley Page 5 of 5 Prepared by: Mike Myers Phone #: 951-332-6464 Date: August 6, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: 456,000 1,674,000 2,130,000 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2017-2018 2017.1 Van Buren Blvd Pavement Rehab - Street Rehab (Fund 2 Ph 3: From Bellgrave Ave to SE/o Gas Tax) Etiwanda 1,300 200 2017.2 Rubidoux Blvd, 28th and 30th St Street Rehab (Fund 2 Pavement Rehab: Rubidoux Blvd, from SR60 to 28th St and 28th & Gas Tax) 30th St from Avalon St to Rubidoux Blvd 600 500 2017.3 Annual Miscellaneous St Pavement Street Betterment Rehab Program (Fund 2 Gas Tax) 1,000 500 2017.4 Annual Roadway Safety and Traffic Traffic Improvement Program: Various Locations 200 200 2017.5 Annual Miscellaneous St Street Maintenance Maintenance Program 150 150 2017.6 8% Overhead/Administration Administration 124 124 TOTALS 3,374 1,674 450 f 11111111 Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF MENIFEE FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/ 13 451 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Menifee (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a proposed base year amount of $214,225, schedule for approval by the Commission at its September 11, 2013 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: S , 2013 CITY MnNAGER ATTES 452 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone #: (951) 672-6777 Date: June 26, 2013 Revised Item No. Project Name 1 Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Estimated Completion Status 1 Newport Road (Antelope to Menifee) Design, Signal and 1,350 66 2014 Bid Advertisement Underway - All Phases Maintenance 2 Slurry Seal (Bid Preparation) Street Maintenance 60 25 Complete 3 Cape Slurry Seal Street Maintenance 400 - Deleted 4 Newport Interchange Debt, Service 400 400 Ongoing 5 Holland Road Overcrossing Design 300 50 2015 Ongoing 6 General Fund Transfer General Fund Overhead 84 Ongoing TOTALS 2,510 625 453 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone it (951) 672-6777 Date: June 26, 2013 Revised Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2013-2014 Projects: $2,200,000 $1,261,000 $3,461,000 Item No. Project Name 1 Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2013-2014 1 Newport Interchange Debt Service 400 400 Design/Environmental 2,000 200 2 McCall Blvd. Interchange Studies Design/Environmental 1,500 500 3 Bradley Bridge Studies 4 City Wide Pavement Rehabilitation Pavement Rehab. 1,000 1,000 100 100 5 General Fund Transfer 8% Overhead TOTALS 5,000 2,200 454 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone #: (951) 672-6777 Date: June 26, 2013 Revised Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: $1,261,000 $1,299,000 $2,560,000 Item No. Project Name 1 Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2014-2015 1 Newport Interchange Debt Service 400 400 McCall Blvd. Interchange Design 1 Environmental 1,800 800 2 Services Bradley Bridge Design 1 Environmental 1,000 1,000 3 Services General Fund Transfer Overhead 104 104 4 TOTALS 3,304 2,304 455 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone #: (951) 672-6777 Efate: June 26, 2013 Revised Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: $256, 000 $1, 338, 000 $1, 594, 000 Item No. Project Name I Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2015-2016 1 Newport Interchange Debt Service 400 400 2 2,000 1,000 City Wide Pavement Rehabilitation Pavement Rehab. 3 General Fund Transfer Overhead 107 107 TOTALS 2,507 1,507 456 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone #: (951) 672-6777 Date: June 26, 2013 Revised Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016.2017 Projects: $87,000 $1,378,000 $1, 465, 000 Item No. Project Name ! Limits Project Type Total Cost ($0001s) Measure A Funds ($000's) 2016-2017 1 Newport Interchange Debt Service 400 400 2 2,000 900 City Wide Pavement Rehabilitation Pavement Rehab. 3 General Fund Transfer Overhead 110 110 TOTALS 2,510 1,410 457 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: City of Menifee Page 1 of 1 Prepared by: Habib Motlagh Phone #: (951) 672-6777 Date: June 26, 2013 Revised Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: $55, 000 $1,419,000 $1, 474, 000 Item No. Project Name 1 Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 2017-2018 1 Newport Interchange Debt Service 400 400 2 1,500 900 City Wide Pavement Rehabilitation Pavement Rehab. 3 General Fund Transfer Overhead 113 113 TOTALS 2,013 1,413 458 f Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF MURRIETA FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 459 CITY OF MURRIETA June 27, 2013 ACC r�\ 4114' [LP F�ANSP(j� � � ONOOUNTY OOMMISSION Shirley Medina, Programming and Planning Manager Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92502-2208 SUBJECT: City of Murrieta FY 2013/14 to 2017/18 Measure "A" Five -Year Capital Improvement Plan Budget Revisions Dear Shirley: Enclosed are the Maintenance of Effort Certification Statement, revised Measure A Five -Year Capital Improvement Plan and the Project Status Report. We hereby request a revision to the FY 2013/14 to 2017/18 Five Year Capital Improvement Plan previously submitted on June 12, 2013. One project is requested to be added to the project listing as follows: • CIP 8335 — Jackson Avenue Bridge The Jackson Avenue Bridge project was previously funded utilizing Redevelopment Bond proceeds and the State is determining the ability to utilize these funds; Measure A will be used to fund a portion of this project, which will start construction in August of 2013. The Measure A balance carried over to FY 2013/14 is large due to several projects that are progressing through the right-of-way acquisition phase prior to construction; these projects include CIP 8079 Murrieta Hot Springs Widening, CIP 8389 Whitewood Road- Hunter to Clinton Keith Roads and the added CIP 8335 Jackson Avenue Bridge. These projects are expected to be constructed during the upcoming fiscal year 2013/14. If you have any questions, please contact me at (951) 461-6036. / Bob Moehling, P.E. City Engineer Attachments cc: Rick Dudley, City Manager Jim Holston, Assistant City Manager Joy Canfield, Administrative Services Director 1 Town Square • Murrieta, California 92562 phone: 951.304.CITY (2489) • fal6651.698.4509 • web: murrieta.org FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Murrieta (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $595,702, approved by the Commission at its July 13, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: , 2013 CITY M AGER ATTEST: t: SECRETA� 461 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: CITY OF MURRIETA Page 1 of 5 Prepared by: Bob Moehling, City Engineer 951-461-6036 Date: June 27, 2013 Estimated Prior Year Measure A Balance: $ 7,287,134 Estimated FY 2013-2014 Measure A Allocation: $ 1,836,000 Estimated Measure A Available for FY 2013-2014 Projects: $ 9,123,134 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2013-2014 1 Maintenance 1,453,559 1,453,559 8043 Pavement Resurfacing 2 8079 Murrieta Hot Springs Widening Maintenance 1,343,079 1,343,079 3 8137 Resurfacing - Slurry Seal Construction 416,773 416,773 4 8257 Citywide Signal Mods Construction 130,014 130,014 5 8283 Traffic Striping Modifications Construction 33,815 33,815 6 8293 Sidewalk Replacement Construction 184,681 184,681 7 8303 I-215/Clinton Keith Rd Interchange Construction 7,888 7,888 8 8311 I-15/Los Alamos Rd Overcrossing Construction 798,195 798,195 9 8323 Guava Bridge/Murrieta Creek Construction 60,092 60,092 10 8330 Traffic Signal Optimization Construction 192,500 192,500 11 8389 Whitewood: Hunter to Clinton Keith Construction 1,085,000 1,085,000 12 8430 Neighborhood Traffic Management Construction 15,751 15,751 13 8433 M Hot Springs Medians: Alta to Marg Construction 815,306 815,306 14 8456 Whitewood Extension Construction 360,427 360,427 15 10012 Jackson Ave Median Construction 38,857 38,857 16 8335 Jackson Avenue Bridge Construction 1,094,500 1,094,500 17 COP 2007 for 15/215 MHS Interchange Debt Service 734,683 734,683 TOTALS 8,765,120 8,765,120 462 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: CITY OF MURRIETA Page 2 of 5 Prepared by: Bob Moehling, City Engineer Phone #: 951-461-6036 Date: June 27, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects: 358,014 1,891,000 2,249,014 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2014-2015 1 Maintenance 500,000 500,000 8043 Pavement Resurfacing 2 8257 Signal Mods- Citywide Construction 75,000 75,000 3 8283 Traffic Striping Modifications Construction 50,000 50,000 4 8330 Traffic Signal Optimizations Construction 70,000 70,000 5 8430 Neighborhood Traffic Manage Construction 15,000 15,000 6 8456 Whitewood Road extension Construction 300,000 300,000 7 COP 2007 for 15/215 at MHS Int. Debt Service 730,002 730,002 TOTALS 1,740,002 1,740,002 463 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: CITY OF MURRIETA Page 3 of 5 Prepared by: Bob Moehling, City Engineer Phone #: 951-461-6036 Date: June 27, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure A Available for FY 2015-2016 Projects: 509,012 1,948,000 2,457,012 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2015-2016 1 Maintenance 500,000 500,000 8043 Pavement Resurfacing 2 8257 Signal Mods- Citywide Construction 75,000 75,000 3 8283 Traffic Striping Modifications Construction 50,000 50,000 4 8330 Traffic Signal Optimizations Construction 70,000 70,000 5 8430 Neighborhood Traffic Manage Construction 15,000 15,000 6 8456 Whitewood Road extension Construction 300,000 300,000 7 COP 2007 for 15/215 at MHS Int. Debt Service 725,458 725,458 TOTALS 1,735,458 1,735,458 464 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: CITY OF MURRIETA Page 4 of 5 Prepared by: Bob Moehling, City Engineer Phone #: 951-461-6036 Date: June 27, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: 721,554 2,006,000 2,727,554 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2016-2017 1 Maintenance 500,000 500,000 8043 Pavement Resurfacing 2 8257 Signal Mods- Citywide Construction 75,000 75,000 3 8283 Traffic Striping Modifications Construction 50,000 50,000 4 8330 Traffic Signal Optimizations Construction 70,000 70,000 5 8430 Neighborhood Traffic Manage Construction 15,000 15,000 6 COP 2007 for 15/215 at MHS Int. Debt Service 724,145 724,145 TOTALS 1,434,145 1,434,145 465 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Agency: CITY OF MURRIETA Page 5 of 5 Prepared by: Bob Moehling, City Engineer Phone #: 951-461-6036 Date: June 27, 2013 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017-2018 Projects: 1,293,409 2,066,000 3,359,409 Item No. Project Name / Limits Project Type Total Cost Measure A Funds 2017-2018 1 Maintenance 500,000 500,000 8043 Pavement Resurfacing 2 8257 Signal Mods- Citywide Construction 75,000 75,000 3 8283 Traffic Striping Modifications Construction 50,000 50,000 4 8330 Traffic Signal Optimizations Construction 70,000 70,000 5 8430 Neighborhood Traffic Manage Construction 15,000 15,000 6 COP 2007 for 15/215 at MHS Int. Debt Service 726,645 726,645 TOTALS 1,436,645 1,436,645 466 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Murrieta Page 1 of 1 Prepared by: Bob Moehling, City Engineer Phone #: 951-461-6036 Date: June 27, 2013 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds Available Measure A Expended in FY 12/13 Measure A Funds Carry Over Estimated Completion Status 1 8043 Pavement Resurfacing Maintenance $ 7,874,363 $ 953,559 $ - $ 953,559 Jun-14 Project scheduled in FY 13/14 2 8051 Monroe Ave: Symphony - Los Alamos Construction $ 2,470,971 $ - $ - $ Jun-12 Completed 3 8079 Murrieta Hot Springs Widening Construction $ 4,482,089 $ 2,440,370 $ 2,813 $ 2,437,557 Jun-14 Acquire ROW, start const in 2014 4 8137 Resurfacing - Slurry Seal Construction $ 2,860,456 $ 1,865,710 $ 1,448,937 $ 416,773 Dec-13 Start in August 2013 5 8257 Citywide Signal Mods Construction $ 423,674 $ 103,599 $ 54,080 $ 49,519 Jun-13 Ongoing annual project 6 8283 Traffic Striping Modifications « Construction $ 62,179 $ 49,837 $ 36,059 $ 13,778 Jun-13 Ongoing annual project 7 8293 Sidewalk Replacement Construction $ 169,752 $ 142,220 $ 7,539 $ 134,681 Jun-13 Ongoing annual project 8 8303 I-215/Clinton Keith Rd Interchange Construction $ 517,574 $ 7,887 $ - $ 7,887 Jun-13 Project closeout in progress 9 8311 I-15/Los Alamos Rd Overcrossing Construction $ 9,941,137 $ 799,492 $ 6,691 $ 792,801 Dec-14 Start const. in July 2013 10 8323 Guava Bridge/Murrieta Creek Construction $ 7,166,456 $ 60,092 $ - $ 60,092 Jun-15 Start const. in June 2014 11 8330 Traffic Signal Optimization Construction $ 489,006 $ 122,500 $ $ 122,500 Jun-13 Ongoing annual project 12 8389 Whitewood: Hunter to Clinton Keith Construction $ 1,210,582 $ 1,085,000 $ - $ 1,085,000 Jun-14 Start const. in March 2014 13 8430 Neighborhood Traffic Management Pro Construction $ 168,109 $ 68,109 $ 67,357 $ 752 Jun-13 Ongoing annual project 14 8433 Mur Hot Springs Medians: Alta to Marg Construction $ 1,274,775 $ 815,415 $ 109 $ 815,306 Jun-14 Start const. in Jan 2014 15 8456 Whitewood Extension Construction $ 503,655 $ 436,451 $ 78,354 $ 358,097 Jun-14 Alignment study underway 16 10012 Jackson Ave Median I Construction $ 60,000 $ 49,478 $ 10,646 $ 38,832 Jun-14 Start const. in Sept. 2013 17 COP 2007 for 15/215 MHS Interchange Debt Service $ 728,932 $ Apr-27 Ongoing TOTALS $ 40,403,710 $ 8,999,719 $ 1,712,585 $ 7,287,134 MEASURE A FUNDS AVAILABLE FOR NEXT FISCAL YEAR $ 7,287,134 Project previously listed as 8293 Traffic Striping Modifications, should have been CIP 8283 Traffic Striping Modifications 467 f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF NORCO FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 468 CITY of NORCO CITY HALL • 2870 CLARK AVENUE • NORCO CA 92880 • (951) 735-3900 • FAX (951) 270-5822 July 2, 2013 Theresia Trevino, Chief Financial Officer Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 RE: 2013 — 2018 Measure A Local Streets and Roads Five -Year Capital Improvement Program Plan Dear Ms. Trevino: The City of Norco is pleased to submit for your consideration and approval our Five - Year Measure "A" Capital Improvement Program Plan projections, commencing with Fiscal Year 2013/14. We have included for your records a copy of the City of Norco approved Five -Year Measure A Capital Improvement Program Fund, and the Annual Certification of the City's "Maintenance of Effort" document signed by City Manager, Beth Groves. If you have any additional questions, regarding the City of Norco 2013 submittal, please contact me at 951-270-5607. We appreciate your cooperation and assistance with the City of Norco's planned expenditures for maintenance and capital improvements to our local streets and roads. Thank You, e. William R. Thompson Director of Public Works City of Norco Attachments: City of Norco Five -Year CIP Measure "A" 5-Year CIP Maintenance of Effort Letter CITY COUNCIL KATHY AZEVEDO Mayor BERWIN HANNA KEVIN BASH HERB HIGGINS Mayor RoTan Coundl Member Coundl Member 469 HARVEY SULLIVAN Cain Member 2013/2014 111AINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the City of Norco (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $22,536, approved by the Commission at its July 13, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: ignx zu , 2013 �t eth Groves, City Manager 470 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE "A"LOC4L FUNDS PROGRAM PROJECT STATUS REPORT 2012-2013 Agency: City of Norco Page 6 of 8 Prepared by: William R. Thompson Phone #: 951-270-5601 Date: June 30, 2013 /v i Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Estimated Completion Status 1 Unspedfed Pavement Overlays Overlay 350 50 Complete 2 Rocky View - Hilltop Lane Overlay 75 0 2013/14 Moved to 2013/14 3 Hillside Ave. - Sixth St. to River Dr. Overlay 200 0 2013/14 Moved to 2013/14 4 Unspecified Rehabilitation and Overlay Overlay/Reconstruction 350 40 Partial Completion 5 Bluff St. - River Road to Vine St Overlay/Reconstruction 100 0 City Funding 6 Corona Ave.. - First St. to Second St. Overlay/Reconstruction 200 0 2013/14 Moved to 2013/14 7 Reservoir Dr. - Corona to Temescal Ave. Overlay/Reconstruction 150 0 2013/14 Moved to 2013/14 8 Third St. - Valley View to Corona Overlay/Reconstruction 500 0 2013/14 Moved to 2013/14 9 Detroit Ave. - Old Hamner to Hamner Ave. Overlay 200 50 Complete 10 Norconlan Dr. - Fifth St. to Sixth St. Reconstruction 200 0 2013/14 Moved to 2013/14 11 Hamner Ave. - No. of Santa Ana River Reconstruction 600 600 Complete 12 Misc. Reconstruction Projects Reconstruction 100 0 2013/14 Moved to 2013/14 13 Crestview Dr. - North Dr. to Sixth St. Overlay/Reconstruction 25 0 2013/14 Moved to 2014/15 14 Traffic Signal Improvements Signal 50 5 Partial Completion 15 Traffic Signal Improvements - Fifth St. Signal 50 0 City Funding 16 First St. - Parkridge, Lincoln - Grant Match Signal 12.5 0 Fall 2013 Moved to 2013/14 17 Street Striping Striping 30 8 Partial Completion 18 Miscellaneous Seal Coats Seal Coat 25 22 Complete 19 Miscellaneous Pavement Repairs Street Maintenance 30 30 Complete TOTALS: 3,247.5 805.0 471 Agency: City of Norco Page_DA 6 Prepared by; William R. Thompson Phone #: 951-270-5601 Date: June 30, 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Estimated Prior Year Measure A Balance: Estimated FY 2013-2014 Measure A Allocation: Estimated Measure A Available for FY 2013-2014 Projects: $2,762,594 $533,000 $3,295,594 Item No. Project Name / Limits Project Type Total Cost Measure A Funds _ ($000's) ($000's) 1 Unspecified Pavement Overlays Overlay 200 100 2 Rocky View — Hilltop Lane Overlay 75 50 3 4 Hillside Ave. — Sixth St. to River Dr. Overlay 200 150 Unspedfled Rehabilitation and Overlay Overlay/Reconstruction 200 100 5 Third St. — Valley View to Corona Overlay/Reconstruction 400 250 6 Reservoir Dr. — Corona to Ternescal Ave. Overlay/Reconstruction 50 50 7 Corona Ave.. — First St. to Second St. Overlay/Reconstruction 200 200 8 Golden Gate Circle Overlay/Reconstruction 25 25 9 Norconian Dr. — Fifth St. to Sixth St. Overlay 200 200 10 Misc. Reconstruction Projects Reconstruction 250 150 11 Traffic Signal Improvements Signal. 25 15 12 First St. — Partridge, Lincoln — Grant Match Signal 20 20 13 14 Street Striping Striping 50 25 Miscellaneous Seal Coats Seal Coats 50 25 15 Miscellaneous Pavement Repairs Street Maintenance 30 30 16 0 0 17 0 0 18 0 0 19 0 0 TOTALS: 1,975.0 1,390.0 472 Agency: City of Norco Page 2 of 6 Prepared by: William R. Thompson Phone #: 951-270-5601 Date: June 30, 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Estimated Prior Year Measure A Balance: Estimated FY 2014-2015 Measure A Allocation: Estimated Measure A Available for FY 2014-2015 Projects:, $1,905,594 $549,000 $2,454,594 --- Item Total Cost Measure A Funds No. Project Name / Limits Project Type ($000's) ($000's) 1 Unspecified Pavement Overlays Overlay 300 150 2 Unspecified Rehabilitation and Overlay Overlay/Reconstruction 300 150 3 Unspecified Street Reconstruction Overlay/Reconstruction 300 150 4 Crestview Dr. — North Dr. to Sixth St. Overlay/Reconstruction 450 300 5 Traffic Signal Improvements Signal 20 15 6 Street Striping Striping 30 25 7 Miscellaneous Seal Coats Seal Coat 25 25 8 Unspecified Slurry Seal Slurry Seal 50 25 9 Miscellaneous Pavement Repairs Street Maintenance 50 30 10 0 0 li 0 0 12 0 0 13 0 0 14 0 0 15 0 0 16 0 0 17 0 0 18 0 0 19 0 0 TOTALS: • 1,525.0 870.0 - 473 Agency: City of Norco Page 3 of ,� . Prepared by: William R. Thompson Phone #: 951-270-5801 Date: June 30, 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Estimated Prior Year Measure A Balance: Estimated FY 2015-2016 Measure A Allocation: Estimated Measure. A Available for FY 2015-2015 Projects: $1,584,594 $565,000 $2,149,594 Item Total Cost Measure A Funds No. Project Name / Limits Project Type ($000's) ($000's) 1 Unspedfied Pavement Overlays Overlay 300 150 2 Unspecified Rehabilitation and Overlay Overlay/Reconstruction 300 150 3 Unspecified Street Reconstruction Overlay/Reconstruction 300 150 4 Traffic Signal Improvements Signal 15 15 5 Street Striping Striping 40 25 6 Miscellaneous Seal Coats Seal Coat 50 25 7 . Miscellaneous Pavement Repairs Street Maintenance 25 25 8 0 0 9 0 0 10 0 0 11 0 0 12 0 0 13 0 0 14 0 0 15 0 0 16 0 0 17 0 0 18 0 0 19 0 0 TOTALS: 1,030.0 540.0 474 Agency: City of Norco Page 4 of 4 Prepared by: William R. Thompson Phone #: 961-270-6601 Date: June 30, 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Estimated Prior Year Measure A Balance: Estimated FY 2016-2017 Measure A Allocation: Estimated Measure A Available for FY 2016-2017 Projects: $1,609,594 $582,000 ✓ $2,191,594 ✓ Item No. Project Name ! Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Unspecified Pavement Overlays Overlay 300 150 2 Unspecified Rehabilitation and Overlay Overlay/Reconstruction 300 150 3 Unspecified Reconstruction Overlay/Reconstruction 300 150 4 Hillside Avenue - Second St. to Third St. Design 25 20 5 Traffic Signal Improvements Signal 30 15 6 Street Striping Striping 50 25 7 Miscellaneous Seal Coats Seal Coat 30 25 8 Miscellaneous Pavement Repairs Street Maintenance 50 25 9 0 0 10 0 0 11 0 0 12 0 0 13 0 0 14 0 0 15 0 0 16 _ 0 0 17 0 0 18 0 0 19 0 0 TOTALS: 1,085.0 560.0 475 Agency: City of Norco Page S_of A Prepared by: William R. Thompson Phone #: 951-270-5601 Date: June 30, 2013 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2014 - 2018 Estimated Prior Year Measure A Balance: Estimated FY 2017-2018 Measure A Allocation: Estimated Measure A Available for FY 2017.2018 Projects: $1,631,594 $599,000 $2,230,594 !/ Item Total Cost Measure A Funds No. Project Name I Limits Project Type ($000's) ($000's) 1 Unspecified Pavement Overlays Overlay 150 100 2 Unspecified Rehabilitation and Overlay Overlay/Reconstruction 150 100 3 Unspecified Street Reconstruction Overlay/Reconstruction 300 150 4 Hillside Avenue - Second St. to Third St. Overlay/Reconstruction 450 50 5 Traffic Signal Improvements Signal 20 10 6 Street Sbiping Striping 25 25 7 Miscellaneous Seal Coats Seal Coat 25 25 8 Miscellaneous Pavement Repairs Street Maintenance 50 25 9 Hidden Valley Parkway Reconstruction 25 25 10 0 0 11 0 0 12 0 0 13 .0 0 14 0 0 15 0 0 16 0 0 17 0 0 18 0 0 19 _ 0 0 TOTALS: 1,195.0 510.0 476 f NM Riverside County Transportation Commission Measure A Local Streets and Roads CITY OF WILDOMAR FIVE YEAR CIP 2014-2018 MOE CERTIFICATION AND PROJECT STATUS REPORT CIP FY 12/13 477 FY 2013/14 MAINTENANCE OF EFFORT CERTIFICATION STATEMENT The undersigned agrees and certifies for the city of Wildomar (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $22,100, approved by the Commission at its July 10, 2013 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction or loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission. Dated: 2013 ��--> _-74r (5) CITY MANAGE' ATTEST: SECRETARY 478 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2013 - 2018 Agency: City of Wildomar Page: 1 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Estimated Prior Year Measure A Balance: $ 470,790 Estimated FY 2013-2014 Measure A Allocation: $ 487,000 Estimated Measure A Available for FY 2013-2014 Projects: $ 957,790 2013-2014 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Accessibility Improvements Sidewalk, ramps, repairs, pedestrian and ADA improvements $ 20,000 $ 20,000 2 Road Safety Improvements Remove, replace, install signs, pavement markings, related roadway safety improvements $ 40,000 $ 40,000 3 Slurry Seal and Overlay Program Remove, Repair, Crack Fill, Slurry Seal as needed $ 300,000 $ 300,000 3A Clinton Keith Road (George Ave to Copper Craft) Overlay/Slurry Remove, Repair, Crack Fill, portion Overlay, portion Slurry $ 250,000 $ 250,000 Seal 4 Roadway Improvement to Unpaved Rds & Drainage Repair or reconstruct unpaved roadways $ 33,000 $ 33,000 5 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 127,000 $ 127,000 6 Public Works Cost Allocation Inter Transfer Funds $ 38,960 $ 38,960 (8% off the top Measure A) TOTALS $ 808,960 $ 808,960 479 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2013 - 2018 Agency: City of Wildomar Page: 2 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Estimated Prior Year Measure A Balance: $ 148,830 Estimated FY 2014-2015 Measure A Allocation: $ 502,000 Estimated Measure A Available for FY 2014-2015 Projects: $ 650,830 2014-2015 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Accessibility Improvements Sidewalk, ramps, repairs, pedestrian and ADA improvements $ 20,000 $ 20,000 2 Road Safety Improvements Remove, replace, install signs, pavement markings, related roadway safety improvements $ 40,000 $ 40,000 3 Slurry Seal and Overly Program Remove, Repair, Crack Fill, Slurry Seal as needed $ 300,000 $ 300,000 4 Roadway Improvement to Unpaved Rds & Drainage Repair or reconstruct unpaved roadways $ 33,000 $ 33,000 5 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 127,000 $ 127,000 6 Public Works Cost Allocation Inter Transfer Funds $ 40,160 $ 40,160 (8% off the top Measure A) TOTALS $ 560,160 $ 560,160 480 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2013 - 2018 Agency: City of Wildomar Page: 3 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Estimated Prior Year Measure A Balance: $ 90,670 Estimated FY 2015-2016 Measure A Allocation: $ 517,000 Estimated Measure A Available for FY 2015-2016 Projects: $ 607,670 2015-2016 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Accessibility Improvements Sidewalk, ramps, repairs, pedestrian and ADA improvements $ 20,000 $ 20,000 2 Road Safety Improvements Remove, replace, install signs, pavement markings, related roadway safety improvements $ 40,000 $ 40,000 3 Slurry Seal and Overly Program Remove, Repair, Crack Fill, Slurry Seal as needed $ 300,000 $ 300,000 5 Roadway Improvement to Unpaved Rds & Drainage Repair or reconstruct unpaved roadways $ 33,000 $ 33,000 6 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 127,000 $ 127,000 7 Public Works Cost Allocation Inter Transfer Funds $ 41,360 $ 41,360 (8% off the top Measure A) TOTALS $ 561,360 $ 561,360 481 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2013 - 2018 Agency: City of Wildomar Page: 4 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Estimated Prior Year Measure A Balance: $ 46,310 Estimated FY 2016-2017 Measure A Allocation: $ 533,000 Estimated Measure A Available for FY 2016-2017 Projects: $ 579,310 2016-2017 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Accessibility Improvements Sidewalk, ramps, repairs, pedestrian and ADA improvements $ 20,000 $ 20,000 2 Road Safety Improvements Remove, replace, install signs, pavement markings, related roadway safety improvements $ 40,000 $ 40,000 3 Slurry Seal and Overly Program Remove, Repair, Crack Fill, Slurry Seal as needed $ 300,000 $ 300,000 4 Roadway Improvement to Unpaved Rds & Drainage Repair or reconstruct unpaved roadways $ 33,000 $ 33,000 5 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 127,000 $ 127,000 6 Public Works Cost Allocation Inter Transfer Funds $ 42,640 $ 42,640 (8% off the top Measure A) TOTALS $ 562,640 $ 562,640 482 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM FY 2013 - 2018 Agency: City of Wildomar Page: 5 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Estimated Prior Year Measure A Balance: $ 16,670 Estimated FY 2017-2018 Measure A Allocation: $ 549,000 Estimated Measure A Available for FY 2017-2018 Projects: $ 565,670 2017-2018 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) 1 Accessibility Improvements Sidewalk, ramps, repairs, pedestrian and ADA improvements $ 20,000 $ 20,000 2 Road Safety Improvements Remove, replace, install signs, pavement markings, related roadway safety improvements $ 40,000 $ 40,000 3 Slurry Seal and Overly Program Remove, Repair, Crack Fill, Slurry Seal as needed $ 300,000 $ 300,000 4 Roadway Improvement to Unpaved Rds & Drainage Repair or reconstruct unpaved roadways $ 33,000 $ 33,000 5 Citywide Maintenance Program Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets $ 127,000 $ 127,000 6 Public Works Cost Allocation Inter Transfer Funds $ 43,920 $ 43,920 (8% off the top Measure A) TOTALS $ 563,920 $ 563,920 483 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A LOCAL FUNDS PROGRAM PROJECT STATUS REPORT FY 2012-2013 Agency: City of Wildomar Page: 6 of 6 Prepared by: Tim D'Zmura, Public Works Director Phone #: 951.677.7751 Date: May 9, 2013 Item No. Project Name / Limits Project Type Total Cost ($000's) Measure A Funds ($000's) Estimated Completion Status 1 2 3 4 5 6 Accessibility Improvements Road Safety Improvements Slurry Seal and Overly Program Roadway Improvement to Unpaved Rds & Drainage Citywide Maintenance Program Public Works Cost Allocation (8% off the top Measure A) Sidewalk, ramps, repairs, pedestrian and ADA improvements Remove, replace, install signs, pavement markings, related roadway safety improvements Remove, Repair, Crack Fill, Slurry Seal as needed Repair or reconstruct unpaved roadways Right-of-way maintenance and repair to include but not limited to: striping, stenciling; repairs to streets and culvert/drainage facilities; storm damage/flood control projects; widening streets Inter Transfer Funds $ 20,000 $ 40,000 $ 350,000 $ 100,000 $ 247,000 $ 37,680 $ 20,000 $ 40,000 $ 350,000 $ 100,000 $ 247,000 $ 37,860 $ - $ - $ - $ - $ - $ This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. This is an ongoing program at City. Unexpended funds will carry over into FY 13/14. $ 794,680 $ 794,860 484 AGENDA ITEM 81 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Grace Alvarez, Senior Staff Analyst Eric DeHate, Staff Analyst Theresia Trevino, Chief Financial Officer Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: 2009 Measure A Maintenance of Effort Base Year Approval for City of Menifee BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the 2009 Measure A Maintenance of Effort (MOE) base year level of $214,225 for the city of Menifee (Menifee). BACKGROUND INFORMATION: Measure A imposes several requirements on local agencies in order to receive local streets and roads funds. The 2009 Measure A ordinance continued the requirement for local agencies to maintain the current commitment of local discretionary expenditures toward transportation construction and maintenance activities. This requirement is to ensure that Measure A funds supplement current expenditures, not supplant. In accordance with the 2009 Measure A ordinance, if local agencies do not meet their respective MOE base year level in a given year, the local agency will not be eligible for any Measure A funds the following year. At its July 2010 meeting, the Commission approved the MOE guidelines developed by staff and the Technical Advisory Committee (TAC). The guidelines also indicated the implementation of the 2009 MOE base year levels would be applicable to FY 2011/12. For the first two years of the 2009 Measure A program for FY 2009/10 and FY 2010/11, the Commission approved the use of the 1989 Measure A MOE base year amounts, or the Proposition 42 MOE amount for cities incorporated in or after 1989. The 2009 Measure A MOE annual certification process is as follows: • Local agencies complete the MOE report template to include discretionary general fund expenditures for construction and maintenance activities for the reporting year; • General ledger documentation/forms must be submitted as an attachment to the MOE report template; Agenda Item 81 485 " MOE reports will be submitted to the Commission's auditor; " Commission staff will report to the TAC and Commission regarding the outcome of the auditor's findings regarding agencies meeting the MOE base year levels; and " Local agencies that do not meet the MOE base year may submit a request for special consideration, which will be presented to the Commission. Menifee prepared the 2009 MOE base year calculation, based on discretionary general fund expenditures for transportation related construction and maintenance activities that occurred in FY 2011/12. The MOE guidelines pertaining to newly incorporated cities require those cities to determine their respective MOE base year levels after the third year of incorporation. Staff recommends approval of the MOE base year of $214,225, as indicated in the attachment. Attachment: FY 2011/12 Construction and Maintenance Expenditures for Menifee Agenda Item 81 486 FY 2011/12 Construction and Maintenance Expenditures (Round to nearest dollar) Funding Breakdown Project Expenditures Included in General Ledger Total Cost Construction: Traffic Engineering $ 156,211.15 National Pollutant Discharge Elimination System (NPDES) $ 54,275.00 Development Plan Review $ 272,743.93 Inspection $ 174,237.00 Grant Application Consultting $ 6,336.64 Safe Routes to School -Match Funding $ 6,534.00 Maintenance: Lake Elsinore/Canyon Lake TMDL $ 20,458.00 Pavement Management Plan $ 39,954.24 Quail Valley Sewer Plan&fees $ 13,688.50 NPDES Cost Share $ 29,141.00 Miscellaneous Public Works $ 2,769.00 Plan Review -City Projects $ 8,757.06 Tradewinds Project (for County RDA) $ 90,053.76 General Fund $ 156,211.15 $ 54,275.00 $ 272,743.93 $ 174,237.00 $ 6,336.64 $ 6,534.00 Meas A Federal State City Funds Other $ 20,458.00 $ 39,954.24 $ 13,688.50 $ 29,141.00 $ 2,769.00 $ 8,757.06 $ 90,053.76 Engineering/Administrative Overhead Not Allocated to Specific Projects: City Engineering $ 194,638.28 $ 194,638.28 PW Administration Expenditure Totals Deductions for Special Consideration (Deductions Must Also Be Included in Project Expenditures Above): Construction: Development Plan Review & Inspection National Pollutant Discharge Elimination System (NPDES) Grant Application Services Maintenance: Lake Elsinore/Canyon Lake TMDL Quail Valley Sewer Plan NPDES Cost Share Tradewinds Project (contract with County RDA) Engineering/Administrative Overhead Not Allocated to Specific Prs: Deduct Totals $ 39,097.41 $ 39,097.41 1,108,894.97 $ 1,108,894.97 Total Project Cost General Fund State Reason Why Project Expenditure Should Be Deducted from MOE $ 446,980.93 $ 446,980.93 Paid from developer deposits (non General Fund) $ 54,275.00 $ 54,275.00 Not transportation related $ 6,336.64 $ 6,336.64 Not transportation related $ 20,458.00 $ 20,458.00 Not transportation related $ 13,689.00 13,689.00 Not transportation related $ 29,141.00 29,141.00 Not transportation related $ 90,054.00 $ 90,054.00 One time expenditure 233,735.69 $ 233,735.69 894,670.26 Total GF Expenditures $ 1,108,894.97 minus Deductions 894,670.26 MOE Base Year 214,224.71 AGENDA ITEM 8J RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Grace Alvarez, Senior Staff Analyst Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Federal Surface Transportation Program 2013 Call for Rehabilitation Projects — Additional Project Programming BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve programming federal Surface Transportation Program (STP) funds for pavement rehabilitation projects in the amount of $219,989 as presented. BACKGROUND INFORMATION: At its March 2013 meeting, the Commission approved a 2013 Call for Rehabilitation Projects to be funded with federal STP funds in the amount of $13.8 million. The amount available is a set aside of 20 percent of its annual apportionment of STP funds over three years for pavement rehabilitation type work, resulting in approximately $13.8 million based on Riverside County's FFY 2012/13 STP apportionment estimate provided by Caltrans. Criteria used for establishing allocation targets for each city and the county of Riverside were 2010 Census population and Federal Functional Classification System lane miles, which were weighted 50/50. STP funds are required to be matched at a minimum of 11.47 percent. Staff received applications to fund 21 projects by the April 1, 2013, deadline and an additional six projects were received after the April 1 deadline, which were brought forward for action at the May and June Commission meetings. At the time the STP 2013 Call for Rehabilitation Projects was released, it was agreed that agencies would be given more time to submit applications. The city of Beaumont submitted its 8th Street Pavement Rehabilitation grant application on August 8. Staff reviewed the city of Beaumont project submittal for completeness and recommends the Committee approve the STP funds requested in the amount of $219,989; local funds committed for the construction phase total $171,391. Staff expects the project to be obligated by the end of FFY 2014/15. The Commission will be updated on the status of delayed projects, if any. Agenda Item 81 488 Upon Commission approval, staff will program the project in the Federal Transportation Improvement Program (FTIP). Once the project is in an approved FTIP, the city of Beaumont will work with Caltrans District 8 Office of Local Assistance to complete the federal requirements for obligating the funds. With approval of this request, a total of $13,607,286 in STP funds will have been programmed, resulting in a balance available of $192,714. The following two local agencies have not submitted projects for STP rehabilitation funds — cities of Blythe and Indian Wells. Staff recommends allowing these agencies more time to submit their respective project(s). If these agencies have not submitted rehabilitation projects by October 1, 2013, the remaining funds will be added to the STP for the 2013 Multi -Funding Call for Projects. Federal STP funds are administered through Caltrans; therefore there is no financial impact to the Commission. Attachment: Additional Project Programming for the STP 2013 Call for Rehabilitation Projects Agenda Item 81 489 RIV130401 AND RIV130402 GROUPED PROJECT LISTING FOR PAVEMENT REHABILITATION AGENCY PROJECT TITLE/DESCRIPTION PROJECT LIMITS FEDERAL FUNDS (STPL) 000'S STATE/LOCAL FUNDS - OOOS TOTAL PROJECT COST Beaumont 8th Street Resurfacing, Restoration, and Rehabilitation 8th Street between Pennsylvania Ave (westbound limit) to Xenia Avenue (eastbound limit) $220 $171 $391 Totals - Aug 2013 $220 $171 $391 Projects approved May 2013 $12,119 $4,340 $16,459 Project approved June 2013 $1,268 $989 $2,257 Total projects approved as of Aug. 2013 $13,607 $5,500 $19,107 Total STP funds available $13,800 Remaining STP funds* $193 * Blythe $150,011 and Indian Wells $42,703. 490 AGENDA ITEM 8K RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: 2014 State Transportation Improvement Program Intra-County Formula Adjustment BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the 2014 State Transportation Improvement Program (STIP) intra-county formula percent adjustment. BACKGROUND INFORMATION: Per the STIP intra-county memorandum of understanding (MOU), the formula percentage applied to the STIP programming capacity must be adjusted to reflect the current apportionment of Measure A taxable sales by geographic area. The adjustment is to be done each odd year prior to the submittal of the STIP to the California Transportation Commission (CTC). Based on the taxable sales by geographic area used for the FY 2012/13 Measure A allocations, the percentage split is as follows: Western County: Coachella Valley: Palo Verde Valley: 75.17% 24.12% 0.71% The table below depicts the changes in taxable sales by geographic area over the past 15 years: Fiscal Year Western County Coachella Valley Palo Verde Valley 1998/99 72.54% 26.26% 1.20% 1999/00 72.31% 26.61% 1.08% 2000/01 72.08 % 26.91 % 1.01 % 2001/02 72.15 % 26.93 % 0.92% 2002/03 73.28% 25.81% 0.91% 2003/04 73.72 % 25.33 % 0.95% 2004/05 74.45 % 24.76 % 0.79% 2005/06 74.13% 25.16% 0.71% Agenda Item 8K 491 2006/07 74.17% 25.10% 0.72 % 2007/08 74.46% 24.84% 0.70% 2008/09 75.27% 23.97% 0.76% 2009/10 74.92% 24.35% 0.73% 2010/11 75.60% 23.69% 0.72% 2011/12 75.88% 23.43% 0.68% 2012/13 75.17% 24.12% 0.71% 15yr average 74.01% 25.15% 0.84% The 2014 STIP programming capacity for Riverside County is $66,804,000. The CTC's STIP guidelines allow regions to program up to five percent of STIP funding for planning, programming, and monitoring (PPM). The Commission has traditionally set aside two percent of the total for PPM activities associated with STIP development, project development, and planning and monitoring of projects. The STIP intra-county formula with the above percentages results in the following allocation of 2014 STIP funds: 2014 STIP Total Riverside County Share $66,804,000 2% PPM 1,336,080 Total New Project Programming $ 65,467,920 Western County 75.17% $ 49,212,236 Coachella Valley 24.12% 15,790,862 Palo Verde Valley 0.71% 464,822 Staff will recommend programming of funds for Western County. CVAG is responsible for recommending programming of funds allocated to the Coachella Valley. Staff will work with the city of Blythe and the county of Riverside regarding the Palo Verde Valley STIP recommendation. Adoption of the 2014 STIP by the CTC is scheduled in March 2014. Regions are to submit their respective STIP proposals to the CTC by December 15, 2013. Therefore, the 2014 STIP submittal will be presented for approval at the November Commission meeting. There is no financial impact, as the STIP funds do not flow directly through the Commission. Agenda Item 8K 492 AGENDA ITEM 8L RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Grace Alvarez, Senior Staff Analyst Eric De Hate, Staff Analyst Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Years 2013/14 Annual Local Transportation Fund Planning Allocations to Western Riverside Council of Governments and Coachella Valley Association of Governments BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This Item is for the Commission to approve an allocation of Local Transportation Fund (LTF) planning funds in the amount of $598,100 to the Western Riverside Council of Governments (WRCOG) and $326,300 to the Coachella Valley Association of Governments (CVAG) to support transportation planning programs and functions as identified in each agency's FY 2013/14 LTF Program Objectives/Work Plan (Work Plan). BACKGROUND INFORMATION: Pursuant to section 99233.2 of the Transportation Development Act (TDA), code of regulations, up to three percent of the annual LTF revenues shall be allocated for transportation planning and programming purposes. The TDA also requires one half of these LTF funds to be allocated for planning activities within the Western Riverside County and the Coachella Valley areas as determined by the Commission. WRCOG submitted its Work Plan that identifies two key program areas — planning and energy/environmental programs and regional transportation programs, consisting of: 1) Planning; 2) Air quality, energy efficiency, and sustainability; 3) Transportation Uniform Mitigation Fee; 4) Riverside County Transportation Commission programs; and 5) Miscellaneous and GIS Agenda Item 8L 493 CVAG submitted its Work Plan that identified nine program areas including: 1) Transportation department operations; 2) Project management and contract administration; 3) CVlink (formerly described as Parkway 1e11 and/or the Whitewater River Trail) Project Development (Phased); 4) Riverside County Transportation Commission programs; 5) Planning, programming, and monitoring program; 6) Miscellaneous programs; 7) Congestion Management/Air Quality Programs; 8) Transportation Uniform Mitigation Fee program; and 9) Governmental and special projects. Staff reviewed the work plans and found them consistent with the Commission's overall transportation programming and planning objectives. The amounts of LTF funding available to WRCOG ($598400) and CVAG ($326,300) are included in the Commission's FY 2013/14 budget. Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $924,400 Source of Funds: Local Transportation Funds Budget Adjustment: No GL/Project Accounting No.: 106 65 86205 Fiscal Procedures Approved: \I-it€44.u.4J Date: 08/14/2013 Attachment: 1) WRCOG FY 2013/14 LTF Program Objectives/Work Plan 2) CVAG FY 2013/14 LTF Program Objectives/Work Plan Agenda Item 8L 494 ATTACHMENT 1 WRCOG Fiscal Year 2013/2014 Local Transportation Funds Program Objectives The Work Plan for FY 2014 is divided into two program areas: 1. Planning Programs and Energy/Environment Programs California Air Resources Board Department of Energy (DOE) and California Energy Commission South Coast Air Quality Management District (SCAQMD) Southern California Edison Southern California Associations of Governments Strategic Growth Council CALCOG Planning: This program includes the following activities: staff time to develop a Sub Regional Climate Action Plan in conjunction with a three year grant from the Strategic Growth Council, continued participation with SCAG and other regional planning _agencies; and continued support for the WRCOG Planning Directors TAC to review, analyze and make recommendations to the WRCOG Executive Committee on the sub regional growth forecast, the regional Housing Needs Assessment, the Regional Transportation Plan and legislation that will impact/assist the implementation of AB 32 and SB 375. Air Quality, Energy Efficiency and Sustainability: These programs include the following activities: continued participation in EPA and Air Resources Board hearings; continued staff participation in SCAQMD activities and rule -making, participation in the development of the 2015 AQMP; provide outreach and to the jurisdictions regarding air quality issues and funding opportunities; support WRCOG Clean Cities and programs that WRCOG has developed to reduce emissions through energy efficiency and water conservation; continued participation in the National Clean Cities Program; assist in the purchase of alternative fuel, vehicles and the development of the supporting infrastructure. V:\GAivare- rF FY1314.do 495 2. Regional Transportation Programs Riverside County Transportation Commission Riverside Transit Agency (RTA) Caltrans Southern California Association of Governments CALCOG TUMF: This program includes staff time to date the Nexus Sudy; to administer the TUMF Program which includes but is not limited to: program contract/agreement administration; public outreach/information; the Annual Report; signage program TUMF Zone TIP development and amendments; prepare the annual audit; preparation of annual adjustment for construction costs; maintain TUMF data base of fee collections and disbursements; work with developers on credit and reimbursement agreements; develop and maintain a GIS database to support the Program. Riverside Transportation Commission Programs: These programs include staff time and project management to assist in transportation planning and air quality programs to include: participation in TUMF Program tasks as needed to assist RCTC in the implementation of the Regional TUMF Program; participate in evaluation committees as requested; and other planning related tasks as determined in consultation with the RCTC Executive Director. Miscellaneous and GIS: This Program includes staff time and project management to: cooperate with the County of Riverside and the RCA, participate with the local jurisdictions and regional partners GIS coverage analysis; develop databases and provide analysis and mapping to support RCTC's rail, STIP, TUMF and transit programs and projects; provide land use, population and employment and other GIS information to local and regional agencies, Caltrans, and other state agencies; legislative review and analysis. 496 ATTACHMENT 2 CVAG TRANSPORTATION DEPARTMENT PROGRAM GOALS AND OBJECTIVES FISCAL YEAR 2013/14 The Work Plan for 2013/14 is separated into nine main program areas: 1) Transportation Department Operations • Transportation Program Administration • Implementation of Transportation Project Prioritization Study (TPPS) • Capital Improvement Program (CIP) Update • Other Transportation Planning • Operations Management and Administration This program area performs primarily administrative functions which consist of general transportation program administrative activities and various transportation planning duties in support of the Transportation Department. (Funded from Measure A and TUMF) 2) Project Management and Contract Administration • Financial Cash Flow • Project Status Tracking • Preparation and Monitoring of Agreements Includes staff time to conduct project oversight (design, environmental, construction and close-out), preparation of reimbursement agreements for regional arterial projects, review and approval of project billings in accordance with project scope of work and participation in project development team meetings and associated staff reports. (Funded from Measure A, TUMF, LTF and Special Program Funds) 3) CVLink (formerly described as Parkway lell and/or the Whitewater River Trail) Project Development (Phased) • Project Development and Monitoring • Cash Flow Tracking • Grant Condition Monitoring Includes staff time to conduct project oversight of consultant services (preliminary environmental review and phased construction plans); review of project billings; participation in project development team meetings and preparation of associated reports. (Funded from Riverside County Regional Park and Open Space District Grant, Caltrans Environmental Justice Grant, California Strategic Growth Council Grant, PP&M, LTF, Sentinel Project AQMD Grant and Measure A) 497 4) Riverside County Transportation Commission (RCTC) Programs • Congestion Management Program/System (CMP/CMS) • RCTC Technical Advisory Committee • SB 821 Includes staff time to support the Riverside County Congestion Management Program; analysis of traffic patterns through the traffic count program; provide RCTC staff regional transportation project information for the State Regional Transportation Improvement Program (RTIP); support the RCTC Technical Advisory Committee. (Funded from LTF and TUMF) 5) Planning, Programming and Monitoring Program • Regional Transportation Improvement Program/State Transportation Improvement Program (RTIP/STIP) This area includes staff time in support of the State Transportation Improvement Program (STIP) and Regional Transportation Improvement Program (RTIP), support in implementation and updating of the CVAG Transportation Project Prioritization Study (TPPS), coordination of updates to the Capital Improvement Plan (CIP), and monitoring and examining impacts of implementing SB 45. TPPS activities support the regional project construction program which includes staff time to develop an annual prioritized list of construction projects and required financial resources. (Funded from PP&M, LTF and Measure A) 6) Miscellaneous Programs • GIS Information Services • Maintain Transportation Model • Regional Arterial Traffic Count Program This area involves support to multiple programs with a focus on key project areas. These areas include staff time and project management to maintain and provide input for GIS Information Services, the countywide transportation demand model, the regional arterial traffic count program, and transportation legislation review and analysis. GIS Information Services includes staff time to provide regional land use information to CVAG jurisdictions, developers, SCAG and Caltrans. The countywide transportation model involves support for the RIVTAM transportation model for forecasting projected transportation system needs to the year 2039. (Funded from Measure A, TUMF, and Special Program Funds) 498 7) Congestion Management /Air Quality Programs • CMAAQ Programs • Conformance with SIP requirements Involves Transportation Department staff support to CMAQ program areas. Also includes implementation of State Implementation Plan (SIP) conformance to CVAG regional projects. (Funded from CMAQ and Measure A) 8) Transportation Uniform Mitigation Fee (TUMF) Program • TUMF Program Administration • TUMF/GIS Interface • TUMF Audits Includes staff time in support of the TUMF program and TUMF/GIS Interface program. TUMF program activities include staff time to monitor the implementation of the TUMF program in member jurisdictions, to perform annual fiscal reviews of building permits and TUMF collections, to research, analyze and prepare reports for TUMF appeals, to enter TUMF collections in the TUMF data base, to meet with developers on request to review potential TUMF assessments, and to perform special TUMF analysis on request. The TUMF/GIS Interface program requires support for continuing the development of integrating the TUMF collection process with electronic transmission of new development information for land use coverages. (Funded from TUMF) 9) Governmental and Special Projects • Southern California Association of Governments (SCAG) The SCAG program includes staff time to coordinate the CVAG sub -region SCAG Program needs, develop annual growth projections, provide input to the Federal Regional Transportation Plan, and assist SCAG with transportation modeling refinements. Additionally staff performs specific transportation project work for SCAG. (Funded from Special Program Funds) • Special Projects Some proposed projects may involve general fund money or special grants. Any project not already a part of the regular work programs, will be brought through the committee process for approval of the proposed work. (Funded from Special Grant funds) 499 AGENDA ITEM 8M RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Shirley Medina, Planning and Programming Director Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Interstate 215 South Connector Gap Closure Project — Project Approval, Environmental Document, and Final Design WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the programming of federal Surface Transportation Program (STP) funds in the amount of $1,225,000 for the project approval and environmental document (PA&ED) and preliminary specifications and estimate (PS&E) phases; 2) Approve Agreement No. 14-31-004-00 with Caltrans for the PA&ED PS&E phases for the Interstate 215 South connector gap closure project; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Authorize the Executive Director, pursuant to legal counsel review, to execute any future non -funding related amendments. BACKGROUND INFORMATION: At its October 13, 2010 meeting, the Commission approved a contract with TRC Solutions, Inc. (TRC) to prepare the environmental document and project report for the 1-215 South connector gap closure project. This project will extend the third lane recently constructed by the Commission in the southbound direction from Murrieta Hot Springs Road to the 1-15 French Valley Parkway interchange project. The gap closure project is currently in the final design stage and will be constructed by the city of Temecula. While TRC has completed some of its work, changes to the French Valley Parkway interchange project configuration and schedule have resulted in changes to the scope of the 1-215 South connector gap closure project. The new configuration has recently been agreed upon and includes some enhancements to the project. Caltrans has agreed to fund $1 million of Safety Highway Operational Protection Program (SHOPP) funds toward this project. Agenda Item 8M 500 Because of the close coordination that will be required between the 1-15 French Valley Parkway interchange project and the 1-215 South connector gap closure project, and the fact that Caltrans has agreed to fund a portion of the project, staff recommends the Commission enter into a cooperative agreement with Caltrans to perform the remaining work on the PA&ED and PS&E phases. In this way, Caltrans is also able to contribute funds to pay for a portion of the support costs for the project. Funding for PA&ED and PS&E is proposed as follows: $1,225,000 — Federal STP $1,000,000 — Caltrans SHOPP $2,225,000 — Total PA&ED and PS&E To obtain the lowest overhead rates from Caltrans, staff recommends replacing Measure A funds previously approved for this project with federal STP funds. At this time, the 1-15 French Valley Parkway interchange project is estimated to complete construction in January 2018. Therefore, the schedule for this project anticipates being ready for construction immediately following the completion of the 1-15 French Valley Parkway interchange project. This action has no fiscal impact to the Commission's budget because the federal funds proposed for the project would flow directly to Caltrans. The TRC contract was approximately 43 percent complete and expended and has been terminated. The work completed by TRC will be utilized by Caltrans to the maximum extent possible. Attachment: Draft Agreement No. 14-31-004-00 with Caltrans Agenda Item 8M 501 08-RIV-215-R7.5/R 11.0 Project Number: 0800020431 EA: OF163 Agreement 08-1504 A/1 REPLACEMENT COOPERATIVE AGREEMENT This Agreement, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: Riverside County Transportation Commission, a public corporation/entity, referred to hereinafter as RCTC. RECITALS 1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. 2. CALTRANS and RCTC, collectively referred to as PARTNERS, entered into Agreement No. 08-1504, (ORIGINAL AGREEMENT) on November 8, 2011, defining the terms and conditions for _desires to add a third lane to the Interstate 215 (I-215) southbound connector at Murrieta Hot Springs Road up to the lane addition from the French Valley Phase II project (EA 43272). 3. The ORIGINAL AGREEMENT established that RCTC was to prepared and fund one hundred percent (100%) of all PROJECT costs associated with preparation of the Environmental document (ED), Project Approval (PA), Plans Specifications and Estimates (PS&E), and for Right of Way (R/W). CALTRANS was to fund (100%) of all Project costs associated with CALTRANS' Independent Quality Assurance. 4. PARTNERS now desire to have CALTRANS replace RCTC as the IMPLEMENTING AGENCY for PA&ED, PS&E and R/W. 5. PARTNERS now seek to replace the old District Agreement 08-1504 with Agreement 08- 1504 A/1(Agreement) in its entirety to reflect the change. RCTC will SPONSOR the capital costs and CALTRANS will SPONSOR the support cost. 6. For the purpose of this Agreement, Interstate 215 (I-215) in southwest Riverside County from one and one-half miles north of Murrieta Hot Springs Road to one mile south of French Valley Parkway; Construct a third mixed -flow lane in the median from Murrieta Hot Springs southbound off ramp to one-half Mile south of French Valley Parkway off -Ramp and an Auxiliary -lane from Murrieta Hot Springs SB Entrance Ramp to French Valley Parkway off - ramp, will be referred to hereinafter as PROJECT. 7. All responsibilities assigned in this Agreement to complete the following PROJECT COMPONENTS will be referred to hereinafter as OBLIGATIONS: PACT Version 2012 06 11 1 502 Agreement 08-1504 A/1 Project Number: 0800020431 • Project Approval and Environmental Document (PA&ED) • Plans, Specifications, and Estimate (PS&E) • Right of Way Support (R/W SUPPORT) • Right of Way Capital (R/W CAPITAL) 9. No PROJECT deliverables have been completed prior to this Agreement. 10. In this Agreement capitalized words represent defined terms and acronyms. 11. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement, under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 12. CALTRANS and RCTC will co-sponsor PROJECT. 13. CALTRANS is SPONSOR for 100% of PA&ED, PS&E and R/W SUPPORT. 14. RCTC is SPONSOR for 100% of R/W CAPITAL. 15. The FUNDING PARTNER(S) and the details of the funding commitments are documented in the latest FUNDING SUMMARY. 16. CALTRANS is IMPLEMENTING AGENCY for PA&ED. 17. CALTRANS is IMPLEMENTING AGENCY for PS&E. 18. CALTRANS is IMPLEMENTING AGENCY for RIGHT OF WAY. 19. CALTRANS is the CEQA lead agency for PROJECT. 20. CALTRANS is the NEPA lead agency for PROJECT. SCOPE Scope: General 21. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 22. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. 2 503 Agreement 08-1504 A/1 Project Number: 0800020431 23. Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. 24. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 25. PARTNERS will invite each other to participate in the selection of any consultants who participate in OBLIGATIONS. 26. If WORK is done under contract (not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of "public works" (section 1720(a)), that PARTNER will conform to sections 1720 — 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of the Department of Industrial Relations. 27. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this Agreement will be available to help resolve WORK related problems generated by that component for the entire duration of PROJECT. 28. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform activities within the SHS right of way without an encroachment permit issued in their name 29. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 30. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section 6254.5(e) shall protect the confidentiality of such documents in the event that said documents are shared between PARTNERS. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 31. If a PARTNER receives a public records request pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public documents. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 3 504 Agreement 08-1504 A/1 Project Number: 0800020431 32. If HM-1 or HM-2 is found during a PROJECT COMPONENT, IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. 33. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the existing SHS right of way. CALTRANS will undertake HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to PROJECT schedule. 34. If HM-1 is found within PROJECT limits and outside the existing SHS right of way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. RCTC, in concert with the local agency having land use jurisdiction over the parcel(s), will ensure that HM MANAGEMENT ACTIVITIES related to HM-1 are undertaken with minimum impact to PROJECT schedule. 35. If HM-2 is found within PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM-2. 36. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 37. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER's responsibilities in this Agreement. 38. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 39. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 40. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept, reject, compromise, settle, or litigate claims of any non -Agreement parties hired to do WORK in that component. 41. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this Agreement in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 4 505 Agreement 08-1504 A/1 Project Number: 0800020431 42. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 43. If FUNDING PARTNERS fund any part of OBLIGATIONS with state or federal funds, each PARTNER will comply, and will ensure that any party hired to participate in OBLIGATIONS will comply with the federal cost principles of 2 CFR, Part 225, and administrative requirements outlined in 49 CFR, Part 18. These principles and requirements apply to all funding types included in this Agreement. 44. PARTNERS will maintain and make available to each other all OBLIGATIONS -related documents, including financial data, during the term of this Agreement. 45. PARTNERS will retain all OBLIGATIONS -related records for three (3) years after the final voucher. 46. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA (if PROJECT utilizes federal funds), and RCTC will have access to all OBLIGATIONS -related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTNER will be permitted to make copies of any OBLIGATIONS -related records needed for the audit. The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTNERS have thirty (30) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to mediation. Mediation will follow the process described in the General Conditions section of this Agreement. 47. If FUNDING PARTNERS fund any part of PROJECT with state or federal funds, each FUNDING PARTNER will undergo an annual audit in accordance with the Single Audit Act of OMB Circular A-133. 48. If FUNDING PARTNERS fund any part of PROJECT with federal funds, any PARTNER that hires another party to participate in OBLIGATIONS will conduct a pre -award audit of that party in accordance with the Local Assistance Procedures Manual. 5 506 Agreement 08-1504 A/1 Project Number: 0800020431 49. PARTNERS will not incur costs beyond the funding commitments in this Agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will promptly notify SPONSOR. 50. If WORK stops for any reason, IMPLEMENTING AGENCY will place PROJECT right of way in a safe and operable condition acceptable to CALTRANS. 51. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER's responsibilities in this Agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 52. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included in the scope of this Agreement. Scope: Environmental Permits, Approvals and Agreements 53. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. If PARTNERS later determine that an environmental permit, approval or agreement is necessary PARTNERS will amend this Agreement to ensure completion and implementation of all environmental permits, approvals, and agreements. ENVIRONMENTAL PERMITS Permit Coordinate Prepare Obtain Implement Renew Amend 404USACOE CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS 401RWQCB CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS NPDESSWRCB CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS FESASection 7 USFWS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS 1602DFG CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS CALTRANS Scope: Project Approval and Environmental Document (PA&ED) 54. CALTRANS is the CEQA lead agency for PROJECT. CALTRANS will determine the type of environmental documentation required and will cause that documentation to be prepared. 55. Any PARTNER involved in the preparation of CEQA environmental documentation will follow the CALTRANS STANDARDS that apply to the CEQA process including the guidance provided in the Standard Environmental Reference (SER) available at www.dot.ca.gov/ser. 6 507 Agreement 08-1504 A/1 Project Number: 0800020431 56. Pursuant to Chapter 3 of Title 23, United States Code (23 U.S.C. 326) and 23 U.S.C. 327, CALTRANS is the NEPA lead agency for PROJECT. CALTRANS is responsible for NEPA compliance and will prepare any needed NEPA environmental documentation or will cause that documentation to be prepared. 57. Any PARTNER involved in the preparation of NEPA environmental documentation will follow FHWA and CALTRANS STANDARDS that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook (available at www.fhwa.dot.gov/hep/index.htm) and the Standard Environmental Reference (SER available at www.dot.ca.gov/ser). 58. CALTRANS will prepare the appropriate CEQA environmental documentation to meet CEQA requirements. 59. CALTRANS will prepare the appropriate NEPA environmental documentation to meet NEPA requirements. 60. Any PARTNER preparing any portion of the CEQA environmental documentation, including any studies and reports, will submit that portion of the documentation to the CEQA lead agency for review, comment, and approval at appropriate stages of development prior to public availability. 61. Any PARTNER preparing any portion of the NEPA environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability. 62. CALTRANS will prepare, publicize, and circulate all CEQA-related public notices and will submit said notices to the CEQA lead agency for review, comment, and approval prior to publication and circulation. 63. CALTRANS will prepare, publicize, and circulate all NEPA-related public notices. CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register. 64. The CEQA lead agency will attend all CEQA-related public meetings. 65. CALTRANS will plan, schedule, prepare materials for, and host all CEQA-related public meetings and will submit all materials to the CEQA lead agency for review, comment, and approval at least ten (10) working days prior to the public meeting date. 66. The NEPA lead agency will attend all NEPA-related public meetings. 67. CALTRANS will plan, schedule, prepare materials for, and host all NEPA-related public meetings. 7 508 Agreement 08-1504 A/1 Project Number: 0800020431 68. If a PARTNER who is not the CEQA or NEPA lead agency holds a public meeting about PROJECT, that PARTNER must clearly state its role in PROJECT and the identity of the CEQA and NEPA lead agencies on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA or NEPA public review process. That PARTNER will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the appropriate lead agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTNER makes any changes to the materials, it will allow the appropriate lead agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The CEQA lead agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. The NEPA lead agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities. 69. The PARTNER preparing the environmental documentation, including the studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that PROJECT remains in environmental compliance. Scope: Plans, Specifications, and Estimate (PS&E) 70. The responsibility to advertise, open bids, award, and approve the construction contract will be handled outside of this Agreement. Scope: Right of Way (R/W) 71. CALTRANS will provide a land surveyor licensed in the State of California to be responsible for surveying and right of way engineering. All survey and right of way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor. 72. CALTRANS will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of PROJECT or that violate CALTRANS' encroachment policy. 73. CALTRANS will provide a Right of Way Certificate prior to PROJECT advertisement. 74. All right of way conveyances must be completed prior to construction advertisement, unless PARTNERS mutually agree to other arrangements in writing. 8 509 Agreement 08-1504 A/1 Project Number: 0800020431 75. The California Transportation Commission will hear and may adopt Resolutions of Necessity. However, the authorization to hear and adopt Resolutions of Necessity may be assigned to RCTC if such assignment is approved in writing by CALTRANS. COST Cost: General 76. PARTNERS will document specific funding, billing, and payment details in a FUNDING SUMMARY. The FUNDING SUMMARY is incorporated and made an express part of this Agreement. A valid FUNDING SUMMARY must be in place at all times until OBLIGATION COMPLETION. PARTNERS will create a new FUNDING SUMMARY each time the funding, billing and payment details of PROJECT change. The FUNDING SUMMARY is only valid after each FUNDING PARTNER signs and dates the FUNDING SUMMARY. The most current fully executed FUNDING SUMMARY supersedes any previous FUNDING SUMMARY created for this Agreement. Replacement of the FUNDING SUMMARY will not require an amendment to the body of this Agreement unless the rules of the new funds require it. Each PARTNER will designate a legally authorized representative to sign the FUNDING SUMMARY on its behalf. 77. PARTNERS may invoice the appropriate FUNDING PARTNER according to the terms documented in the FUNDING SUMMARY. 78. If RCTC has received Electronic Funds Transfer (EFT) certification from CALTRANS then RCTC will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 79. Unless otherwise documented in the FUNDING SUMMARY, all fund types contributed to a PROJECT COMPONENT will be spent proportionately within that PROJECT COMPONENT. 80. Unless otherwise documented in the FUNDING SUMMARY, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 81. After PARTNERS agree that all WORK is complete for a PROJECT COMPONENT, PARTNER(S) will submit a final accounting for all OBLIGATIONS costs. Based on the 9 510 Agreement 08-1504 A/1 Project Number: 0800020431 final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. 82. If FUNDING PARTNERS fund OBLIGATIONS with American Recovery and Reinvestment Act (ARRA) funds, PARTNERS will adopt the terms, conditions, requirements, and constraints of the American Recovery and Reinvestment Act of 2009. 83. If FUNDING PARTNERS fund OBLIGATIONS with Proposition 1B Bond funds, PARTNERS will meet the requirements of California Government Code Section 8879.20 et al. (Proposition 1 legislation), the governor's Executive Order 2007-S-02-07, and the California Transportation Commission (CTC) program guidelines for the applicable account. Right of way purchased using Proposition 1B Bond funds will become the property of CALTRANS, and any revenue from the sale of excess lands originally purchased with bond funds will revert to CALTRANS. 84. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS cost. 85. CALTRANS, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within the existing SHS right of way. 86. Independent of PROJECT, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within PROJECT limits and outside the existing SHS right of way will be the responsibility of the owner(s) of the parcel(s) where the HM-1 is located. 87. HM MANAGEMENT ACTIVITIES costs related to HM-2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 88. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS cost. 89. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS cost. 90. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. 91. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS cost, by the PARTNER whose actions or lack of action caused the levy. 92. If federal funds are used on PROJECT while this Agreement is active CALTRANS will administer all federal subvention funds documented on the FUNDING SUMMARY. 10 511 Agreement 08-1504 A/1 Project Number: 0800020431 93. Travel, per diem, and third -party contract reimbursements are an OBLIGATIONS cost only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration (DPA) rules current at the effective date of this Agreement. If RCTC invoices for rates in excess of DPA rates, RCTC will fund the cost difference and reimburse CALTRANS for any overpayment. 94. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds are subject to the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. 95. If CALTRANS reimburses RCTC for any costs later determined to be unallowable, RCTC will reimburse those funds. 96. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 97. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this Agreement to place PROJECT right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this Agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 98. If there are insufficient funds in this Agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER's responsibilities, until such time as PARTNERS amend this Agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 99. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within thirty (30) calendar days of receipt of invoice. 11 512 Agreement 08-1504 A/1 Project Number: 0800020431 Cost: Environmental Permits, Approvals and Agreements 100. The cost of coordinating, obtaining, complying with, implementing, including renewing and amending resource agency permits, agreements, and approvals is an OBLIGATIONS cost. Cost: Project Approval and Environmental Document (PA&ED) 101. The cost to prepare, publicize, and circulate all CEQA and NEPA-related public notices is an OBLIGATIONS cost. 102. The cost to plan, schedule, prepare materials for, and host all CEQA and NEPA-related public hearings is an OBLIGATIONS cost. SCHEDULE 103. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 104. PARTNERS understand that this Agreement is in accordance with and governed by the Constitution and laws of the State of California. This Agreement will be enforceable in the State of California. Any PARTNER initiating legal action arising from this Agreement will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this Agreement resides, or in the Superior Court of the county in which PROJECT is physically located. 105. All OBLIGATIONS of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 106. Neither RCTC nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless RCTC and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this Agreement. 107. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by RCTC 12 513 Agreement 08-1504 A/1 Project Number: 0800020431 and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon RCTC under this Agreement. It is understood and agreed that ROTC, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by RCTC and/or its agents under this Agreement. 108. PARTNERS do not intend this Agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this Agreement. PARTNERS do not intend this Agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 109. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this Agreement. 110. PARTNERS will not interpret any ambiguity contained in this Agreement against each other. PARTNERS waive the provisions of California Civil Code section 1654. 111. A waiver of a PARTNER's performance under this Agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this Agreement does not constitute an amendment to or negate all other articles or sections of this Agreement. 112. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 113. If any PARTNER defaults in its OBLIGATIONS, a non -defaulting PARTNER will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTNER fails to do so, the non -defaulting PARTNER may initiate dispute resolution. 114. PARTNERS will first attempt to resolve Agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of RCTC will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. 13 514 Agreement 08-1504 A/1 Project Number: 0800020431 Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this Agreement. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this Agreement resides or in the Superior Court of the county in which PROJECT is physically located. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this Agreement or to enforce the provisions of this article including equitable relief. 115. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 116. If any provisions in this Agreement are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other Agreement provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this Agreement. 117. PARTNERS intend this Agreement to be their final expression and supersedes any oral understanding or writings pertaining to OBLIGATIONS. 118. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this Agreement to include completion of those additional tasks. 119. Except as otherwise provided in the Agreement, PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 120. Partners agree to sign a COOPERATIVE AGREEMENT CLOSURE STATEMENT to terminate this Agreement. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 121. The following documents are attached to, and made an express part of this Agreement: SCOPE SUMMARY. 14 515 Agreement 08-1504 A/1 Project Number: 0800020431 DEFINITIONS ARRA — American Recovery and Reinvestment Act of 2009 CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www. dot. ca.gov/hq/proj mgmt/guidance.htm. CEQA (California Environmental Quality Act) — The act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) — The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government CONSTRUCTION CAPITAL — See PROJECT COMPONENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this Agreement and in all amendments to this Agreement. FHWA — Federal Highway Administration FHWA STANDARDS — FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov/topics.htm. FUNDING PARTNER — A PARTNER, designated in the FUNDING SUMMARY, that commits a defined dollar amount to fulfill OBLIGATIONS. Each FUNDING PARTNER accepts responsibility to provide the funds it commits in this Agreement. FUNDING SUMMARY — An executed document that lists the funding, billing, and payment commitments. Commitments include, but are not limited to, FUNDING PARTNER(S), fund source, fund type, payment method, invoice frequency, deposit amounts, and PROJECT COMPONENT(S) in which funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to -exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles) — Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. HM-1— Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. 15 516 Agreement 08-1504 A/1 Project Number: 0800020431 HM-2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM-1 or HM-2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY — The PARTNER is responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. NEPA (National Environmental Policy Act of 1969) — This federal act establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION — PARTNERS have fulfilled all OBLIGATIONS included in this Agreement, and all amendments to this Agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS — All responsibilities included in this Agreement. OMB (Office of Management and Budget) — This federal office oversees the preparation of the federal budget and supervises its administration in Executive Branch agencies. PA&ED (Project Approval and Environmental Document) — See PROJECT COMPONENT. PARTNER — Any individual signatory party to this Agreement. PARTNERS — The term that collectively references all of the signatory agencies to this Agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other PARTNER. PROJECT COMPONENT — A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID (Project Initiation Document) — The activities required to deliver the project initiation document for PROJECT. • PA&ED (Project Approval and Environmental Document) — The activities required to deliver the project approval and environmental documentation for PROJECT. • PS&E (Plans, Specifications, and Estimate) — The activities required to deliver the plans, specifications, and estimate for PROJECT. • R/W (Right of Way) SUPPORT —The activities required to obtain all property interests for PROJECT. • R/W (Right of Way) CAPITAL — The funds for acquisition of property rights for PROJECT. 16 517 Agreement 08-1504 A/1 Project Number: 0800020431 • CONSTRUCTION SUPPORT — The activities required for the administration, acceptance, and final documentation of the construction contract for PROJECT. • CONSTRUCTION CAPITAL — The funds for the construction contract. PROJECT MANAGEMENT PLAN — A group of documents used to guide a project's execution and control throughout that project's lifecycle. PS&E (Plans, Specifications, and Estimate) — See PROJECT COMPONENT. QMP (Quality Management Plan) — An integral part of the PROJECT MANAGEMENT PLAN that describes IMPLEMENTING AGENCY's quality policy and how it will be used. QC/QAP (QUALITY CONTROL/QUALITY ASSURANCE PROGRAM) - CALTRANS quality control and quality assurance procedures for all environmental documents as described in the Jay Norvell Memos dated July 2, 2007 (available at http://www.dot.ca.gov/ser/memos.htm#LinkTarget_705). This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA Guideline requirements. R/W (Right of Way) CAPITAL — See PROJECT COMPONENT. R/W (Right of Way) SUPPORT — See PROJECT COMPONENT. SCOPE SUMMARY — The attachment in which each PARTNER designates its commitment to specific scope activities within each PROJECT COMPONENT as outlined by the Workplan Standards Guide for the Delivery of Capital Projects available at www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS (State Highway System) — All highways, right of way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR — Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner/operator of the SHS. SFM (State Furnished Material) — Any materials or equipment supplied by CALTRANS. WORK — All scope activities included in this Agreement. 17 518 Agreement 08-1504 A/1 Project Number: 0800020431 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this Agreement. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Nader Naguib, Project Manager 464 West 4th Street, 6th Floor, (MS-1229) San Bernardino, California 92401-1400 Office Phone: (909) 388-7180 Fax Number: (909) 383-6938 Email: nader.naguib@dot.ca.gov The primary Agreement contact person for RCTC is: Lisa DaSilva, Capital Project Manager 4080 Lemon Street, 3rd Floor, P.O. Box 12008 Riverside , CA 92502-2208 Office Phone: (951) 787-7141 Email: Ldasilva@rctc.org 18 519 Agreement 08-1504 A/1 Project Number: 0800020431 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Basem E. Muallem, P.E. District Director CERTIFIED AS TO FUNDS: By: Lisa Pacheco Budget Manager RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer Executive Director ATTEST: By: Best, Best and Krieger Legal Counsel 19 520 08-RIV-215-R7.5/R 11.0 Project Number: 0800020431 EA: OF 163 Agreement 08-1504 A/1 SCOPE SUMMARY Ln to Is. w c 0 � ca d Cl cr) H J Q V U Ce Z 2 160 Perform Preliminary Engineering Studies and Draft Project Report X 05 Updated Project information X 05 Approved Project Initiation Document Review X 10 Geotechnical Information Review X 15 Materials Information Review X 20 Traffic Data and Forecasts Review X 25 Geometrics Review X 30 Project Scope Review X 35 Project Cost Estimate Review X 99 Other Project Information Products X 10 Engineering Studies X 10 Traffic Forecasts/Modeling X 15 Geometric Plans for Project Alternatives X 20 Value Analysis X 25 Hydraulics/Hydrology Studies X 30 Highway Planting Design Concepts X 35 Traffic Operational Analysis X 40 Updated Right of Way Data Sheet X 45 Utility Locations Determined for Preliminary Engineering X 50 Railroad Study X 55 Multi -Modal Study X 60 Park and Ride Study X 65 Right of Way Relinquishment and Vacation Study X 70 Traffic Studies X 75 Updated Materials Information X 80 Updated Geotechnical Information X 85 Structures Advance Planning Study (APS) and Preliminary Engineering X 90 High Occupancy Vehicle Report X 95 Updated Preliminary Transportation Management Plan X 99 Other Engineering Studies X 15 Draft Project Report X 05 Cost Estimates for Alternatives X 10 Fact Sheet for Exceptions to Design Standards X 15 Approved Exceptions to Encroachment Policy X 20 Draft Project Report X 25 Draft Project Report Circulation, Review, and Approval X 99 Other Draft Project Report Products X 20 Engineering and Land Net Surveys X 21 521 Agreement 08-1504 A/1 Project Number: 0800020431 25 Existing Records X 30 Land Net Surveys X 35 Land Net Map X 40 Right of Way Engineering Products X 50 Control Surveys X 55 Photogrammetric Maps and Products X 60 Engineering Surveys X 65 As -Built Centerline Surveys X 70 Pavement Surveys X 30 Environmental Study Request (ESR) X 05 Maps for ESR X 10 Surveys and Mapping for Environmental Studies X 15 Property Access Rights for Environmental/Engineering Studies X 40 NEPA Delegation X 45 Base Maps and Plan Sheets for Project Report and Environmental Studies X 2 165 Perform Environmental Studies and Prepare Draft Environmental Document X 05 Environmental Scoping of Alternatives Identified for Studies in Project Initiation Document X 05 Project Information Review X 10 Public and Agency Scoping Process X 15 Alternatives for Further Study X 99 Other Environmental Scoping of Alternatives Identified for Studies in Project Initiation Document X 10 General Environmental Studies X 15 Community Impact Analysis, Land Use, and Growth Studies X 20 Visual Impact Assessment and Scenic Resource Evaluation X 25 Noise Study X 30 Air Quality Study X 35 Water Quality Studies X 40 Energy Studies X 45 Summary of Geotechnical Report X 55 Draft Right of Way Relocation Impact Document X 60 Location Hydraulic and Floodplain Study Report X 65 Paleontology Study X 70 Wild and Scenic Rivers Coordination X 75 Environmental Commitments Record X 80 Hazardous Waste Initial Site Assessments/Investigations X 85 Hazardous Waste Preliminary Site Investigation X 99 Other Environmental Studies X 15 Biological Studies X 05 Biological Assessment X 10 Wetlands Study X 15 Resource Agency Permit Related Coordination X 20 Natural Environment Study Report X 99 Other Biological Studies X 20 Cultural Resource Studies X 05 Archaeological Survey X 22 522 Agreement 08-1504 A/1 Project Number: 0800020431 05 Area of Potential Effects/Study Area Maps X 10 Native American Consultation X 15 Records and Literature Search X 20 Field Survey X 25 Archaeological Survey Report X 99 Other Archaeological Survey Products X 10 Extended Phase I Archaeological Studies X 05 Native American Consultation X 10 Extended Phase I Proposal X 15 Extended Phase I Field Investigation X 20 Extended Phase I Materials Analysis X 25 Extended Phase I Report X 99 Other Phase I Archaeological Study Products X 15 Phase II Archaeological Studies X 05 Native American Consultation X 10 Phase II Proposal X 15 Phase II Field Investigation X 20 Phase II Materials Analysis X 25 Phase II Report X 99 Other Phase II Archaeological Study Products X 20 Historical and Architectural Resource Studies X 05 Preliminary Area of Potential Effects/Study Area Maps for Architecture X 10 Historic Resources Evaluation Report - Archaeology X 15 Historic Resource Evaluation Report - Architecture (HRER) X 20 Bridge Evaluation X 99 Other Historical and Architectural Resource Study Products X 25 Cultural Resource Compliance Consultation Documents X 05 Final Area of Potential Effects/Study Area Maps X 10 PRC 5024.5 Consultation X 15 Historic Property Survey Report/Historic Resources Compliance Report X 20 Finding of Effect X 25 Archaeological Data Recovery Plan/Treatment Plan X 30 Memorandum of Agreement X 99 Other Cultural Resources Compliance Consultation Products X 25 Draft Environmental Document or Categorical Exemption/Exclusion X 10 Section 4(F) Evaluation X 15 Categorical Exemption/Categorical Exclusion (CE) X 20 Environmental Quality Control and Other Reviews X 25 Approval to Circulate Resolution X 30 1 Environmental Coordination X 99 Other Draft Environmental Document Products X 30 NEPA Delegation X 2 170 Permits, Agreements, and Route Adoptions during PA&ED component X 05 Required permits X 15 Railroad Agreements X 23 523 Agreement 08-1504 A/1 Project Number: 0800020431 05 Plan Approval X 10 Special Provisions and Insurance Clauses X 15 Service Contract for Railroad Services X 20 Construction and Maintenance Agreement X 25 PUC Exhibits and Application X 99 Other Railroad Agreement Products X 20 Freeway Agreements X 05 Draft Freeway Agreement X 10 Draft Freeway Agreement Review X 15 Final Freeway Agreement X 20 Executed Freeway Agreement X 99 Other Freeway Agreement Products X 25 Agreement for Material Sites X 30 Executed Maintenance Agreement X 40 Route Adoptions X 05 Route Adoption Map X 10 New Connection Request and Route Adoption CTC Submittal X 15 Route Adoption and Public Road Connection Placed on CTC Agenda X 99 Other Route Adoption Products X 45 MOU From Tribal Employment Rights Office (TERO) X 55 NEPA Delegation X 2 175 Circulate Draft Environmental Document and Select Preferred Project Alternative Identification X 05 DED Circulation X 05 Master Distribution and Invitation Lists X 10 Notices Regarding Public Hearing and Availability of Draft Environmental Document X 15 DED Publication and Circulation X 20 Federal Consistency Determination (Coastal Zone) X 99 Other DED Circulation Products X 10 Public Hearing X 05 Need for Public Hearing Determination X 10 Public Hearing Logistics X 15 Displays for Public Hearing X 20 Second Notices of Public Hearing and Availability of DED X 25 Map Display and Public Hearing Plan X 30 Display Public Hearing Maps X 35 Public Hearing X 40 Record of Public Hearing X 99 Other Public Hearing Products X 15 Public Comment Responses and Correspondence X 20 Project Preferred Alternative X 25 NEPA Delegation X 2 180 Prepare and Approve Project Report and Final Environmental Document X 05 Final Project Report X 05 Updated Draft Project Report X 10 Approved Project Report X 15 Updated Storm Water Data Report X 24 524 Agreement 08-1504 A/1 Project Number: 0800020431 99 Other Project Report Products X 10 Final Environmental Document X 05 Approved Final Environmental Document X 05 Draft Final Environmental Document Review X 10 Revised Draft Final Environmental Document X 15 Section 4(F) Evaluation X 20 Findings X 25 Statement of Overriding Considerations X 30 CEQA Certification X 35 FHWA Approval X 40 Section 106 Consultation and MOA X 45 Section 7 Consultation X 50 Final Section 4(F) Statement X 55 Floodplain Only Practicable Alternative Finding X 60 Wetlands Only Practicable Alternative Finding X 65 Section 404 Compliance X 70 Mitigation Measures X 10 Public Distribution of Final Environmental Document and Respond To Comments X 15 Final Right of Way Relocation Impact Document X 99 Other Final Environmental Document Products X 15 Completed Environmental Document X 05 Record of Decision (NEPA) X 10 Notice of Determination (CEQA) X 20 Environmental Commitments Record X 99 Other Completed Environmental Document Products X 20 NEPA Delegation X 3 185 Prepare Base Maps and Plan Sheets for PS&E Development X 05 Updated Project Information X 05 Project Concept Review X 10 Updated Project Information X 99 Other Updated Project Information Products X 10 Surveys and Photogrammetric Mapping for Design X 50 Control Surveys X 55 Photogrammetric Maps and Products X 60 Engineering Surveys X 65 As -Built Centerline Surveys X 70 Pavement Surveys X 15 Preliminary Design X 05 Roadway and Miscellaneous Design X 10 Proposed Geometrics Review X 15 Requests for Exceptions to Design Standards X 20 Value Analysis X 99 Other Preliminary Design Products X 20 Engineering Reports X 05 Updated Traffic Data, Analysis, and Forecasts X 10 Preliminary Hydrology and Hydraulic Reports X 15 Preliminary Geotechnical Design Report (PGDR) X 25 525 Agreement 08-1504 A/1 Project Number: 0800020431 20 Preliminary Pavement Design Report X 25 Preliminary Materials Report X 30 Soundwall Design Report X 35 Updated Transportation Management Plan for Design Phase X 40 Utility Locations Determined for Design X 99 Other Engineering Report Products X 25 Right of Way Requirements Determination X 05 Project Review with Affected Agencies X 10 Fee and Easement Requirements Determination X 15 Right of Way Requirements Maps X 20 Final Railroad Involvement Determination X 25 Water Well Abandonment Needs Determination X 30 Utility Conflict Maps X 30 Structure Site Plans X 10 Site Plans for Bridges and Structures X 15 Site Plans for Retaining Walls and Non -Standard Earth Retention Systems X 20 Site Plans for Soundwalls on Retaining Systems or Structures X 25 Site Plans for Pumping Plants X 30 Site Plans for Special -Design Culverts X 99 Other Structure Site Plan Products X 99 Other Base Map and Plan Sheet Products X 3 205 Permits and Agreements during PS&E Component X 05 Required permits X 15 Railroad Agreements X 05 Plan Approval X 10 Special Provisions and Insurance Clauses X 15 Service Contract for Railroad Services X 20 Construction and Maintenance Agreement X 25 PUC Exhibits and Applications X 95 Other Railroad Agreement Products X 25 Agreement for Material Sites X 30 Executed Maintenance Agreement X 45 MOU From Tribal Employment Rights Office (TERO) X 55 NEPA Delegation X 3 230 Prepare Draft Plans, Specifications, and Estimates X 05 Draft Roadway Plans X 05 Title Sheet X 10 Typical Cross Sections X 15 Key Map and Line Index X 20 Roadway Layouts X 25 Profile and Superelevation Sheets X 30 Construction Details X 35 Contour Grading Plans X 40 Summary of Quantities Sheets X 45 Noise Barrier Plans X 50 Retaining Wall Plans X 55 Standard Plans Selection X 26 526 Agreement 08-1504 A/1 Project Number: 0800020431 60 Stage Construction and Detour Plans or Traffic Handling Plans X 65 Water Pollution Control Plans X 70 Engineering Reports X 05 Hydrology and Hydraulic Reports X 10 Products Required to Ready Site for Subsurface Exploration X 15 Geotechnical Design Report (GDR) X 20 Pavement Design Report X 25 Materials Report X 99 Other Draft Roadway Plan Products X 10 Draft Highway Planting Plans X 05 Highway Planting Plans X 15 Plant List X 20 Irrigation Plans X 30 Irrigation Quantity Sheets X 99 Other Draft Highway Planting Plan Products X 15 Draft Traffic Plans X 05 Signing and Pavement Delineation Plans X 10 Construction Area Signs Plans X 15 Traffic Electrical Plans X 99 Other Draft Traffic Plan Products X 20 Transportation Management Plan X 25 Draft Utility Plans X 05 New Facility Plans X 10 Utility Relocation Plans X 99 Other Draft Utility Plan Products X 30 Draft Drainage Plans X 35 Draft Specifications X 05 Roadway Specifications X 10 Highway Planting Specifications X 15 Traffic Specifications X 20 Electrical Specifications X 25 Utility Specifications X 30 Hydraulic Specifications X 35 Water Pollution Control Specifications X 40 Erosion Control Specifications X 99 Other Draft Specification Products X 40 Draft Plans, Specifications, and Estimates Quantities and Estimates X 05 Roadway Quantities and Estimates X 10 Highway Planting Quantities and Estimates X 15 Drainage Quantities and Estimates X 20 Traffic Quantities and Estimates X 25 Electrical Quantities and Estimates X 30 Utility Quantities and Estimates X 35 Water Pollution Control Quantities and Estimates X 40 Erosion Control Quantities and Estimates X 99 Other Draft Plans, Specifications, and Estimates Quantities and Estimates Products X 27 527 Agreement 08-1504 A/1 Project Number: 0800020431 55 Structures Draft Plans, Specifications, and Estimates Incorporation X 60 Updated Project Information for Plans, Specifications, and Estimates Package X 05 Updated Storm Water Data Report X 10 Other Reviews and Update of Project Information X 90 NEPA Delegation X 99 Other Draft Plans, Specifications, and Estimates Products X 3 235 Mitigate Environmental Impacts and Clean Up Hazardous Waste X 05 Environmental Mitigation X 05 Historical Structures Mitigation X 10 Archaeological and Cultural Mitigation X 15 Biological Mitigation X 20 Environmental Mitigation Right of Way Work X 25 Paleontology Mitigation X 99 Other Environmental Mitigation Products X 10 Detailed Site Investigation for Hazardous Waste X 05 Right or Permit for Hazardous Waste Site Investigations X 10 Hazardous Waste Sites Survey X 15 Detailed Hazardous Waste Site Investigation X 30 Hazardous Substances Disclosure Document (HSDD) X 40 Updated Environmental Commitments Record X 45 NEPA Delegation X 3 240 Draft Structures Plans, Specifications, and Estimates X 50 Overall Draft Structures Plans, Specifications, and Estimates X 55 Foundation Plan X 60 Hydraulic Report X 65 Preliminary Foundation Reports X 70 Products Required to Ready Site for Subsurface Exploration X 75 Draft General Plans X 80 Foundation Reports X 85 Draft Structure Plans X 90 Draft Structures Special Provisions and Cost Estimate X 3 250 Final Structures PS&E Package X 50 Project Review X 55 Final Structure Plans X 60 Final Structure Special Provisions and Cost Estimate X 3 255 Circulate, Review, and Prepare Final District Plans, Specifications, and Estimates Package X 05 Circulated and Reviewed Draft District Plans, Specifications, and Estimates Package X 10 Updated Plans, Specifications, and Estimates Package X 05 Updated Roadway Plans, Specifications, and Estimates X 10 Updated Highway Planting Plans, Specifications, and Estimates X 15 Updated Traffic Plans, Specifications, and Estimates X 20 Updated Hydraulic Plans, Specifications, and Estimates X 25 Updated Technical Reports X 30 Updated Utility Plans, Specifications, and Estimates X 35 Updated Electrical Plans, Specifications, and Estimates X 28 528 Agreement 08-1504 A/1 Project Number: 0800020431 99 Other Updated Plans, Specifications, and Estimates Products X 15 Environmental Re-evaluation X 20 Final District Plans, Specifications, and Estimates Package X 05 Reviewed Plans for Drafting Standards Compliance X 10 Final Structures Specifications and Estimate Incorporated Into Final District Plans, Specifications, and Estimates X 15 Request for Funds X 25 Geotechnical Information Handout X 30 Materials Information Handout X 35 Construction Staking Package and Control X 10 Construction Staking Package X 20 Project Control for Construction X 40 Resident Engineer's Pending File X 45 NEPA Delegation X 50 Secured Lease for Resident Engineer Office Space or Trailer X 55 Contractor Outreach X 65 Right of Way Certification Documentation X 70 Right of Way Engineering Products X 75 Upgrade/Updated Right of Way Certification Document X 3 260 Contract Bid Documents Ready to List X 50 Project Submittal Ready to Process (PS&E) X 60 Draft Contract Comments (DCC) X 70 Draft Contract Comment Response (DR) X 75 Environmental Certification at Ready to List X 80 Draft Contract Ready X 90 Ready to List X 4 195 Right of Way Property Management and Excess Land X 40 Property Management X 05 Fair Market Rent Determinations (Residential) X 10 Fair Market Rent Determinations (Non -Residential) X 15 Regular Property Management X 20 Property Maintenance and Rehabilitation (Rentable Property) X 25 Property Maintenance and Rehabilitation (Non -Rentable Property) X 30 Hazardous Waste and Hazardous Materials X 35 Transfer of Property to Clearance Status X 99 Other Property Management Products X 45 Excess Land X 05 Excess Lands Inventory X 10 Excess Land Appraisal and Public Sale Estimate X 15 Government Code Section 54235 Administration X 20 Property Disposal of Units Up to $15,000 X 25 Property Disposal of Units Between $15,001 and $500,000 X 30 Property Disposal of Units Over $500,000 X 35 CTC and AAC Coordination X 99 Other Excess Land Products X 4 200 Utility Relocation X 29 529 Agreement 08-1504 A/1 Project Number: 0800020431 15 Approved Utility Relocation Plan X 20 Utility Relocation Package X 25 Utility Relocation Management X 30 Utility Close Out X 99 Other Utility Relocation Products X 4 220 Right of Way Engineering X 05 Existing Land Net X 05 Existing Records X 10 Land Net Survey X 25 Monumentation Perpetuation Record of Survey X 10 Land Net Map X 15 Right of Way Maps X 05 Appraisal Map X 95 Other Maps X 20 Acquisition Documents X 05 Deeds X 15 Resolution of Necessity Package X 25 Documents to Convey Property Rights X 05 Director's Deed Package X 95 Other Deeds and Documents X 35 Field Located Right of Way X 05 Flagged Right of Way X 10 Staked Right of Way X 4 225 Obtain Right of Way Interests for Project Right of Way Certification X 50 Parcel and Project Documentation X 60 Right of Way Appraisals X 65 Right of Way Acquisition X 70 Right of Way Relocation Assistance X 75 Right of Way Clearance X 80 Right of Way Condemnation X 4 245 Post Right of Way Certification Work X 50 Parcel and Project Documentation X 60 Right of Way Appraisals X 65 Right of Way Acquisition X 70 Right of Way Relocation Assistance X 75 Right of Way Clearance X 80 Right of Way Condemnation X 30 530 AGENDA ITEM 8N RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Patricia Castillo, Capital Projects Manager Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: List of Pre -Qualified Firms and Agreements for On -Call Environmental Consulting Services WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award the following agreements to provide on -call environmental consulting services for a two-year term, in an amount not to exceed an aggregate value of $1.5 million; a) Agreement No. 13-31-132-00 with ICF International; b) Agreement No. 13-31-149-00 with LSA Associates, Inc.; c) Agreement No. 13-31-150-00 with HDR Engineering, Inc.; and d) Agreement No. 13-31-151-00 with VCS Environmental; 2) Authorize the Executive Director, or designee, to execute task orders awarded to the consultants under the terms of the agreements; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: The Commission has a requirement for the provision of comprehensive on -call consulting services related to various environmental and archaeological services including, but not limited to, coordination with resources agencies, review of National Environmental Policy Act and California Environmental Quality Act documents, permitting preparation, monitoring and documentation of environmental commitments, and support of the Western Riverside County Multispecies Habitat Conservation Plan projects. While the Commission typically has most of the environmental -related consulting services described above accomplished through contracts for the preliminary engineering/environmental phase of a project, there are occasions in which these services will be needed outside the environmental phase. Examples of this include the need for permitting prior to construction, construction monitoring, or mitigation. Agenda Item 8N 531 The purpose of this procurement is to provide the Commission with these comprehensive on - call professional environmental consulting services for a variety of Commission capital projects like the 1-215 widening projects between 1-15 and Nuevo Road, 60/215 East Junction project, and the SR-91 High Occupancy Vehicle project to name a few. Procurement Process A request for qualifications (RFQ) for on -call environmental consulting services was released by staff and advertised on April 18, 2013. Staff responded to all questions submitted by potential proposers prior to the May 9 deadline date. Eleven firms — First Carbon Solutions; HDR Engineering, Inc.; ICF International; Li!burn Corporation; LSA Associates, Inc.; Rincon Consultants, Inc.; Tetra Tech, Inc.; TRC Solutions, Inc.; URS Corporation; VCS Environmental; and Vibro-Acoustic Consultants — submitted statements of qualifications (SOQ) prior to the May 30 submittal deadline. Ten of the eleven firms submitted responsive and responsible SOQs. Utilizing the evaluation criteria set forth in the RFQ, the ten firms were evaluated and scored by an evaluation committee comprised of Commission, Bechtel, and Riverside County Transportation Department staff. Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFQ, the evaluation committee short listed and invited four firms to the interview phase of the evaluation and selection process. Interviews of the short listed firms, HDR Engineering, Inc., ICF International, LSA Associates, Inc., and VCS Environmental, were conducted on July 11. The evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committee by each proposer. Accordingly, the evaluation committee recommends contract award to HDR Engineering, Inc., ICF International, LSA Associates, Inc., and VCS Environmental for on -call environmental consulting services, as these firms earned the highest total evaluation scores. The multiple award, on -call, task order type contracts do not guarantee work to any of the awardees; therefore, no funds are guaranteed to any consultant. Pre -qualified consultants will be selected for specific tasks based on information contained in their proposal. Services will be provided through the Commission's issuance of contract task orders to the consultants on an as -needed basis. The Commission's standard form professional services agreement will be entered into with the consultants subject to any changes approved by the Executive Director and pursuant to legal counsel review. Staff oversight of the contract will maximize the effectiveness of the consultants and minimize the costs to the Commission. Agenda Item 8N 532 Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15+ Amount: $ 100,000 $ 1,400,000 Source of Funds: Measure A and/or state funds Budget Adjustment: No N/A GL/Project Accounting No.: 223999 81115 222 31 81101 623999 81115 262 31 81101 Fiscal Procedures Approved: \I---bA.,e,..0 Date: 08/13/2013 Attachment: Standard Form On -Call Professional Services Agreement — Posted on Commission Website Agenda Item 8N 533 AGREEMENT NO. 13-31-132-00 PROFESSIONAL SERVICES AGREEMENT WITH FHWA AND/OR FTA FUNDING/ASSISTANCE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT WITH [CONSULTANT] FOR ON -CALL [DESCRIPTION OF SERVICES] 1.0 PARTIES AND DATE. This Agreement is made and entered into this day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and [NAME OF FIRM] ("Consultant"), a [LEGAL STATUS OF CONSULTANT]. 2.0 RECITALS. 2.1 On November 8, 1988 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1 /2 %) retail transactions and use tax (the "Tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.2 Pursuant to Public Utility Code Sections 240000 et seq., the Commission is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.3 On November 5, 2002, the voters of Riverside County approved an extension of the Measure A tax for an additional thirty (30) years for the continued funding of transportation and improvements within the County of Riverside. 2.4 A source of funding for payment for professional services provided under this Agreement may be federal funds from the United States Department of Transportation. This Commission may withhold payment of any federal funds hereunder until the certification shown in Exhibit "F" attached hereto and incorporated herein by reference, is executed. 2.5 Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Commission on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the Commission and the Consultant ("Task Order"). Consultant represents that it is experienced in providing on -call environmental consulting services to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. 2.6 The Commission desires to engage Consultant to render such services on an on - call basis. Services shall be ordered by Task Order(s) to be issued pursuant to this Agreement for Attachment B Attachment B-2 17336.02100\7915663.5 future projects as set forth herein (each such project shall be designated a "Project" under this Agreement). 3.0 TERMS. 3.1 General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the professional on -call environmental consulting services necessary for the Project ("Services"). The Services are more generally described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Orders issued by the Commission's Executive Director or designee. No Services shall be performed unless authorized by a fully executed Task Order. All Services shall be subject to, and performed in accordance with, this Agreement, the relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2 Commencement of Services. The Consultant shall commence work within five (5) days of receiving a fully executed Task Order from Commission. As a result of any federal funding for the Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a Task Order may be contingent upon completion and approval of a pre -award audit. Any questions raised during the pre -award audit shall be resolved before the Commission will consider approval of this Agreement. The federal aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if the procedures are not completed. The Consultant's files shall be maintained in a manner to facilitate Federal and State process reviews. In addition, the applicable federal agency, or Caltrans acting in behalf of a federal agency, may require that prior to performance of any work for which Federal reimbursement is requested and provided, that said federal agency or Caltrans must give to Commission an "Authorization to Proceed". 3.3 Term. The term of this Agreement shall be from the date first set forth above or the date of issuance of the Notice to Proceed by the Commission, whichever occurs first, to [INSERT ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in the Task Orders. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.4 Commission's Representative. The Commission hereby designates the Commission's Executive Director, or his or her designee, to act as its Representative for the performance of this Agreement ("Commission's Representative"). Commission's Representative shall have the authority to act on behalf of the Commission for all purposes under this Agreement. Commission's Representative shall also review and give approval, as needed, to the details of Consultant's work as it progresses. Consultant shall not accept direction or orders from any person other than the Commission's Representative or his or her designee. 3.5 Consultant's Representative. Consultant hereby designates [INSERT NAME OR TITLE] to act as its Representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to act on behalf of Attachment B Attachment B-3 17336.02100\7915663.5 Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement and as described in the relevant Task Order. Consultant shall work closely and cooperate fully with Commission's Representative and any other agencies which may have jurisdiction over, or an interest in, the Services. Consultant's Representative shall be available to the Commission staff at all reasonable times. Any substitution in Consultant's Representative shall be approved in writing by Commission's Representative. 3.6 Substitution of Key Personnel. Consultant has represented to the Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by the Commission. In the event that the Commission and Consultant cannot agree as to the substitution of the key personnel, the Commission shall be entitled to terminate this Agreement for cause, pursuant to the provisions of Section 3.14. The key personnel for performance of this Agreement are: [LIST NAMES AND TITLES] 3.7 Preliminary Review of Work. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Agreement shall be submitted to the Commission's Representative in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event plans and designs are to be developed as part of the Project, final detailed plans and designs shall be contingent upon obtaining environmental clearance as may be required in connection with Federal funding. In the event that Commission's Representative, in his sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this contract, Commission's Representative may require Consultant to revise and resubmit the work at no cost to the Commission. 3.8 Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 3.9 Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California during the term of this Agreement. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without Attachment B Attachment B-4 17336.02100\7915663.5 reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. Any employee of Consultant or its sub -consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.10 Opportunity to Cure. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. 3.11 Inspection of Work. Consultant shall allow the Commission's Representative to inspect or review Consultant's work in progress at any reasonable time. 3.12 Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth in Section 3.3, the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. In the event copyrights are permitted under this Agreement, then in connection with Federal funding, it is hereby acknowledged and agreed that the United States Department of Transportation shall have the royalty -free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 3.13 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporated in the design of the Project, and administrative controls including those of the United States Department of Transportation. Compliance with Federal procedures may include completion of the applicable environmental documents and approved by the United States Department of Transportation. For example, and not by way of limitation, a signed Categorical Exclusion, Finding of No Significant Impact, or published Record of Decision may be required to be approved and/or completed by the United States Department of Transportation. For Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, Attachment B Attachment B-5 17336.02100\7915663.5 employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.14 Termination. 3.14.1 Notice; Reason. Commission may, by written notice to Consultant, terminate this Agreement, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof ("Notice of Termination"). Such termination may be for Commission's convenience or because of Consultant's failure to perform its duties and obligations under this Agreement, including, but not limited to, the failure of Consultant to timely perform Services pursuant to the Schedule of Services described in Section 3.15 of this Agreement. Consultant may not terminate this Agreement except for cause. 3.14.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein and shall deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 3.14.3 Effect of Termination For Convenience. If the termination is to be for the convenience of the Commission, the Commission shall compensate Consultant for Services fully and adequately provided through the effective date of termination. Such payment shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission's Representative to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination. 3.14.4 Effect of Termination for Cause. If the termination is for cause, Consultant shall be compensated for those Services which have been fully and adequately completed and accepted by the Commission as of the date the Commission provides the Notice of Termination. In such case, the Commission may take over the work and prosecute the same to completion by contract or otherwise. Further, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project because it did not meet the standard of care established in Section 3.9. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 3.14.5 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. Attachment B Attachment B-6 17336.02100\7915663.5 3.14.6 Procurement of Similar Services. In the event this Agreement is terminated, in whole or in part, as provided by this Section, the Commission may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.14.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 3.15 Schedule and Progress of Services. 3.15.1 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any specific schedule that shall be set forth in the Task Order ("Schedule of Services"). Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with each Schedule, the Commission shall respond to Consultant's submittals in a timely manner Upon request of Commission's Representative, Consultant shall provide a more detailed schedule of anticipated performance to meet the relevant Schedule of Services. 3.15.2 Modification of the Schedule. Consultant shall regularly report to the Commission, through correspondence or progress reports, its progress in providing required Services within the scheduled time periods. Commission shall be promptly informed of all anticipated delays. In the event that Consultant determines that a schedule modification is necessary, Consultant shall promptly submit a revised Schedule of Services for approval by Commission's Representative. 3.15.3 Trend Meetings. Consultant shall conduct trend meetings with the Commission's Representative and other interested parties, as may be requested by the Commission. These trend meetings will encompass focused and informal discussions concerning scope, schedule, and current progress of Services, relevant cost issues, and future Project objectives. Consultant shall be responsible for the preparation and distribution of meeting agendas to be received by the Commission and other attendees no later than three (3) working days prior to the meeting. 3.15.4 Progress Reports. As part of its monthly invoice, Consultant shall submit a progress report, in a form determined by the Commission, which will indicate the progress achieved during the previous month in relation to the relevant Schedule of Services, as applicable. If applicable, submission of such progress report by Consultant shall be a condition precedent to receipt of payment from the Commission for each monthly invoice submitted. 3.16 Delay in Performance. 3.16.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. Attachment B Attachment B-7 17336.02100\7915663.5 3.16.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 3.16.1, Consultant shall provide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 3.16.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 3.17 Status of Consultant/Subconsultants; Assignment; Transfer. 3.17.1 Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.17.2 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.17.3 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. If Consultant wishes to use a firm as a subcontractor which is not specified in the proposal upon which this Agreement was awarded, prior written approval must be obtained from the Commission. The Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub -license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not Attachment B Attachment B-8 17336.02100\7915663.5 limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the Attachment B Attachment B-9 17336.02100\7915663.5 performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of consequential damages, expert witness fees, and attorneys' fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission, its directors, officials, officers, employees, consultants, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligations as set forth in this Section 3.19 shall survive expiration or termination of this Agreement. 3.20 Insurance. 3.20.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.20.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Attachment B Attachment B-10 17336.02100\7915663.5 Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: A. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) if Consultant has employees, Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.20.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim [INCREASE IF NECESSARY — OTHERWISE LEAVE AS IS AND DELETE THIS NOTE]. 3.20.4 [Reserved] 3.20.5 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: A. General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. B. Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents Attachment B Attachment B-11 17336.02100\7915663.5 shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. C. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. D. All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.20.6 Deductibles and Self -Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self -insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.20.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the Commission. 3.20.8 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Commission, its directors, officials, officers, employees, and agents. 3.20.9 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. Attachment B Attachment B-12 17336.02100\7915663.5 3.20.10Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 3.21 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.22 Fees and Payment. 3.22.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. Compensation shall be on the basis of direct costs plus a fixed fee as further set forth in Exhibit "C". The total compensation per Task Order shall be set forth in the relevant Task Order, and shall not exceed said amount without written approval of the Commission's Executive Director. 3.22.2 Payment of Compensation. Consultant shall submit a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the Statement. Charges specific to each Milestone listed in the Schedule of Services shall be listed separately on an attachment to each statement. Each statement shall be accompanied by a monthly progress report and spreadsheets showing hours expended for each task for each month and the total Project to date. Each statement shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the Consultant's Project Manager or other authorized officer. 3.22.3 Additional Work. Any work or activities that are in addition to, or otherwise outside of, the Services to be performed pursuant to this Agreement shall only be performed pursuant to a separate agreement between the parties. Notwithstanding the foregoing, the Commission's Executive Director may make a change to the Agreement, other than a Cardinal Change. For purposes of this Agreement, a Cardinal Change is a change which is "outside the scope" of the Agreement; in other words, work which should not be regarded as having been fairly and reasonably within the contemplation of the parties when the Agreement Attachment B Attachment B-13 17336.02100\7915663.5 was entered into. An example of a change which is not a Cardinal Change would be where, in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. Cardinal Changes are not within the authority of this provision to order, and shall be processed by the Commission as "sole source" procurements according to applicable law, including the requirements of FTA Circular 4220.1D, paragraph 9(0. A. In addition to the changes authorized above, a modification which is signed by Consultant and the Commission's Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement ("Bilateral Contract Modification"). B. Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission's Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission's Executive Director, Consultant shall not provide such change. 3.22.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 3.23.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.23.4 Covenant Against Contingent Fees. As required in connection with federal funding, the Consultant warrants that he/she has not employed or retained any company Attachment B Attachment B-14 17336.02100\7915663.5 or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to Section 3.14, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3.23.5 Covenant Against Expenditure of Local Agency, State or Federal Funds for Lobbying. [INCLUDE ONLY IF FEDERAL FUNDING WILL EXCEED $100,000, OTHERWISE DELETE THIS SECTION 3.23.5 AND EXHIBIT "I" AND INSERT RESERVED] The Consultant certifies that to the best of his/ her knowledge and belief no state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of the Consultant to any person for the purpose of influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the award of any state or federal contract, grant, loan, or cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. A. If any funds other than federal appropriated funds have been paid, or will be paid to any person for the purpose of influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this Agreement, the Consultant shall complete and submit the attached Exhibit "I", Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with the attached instructions. B. The Consultant's certification provided in this section is a material representation of fact upon which reliance was placed when this Agreement was entered into, and is a prerequisite for entering into this Agreement pursuant to Section 1352, Title 31, US. Code. Failure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. The Consultant also agrees by signing this Agreement that he/she shall require that the language set forth in this Section 3.23.5 be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 3.24 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. As required in connection with federal funding, the Federal Acquisition Regulations in Title 48, CFR 31 shall be the governing factors regarding allowable elements of cost. All such records shall be clearly identifiable. Consultant shall allow a representative of the Commission, the State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or Attachment B Attachment B-15 17336.02100\7915663.5 in part) during normal business hours to examine, audit, and make transcripts or copies of any and all ledgers and books of account, invoices, vouchers, canceled checks, and any other records or documents created pursuant to this Agreement. All such information shall be retained by Consultant for at least three (3) years following termination of this Agreement. Following final settlement of the contract accounts with the United States Department of Transportation under this Agreement, such records and documents may be microfilmed at the option of the Commission, but in any event shall be retained for said three (3) year period after processing of the final voucher by the United States Department of Transportation. A. The Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq. or under 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by the Consultant to the Commission. 3.25 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.26 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission's written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. 3.27 Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. 3.28 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3.29 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and, all other costs of such actions. 3.30 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.31 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. Attachment B Attachment B-16 17336.02100\7915663.5 3.32 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: COMMISSION: Attn: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. mail, first class postage prepaid, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.33 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.34 Amendment or Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.35 Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. 3.36 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.37 Provisions Applicable When Federal Department of Transportation Funds Are Involved. When funding for the Services provided by this Agreement are provided, in whole or in part, from the United States Department of Transportation, Consultant shall also fully and adequately comply with all applicable federal requirements including, as applicable and without limitation, the provisions included in Exhibits "D" and "B" (Federal Department of Transportation Requirements and California Department of Transportation (Caltrans) DBE program requirements, and the Federal Transit Administration Requirements) and shall complete, as applicable, the forms included in Exhibits "G", "H", "I" and "J". 3.38 Additional State Law Provisions. 3.38.1 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and Attachment B Attachment B-17 17336.02100\7915663.5 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages are on file at the Commission's offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.38.2 Eight -Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight -Hour Law"), unless Consultant or the Services are not subject to the Eight -Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub -consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight -Hour Law. 3.38.3 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub - consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub -consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant 3.39 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or Attachment B Attachment B-18 17336.02100\7915663.5 powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.40 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, shall survive any such expiration or termination. 3.41 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.42 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.43 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.44 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.45 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. [Signatures on following page] Attachment B Attachment B-19 17336.02100\7915663.5 SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES WITH [CONSULTANT] IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY TRANSPORTATION [INSERT CONSULTANT] COMMISSION By: [INSERT NAME], Chair By: Name Title Approved as to Form: ATTEST: By: By: Best Best & Krieger Its: Secretary General Counsel Attachment B Attachment B-20 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "A" SCOPE OF SERVICES [INSERT] Exhibit A-1 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "B" SCHEDULE OF SERVICES [INSERT] Exhibit B 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "C" COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is determined as follows: Direct Salary Costs (DS) 1_0 Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in the performance of the Services described in the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2, below.) Payroll Additives (PA) Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. (This entry is the decimal ratio of Payroll Additives to Direct Salary Costs.) Overhead Costs (OC) Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in Exhibit C-1 17336.02100\7915663.5 the Federal Acquisitions Regulations, Part 31.2. (This entry is the decimal ratio of allowable Overhead Costs to Direct Salary costs.) Total Multiplier This is the sum of the Direct Salary Costs, the Payroll Additive Costs, and the Overhead Costs Direct Labor Cost = DS+PA+OC FIXED FEE. A Fixed Fee may be set forth in each Task Order to be paid to Consultant for Consultant's complete and satisfactory performance of the Services set forth in such Task Order. In such case, Commission shall pay the Fixed Fee in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the Commission's Representative, or his or her designee. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein. ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: (SAMPLE) ITEM Per Diem Car mileage Support Vehicle Rental Car Travel Photocopies (Black & White) Photocopies (Color) Photographs/ other reprographic Services Postage/Shipping Courier Service Other Rentals, supplies, purchases REIMBURSEMENT RATE Actual Cost Current IRS Rate Actual Cost Actual Cost Actual Cost $/copy $/copy Actual Cost Actual Cost Actual Cost Actual Cost Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. Exhibit C-2 17336.02100\7915663.5 DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs are given below and are subject to the following: Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier. Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted by _% annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. (SAMPLE) POSITION OR CLASSIFICATION RANGE OF HOURLY RATES Principal $/hour Project Manager $/hour Sr. Engineer/Planner $/hour Project Engineer/Planner $/hour Assoc. Engineer/Planner $/hour Technician $/hour Drafter/CADD Operator $/hour Word Processor $/hour The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. INVOICING. Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Construction Manager. Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. Exhibit C-3 17336.02100\7915663.5 Base Work and Extra Work shall be charged separately, and the charges for each task listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. PAYMENT The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. LIST OF APPROVED SUBCONSULTANTS AND RATES Exhibit C-4 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "D" FEDERAL DEPARTMENT OF TRANSPORTATION FHWA AND CALTRANS REQUIREMENTS Notwithstanding anything to the contrary contained in the Agreement, including the other Exhibits attached thereto, the following provisions shall apply if funding for the Services is provided, in whole or in part, from the United States Department of Transportation: 1. DISCRIMINATION The Commission shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the implementation of the Caltrans DBE program or the requirements of 49 CFR Part 26. The Commission shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, of sex in the performance of this contract. Consultant or subcontractor shall carry out applicable requirements of 49 CFR Part 26 and the Caltrans DBE program in the award and administration of DOT -assisted contracts, as further set forth below. Failure by the Consultant or subcontractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Commission deems appropriate. 2. PROMPT PAYMENT Consultant agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the Commission. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Commission. This clause applies to both DBE and non -DBE subcontractors. 3. RELEASE OF RETAINAGE The Commission shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Commission of the contract work and pay retainage to prime contractors based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a lower tiered subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Commission. Federal regulations (49 CFR 26.29) require that any delay or postponement of payment over 30 days may take place only for good cause and with the Commission's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, Exhibit D-1 17336.02100\7915663.5 sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. 4. LEGAL REMEDIES In addition to those contract remedies set forth under relevant provisions of California law, either party to this Agreement may, where applicable, seek legal redress for violations of this Agreement pursuant to the relevant provisions of 49 C.F.R. Parts 23 and 26, to the relevant federal or state statutory provisions governing civil rights violations, and to the relevant federal and state provisions governing false claims or "whistleblower" actions, as well as any and all other applicable federal and state provisions of law. The Consultant shall include a provision to this effect in each of its agreements with its subcontractors. 5. DBE PARTICIPATION. Caltrans has developed a revised statewide DBE program pursuant to 49 C.F.R. Part 26. The requirements and procedures, as applicable, of the Caltrans DBE program are hereby incorporated by reference into this Agreement. Even if no DBE participation will be reported, Consultant shall complete Exhibits "G" and "H" of this Agreement in compliance with the Caltrans DBE program. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. Consultant shall be responsible for meeting the DBE requirements set forth in the Caltrans DBE program, and any revisions thereto, or as may be promulgated by the Commission as set forth in each Task Order assigned to Consultant. A. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor to carry out these requirements is a material breach of this Exhibit D-2 17336.02100\7915663.5 Agreement, which may result in the termination of this Agreement or such other remedy as the Commission, Caltrans or the Department of Transportation deems appropriate. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 6. DBE PARTICIPATION GENERAL INFORMATION. It is Consultant's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Caltrans DBE program. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE joint -venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint -venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work, as more fully described in section 8 below. E. The Consultant shall list only one subcontractor for each portion of work as defined in the Consultant's bid/proposal and all DBE subcontractors should be listed in the Consultant's bid/cost proposal list of subcontractors. F. A Consultant who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. 7 . COMMERCIALLY USEFUL FUNCTION. A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; Exhibit D-3 17336.02100\7915663.5 whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 8. DBE CERTIFICATION AND DE -CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de -certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Commission's Representative within 30 days. 9. DBE RECORDS. A. The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the most current version of the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprises (DBE)," CEM- 2402F (Exhibit 17-F in Chapter 17 of the LAPM), certified correct by the Contractor or the Contractor's authorized representative and shall be furnished to the Commission's Representative with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)" is submitted to the Commission's Representative. C. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Commission's Representative showing the amount paid to DBE trucking companies. The Exhibit D-4 17336.02100\7915663.5 Contractor shall also obtain and submit documentation to the Commission's Representative showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. D. The Contractor shall also submit to the Commission's Representative documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans "Monthly DBE Trucking Verification," CEM-2404(F) form provided to the Contractor by the Commission's Representative. 10. REPORTING MATERIAL OR SUPPLIES PURCHASED FROM DBEs. When Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows: A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the Exhibit D-5 17336.02100\7915663.5 delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 11. REPORTING PARTICIPATION OF DBE TRUCKING COMPANIES. When Reporting DBE Participation, Participation of DBE trucking companies may count as follows: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insure, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this section, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 12. Debarment, Suspension and other Ineligibility and Voluntary Exclusion. In accordance with 49 CFR Part 29, which by this reference is incorporated herein, Consultant's subconsultants completed and submitted the Certificate of Sub Consultant Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion as part of the Consultant's proposal. If it is later determined that Consultant's subconsultants knowingly rendered an erroneous Certificate, the Commission may, among other remedies, terminate this Agreement. Exhibit D-6 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "E" FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS Notwithstanding anything to the contrary contained in the Agreement, including the other Exhibits attached thereto, the following provisions shall apply if funding for the Services is provided, in whole or in part, from the Federal Transit Administration ("FTA"). In addition, the exhibits attached to this Agreement, may be replaced and substituted with similar forms required by FTA. Consultant agrees to complete any such substitute forms. 1. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD -PARTIES BY USE OF A DISCLAIMER (Master Agreementl §2.f) (1) The Commission and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government ("Government"), the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Commission, Consultant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Consultant agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subconsultant who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (Master Agreement §3.f) (1) The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Consultant certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, U.S.C. (Highways), Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, the National Capital Transportation Act of 1969, as amended, the Transportation Equity Act for the 21st Century, as amended, 23 U.S.C. § 101 note, or other Federal enabling legislation; FTA MA(14); October 1, 2007; [http://www.fta.dot.gov/documents/14-Master.pdf]. Exhibit E-1 17336.02100\7915663.5 Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate. (2) The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53 or any other Federal law, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Consultant, to the extent the Federal Government deems appropriate. (3) The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions. 3. ACCESS TO RECORDS (Master Agreement § § 8.c, d, 15.t) (1) The Consultant agrees to provide the Commission, the FTA Administrator, the U.S. Secretary of Transportation, the Comptroller General of the United States or any of their authorized representatives access to all Project work, materials, payrolls, and other data of the Consultant which are directly pertinent to this contract as required by 49 U.S.C. § 5325(g). (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of transmission of the final expenditure report, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Consultant agrees to maintain same until the Commission, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). (4) The Consultant agrees to require its subcontractors and third party contractors to provide the same. 4. FEDERAL CHANGES (Master Agreement §2.c(1)) Consultant shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement or Cooperative Agreement between the Commission and the Federal Government Exhibit E-2 17336.02100\7915663.5 ("Grant Agreement or Cooperative Agreement"), as they may be amended or promulgated from time to time during the term of this contract. Consultant's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS REQUIREMENTS (Master Agreement § 12) (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21, FTA Circular 4702.1A, "Title VI and Title VI — Dependent Guidelines for Federal Transit Administration Recipients," May 13, 2007, Federal transit law at 49 U.S.C. § 5332, the Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex — The Consultant agrees to comply with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and equal employment opportunity provisions of 49 U.S.C. § 5332, and all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. (3) Age - In accordance with the Age Discrimination in Employment Act, as amended, 29 U.S.C. §§ 621 through 634 and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. Exhibit E-3 17336.02100\7915663.5 (4) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. (5) DBE Program Compliance - The Commission has established a DBE Program pursuant to 49 C.F.R. Part 26, which applies to FTA funded agreements. The requirements and procedures of the Commission's DBE Program are hereby incorporated by reference into this Agreement. Consultant shall complete Exhibits "G" and "H" of this Agreement, or similar forms to be provided by the Commission, in compliance with the Commission's DBE Program for FTA funded agreements. Failure by Consultant or its subcontractor(s) to carry out the Commission's DBE Program procedures and requirements, or the applicable requirements of 49 C.F.R. Part 26, section 1101(b) of SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26, shall be considered a material breach of this Agreement. Such a material breach may be grounds for termination of this Agreement or such other appropriate administrative remedy as the Commission deems appropriate. The Consultant shall ensure that a provision mandating compliance with the Commission's DBE Program for FTA funded agreements is included in any and all sub -agreements entered into which arise out of or are related to this Agreement. Consultant shall also promptly provide the Commission with all necessary information related to the DBE status of its subcontractors. Should the DBE status of any of its subcontractors change in any way, Consultant shall promptly inform the Commission of this change. (6) The Consultant also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 6. TERMINATION PROVISIONS (Master Agreement § 11) The termination provisions found at Section 3.14 of this Agreement are consistent with the termination provisions suggested by FTA for the protection of the Federal Government. The termination provisions found at Section 3.14 of this Agreement control termination under this Agreement. 7. DEBARMENT AND SUSPENSION (Master Agreement §3.b) Exhibit E-4 17336.02100\7915663.5 Instructions for Certification 1. By signing and submitting a Proposal, the Consultant is providing the signed certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Commission may pursue available remedies, including suspension and/or debarment. 3. The Consultant shall provide immediate written notice to Commission if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact Commission for assistance in obtaining a copy of those regulations. 5. The Consultant agrees by submitting a Proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by Commission. 6. The Consultant further agrees by submitting a Proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Exhibit E-5 17336.02100\7915663.5 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, Commission may pursue available remedies including suspension and/or debarment. 10. The Consultant agrees to comply, and assures the compliance of each subconsultant, lessee, or third party contractor, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29. 11. The Consultant agrees to, and assures that its subconsultants, lessees and third party contractors have reviewed the "Excluded Parties Listing System" at http://elps.gov/ before entering into any third sub agreement, lease or third party contract. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (1) The Consultant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the Consultant is unable to certify to the statements in this certification, it shall attach an explanation to this proposal. 8. PROVISIONS FOR RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION (Master Agreement §53) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the Commission Executive Director, or his or her designee. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written appeal to the Commission's Executive Director, or his or her designee. In connection with any such appeal, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Commission's Executive Director, or his or her designee, shall be binding upon the Consultant and the Consultant shall abide be the decision. Performance During Dispute - Unless otherwise directed by Commission, Consultant shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others Exhibit E-6 17336.02100\7915663.5 for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Commission and the Consultant arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Commission is located. Rights and Remedies - The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Commission, or Consultant shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. FTA Notification - Consultant shall notify FTA in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project. If the Consultant wishes to name the Federal Government as a party to litigation, the Consultant shall inform FTA in writing before doing so. 9. LOBBYING (Master Agreement §3.d) Lobbying Restrictions. To the extent applicable, Consultant agrees to: (1) Comply, and assure the compliance of each subcontractor at any tier, with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. (2) Comply with Federal statutory provisions, to the extent applicable, prohibiting the use of Federal assistance funds for activities designed to influence Congress or a State legislature on legislation or appropriations, except through proper, official channels. 10. CLEAN AIR (Master Agreement §25.b) (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § § 7401 through 7671 q. The Consultant agrees to report each violation to the Commission and understands and agrees that the Commission will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Exhibit E-7 17336.02100\7915663.5 (2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 11. CLEAN WATER (Master Agreement §25.c) (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 through 1377. The Consultant agrees to report each violation to the Commission and understands and agrees that the Commission will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 12. ENERGY CONSERVATION (Master Agreement §26) Energy Conservation. To the extent applicable, Consultant agrees to comply with the mandatory energy efficiency standards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq. To the extent applicable, Consultant agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations, "Requirements for Energy Assessments," 49 C.F.R. Part 622, Subpart C. 13. CONFORMANCE WITH NATIONAL ITS ARCHITECTURE (Master Agreement § 15.m) National Intelligent Transportation Systems Architecture and Standards. To the extent applicable, Consultant agrees to conform, to the extent applicable, to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued. 14. ADDITIONAL REQUIREMENTS (Master Agreement § 39, 40, 41, 42, 43, 48) To the extent applicable, Consultant agrees to comply with the Federal programs specified below and, with regard to such programs, Consultant agrees not compromise the Commission's compliance with Federal requirements as pertains to the Project. Exhibit E-8 17336.02100\7915663.5 The Programs are as follows: (1) Urbanized Area Formula Program authorized under 49. U.S.C. § 5307. (2) Elderly Individuals and Individuals with Disabilities Formula Program authorized under 49 U.S.C. § 5310 as amended by SAFETEA-LU and subsection 3012(b) of SAFETEA-LU, 49 U.S.C. § 5310 note, respectively. (3) New Freedom Program authorized under 49 U.S.C. § 5317. (4) Nonurbanized Area Formula Program authorized under 49 U.S.C. § 5311(b). (5) Clean Fuels Grant Program authorized under 49 U.S.C. § 5308. (6) Job Access and Reverse Commute Formula Grant Program authorized under 49 U.S.C. 5316. 15. RELEASE OF RETAINAGE (49 CFR 26.29) § The Commission shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Commission of the contract work and pay retainage to prime contractors based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Commission. Federal regulations (49 CFR 26.29) require that any delay or postponement of payment over 30 days may take place only for good cause and with the Commission's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. 16. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by the Federal Transit Authority, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the Federal Transit Authority, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other Exhibit E-9 17336.02100\7915663.5 provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Commission requests which would cause the Commission to be in violation of the FTA terms and conditions. Exhibit E-10 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "F" Certificate of Consultant I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address is , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal - aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. By: Signature Name Title Date Exhibit F 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "G" DISADVANTAGED BUSINESS ENTERPRISE (DBE) FORMS/COMMITMENTS [forms on following pages] Exhibit G 17336.02100\7915663.5 NOTICE TO BIDDERS/ OFFERORS DISADVANTAGED BUSINESS ENTERPRISE INFORMATION 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "bidder" also means "proposer", "consultant", or "offeror." • The term `Agreement' also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Offeror. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. PROJECT GOAL A. The Commission affirmatively assures that DBE firms will be afforded full opportunity to submit an offer in response to this solicitation and that no bidder, contractor or subcontractor will be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award. When appropriate, the Commission establishes goals for participation by DBE firms in federally funded contracts. B. For this contract the Commission has will establish, if applicable, a DBE goal based on the work described in the Task Order. Attention is directed to the Contract Compliance Provisions/DBE Requirements set forth in Exhibit "D" hereof, as well as all other requirements set forth in the RFQ. 3. SUBMISSION OF DBE INFORMATION If a Bidder meets the established DBE goals for this Project, its bid will be considered fully responsive to the DBE requirement. To meet this requirement, Bidder must comply with the Disadvantaged Business Enterprise requirements of the contract Documents set forth in this Exhibit "H". As part of these requirements, Bidder must submit a completed DBE Commitment form 15-G with its SOQ. If a Bidder does not achieve the DBE goals, its bid may, nevertheless be deemed responsive to the DBE requirement if, and only if it meets the good faith efforts requirement set forth herein. As part of these requirements, the Bidder must submit, with its bid, full documentation which evidences its good faith efforts to comply with the documentation provisions of the DBE requirements, as described herein. Bidder must submit, with its bid, Form 15 H — DBE Information —Good Faith Efforts if the DBE goal is not met or exceeded. 4. DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed, pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE joint -venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint -venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. E. The Bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. F. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Bidder/Offeror may call (916) 440-0539 for web or download assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep/. C. How to Obtain a List of Certified DBEs without Internet Access DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. VERIFICATION/DECLARATION: Offeror understands, acknowledges and agrees that the DBE participation goal for this Project is (TBD — to be assigned with Task Order). Offeror also understands, acknowledges and agrees that it must carefully examine all DBE provisions associated with this Project, and Offeror warrants that it has complied with this requirement. I declare under penalty of perjury under the laws of the State of California that the foregoing declarations are true and correct: Executed , 20 By: Type or Print Name Signature Title Subscribed and sworn before me This day of , 20 Notary Public in and for the State of California EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS LOCAL AGENCY: ON THE REVERSE SIDE OF THIS FORM LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT: BID DATE: $ BIDDER'S NAME: CONTRACT DBE GOAL: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTIONDBE OR SERVICES TO BEAND SUBCONTRACTED OR MATERIALS TO BE PROVIDED (or contracted if the bidder is a DBE) CERT NO. EXPIRATION DATE NAME OF EACH DBEDOLLAR (Must be certified on the date bids are opened - include DBE address and phone number) AMOUNT DBE For Local Agency Local Agency Contract Number: Federal -aid Project Number: Federal Share: to Complete: Total Claimed DBE Participation ok Contract Award Date: Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. — Signature of Bidder — Date (Area Code) Tel. No. Local Agency Bidder DBE Commitment (Construction Contracts) (Rev 6/26/09) Print Name Local Agency Representative (Area Code) Telephone Number: Signature Date Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract execution. Failure to send a copy to the DLAE within 30 days of contract execution may result in de -obligation of funds for this project. (2) Copy — Include in award package to Caltrans District Local Assistance (3) Original — Local agency files INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information must be submitted with your bid. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First -Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. Bid Opening Date The (City/County of) established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The information provided herein shows that a good faith effort was made. Bidders shall submit the following information to document adequate good faith efforts when the Bidder is unable to meet the established DBE goal. Bidders should consider submitting the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) Of (Y/N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. Local Assistance Procedures Manual EXHIBIT 17-F Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION FINAL REPORT -UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST -TIER SUBCONTRACTORS CEM-2402F (REV 02/2008) ADA Notice CONTRACT NUMBER COUNTY ROUTE POST MILES FEDERAL AID PROJECT NO. ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT $ DESCRIPTION OF WORK CONTRACT PAYMENTS ITEM PERFORMED AND COMPANY NAME AND DBE CERT. DATE OF FINAL PAYMENT NO. MATERIAL PROVIDED BUSINESS ADDRESS NUMBER NON DBE DATE WORK -DBE COMPLETE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ORIGINAL COMMITMENT $ TOTAL $ $ DBE List all First -Tier Subcontractors, Disad vantaged Business Enterprises (DBEs) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approve d at time of award, provide comments on back of form. List actual amount paid to each entity. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE'S SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE AND CORRECT RESIDENT ENGINEER'S SIGNATURE BUSINESS PHONE NUMBER DATE Copy Distribution-Caltrans contracts: Copy Distribution -Local Agency contracts: Original - District Construction Original - District Local Assistance Engineer (submitted with the Report of Expenditure Copy- Business Enterprise Program Copy- District Local Assistance Engineer Copy- Contractor Copy- Local Agency file Copy Resident Engineer LPP 09-02 Page 17-21 July 1, 2012 Exhibit G-5 17336.02100\7915663.5 EXHIBIT 17-F Local Assistance Procedures Manual Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors FINAL REPORT — UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST -TIER SUBCONTRACTORS CEM 2402(F) (Rev. 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal -aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights web site at: http://www.dot.ca.gov/hq/bep or by calling (916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Program Status Column to be used If program status shows DBE only with no other programs listed DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 July 1, 2012 LPP 09-02 Exhibit G-6 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "H" DISCLOSURE OF LOBBYING ACTIVITIES [Attached behind this page] Exhibit H 173 3 6.02100\7 915 6 63.5 Local Assistance Procedures Manual EXHBIT 10-Q Discosure of Lobbying Activities Exhibit 10-Q Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: ❑ a. bid/offer/application b. initial award a post -award 3. Report Type: ❑ a. initial b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission ❑a. cash d. contingent fee b. in -kind; specify: nature e deferred value f other, specify 14. Brief Description of Services Performed or to be performed and Datc(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheets) attached: Yes ❑ No ❑ 16, information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Signature: Print Name: Title: to a civil penalty of not less than S 10,000 and not more than S100,000 for each such failure. Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form - LLL Standard Form ILL Rev. 04-28-06 LPP 06-02 Exhibit H-1 Page 10-77 May 1, 2006 17336.02100\7915663.5 EXHBIT 10-Q Local Assistance Procedures Manual Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the her of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4. checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (1FB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "REP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90.ENDIFn Page 10-78 May 1, 2006 Exhibit H-2 LPP 06-02 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "I" CERTIFICATION OF OFFEROR REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS [Attached behind this page] Exhibit I 17336.02100\7915663.5 CERTIFICATION OF OFFEROR REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The undersigned certifies to the best of his or her knowledge and belief, that (name of Offeror) and its principles: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this subcontract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and 4. Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State, or local) terminated for cause or default. The Offeror certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et seq. are applicable thereto. By: By: (Signature) (Signature) (Print Name) (Print Name) (Title) (Title) (Date) (Date) Exhibit I-1 17336.02100\7915663.5 MODEL AGREEMENT - EXHIBIT "J" DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO COMMISSIONERS [Attached behind this page] Exhibit J 17336.02100\7915663.5 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO COMMISSIONERS Government Code Section 84308, 2 California Code of Regulations 18438.1, Et Seq. No Commissioner of the Riverside County Transportation Commission shall receive or solicit a campaign contribution of more than $250 from Bidder, or Bidder's agent, during the time of: 1) Bid solicitation; 2) Consideration of Bids received; and, 3) Awarding of a contract based on a Bid (collectively referred to as the "Proceeding"), and for 3 months following the conclusion of the Proceeding. This prohibition does not apply to the awarding of contracts that are competitively bid. In addition, Commissioners cannot participate in any such matters if they have received more than $250 in campaign contributions within the last year from anyone financially interested in the Proceeding, such as Bidder and/or Bidder's agent. Pursuant to these requirements, Bidder shall disclose any campaign contribution in an amount of more than $250 made by Bidder, and/or Bidder's agent, to any Commissioner within 12 months from the date of these Bid Documents/Request For Proposals (as applicable). For the purposes of this disclosure obligation, contributions made by Bidder within the preceding 12 months shall be aggregated with those made by Bidder's agent within the preceding 12 months or the period of the agency relationship between Bidder and Bidder's agent, whichever is shorter. In addition, Bidder and/or Bidder's agent shall not make a contribution of more than $250 to a Commissioner during the Proceeding and for 3 months following the conclusion of the Proceeding. The disclosure by Bidder, as set forth, herein, shall be incorporated into the written record of the Proceeding and shall be made available to the public for inspection and copying. The following is a list of the Commissioners of the Riverside County Transportation Commission: Kevin Jeffries, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Bob Botts / Deborah Franklin, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ella Zanowic / Jeff Hewitt, City of Calimesa Mary Craton / Randy Bonner, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Karen Spiegel / Eugene Montanez, City of Corona Scott Matas / Yvonne Parks, City of Desert Hot Springs Adam Rush / Ike Bootsma, City of Eastvale Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Ty Peabody, City of Indian Wells Glenn Miller / Michael Wilson, City of Indio Frank Johnston / Michael Goodland, City of Jurupa Valley Terry Henderson / Don Adolph, City of La Quinta Exhibit J-1 17336.02100\7915663.5 Bob Magee / To Be Appointed, City of Lake Elsinore Scott Mann / Wallace Edgerton, City of Menifee Tom Owings / Marcelo Co, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Berwin Hanna / Kathy Azevedo, City of Norco Jan Harnik / To Be Appointed, City of Palm Desert Ginny Foat / Steve Pougnet, City of Palm Springs Daryl Busch / Al Landers, City of Perris Ted Weill / Scott Hines, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Andrew Kotyuk / Scott Miller, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Ben Benoit / Timothy Walker, City of Wildomar Basam Muallem, Governor's Appointee I/We hereby disclose the following political contributions of more than $250 made within the preceding 12 months and for 3 months following the conclusion of the Proceeding to any Commissioner: Date of Contribution Amount of Contribution Recipient Date of Disclosure (Same As Bid Date) BIDDER: (Attach Additional Sheet, If Necessary) Signature of Bidder Name Title Company Address City, State & Zip Code Exhibit J-2 17336.02100\7915663.5 AGENDA ITEM 80 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Access Easement to the Riverside County Flood Control and Conservation District Water WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Grant the Riverside County Flood Control and Water Conservation District (RCFC&WCD) an access easement at the Moreno Valley March Field Station site; 2) Approve Agreement No. 14-33-024-00 between the Commission and RCFC&WCD pertaining to the roles and responsibilities of each regarding the property, improvements, drainage facility, and easements at the station site and reimbursement of RCFC&WCD costs not to exceed $5,000; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: On January 11, 2012, the Commission closed escrow on the site for the future Moreno Valley March Field Station, which will be constructed as part of the Perris Valley Line project. RCFC&WCD had a pre-existing 34-foot easement along the northern parcel boundary for drainage and access purposes. RCFC&WCD uses the easement to access its drainage facility within that easement as well as accessing other drainage facilities along the easterly boundary of the parcel. The current easement is within the station's future parking area, so RCFC&WCD's access will be affected once construction of the station begins. The Commission and RCFC&WCD have settled upon an agreement that defines the rights and responsibilities of each party at the station site. As part of that agreement, RCFC&WCD agreed to give up the rights to use the existing easement to gain access to its other facilities, in exchange for a new access easement located where it will not conflict with the proposed station improvements. This new easement is defined as Access Road 1 and Drive Approach on the station site plan. The agreement will be executed concurrently with the easement. Agenda Item 80 534 Staff recommends granting RCFC&WCD an access easement to access its existing drainage facilities in exchange for RCFC&WCD relinquishing its other access rights. The Commission is required to reimburse RCFC&WCD for costs related to the processing and administration of the agreement in an amount not to exceed $5,000. Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $5,000 Source of Funds: 1989 Measure A Western County Rail Budget Adjustment: No GL/Project Accounting No.: 003800 81403 221 33 81401 Fiscal Procedures Approved: 1-X€4,,,i-e.0,34 Date: 08/20/2013 Attachments: 1) Moreno Valley March Field Station Site Plan; 2) Legal definition and plat map for Access Easement Area; and 3) Agreement No. 14-33-024-00 Agenda Item 80 535 ATTACHMENT 1 -o 0 t w a 0 U V 0, 0 >a a—o Nn= DEa roa w ¢ /oce ?ate o ��o a oyo II 0, N N W015a NA10 0 O = I C C M o o 0.... f aVQ¢ o ce Ir N y o u g/C U N MAIN r ronaa Ooo aoa goo Nr,1n� N O O. M flVo N-UC7 R/W NAP APN 297-100-049 /�-� - / / - / / / I I NAP LOT 2 APN 297-100-034 DRAINAGE AND ACCESS EASEMENT \'N \'N NN I I I I EXISTING 20'� WATER EASEMENT / APN 297-100-062 EXISTING TRACK PEDESTRIAN BRIDGE PVLM TRACK OVER EXISTING SD CHANNEL - 112'706- I 1, APN 297-100-056 I 1 UNRECORDED I 1 30'FUfL AND I ( ACCES§ EASEMENT SJBL TRACK 613.00 -61POIT - I- - - L 675r00 ao won■�� 61600 / ■Ei 510.0' I�lltt Q� 11 �, _ o.,7. •-I I I 11 it 850.0' FUTURE PLATFORM EXTENSION 17-- , I I,I- 4.00 EXTENSION- 35•00 02 _ %�/=`/'/i/ r- —�- — — —, — — luTURE - -I-PraTFORM - T _ S //II//A%%I% .moo scc sc� - �s vcscce rca� �.IAM?, iffir Arl," ��/' /' �`4r..�.r -N:E� ,t t_. �., r+jam+(I :r�,�•�s�� �s�� � t� .■f'-" I I Etttttt■ „ I II I I I I I I I I I I .119,4 a.■a.. M■■■■■ : �u �® I KISS & RIDE 1 L- DRIVE tt PPROACHO - - GRAVEL ACCESS ROAD 7 (INTERIM -CMD1TION1 -� -1- -�- --I EXISTING ACCESS EASEMENT EXISTING GATE ADDITIONAL ACCESS EASEMENT AREA / (RCFC MAINTAINED) f•p■nntu•tutututu■tu•tut••• Intirr J ■�■■■■■■■■■■■►►� KISS & RIDE LOT 4 APN 297-'00-036 nlllII II ll11 1 1 I n /c) / � I u 1 1 NII I n Ian 1011 1 CC11 1(no 1WO loll --- IQnII I R/W / I • I I I I I I I I I RCTC FUTURE USE NAP LOT 9 APN 297-100-041 EXIST 15' SEWER ESMT MERroIAN \� NAP LOT 8 \ \ APN 297-100-047 \ \ \ \ \ \ EXIST 29' DRAINAGE AND ACCESS ESMT NAP LOT 10 APN 297-100-042 U / / - - - PA-R1_CWkO • // / t Illlllllllllulll�llllll// / r 00 O a CC N W U U a TO PERRIS i 7 5d' DRAINAGEIL AND ACCESS IEASEME<11T / 1I / f:114111111111I�� LEI U U _ �U 40 / ( ) ( ) C / 710 NAP LOT 6 APN 297-100-038 Qo NAP LOT 7 APN 297-100-048 00 0070 c C ) C a APN 297-100-064 60 45 30 15 0 60 120 1" = 60'-011 NOT F �R C 00TR ucT1O N INFORMATION CONFIDENTIAL All plans drawin4 specifications. hed O nfVollre a tIn sped rewith snallre Co me Property if the Riverside county_ ronrrht rc cpmmis:.on nd shall be hem co Lfor any and shall not be used for any Coet me"e. tniomedde Drony nspartsaiiian Commission DESIGNED BY J. DAVIDSON DRAWN BY D. BARRAZA IlieW RIVERSIDE COUNTY TRANSPORTATION COMMISSION CHECKED BY M. SAT ISH APPROVED - BY SCRRA APPROVED - BY RCTC 9-8-11 90% INTERIM DESIGN REVISION SUBMITTAL CURRENT SCRRA GADD DRAFTING STANDARDS, GUIDELINES AND CRITERIA WILL BE FOLLOWED TO THE GREATEST EXTENT PRACTICABLE FOR ENGINEERING DESIGN AND PLAN PREPARATION APPROVED BY R. OUIRK DATE 9-8-11 A, STV Incorporated ENOINEERWARCHITEUWFLANNERVCONSTRUCTION MANAGERS 9130 ANAHEIM PLACE, SUITE 210 RANCHO CUCAMONGA, CA. 91730-8540 536 RCTC PERRIS VALLEY LINE MORENO VALLEY / MARCH FIELD STATION C SITE PLAN CONTRACT NO. CO7-33-123-00 DRAWING NO. _STA/SEGMENT DISCIPLINE/SEQUENCE c C-110 REVISION SHEET N0. 861 OF 2523 SCALE REV. DATE APP. 1" = 60'- 0" ATTACHMENT 2 Perris Valley Project 09-0461 December 24, 2012 APN: 297-100-036 Sheet 1 of 1 EXHIBIT A LEGAL DESCRIPTION Real property situated in the unincorporated territory of Riverside County, State of California, being that portion of Lot 4, as shown on that certain Tract Map No. 30857-2, filed on May 21, 2007, in Book 422 of Maps, at Pages 4 through 1 I , in the Office of the County Recorder, Riverside County, being more particularly described as follows: COMMENCING at a gear spike and washer stamped, "KHA L.S. 8012", in lieu of a brass disk in well monument marking the northwesterly terminus of a course in the centerline of Meridian Parkway being shown as "North 35°36'32" West, 194.22 feet" on said Tract Map; Thence South 65°07'26" East, 113.65 feet to a point on the northeasterly 112-foot wide right-of-way line of said Meridian Parkway, said point also being the TRUE POINT OF BEGINNING; Thence North 52°17'25" East, 455.44 feet to the beginning of a curve to the left, concave westerly, having a radius of 20.00 feet; Thence along said curve through a central angle of 90°00'00", an arc distance of 31.42 feet; Thence North 37'42'35" West, 206.68 feet to a point on the north line of said Lot 4; Thence along said north line of said Lot 4, North 75°11'48" East, 31.02 feet to a 1-1/4- inch iron pipe tagged, "L.S. 8012", as shown on said Tract Map; Thence continuing along said north line of said Lot 4, North 63°25'51" East, 124.98 feet to a I -1i'4- inch iron pipe tagged, "L.S. 8012", as shown on said Tract Map; Thence leaving said north line, South 45°27'51" East, 29.91 feet; Thence South 36°33'02" West, 9.93 feet; Thence South 52°17'25" West, 50.29 feet; Thence, at right angles, South 37°42'35" East, 109.68 feet; Thence, at right angles, South 52°17'25" West, 503.91 feet to a point on the said northeasterly right-of-way line of Meridian Parkway; Thence along said right-of-way line of Meridian Parkway, North 35°36'10" West, 40.03 feet to the TRUE POINT OF BEGINNING. Containing an area of 31,277 square feet, or 0.72 acres, more or less, as shown on the Plat, Exhibit " B" to Accompany Legal Description, attached and made a part hereof. Bearings used in this description and its accompanying plat are based upon the California Coordinate System, Zone 6, North American Datum of 1983, epoch 2007.00. Distances are in grid. Multiply distances by 1.0000648 to obtain ground distances. Prepared by: Michael A. Cusick PLS No. 7885 1-1:1Projects1SCR0904611SurveylBoundarylLegal Descriptio 24-Dec-12 537 LOT 3, BLOCK 11 MAP OF THE ALESSANDRO TRACT (MB 6/13) S45°27'511 29.91 ' N75' 1 1 '48 "E 31.02' 6� 50 cc> G0� S042; / Q�%5�SMj Pj / 0r 0, �, / (MB 422/4 - 1 1) Q� FND, 1- 1 /4 " I.P. W/TAG, (. S. 012 " (MB 422/4 - 1 1) LOT 3 TRACT 30857-2 (MB 422/4 -1 1) MJPA 9.00' WIDE LANDSCAPE AND MAINTENANCE ESMT i(A48422/4 -1 1) '' E 100-FT. WIDE RCTC R/W EASEMENT 0993— 1 16807, PCL. 14) -�'� • --- RCFC & WO DRAINAGE & ACCESS I a. 9.93' , , ESMT (DOC. #201 1- 0389220) S5717'25 "W 50.29' S37°42'35 "E 1 109.68' N37°42'35 "W 206.68 / RCTC R-20.00' 4=90°00'00" L=31.42' �,`� APN 297100-036 w� LOT 4, TRACT 30857-2 a- �r- Lu N N z N`. LEGEND SUNECT PARCEL LINE' STREET RIGHT OF WAY OR PROPERTY LINE RCTC RIGHT OF WAY LINE I` , ) P.O.C. T.P.O.B. � N - Now `b N�NAO \o N NLr-) q No "•,,L,-;°N tin o<<//NX 0 �/\ `l'?X� / 4��P / / �.P.O.B. 7/-7 -22N I R_ 4-35`30'1 / of 6� ;DN.'.03' �'. �- �` . ---- (= 991. � i 65 0� 65 N3536 ' 0 "W 1„ i o 1 1(6 1 ur) PARCEL AREA = 31,277 SQ.FT. RECORD DATA POINT OF COMMENCEMENT TRUE POINT OF BEGINNING FND. GEAR SPIKE & WASHER STAMPED, "KHA L.S. 8012", IN LIEU OF BRASS DISK IN WELL MONUMENT (MB 422/4-11) FND. NAIL & TAG L.S. 8012 SET IN TOP OF CURB, ACCEPTED AS THE PROLONGATION OF LOT LINE (MB 422/4-11) R1900.00' 4=02°04'48" 0=02'04'43') L=68.98' (L-68.93') SEC. 15, T.3S., R. 4W. S.B.B. &M. / / ` N35°3610"W 194. 14' 1 C 1 P.O.C. (N35°36'32'W 194.22) MERIDIAN (1 12.00' UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY STATE OF CALIFORNIA 100' 0 50' 100' A MJPA 9.00' WIDE ESMT (MB 422/4-11) PARKWAY WIDE) 200' RAIL SURVEYORS & ENGINEERS, INC. 1075 Old County Road Belmont, CA 94002 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION RCFC AND MJPA ACCESS EASEMENT OVER STATION ACCESS ROAD 1 Date: 12/24/12 Scale: 1"=10a By: MC Sheet No.: 1 OF 1 Rev: 538 ATTACHMENT 3 154240 1 AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 2 AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION Tract 30857-2, Lot No, 4 3 March Business Center Storm Drains and Detention Basins Project No. (4-0-00530) 4 This Agreement ("Agreement") is made this day of , 2013 by and 5 between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION 6 DISTRICT, a body politic organized and existing pursuant to Chapter 48 of the Appendix to 7 the California Water Code, ("DISTRICT"), and the RIVERSIDE COUNTY 8 TRANSPORTATION COMMISSION, a county transportation commission created and 9 existing pursuant to California Public Utilities Code Sections 130053 and 130053.5, 10 11 ("RCTC"). RECITALS 12 13 WHEREAS, RCTC is the owner of certain real properly referenced as Lot 4 of Tract 14 Map 30857-2, APN 297-100-036 situated in the County of Riverside, California, 15 ("PROPERTY"), as shown in Attachment "A", attached hereto and by this reference 16 incorporated herein, for the purpose of constructing, maintaining and operating a commuter 17 railway station on PROPERTY; and 18 WHEREAS, RCTC operates and maintains rail facilities adjacent to PROPERTY; and 19 WHEREAS, PROPERTY is subject to and encumbered by 1) certain easements and 20 rights of way in favor of DISTRICT ("DISTRICT EASEMENTS") necessary for the access, 21 construction, operation, and maintenance of the March Business Center Storin Drains 22 referenced as Easements "D" and "J", as recorded in the Official Records of the County of 23 Riverside, Tract Map 30857-2 on May 21, 2007 in Map 422, Page 7 as Instrument No. 2007- 24 0334147, as shown on Attachment "B", attached hereto and by this reference incorporated 25 herein; 2) two Quitclaim Deeds from March Joint Powers Authority to DISTRICT as recorded 26 in the Official Records of the County of Riverside on September 1, 2011 as Instrument Nos. 27 2011-0389220 and 2011-0389222. DISTRICT operates and maintains Line B ("LINE B") as 28 154240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 shown on Attachment "C", and DISTRICT Drawing No. 4-821. LINE B is located within Easement "D". Easements "D" and "J" are also referenced as District Parcel Nos. 4530-502A, and 4530-502B, respectively; and WHEREAS, this Agreement relates to that portion of PROPERTY where a pedestrian bridge, a future parking lot, drive approach and Access Roads 1 and 4 ("IMPROVEMENTS" as defined herein and shown on Attachment "D") will be constructed, operated and maintained by RCTC as part of a commuter railway station named the March Field Station and IMPROVEMENTS will, in part, encroach upon DISTRICT EASEMENTS and LINE B constructed thereon. IMPROVEMENTS are depicted on Attachment "D", attached hereto and by this reference incorporated herein; and WHEREAS, DISTRICT and RCTC enter into this Agreement to establish their respective roles and responsibilities concerning PROPERTY, IMPROVEMENTS, LINE B, and DISTRICT EASEMENTS. NOW, THEREFORE, with regard to the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto mutually agree as follows: AGREEMENT I. DISTRICT RIGHTS AND RESPONSIBILITIES. DISTRICT shall: 1. Review and comment on (without approval authority) the plans and specifications for IMPROVEMENTS ("PLANS") prior to RCTC commencing construction. DISTRICT shall have the right to disapprove PLANS only if DISTRICT detemiines, in good faith, that IMPROVEMENTS as shown in PLANS unreasonably interfere with DISTRICT EASEMENTS or LINE B as determined by DISTRICT. DISTRICT shall have 60 days to review and comment on PLANS. 2. Observe and make periodic inspections of DISTRICT EASEMENTS and IMPROVEMENTS during their construction to verify RCTC'S compliance with PLANS and I54240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the terms of this Agreement. 3. Notify RCTC of any use or condition of RCTC'S IMPROVEMENTS that is not in conformity with this Agreement or encroaches upon or substantially impairs DISTRICT EASEMENTS or LINE B or DISTRICT'S ability to maintain and operate its EASEMENTS or LINE B and give RCTC thirty (30) days from and after such notice to correct any such nonconforming use or condition. 4. Assume no responsibility, obligation, or liability whatsoever, for (i) RCTC'S design, construction, operation or maintenance of the March Field Station, IMPROVEMENTS, (ii) RCTC'S use of DISTRICT EASEMENTS as specified herein, or (iii) any damage to IMPROVEMENTS resulting from DISTRICT'S customary operation and maintenance activities performed within DISTRICT EASEMENTS, including surface damage resulting from the repair or reconstruction of LINE B in Easement D. 5. Indemnify and hold harmless RCTC, its officers, employees, agents and representatives from any liability, claim, cost, damage, injury or cause of action whatsoever, based or asserted upon any negligent act or omission or willful misconduct of DISTRICT, appointed or elected officials, Board of Supervisors, its officers, agents, representatives and employees, arising out of or in any way relating to or in any way connected with DISTRICT'S use, maintenance or operation of LINE B or access within DISTRICT EASEMENTS or DISTRICT'S obligations under this Agreement, including but not limited to property damage, bodily injury or death or any other element of damage of any kind or nature whatsoever. DISTRICT shall defend, at its sole expense, all costs and fees including, but not limited to attorney fees, cost of investigation, defense and settlements or awards, RCTC, its officers, agents, representatives and employees in any claim or action based upon such alleged negligent acts or omissions or willful misconduct. With respect to any action or claim subject to indemnification herein by DISTRICT, DISTRICT shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of RCTC; provided, however, that any such 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 154240 adjustment, settlement or compromise in no manner whatsoever limits or circumscribes DISTRICT'S indemnification to ROTC as set forth herein. DISTRICT'S obligation hereunder shall be satisfied when DISTRICT has provided to RCTC the appropriate form of dismissal relieving RCTC from any liability for the action or claim involved. 6. Promptly repair damages to DISTRICT EASEMENTS or LINE B. In the event of repair or reconstruction of DISTRICT'S LINE B in Easement "D", DISTRICT'S repair of the surface area shall be limited to reestablishing the lines and current grades of the surface as shown on DISTRICT Drawing No. 4-821. 7. Utilize access on Easement "D" solely for the operation and maintenance of LINE B within Easement "D". DISTRICT will not utilize Easement "D" to gain access to DISTRICT EASEMENTS located outside Easement "D". DISTRICT EASEMENTS located outside Easement "D" will be accessed by utilizing an Access Easement which includes Access Road 1 ("ACCESS ROAD 1") and the Drive Approach ("DRIVE APPROACH") as described and depicted in Attachments "D" and "E" attached hereto and by this reference incorporated herein. 8. Allow RCTC access to Access Road 4 ("ACCESS ROAD 4") for the construction, operation and maintenance of IMPROVEMENTS. II. ROTC RIGHTS AND RESPONSIBILITIES. RCTC shall: 1. Prior to constructing March Field Station or any other subsequent structures or IMPROVEMENT'S within DISTRICT EASEMENTS, submit PLANS to DISTRICT for review and comment as provided in Section I, paragraph 1. 2. Within (45) days of execution of this Agreement, RCTC shall reimburse DISTRICT for DISTRICT"'S costs associated with the processing and administration of this Agreement in a nominal amount not to exceed five thousand dollars ($5,000). 3. Use or encroach upon DISTRICT EASEMENTS in accordance with RCTC PLANS that will be submitted and commented on by DISTRICT as provided herein. 4 542 l 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I54240 4, Grant an Access Easement to DISTRICT, in an easement deed form acceptable by the parties, for ACCESS ROAD 1 and DRIVE APPROACH for the purpose of accessing DISTRICT EASEMENTS located outside Easement "D". Upon execution of this Agreement, RCTC shall deliver to DISTRICT a duly executed and acknowledged easement deed for DISTRICT'S acceptance and recordation. 5. Construct and maintain DRIVE APPROACH and ACCESS ROAD 1 as depicted in Attachment "D" 6. Pave and maintain ACCESS ROAD 4 from ACCESS ROAD 1 area to the Pedestrian Bridge depicted on Attachment "D". 7. Not construct, operate or maintain IMPROVEMENTS in a manner that would compromise or damage structural integrity of LINE B and DISTRICT EASEMENTS to such an extent that LINE B and DISTRICT EASEMENTS cannot continue to function as a flood control facility as designed. 8. Assume sole responsibility for the design, construction, operation and maintenance of IMPROVEMENTS. 9. Take all reasonable actions to ensure that any of IMPROVEMENTS do not unreasonably interfere with the continuing function, repair, or operation and maintenance of LINE B and DISTRICT EASEMENTS. 10. Not erect, place or maintain, nor permit the erection, placement or maintenance of any building, planter boxes, earth P11 or other structures over or within DISTRICT EASEMENTS except as provided for in this Agreement or PLANS that will be commented on by DISTRICT which shall not be unreasonably withheld. 11. Promptly repair any damage to DISTRICT EASEMENTS and LINE B resulting from RCTC'S failure to properly operate, maintain or repair IMPROVEMENTS. 12. Indemnify and hold harmless DISTRICT, its directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, cost, damage, injury or cause of action whatsoever, based or asserted upon any 5 543 1,54240 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 negligent act or omission or willful misconduct of RCTC, its officers, employees, contractors, agents, invitees or representatives, arising from, related to or in any manner connected with RCTC'S design, construction, use or maintenance of IMPROVEMENTS, RCTC'S responsibilities in connection with IMPROVEMENTS, RCTC'S use of or entry upon DISTRICT EASEMENTS, or RCTC'S rights or obligations under this Agreement, including but not limited to PROPERTY damage, bodily injury, or death or any other element of any kind or nature whatsoever. RCTC shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, DISTRICT, its directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged negligent acts or omissions or willful misconduct. With respect to any action or claim subject to indemnification herein by RCTC, RCTC shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of DISTRICT; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes RCTC'S indemnification to DISTRICT as set forth herein. RCTC'S obligation hereunder shall be satisfied when RCTC has provided to DISTRICT the appropriate form of dismissal relieving DISTRICT from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe RCTC'S obligations to indemnify and hold harmless DISTRICT herein from third party claims, III. MUTUAL RIGHTS AND RESPONSIBILITIES. 1. Liability Insurance. Without limiting or diminishing each party's obligation to indemnify or hold the other harmless as required within this Agreement, DISTRICT and RCTC acknowledge that as public agencies each shall maintain insurance or a program of self insurance that reasonably protects their respective operations. Each party shall maintain and cover the cost of its own programs of insurance or self insurance. 2. Workers Compensation. Without limiting or diminishing each party's _{_ 544 154240 1 obligation to indemnify or hold the other harmless as required within this Agreement, 2 DISTRICT and RCTC acknowledge that as public agencies each maintain its own workers 3 compensation insurance programs and each may be permissively self insured as required and 4 allowed by law. Each party shall carry and cover the cost of its own workers compensation 5 program commensurate with California State law. 6 3. In the event of a dispute or controversy that may arise between the parties, 7 the following will apply: The appointed representative or administrator for each party shall S meet and confer in good faith to attempt to resolve any such disputes and controversies 9 between DISTRICT and RCTC that may arise from i) this Agreement (including any 10 modifications to this Agreement), ii) any document, agreement, or procedure related to or 11 delivered in connection with this Agreement or PROPERTY, or iii) any claims for damages, 12 including injury to persons, property or business interests (torts) that may concern both parties. 13 For purposes of this Agreement, meet and confer in good faith means that each party, or such 14 representatives as each may designate, shall have the mutual obligation personally to meet and 15 confer within ten (10) business days upon request by either party and continue for a reasonable I period of time in order to freely exchange information, opinions, and proposals, and to 17 endeavor to reach agreement on matters within the scope of representation prior to the 18 aggrieved party taking any legal action against the other party. The process should include 19 adequate time for the resolution of impasses where specific procedures for such resolution are 20 contained in local rule, regulation, or ordinance, or when such procedures are utilized by 21 mutual consent. Disputes or controversies that are not resolved informally, DISTRICT and 22 RCTC representatives may, but are not required to attempt to resolve, by mutual agreement of 23 the parties, through alternate forms of dispute resolution, inchuding, but not limited to, non- 24 binding arbitration. Compliance with the procedures above shall not waive any Iegal rights 25 and remedies with respect to such dispute or controversy. 26 IV. GENERAL TERMS AND CONDITIONS. 27 1. Any and all notices sent or required to be sent to the parties of this 28 154240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement will be mailed by first class mail, postage prepaid, to the following addresses: TO DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 Attn: Chief of Operations & Maintenance Division TO RCTC: RIVERSIDE COUNTY TRANSPORTATION COMMISSION 4080 Lemon Street, 3` 1 Floor Riverside, CA 92502-2208 Attn: Executive Director Either party may from time to time, by written notice to the others, designate a different address which shall be substituted for the one above specified, and/or specify additional parties to be notified. 2. None of RCTC'S or DISTRICT'S rights and responsibilities under this Agreement may be transferred or assigned to any person or entity without the other party's prior written consent. 3. Any waiver by DISTRICT or by RCTC of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or RCTC to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or RCTC from enforcement hereof. 4. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 5. Any legal action, in law or in equity, related to the performance or interpretation of this Agreement, or related to the rights provided for in this Agreement, shall be filed only in the Superior Count for the State of California located in Riverside, California, -8- 546 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 154240 and the parties waive all provisions of law providing for a change of venue in such proceedings to any other location. 6. This Agreement and the performance of RCTC'S obligations under it will be. duly authorized, executed, and delivered by RCTC and are, will be, legal, valid, and binding obligations of RCTC. All appropriate actions and consent of any administrative body, government agency, or other party that is required for RCTC to enter into or to perform RCTC'S obligations under this Agreement has already been obtained. 7. This Agreement and the performance of DISTRICT'S obligations under it will be duly authorized, executed, and delivered by DISTRICT and are, will be, legal, valid, and binding obligations of DISTRICT. All appropriate actions and consent of any administrative body, government agency, or other party that is required for DISTRICT to enter into or to perform DISTRICT'S obligations under this Agreement has already been obtained. 8. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only in writing and executed by both parties hereto. 9. This Agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form. 10. The provisions of this Agreement are solely for the benefit of DISTRICT and RCTC, and not for the benefit of any third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement. -9- 547 15424€1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. This Agreement may be executed and delivered in any number of counterparts or copies, hereinafter called "COUNTERPART", by the parties hereto. When each party has signed and delivered at least one COUNTERPART to the other parties hereto, each COUNTERPART shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. 11 // 11 -10- 548 154240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (to be filled in by the Clerk of the Board) RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By: By: WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager -Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors APPROVED AS TO FORM: ATTEST: PAMELA J. WALLS KECIA HARPER-IHEM County Counsel Clerk of the Board By: By: SYNTHIA M, GUNZEL . Deputy Deputy County Counsel (SEAL) Tract 30857-2, Lot No. 4 March Business Center Storm Drains and Detention Basins Project No. (4-0-00530) 07/09/13 Created by RCTC: AMR:blj -li- 549 154240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: ANNE MAYER Executive Director APPROVED AS TO FORM: By: STEVE DEBAUN Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission Tract 30857-2, Lot No. 4 25 March Business Center Storm Drains and Detention Basins Project No. (4-0-00530) 26 07/09/13 27 Created by ROTC: AMR:bIj 28 -12- 550 ATTACHMENT A Lot 4 of Tract Map No. 30857-Unit 2, as shown on by map on file in Book 422, Pages 4 through 11, inclusive of maps of records in the Official Records of Riverside County, California. ;a aucza Nwiamgo: id iiiiiiiiiiiiiiiiiiiiiiiiii: ilk IiiiiiiiiiiiiiiiiiiiE March Business Center Storm Drains and Detention Basins Agreement Tract 30857-2, Lot No. 4 Project No. 4-0-00530 551 ATTACHMENT B r4 ..) o g AY TREPL ULW4.Jt10YSCn]MOFILIRdJ6PrIPOWIRI il/AgOTY %manna LIBMJORPOOMMI Pri01[fOf AYGtMaE°POT: W.IAPM TRACT 30857-2 aG4CA SGNMS.7L+O NRTO.410F tOre R >; aMO I OF MOCK MA OIOT f tfelt=11 T0u'FTMOT Mr)ePOR1l0A5 Or 0.00PC SIRCE7 ft9fowrisA 4SKE ACA ITO. 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'' 11. , �l1II,I 1r 'iL I� ��J� �• SISEd 01 �IIIIIuIkIIkIIIsIiIIIIIIIIIIIiJ Z90-00416Z Ndtl OL 101 dVN Q11� I{11I�1l;Illlil{ll Ir11LiJ[iJilll(� III IiIIIIITI`.l 4�IfrIIIT1f11UJ II 111I11TTTTI1f1IFTII'IIII I I EIIfIrf!! laid 7 S5d 1014. r/,�� ir429,►26,22 I.i//1,//"////„I/ ! or .1. ... 10 14�r 11OC S 0 _ n!!1r//l1X.IIy/li:f�7.3reFu":f'v:�lY�7�417�' .%%I+L47'i .LU_7i. ^ ,.,1d 1030t1w3dln „vex r,..rbro.k.s.r.m•rarmnrDmrxrwo•ooanmr..r.ir*rara,n.ar.rsr JrtlO/1Y�d.. _ '?�/I!!�/.dJ/ + .itl�i�i'I//l/!/I/'/1./I%Ot1%O �,tr•.�r"+� rr_�� IHIN35Y3 SS777Y 01n14113 ,,.,,,,,,,, i � 140-001.46Z NdV 6dVNry 3SA 3H ins 0106 ^a-- • y,........... 1Q3ecumat z3ta / Iran 11:37040 ss3xm 1'01011100Y 31Y0 xrtISCO .p CI 1N� IN H OV_LIV -- _ w��- m Is _� -Faro 11111N90 05 '.3VIISIX3 Mar xNBL nlnd ?1 /2 MO.00V= NO / / / / L•LBZ NdV / OIN3Lla c 7MMO 1NYOSY3 aiK �tg -'4E0-001.-LBZ NdV Z 101 dYN 690-001.46Z NdV dVN ATTACHMENT E Legal Description -- Exhibit A Plat to Legal Description — Exhibit B March Business Center Storm Drains and Detention Basins Agreement Tract 30857-2, Lot No, 4 Project No. 4-0-00530 555 Perris Valley Project 09-0461 December 24, 2012 APN: 297.100-03.6 Sheet 1 of 1 EXHIBIT A LEGAL DESCRIPTION Real property situated in the unincorporated territory of Riverside County, State of California, being that portion of Lot 9, as Showti.on that certain Tract 114ap No. 30857-2, filed on May 21, 2007, in Book 422 of Maps, at Pages 4 through 11, intheOffice ante County Recorder, Riverside County, being more particularly, described as follows; COMMENCING at a gear spike and washer stamped, "KI•IA LS. 8012", in lieu of brass disk in well monument marking thenorthwesterly terminus of a course in the centerline of Meridian Parkway being shown as "North 35°36'32" West, 194,22 feet" on said Tract Map; Thence South 65'07'26" East, 113.6$ feet to a point on the northeasterly 112-foot wide right-of-way line of said Meridian Parkway, said point also being the TRUE POINT OF BEGINNING; Theme Notth.52°17125" East, 455,44 feet to the beginning of a curve to the left, concave westerly, having a raditts:of20.00 feet; Thence along said curve through a central angle .of 90°00'00", an are distance of 31.42 feet; Thence North 37°42'35'1 West; 206.68=feet to a point on the north line of Bald Lot 4; Thence along said north line of said Got 4, North 75°11'48" East, 31.02 feet to a I-1l4- inch iron pipe tagged, "LS. 8012", as shown on said. Tract Map; Thence continuing along said north line of said Lot 4, North 63°25'51" East, 124.98 feet to a I.1/4- inch iron pipe tagged; "LS, 8012", as shown on said Tract Map; Thence leaving said north line, South 45°27'51°- East, 29.91 feet; Thence South 36°3V02" West, 9.93 feet; Thence South 52°17'25" West, 50.29 feet; Thence, at right angles, South 37°42'35" Fast, 109.68 feet; Thence, at right angles, South 52°17'25" West, 503.91 feet to a point on the said northeasterly right-of-way tine of Meridian Parkway; Thence along said right-ciirway fine of Meridian parkway, North 35°36' 10" West, 40.03 feet to the TRUE POINT O>F< BEGINNING. Containing an area 'of 31,277 square feet, or:0.72.: acres, more or less, as shown on the Plat, Exhibit " 8" to Accompany Legal Description, attached and made a part hereof. Bearings used in this description and its accompanying plat are based upon the California Coordinate. System, Zone.6, North American Datum of 1983, epoch 2007.00. Distances are in grid. Multiply distances by 1.0000648 to obtain ground distances. - - - Prepared by: Michael A. Cusick PLS No. 7885 limrojectstSCR0904611SurveyIBoundarylt,egat Description cgs t2d • • , 24-1:74:4-12 556 LOT 3, BLOCK 11 MAP OF THE ALESSANDRO 'TRACI 048 6/ 13) S45'27'517: - 2.9.91' --�� r � Gf f �c��:09, '1�l 0 r CQ L. R � \ L,aT 3 �O. TRACT 308 7-2 . / (M(3 422./4w_' 1) , i ,1 ry CO. 0 / RC1 4,1 •V '.' b.26.1 / APN 297•-100 0 38 4) (Y f 407- 4, TRACT 30857-2 � / (MB 422/4--11) �,' �" S. 8012" ORB 422/d -11 (IYE. ) •, nor L'?„f R„ 150 - 3(j'73 y / `r 0 it( N:`5�36' 10 "W rU I2 �� C �9JY, q.S 4 , `°`� . �a6 �1 !u�i �;ry AIJPA 9.po' WIDE / / NJ5'36'ID"�' 194.14' `- 11 r Rao. 0135.36'32"W 194.222 MCRIDIAN PARKWAY (1 12.00' WIDE) i i UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY -STATE OF CALIFORNIA. [SALT WI 422/4 W f 1) RAIL, 5U \btiPA 9.00' wibE LANUSCrPE AAio mAINTENANeE tSmT (m8 422/4 11 % vi y f END, NAIL &TAG L.S.8012SET / V IN TOP OF CURB, ACCEPTED `t , r AS THE PROLONGATION OF L Th-.1900. 00' 11� u2'04 '48" M a 02'04 '43 ) L 58, 98' (1 =.08. 93 `j SgC. 15, ]:35„ R. 41Y.. 5.8.8.84M. • E. 100-Tr. wt0f: RC c, R/Af EASEMENT 0993-- , 15807 PCI.. 14 j -•f s -- t RUC �� NCD DRAINAGE & ACCESS r s 3 3'02' 93'.iS ESMT (00C. ,�20' 1- 0389220) - t_.._ . ....... _ _ �. S52' 17'25 " ,1 r S37'42'35 f. 1 09`68' N37'42 35 "/1 205. FE3 90 00'00" ,'. =31. 42' N 1O\ LN(1)N 1,11� /�/ !-EPPId x_ ) SUNECT PARCq LINp STREET RIGHT OF WAY OR PROPERTY LINE ---- RCTC RIGHT OP WAY LINE F.71 PARCEL AREA = 31,277 SQ.FT; ( ] RECORD DATA P.O.C. POINT OF COMMENCEMENT T,P,O.B, TRUE POINT OF BEGINNING Erl A FND, GEAR SPIKE & WASHER �`��/ S Li�I~'U 0� BLS d� W C �,°MONUMENT (Mg 422 I00' 0 50' 1.00' 200' EXHIBIT B FI VIYI~ift8 84 'PLAT. TO ACCOMPANY LEGAL DESCRIPTION N IN I Its, INC. :RCFC AND M.IPA ACCESS EASEMENT OVER 1.07$::�fd Caunfy.Road - _ E3elr�anf QA 94002 STATION ACCESS ROAD 1 Dole: 1uz4ilx Scale: 1'.i00' MC Sheol NO,: 1 Of 1 Rev: � 557 AGENDA ITEM 8P RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Request to Declare Real Property as Surplus BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Declare as surplus the real property in the areas of the 60/91/215 interchange, State Route 74, and former alignment of the Mid County Parkway (MCP) near Cajalco Road, included in this agenda item and attached maps; 2) Authorize the Executive Director to notify public agencies, and contiguous land owners for two of the properties on SR-74, pursuant to Government Code 54220 et.seq, the properties are available; and 3) If no response is received, authorize the Executive Director to offer the surplus properties for sale to the public. BACKGROUND INFORMATION: Staff completed a review of the Commission's real property inventory and determined it would be in the Commission's best interest to declare several parcels as surplus and offer them for sale. The parcels proposed to be declared as excess are land parcels acquired to facilitate the construction of the 60/91/215 interchange, SR-74, and the former alignment of the Mid County Parkway (MCP) near Cajalco Road, and are no longer necessary for current or future project purposes. The following table summarizes the properties proposed to be declared excess. Site # of Parcels Acreage Location 60/91/215 19 40.87 City of Riverside SR-74 16 16.87 Unincorporated Area of Riverside County Former MCP near Cajalco Road 3 29.63 Unincorporated Area of Riverside County Total 38 87.37 Agenda Item 8P 558 Process After being declared excess, staff will follow the Commission's right of way policies and procedures, state laws, and any applicable funding requirements to dispose of the property. Staff will prioritize the order of sale based on market conditions. Pursuant to the Government Code 54220, et.seq., letters will be prepared notifying the appropriate public agencies of the Commission's decision to declare the property surplus. If interested, the public agency(s) shall notify the Commission in writing of its intent to purchase or lease the land within 60 days after receipt of the Commission's notification of intent to sell the land. If no public agency expresses interest in the parcel, the parcels will then be offered for sale to the public. An appraisal will be completed in order to determine the current fair market value of the surplus property. The surplus property will be advertised for sale, utilizing the Commission's website, newspapers, and online publications as well as signage on the property. An Invitation for Bids, will be added to "Available Property" on the Commission's website and a defined submittal date will be provided. Staff will review the offers received based on the following criteria: 1) Price; and 2) Terms and conditions of sale All applicants will be required to complete the Commission's Conflict of Interest form. Staff will return to the Commission for approval before entering into a purchase and sale agreement for any of the properties. Properties The parcels remaining from the 60/91/215 interchange project are very large developable parcels and have generated much interest from the community in general. A portion of the 33-acre site will be held for a future connector from eastbound SR-91 to westbound SR-60. Regarding the remnant parcels from the SR-74 project, Commission staff is working with the county of Riverside and Caltrans to dedicate and/or relinquish public street areas, which is part of the project close-out process. For this reason, these properties will not be immediately offered for sale, but will be in the near future when these areas are finalized. For the parcels near Cajalco Road and Gustin Road, these parcels were acquired prior to adopting a preferred alignment for the MCP project and all of the alternatives were initially Agenda Item 8P 559 along Cajalco Road. As this property had imminent development, it was considered a protection parcel and acquired as such. It is located in the alignment that has since been deleted for this project, and thus no longer needed. Two SR-74 excess land parcels, APN(s): 345-060-040 and 342-140-019, have an area less than 5,000 square feet and are considered to be exempt surplus land pursuant to Government Code 54220, et.seq. The contiguous land owner will be notified of the sale first to determine if he/she would like to purchase the property. If not, they are no longer considered exempt surplus land and will follow the above process if the property is a minimum buildable lot size that can be independently developed. Staff requests that the Commission declare these parcels as surplus property and authorize the Executive Director to offer the surplus property for sale. The proceeds from the sales of these properties have not been included in the FY 2013/14 budget. 60/91/215 Interchange Properties APN Ownership Yp Type Vacant/ Improved p Zoning Acres 206-151-029 Fee Vacant Residential 0.72 206-151-036 Fee Vacant Residential 4.37 209-020-022 Fee Vacant Residential 0.01 209-020-047 Fee Vacant Residential 2.13 209-020-048 Fee Vacant Residential 10.84 209-060-022 Fee Vacant Residential 3.07 209-060-026 Fee Vacant Residential 10.04 209-070-014 Fee Vacant Residential 1.89 206-132-036 Fee Vacant Commercial 1.50 206-132-037 Fee Vacant Commercial 1.16 210-180-011 Fee Vacant Business 0.28 210-180-034 Fee Vacant Business 0.55 210-180-037 Fee Vacant Business 0.01 210-180-039 Fee Vacant Business 0.23 210-180-042 Fee Vacant Business 0.68 210-180-043 Fee Vacant Business 1.93 210-180-044 Fee Vacant Business 0.09 210-180-045 Fee Vacant Business 1.00 210-190-001 Fee Vacant Business 0.37 SR-74 Route Properties APN Ownership Yp Type Vacant/ Improved p Zoning Acres 345-150-005 Fee Vacant Rural Residential 0.33 345-150-029 Fee Vacant Rural Residential 1.14 345-060-040 Fee Vacant Rural Residential 0.02 345-070-012 Fee Vacant Rural Residential 0.40 Agenda Item 8P 560 APIV Ownership Type Vacant/ Improved Zoning Acres 342-210-016 Fee Vacant Rural Residential 4.07 342-210-017 Fee Vacant Rural Residential 3.32 342-210-028 Fee Vacant Manufacturing- Service Commercial 3.46 345-080-073 Fee Vacant Rural Residential 1.57 345-080-074 Fee Vacant Rural Residential 0.24 342-130-016 Fee Vacant Rural Residential 0.15 342-200-072 Fee Vacant Rural Residential 0.19 342-140-019 Fee Vacant Manufacturing - Service Commercial 0.10 342-150-028 Fee Vacant Rural Residential 0.97 342-064-032 Fee Vacant Rural Residential 0.34 342-052-018 Fee Vacant Rural Residential 0.28 342-052-019 Fee Vacant Rural Residential 0.29 Cajalco Road Properties APN Ownership Yp Type Vacant/ Improved p Zoning Acres 285-210-018 Fee Vacant Rural Residential 9.87 285-210-019 Fee Vacant Rural Residential 9.88 285-210-023 Fee Vacant Rural Residential 9.88 Financial Information In Fiscal Year Budget: No Year: FY 2014/15+ Amount: Undetermined Source of Funds: Property sale proceeds Budget Adjustment: No N/A GL/Project Accounting No.: 222 31 42003 273 73 42003 Fiscal Procedures Approved: "---b-i-,-,f+0J Date: 08/20/2013 Attachment: Maps Depicting the Real Property to be Declared as Surplus Agenda Item 8P 561 Riverside County Transportation Commission RCTC POTENTIAL EXCESS PROPERTY August 14, 2013 Prepared By: Epic Land Solutions, Inc. FOR INTERNAL RCTC USE ONLY 1 Epic Land Solutions, r 562 Riverside County Transportation Commission 60/91/215 Interchange (NW Quadrant -Ferguson) 209-020-047 209-020-622 . CapyrFVCD11.Eagl¢.Cacay Auoraha.. TeleW.bs. D 10.21 Nap Pmdans i Property Description: The parcels are located in the City of Riverside, north of the 60 freeway. The site is comprised of eight APNs. Portions of two were sold to Caltrans for freeway expansion. APN OWNERSHIP VACANT/ TYPE IMPROVED Ilk ACRES 206-151-029 206-151-036 209-020-022 209-020-047 209-020-048 209-060-022 209-060-026 209-070-014 Fee Fee Fee Fee Fee Fee Fee Fee Vacant Residential 0.72 Vacant Residential 4.37 Vacant Residential 0.01 Vacant Residential 2.13 Vacant Residential 10.84 Vacant Residential 3.07 Vacant Residential 10.04 Vacant Residential 1.89 TOTAL 33.07 2 Epic Land Solutions, if 563 Riverside County Transportation Commission 60/91/215 Interchange (NW Quadrant -Oda) Miff, aC 011.Ea012.CadrgA7araha..1;212.0.12s.G10a1Uappmd0x 4,1 k Property Description: The parcels are located in the City of Riverside, west of the 215 freeway. The site is composed of two APNs acquired for freeway expansion, portions of which were subsequently sold to Caltrans. APN OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED 206-132-036 Fee Vacant Commercial 1.50 206-132-037 Fee Vacant Commercial 1.16 TOTAL 2.66 • 3 Epic Land Solutions, if . 564 Riverside County Transportation Commission 60/91/215 Interchange (SE Quadrant -Spruce) Property Description: The parcels are located in the City of Riverside, east of the 215 freeway. The parcels are bound on the north by Spruce Street, on the west by East La Cadena Drive and on the east by BNSF RR R/W. OWNERSHIP VACANT/ ZONING TYPE IMPROVED 210-180-011 210-180-034 210-180-037 210-180-039 210-180-042 210-180-043 210-180-044 210-180-045 210-190-001 Ca 4 Fee Fee Fee Fee Fee Fee Fee Fee Fee Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Business Business Business Business Business Business Business Business Business 0.28 0.55 0.01 0.23 0.68 1.93 0.09 1.00 0.37 TOTAL 5.14 Epic Land Solutions, r 565 Riverside County Transportation Commission Route 74 (At Festus Circle) Property Description: The parcels are located in an unincorporated area of Riverside County, both north and south of Highway 74 at Festus Circle. APN OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED 345-150-005 345-150-029 Fee Vacant Rural Residential 0.33 Fee Vacant Rural Residential 1.14 TOTAL 1.47 5 Epic Land Solutions, 566 Riverside County Transportation Commission Route 74 (Near Spring Street) Property Description: The parcels are located in an unincorporated area of Riverside County, north of Highway 74 near Spring Street. APN 345-060-040 345-070-012 OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED Fee Vacant Rural Residential 0.02 Fee Vacant Rural Residential 0.40 TOTAL 0.42 Epic Land Solutions, 567 Riverside County Transportation Commission Route 74 (Near Mapes Road) 342-210-016 342-210.017 r> t•71 345.080-073 Co p,• ys. C6)12. 16k,m.Jl Curay pralsv. Tck"itr. 6131.21 Gap.pi.x: 342-210-028 :4i4' . ,� •. -.y '. 1r ., -,• • N ,.'•� • i i4 • Iri k t Property Description: The parcels are located in an unincorporated area of Riverside County, south of Highway 74 near Mapes Road. OWNERSHIP VACANT/ Um"ZONING TYPE IMPROVED AL_ ACRES 342-210-016 Fee Vacant Rural Residential 4.07 342-210-017 Fee Vacant Rural Residential 3.32 342-210-028 Fee Vacant Manufacturing- 3.46 Service Commercial 345-080-073 Fee Vacant Rural Residential 1.57 345-080-074 Fee Vacant Rural Residential 0.24 TOTAL 12.66 7 Epic Land Solutions, 568 Riverside County Transportation Commission Route 74 (Near Betty Road) Property Description: The parcels are located in an unincorporated area of Riverside County, both north and south of Highway 74 near Betty Road. OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED i mANi 342-130-016 Fee Vacant Rural Residential 0.15 342-200-072 Fee Vacant Rural Residential 0.19 cra TOTAL 0.34 8 Epic Land Solutions, 569 Riverside County Transportation Commission Route 74 (At Mountain Avenue) Property Description: The parcels are located in an unincorporated area of Riverside County, both north and south of Highway 74 at Mountain Avenue. APN OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED 342-140-019 342-150-028 Fee Vacant Manufacturing - Service Commercial 0.10 Fee Vacant Rural Residential 0.97 TOTAL 1.07 9 Epic Land Solutions, 570 Riverside County Transportation Commission Route 74 (Near Edward Street) Property Description: The parcels are located in an unincorporated area of Riverside County, south of Highway 74 near Edward Street. APN OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED 342-064-032 342-052-018 342-052-019 Fee Fee Fee Vacant Rural Residential 0.34 Vacant Rural Residential 0.28 Vacant Rural Residential 0.29 TOTAL 0.91 10 Epic Land Solutions, 571 Riverside County Transportation Commission Cajalco Road (At Gustin Road) Property Description: The three parcels are located in an unincorporated area of Riverside County, south of Cajalco Road and east of Gustin Road. APN OWNERSHIP VACANT/ ZONING ACRES TYPE IMPROVED 285-210-018 285-210-019 285-210-023 Fee Fee Fee Vacant Rural Residential 9.87 Vacant Rural Residential 9.88 Vacant Rural Residential 9.88 TOTAL 29.63 11 Epic Land Solutions, 572 AGENDA ITEM 8Q RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Lisa DaSilva, Toll Project Manager Michael Blomquist, Toll Program Director THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Interstate 15 Corridor Improvement Project Engineering Agreement with HDR, Inc. WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 08-31-059-03, Amendment No. 3 to Agreement No. 08-31-059-00, with HDR, Inc. (HDR) for environmental and preliminary engineering services consistent with the Interstate 15 Corridor Improvement Project (1-15 CIP) scope; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: In 2002, Riverside County voters approved a 30-year extension of Measure A through 2039 including improvements to the 1-15 corridor. Specifically, the project commitment contained in the 2009 Measure A extension is to add a lane in each direction on 1-15 from SR-60 to the San Diego County line. In the spring of 2006, the Commission assessed the feasibility of tolling four freeway corridors in Riverside County and concluded that portions of the SR-91 and 1-15 corridors were generally feasible from a financial, traffic operation, and engineering standpoint. Throughout 2006 additional engineering, project scoping, and traffic and revenue study work was performed. An ambitious 1-15 project scope consistent with the significant traffic needs of the corridor was created that included two tolled express lanes and a general purpose lane in each direction from the San Bernardino County line to SR-74 and a carpool lane in each direction from SR-74 to 1-15/1-215 for a total project length of approximately 44 miles. Agenda Item 8Q 573 This scope of work was proposed to both meet the Measure A commitment to voters as well as to use tolling as a way to build more improvements and provide more congestion relief than would have otherwise been possible using Measure A funds and other more traditional state and federal freeway funding sources. In early 2008, the Commission advanced the project to the next project development step of preliminary engineering and environmental studies and named the project the I-15 CIP. The Commission authorized Agreement No. 08-31-059-00 with HDR to perform environmental and preliminary engineering services for the 1-15 CIP for $34,670,067 plus a contingency amount of $4,111,092, for a total amount not to exceed $38,781,159. At the January 2010 annual workshop, the Commission adopted a reprioritization strategy of the 10-Year Western Riverside County Delivery Plan projects. Projects in the 1-215 and SR-91 corridors, among others, were categorized as the highest priority, and staff was directed to continue to develop these projects using Measure A and other funding sources. The 1-15 CIP was not placed in the highest priority category, making less Measure A dollars available for the 1-15 corridor in the first 10 years of the renewed measure and beyond. However, the Commission adopted the recommendations to re-evaluate the project work scope and financial plan and to have staff return with an 1-15 update and recommendation to move the project forward. Staff worked with advisors and the 1-15 CIP Ad Hoc Committee and returned to the January 2013 annual workshop with project scope recommendations. Three project scope alternatives that varied in number of lanes, type of lanes (e.g. carpool, general purpose, tolled express), construction completion dates, location within the 1-15 corridor (SR-60 to 1-215), and other factors were presented. Staff and the 1-15 CIP Ad Hoc Committee identified the Tolled Express Lanes by 2020 alternative as the alternative that would meet the most needs while maintaining financial constraints. This alternative includes two tolled express lanes in each direction from SR-60 to Cajalco Road in the city of Corona. The alternative is estimated to cost $415 million (2011 dollars) for development and construction. The Commission approved the Tolled Express Lanes by 2020 project scope recommendation and authorized staff to negotiate an amendment to the HDR agreement for environmental and preliminary engineering services consistent with the revised project scope and bring the amendment back to the Commission for future consideration. DISCUSSION: After the January 2013 annual workshop, HDR developed a revised scope, cost and schedule of services corresponding with the revised project scope approved by the Commission. Staff reviewed the scope of work, cost proposal, and delivery schedule and has completed negotiations with HDR. The scope, cost, and schedule of services documents are attached. The Agenda Item 8Q 574 total cost of the Amendment No. 3 is $10,158,566; however, there is an unexpended contract balance of $8,872,418 that will be reallocated for the revised scope of services. This results in a need to increase the contract by $1,286,148. Amendment No. 3 revises HDR's scope of services, consistent with the revised project scope, extends the agreement date to June 2016, and authorizes an additional agreement amount of $1,286,148 through use of contingency, resulting in a total not to exceed amount of $37,519,000. The Commission previously authorized a total amount of $38,781,159, including contingency; therefore, no additional agreement authorization is needed nor being sought. The remaining contingency after this amendment is $1,262,159. Total Commission Authorized Amount* Commission Authorized Contingency HDR Agreement Comments Original Agreement $38,781,159 $4,111,092 $34,670,067 Amendments 1 ($1,562,785) $36,232,852 Release of contingency 2 $36,232,852 Term extension 3 ($1,286,148) $37,519,000 Release of contingency *Includes contingency amount of $4,111,092. RECOMMENDATIONS: Staff recommends the approval of Agreement No. 08-31-059-03, Amendment No. 3 to Agreement No. 08-31-059-00 with HDR for environmental and preliminary engineering services based on the attached project scope, cost, and schedule for the revised 1-15 CIP. The total authorized contract amount of $38,781,159 remains unchanged. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15+ Amount: $5,000,000 $5,158,566 Source of Funds: Measure A, commercial paper Budget Adjustment: No N/A GL/Project Accounting No.: 003027 81101 00011 0000 262 3181101 Fiscal Procedures Approved: "--X-g-i-,-d-,-0,34 Date: 08/15/2013 Attachment: Agreement No. 08-31-059-03 — Posted on Commission Website Agenda Item 8Q 575 Agreement No. 08-31-059-03 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR DEVELOPMENT OF PROJECT REPORT AND ENVIRONMENT DOCUMENT FOR THE INTERSTATE 15 CORRIDOR IMPROVEMENT PROJECT 1 PARTIES AND DATE This Amendment No. 3 to the Agreement for the Development of a Project Report and Environmental Document for the Interstate 15 Corridor Improvement Project is made and entered into as of this day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and HDR ENGINEERING, INC. ("Consultant"), a Nebraska corporation. 2. RECITALS 2.1 The Commission and the Consultant entered into an agreement, dated April 23, 2008, (the "Master Agreement") for the purpose of providing preliminary engineering and environmental services for the Interstate 15 Corridor Improvement Project from the San Bernardino County line to Interstate 215 ("Original 1-15 CIP"), for a maximum not to exceed ("NTE") amount of Thirty -Four Million Six Hundred Seventy Thousand Sixty -Seven Dollars ($34,670,067). 2.2 The Commission Board of Directors ("Commission Board") approval of the relevant agenda item also included approval of a contract contingency amount of Four Million One Hundred Eleven Thousand Ninety -Two Dollars ($4,111,092) to address additional, unanticipated scope and/or costs. 2.3 The Commission and the Consultant entered into an Amendment No. 1 to the Master Agreement, dated as of July 11, 2012, to amend the Scope of Services and to provide additional funding for a NTE amount of One Million Five Hundred Sixty -Two Thousand Seven Hundred Eight -Five Dollars ($1,562,785). The NTE value of the Master Agreement, as amended by Amendment No. 1, is Thirty -Six Million Two Hundred Thirty - Two Thousand Eight Hundred Fifty -Two Dollars ($36,232,852). 2.4 The Original 1-15 CIP covered approximately 44 miles and included the addition of 1 HOV lane in each direction, from the Interstate 15/Interstate 215 Junction to the Interstate 15/State Route 74 Junction, and the addition of 2 express lanes and 1 general purpose lane, in each direction, from the 1 17336.02101\7903113.10 Interstate 15/State Route 74 Junction to the Interstate 15/State Route 60 Junction. 2.5 In January 2013, the Commission modified the Original 1-15 CIP to reduce the scope of the project to 2 express lanes in each direction from Interstate 15 at the Cajalco Interchange to Interstate 15 at the State Route 60 Junction, a distance of about fourteen (14) miles ("Modified 1-15 CIP"). 2.6 The Commission and the Consultant entered into an Amendment No. 2 to the Master Agreement, dated as of July 1, 2013, to extend the term thereof through October 31, 2013. 2.7 The Commission and the Consultant now desire to amend the Master Agreement in order to include Services, as that term is defined in the Master Agreement, required for the Modified 1-15 CIP, and to formalize, through the Commission's standard amendment process, and consolidate previously entered into binding letter agreements that amend certain terms of the Master Agreement to provide, among other things, for incremental traffic simulation services and adjustment of overhead rates. Sufficient funds remain under the Master Agreement, as amended, and within contingency previously allocated by the Board, to fund the Services set forth hereunder. As further described herein, this Amendment reallocates funding allocated under the Master Agreement, as previously amended, to address changes in the Services required for the Modified 1-15 CIP. 2.8 The parties recognize that following execution of this Amendment No. 3, One Million, Two Hundred Sixty -Two Thousand, One Hundred Fifty -Nine Dollars ($1,262,159) of Board approved contingency funds will remain available for allocation to the Master Agreement, by the Executive Director, through additional formal written amendment thereto. 3. TERMS 3.1 A total of Eight Million, Eight Hundred Seventy Two Thousand, Four Hundred Eighteen Dollars ($8,872,418) of funding allocated under the Master Agreement, as amended by Amendment No. 1, remains unspent and shall be reallocated to the Services set forth under this Amendment No. 3, as further described herein. 3.2 An additional One Million, Two Hundred Eighty Six Thousand, One Hundred and Forty -Eight Dollars ($1,286,148) of remaining Board authorized contingency funds shall be allocated for the Services under this Amendment No. 3. 2 17336.02101\7903113.10 3.3 The Services, as that term is defined in the Master Agreement, shall be amended to include the professional preliminary engineering and environmental services required for the preparation of a Project Report, Environmental Document and Geometrical Approval Drawings for the Modified 1-15 CIP as further set forth in Exhibit "A" attached to this Amendment No. 3 and incorporated herein by reference. The Scope of Services included under this Amendment No. 3 replaces and supersedes the Scope of Services attached to the Master Agreement, as amended by Amendment No. 1. 3.4 The Services set forth in the attached Exhibit "A" shall be performed expeditiously within the term of the Master Agreement, as hereby amended, and in accordance with the schedule set forth in Exhibit "B" attached to this Amendment No. 3 and incorporated herein by reference. 3.5 The maximum compensation for the Services as set forth in the attached Exhibit "A" shall not exceed Ten Million, Sixty Five Thousand, One Hundred and Fourteen Dollars ($10,065,114), as further set forth in Exhibit "C" attached to this Amendment No. 3 and incorporated herein by reference. Other than as set forth in Section 3.2 above, the foregoing sum shall be paid with funds reallocated from the Master Agreement, as previously amended, to this Amendment No. 3. 3.6 Effective as of the date of each letter agreement attached behind the following referenced exhibits, the Services shall be further amended to include the addition of work related to traffic modeling and traffic counts as set forth in Exhibit "2A" and Exhibit "2C" attached to this Amendment No. 3 and incorporated herein by reference. The maximum compensation for the Services set forth in the attached Exhibits "2A" and "2C" shall not exceed the combined total cost of Ninety Three Thousand, Four Hundred and Fifty Two Dollars ($93,452), as further set forth therein. The foregoing sum shall be paid with funds reallocated from the Master Agreement, as previously amended, to this Amendment No. 3. 3.7 The Services provided under this Amendment No. 3 shall be performed at the rates set forth in the Master Agreement, as hereby amended. 3.8 Effective as of the date of each letter agreement attached behind the following referenced exhibits, Consultant's and/or Consultant's authorized subconsultant's overhead billing rates shall be amended to provide for billing at the audited FAR overhead rates, as set forth in Exhibit "26" and Exhibit "2C" attached to this Amendment No. 3 and incorporated herein by reference. 3 17336.02101\7903113.10 3.9 The maximum not to exceed value of the Master Agreement, as previously amended and as amended by this Amendment No. 3, is Thirty -Seven Million, Five Hundred and Nineteen Thousand Dollars ($37,519,000). 3.10 The term of the Master Agreement shall be extended for an additional thirty-two (32) months ending June 30, 2016, unless earlier terminated as provided in the Master Agreement. 3.11 The Recitals set forth above are true and correct and are incorporated by reference as though fully set forth herein. 3.12 Except as amended herein, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 4 17336.02101\7903113.10 SIGNATURE PAGE TO AGREEMENT NO. 08-31-059-03 IN WITNESS WHEREOF, the parties hereto have executed the Amendment No. 3 to the Master Agreement on the date first written above. RIVERSIDE COUNTY HDR ENGINEERING, INC., TRANSPORTATION COMMISSION a Nebraska corporation By: By: Karen S. Spiegel, Chair Signature Name Title APPROVED AS TO FORM: ATTEST: By: By: Best Best & Krieger LLP General Counsel Its: Secretary 5 17336.02101\7903113.10 EXHIBIT "A" SCOPE OF SERVICES [Attached behind this page] Oh\ 41.11(1\ Exhibit "A" 17336.02101\7903113.10 May 13, 2013 1-15 RIGHT SIZED CORRIDOR IMPROVEMENT PROJECT SCOPE OF WORK TASKS Background This document describes the revised scope of work of the preliminary engineering and environmental services for the development of a Project Report (PR) and Environmental Document (ED) for the Right Sized Interstate 15 (1-15) Corridor Improvement Project. The original 1-15 Corridor Improvement Project was approximately 43.5 miles in length and extended from the Riverside/San Bernardino County Line (PM 52.28) to just north of the 1-15/1- 215 (south junction PM 8,75). These proposed improvements were consistent with the RCTC 2009 Measure A 10-year Delivery Plan. This project was proposed to be funded with local funds including but not limited to Measure A (sales tax) and Transportation Uniform Mitigation Fee (TUMF) funds. The project was categorized per the Project Development Procedures Manual (PDPM) as Category 4A because it increases capacity. The original proposed alternatives consisted of a No Build Alternative and two primary Build Alternatives north of SR-74: * Build Alternative 1 consisted of one mixed -flow (MF) lane and one HOV lane in each direction along the corridor with auxiliary lanes as needed. • Build Alternative 2 consisted of one MF lane and two tolled express lanes (TEL) in each direction along the corridor with auxiliary lanes as needed. in addition to the build alternatives above 1-15 C1P proposed one carpool lane in each direction from SR-74 to 1-15/1-215 Interchange (south junction). These improvements combined to cover the original 43.5 mile corridor and were slated to be phased to facilitate construction ending with the ultimate improvements to the 1-15 corridor by 2039. Additionally, each build alternative included additional project components such as retaining walls; sound walls; storm water runoff treatment devices; and bridge widenings, replacements, and reconstructions to accommodate the new MF/auxiliary lanes and HOV or tolled express lanes. Permanent right-of-way acquisitions were needed to accommodate the improvements, and temporary construction easements were required to stage necessary construction equipment, build components of the Facility, and/or access some areas on the corridor. Based on what was learned from the State Route 91 (SR-91) Feasibility Study updates, it was clear that the amount of the Measure A funding required was the key criterion for determining project feasibility for 1-15 CIP. With that in mind, the 1-15 C1P Feasibility Study was initiated in RCTC: I-15 Corridor Improvement Project Page 1 of 50 Scope of Work 2010 to identify the maximum "Initial Project" that could be financed with a reasonable amount of Measure A funds. The following four study areas were evaluated during the 1-15 CIP Feasibility Study to deliver a portion of the original improvements with an opening year of 2020: • Study Area A — Add toll express lanes in the median from Cajalco Road through the I-15/SR-91 interchange to Hidden Valley Parkway. • Study Area B — Add toll express lanes in the median from Cajalco Road to SR-60. • Study Area C — Add toll express lanes in the median from Indian Truck Trail Road to Hidden Valley Parkway. • Study Area D — Add toll express lanes in the median from Indian Truck Trail Road to S R-60. For each of these four TEL study areas above there were three possible scenarios evaluated for MF lane additions: 1) Add MF lanes to open in 2020. 2) Add MF lanes to open five years later. 3) Add MF lanes to open ten years later. Note that none of the projects extended south beyond Indian Truck Trail Road. Similar reduced project limits were recommended in the Value Analysis Study conducted in September 2009. The Feasibility Study was the process used to define a more logical southerly limit of the express lanes based on forecasted future traffic volumes, level of service, and associated potential revenue for the define study areas when compared to other study areas and scenarios. The north limit remained at SR-60 in the Value Analysis Study which was consistent with what was defined by HDR in the original preliminary engineering. This north terminus was selected for logical termini and independent utility in an effort to defuse traffic prior to the County Line with the connectivity to SR-60. Based on the recommendations of the Value Analysis Study and the subsequent 1-15 CIP Feasibility Study, the project was reduced to a Right Sized Project (Study Area B - Cajalco Road to SR-60). Study Area B, the 1-15 Right Sized Project, proposes capacity and operational improvements on 1-15 from Cajalco Road in the City of Corona (in Riverside County), northward to just south of the I-151SR-60 Interchange (Riverside/San Bernardino County Line). The right sized 1-15 Corridor Improvement Project stretches 14.56 miles in length traversing through the Cities of Corona, Norco, Eastvale, Jurupa Valley and portions of unincorporated Riverside County. These improvements will address existing and projected deficiencies in capacity and operations within the project limits. As proposed, the project would construct one to two tolled express lanes in the median on 1-15 from Cajalco Road to SR-60. The toll express lanes serve as high occupancy vehicle (NOV) lanes for HOV 3+ users, and can be used by vehicles not meeting HOV 3+ requirements for a toll. Tolls are expected to be adjusted based on congestion and available excess toll lane capacity. These improvements would enhance regional mobility and RCTC: 1-15 Corridor Improvement Project Page 2 of 50 Scope of Work offer greater user flexibility within the regional transportation system. This new Right Sized 1-15 CIP Project was presented to the RCTC Commission on January 31, 2013 stemming from Feasibility Study findings. The Right Sized Project was approved unanimously by the Commission on January 31st at the annual RCTC Workshop and is depicted in Figure 1. TOLL EXPRESS LANE (TEL) CONSTRUCTION LIMITS ON INTERSTATE 15 1 • Ontario y LEGEND • .a9cess a 'gest. 0 Ie11 K4 OpAaa1 fglPss l00 fepresslane Elf ll Waakur €WitS P aied1 Iolersfaleliby Yeah M]0111ffFPl'daei651iagra ffLnvd palallrl MIT IfPiIWP 140ireolCaanr1011 20101111E1M al NM 2020CfP1 NI (y ILL�iadn[e5i re sf Il mik mFnlnunl `. P. 2.813 Pk 1.3 Eastuale 2nd St. Jurupa Ave. PM i.o1 sepu.cn "�1fAA0}h•uili._.. riry ss.2e :5, E r.0 Canto Galleano Ranch Rd. • Jurupa Valley Limonite Ave. Sixth St. • NOM Hidden Valley Parkway Magnolia Ave. Ontario Ave. Cajalco Rd. Weirick Rd 35 El Cerrito Rd- Brown Canyon Wash 1 Temescal Canyon Rd. I - l Figure 1 — 1-15 CIP "Right Sized" TEL Only Overview Map (Cajalco Road to SR -SO) - April 2013 It is intended that the existing reports from the original project will be revised to define the Right Sized Project and the single TEL build alternative being carried forward. Revisions to existing draft reports will be accomplished to minimize the recreation of documents that have already been initiated under the original project. ROTC: 1-15 Corridor Improvement Project Page 3 of 50 Scope of Work This following portion of this document describes the scope of work and assumptions for the preliminary engineering and environmental services for the development of a Project Report (PR) and Environmental Document (ED) for the Interstate 15 (1-15) Right Sized Corridor Improvement Project (CIP). The median paving project limits extend from just north of Cajalco Road to just south of SR-60(PM 36.80 to 51.36). The project will study one Build Alternative for TEL within the existing facility median. The TEL Build Alternative includes the addition of 1 to 2 TEL's in each direction. All work will be performed using US Customary (English) units of measure. The level of effort is based on (1) preparation of a CEQA Initial Study/Mitigated Negative Declaration (IS/MND) and a NEPA Environmental Assessment/Finding of No Significant Impact (EA/FONSI), (2) a schedule of up to 34 months to complete the project, (3) evaluation of one build alternative and the No Build condition; (4) the project will not be processed pursuant to the National Environmental Policy Act (NEPA)/404 Integration Memorandum of Understanding (MOU) (2006). In the event the project schedule extends beyond the anticipated 34 months, scope and budget may be revised; however, specific details would be determined based on the reason(s)/ cause(s) for the schedule extension. Environmental documentation will be prepared pursuant to the most current laws, regulations, policies, reference materials/guidelines available or known of at the time the work is undertaken. In addition, environmental procedures followed will be pursuant to the most current information available. The following assumptions have been made with regard to the proposed project. Where appropriate, assumptions have been included under the appropriate technical studies. General Assumptions: • Proposed project will pave the 1-15 median from just north of Cajalco Road to just south of the SR-60 joining the SR-91 CIP median improvements on 1-15. • The proposed project will address one TEL build alternative. No other new connectors, ramps or auxiliary lanes are included in this build alternative. • The proposed improvements of 1-15 and SR-91 overlap at the I-15/SR-91 Interchange. To provide consistency, certain tasks have been assigned to SR-91 CIP and are not included as part of this scope. The tasks not included are noted in the applicable sections of this scope of work. • The NEPA document will be an EA/FONSI and the California Environmental Quality Act (CEQA) document will be an IS/MND. • Caltrans will be the lead agency for NEPA and CEQA. RCTC will be a NEPA participating agency and a CEQA responsible agency. • It is assumed that Caltrans District 8 is the reviewing and final approval agency and that the Federal Highway Administration (FHWA) will NOT be involved in the review or approval of any of the environmental documentation, with the exception of air quality conformity. • NEPA/404 integration process will not be required. Technical Assumptions: • Focused protocol surveys for any species are not included in this scope and cost, other than those specified under the Natural Environment Study (NES) scope. If the need for focused surveys is identified during the biological field reconnaissance, then this will be RCTC: 1-15 Corridor Improvement Project Page 4 of 50 Scope of Work communicated to the RCTC and Caltrans and a scope and cost for this work will be provided. • No Section 7 or Section 10 consultation or California Endangered Species Act Section 2081 or 2080.1 consultation will be required, other than the consistency determination and Determination of Biologically Equivalent or Superior Preservation (DBESP) required under the MSHCP. • Permit applications and processing (Section 401 Water Quality Certification, Section 404 permit, and Section 1602 Streambed Alternation Agreement) are not included in this scope of work because permits would be obtained during the final design. Initial coordination efforts with appropriate resource agencies on permits are included as part of this environmental document preparation process. • A Visual Impact Assessment (VIA) for the corridor (Cajalco Road interchange to SR-60) will be prepared per current Caltrans and FHWA guidelines. • The VIA will be a stand-alone document and will be used as a technical study for the project environmental document. • Only one project build alternative for TEL will be evaluated during the assessment. • There will not be a north facing (91 E to 15N or 15S to 91 W) TEL flyover ramp at the 1- 151SR-91 Freeway Interchange. • A master landscape plan is not included in the scope and cost, however, a project landscape palette will be provided along with general rules for planting placement. A California Registered Landscape Architect (RLA) will review and approve the VIA, per FHWA guidelines. • We will coordinate with adjacent projects: SR-91 DP, CETAP West, SANBAG for continuation of improvements on 1-15 in San Bernardino County and miscellaneous interchange projects (Cajalco Rd IC [replacement] 1 Schleisman Rd IC [future] 1 Limonite Ave IC [replacement]) along 1-15. PB will be responsible to develop the master layout of the ultimate facility for the SR-91/1-15 Interchange Area, including the proposed Corridor A. Only those tasks specifically identified in this scope and cost are assumed to be included. No other effort or tasks are assumed or implied. The California Department of Transportation (Caltrans) Work Breakdown Structure Release 10.2 (WBS) is the basis for the project tasks outlined in this scope of work. 100 PROJECT MANAGEMENT - PA&ED 100.10 Project Management - PA&ED This task includes the management of the PA&ED component, from initiation through completion. The services provided include the initiation, planning, execution, control, and closeout of the PA&ED component. We will provide overall project management, coordination, and supervision of project staff and subconsultants to facilitate the performance of the work in accordance with the scope and requirements of RCTC. In meetings with Caltrans and other local agencies, we would act as agents of RCTC, communicating the needs and intentions of RCTC to the other agencies. This strategy of project management depends on clear and frequent communication with RCTC, which we will accomplish through the following tasks. RCTC: 1-15 Corridor Improvement Project Page 5 of 50 Scope of Work 100.10.05 PA&ED Initiation and Planning The Project Management Plan (PMP) will be updated and a new Public Involvement Plan prepared and maintained under this activity. The specific elements of he PMP are listed below: • Update work plan for the PA&ED component which includes the project scope, cost, and schedule elements. • Update Quality Management Plan for the PA&ED component. • Update Communication Management Plan for the PA&ED component. • Update Risk Management Plan for the PA&ED component. • Update Team Management Plan for the PA&ED component. • Update a Change Control Plan for the PA&ED component. Deliverable: Updated Project Management Plan, Public Involvement Plan 100.10.10 PA&ED Execution and Control We will provide overall project management, coordination, and supervision of our project staff and subconsultants to complete the scope of the work in accordance with the contract and requirements of RCTC. We will assimilate the project goals and perspective of our client into our Management Plan and act on their behalf to attain their goals. In meetings with Ca!trans and other local agencies, we would act as agents of RCTC communicating the needs and intentions of RCTC to the other agencies. We will have clear and frequent communication with RCTC which we will accomplish through face-to-face meetings, telephone consultations, e-mail and written progress reports, The objective is to develop and establish all of the management tools and documents to implement RCTC's goals and the contract scope. This will be implemented through preparation of a Project Management Plan and the following subtasks. 100.10.10.1 Project Scheduling We will prepare a schedule that will be updated on a monthly basis. -- Critical Path Method (CPM). Deliverables: Project Schedules 100.10,10.2 Project Guide/Communications Plan/Risk Management Plan/Project Fact Sheet We will develop updated Project Fact Sheets to define the re-scoped corridor project. Updated Project Charter will document the agreement between RCTC and the team over the key elements of the project and components. This charter will help the project manager guide the project team efficiently and effectively through the project development process. It will include the background, project purpose, project component objectives, project description/scope statement, project/component constraints, assumptions and risks, component deliverables, key team members, deliverable management process and the location map. Updated Public Communications Plan will be revised in close coordination with the RCTC project manager and will serve as a guide for all public outreach RCTC: 1-15 Corridor Improvement Project Page 6 of 50 Scope of Work activities. This plan will also be used to bridge the gap between the technical issues and the public and elected officials to build and maintain consensus among all stakeholders. 1. Update and Identify additional stakeholders, using the existing I- 15 database and the State Route 91 Corridor Improvement Project stakeholder list to start with, and determine any additional stakeholders and focus groups that may be affected by the project. 2. Develop clear and thematic presentations, tailored with specific messages. 3. Collateral materials — prepare brochures, text materials, agendas, boards, and PowerPoint presentations to support public meetings, public hearing, and stakeholder meetings. Also, available in both English and Spanish. Updated Risk management plan will enable the project team to identify, analyze and manage risks as they arise and change through the life of a project. It allows potential obstacles to successful project delivery to be identified and dealt with early, thereby minimizing their impact on project cost, scope, schedule, and quality. Appropriately managing risks will help RCTC meet its project delivery commitments and provide project stakeholders better information on which to make project decisions. The Risk Management Plan will include risk identification, analysis, an appropriate risk response strategy, monitoring, and control. The Risk Management Plan will be initially developed at the beginning of the project. Since risks change and emerge as the project progresses, the Risk Management Plan will be continually managed and re-evaluated throughout the project development process. At a minimum, the plan shall be re -assessed at major project milestones. Updated Project Fact Sheet will contain summary data for stakeholders outside the project team, and will be posted on the project website, It will include the background, project purpose, project description/scope statement, location map, major milestone delivery dates, estimated cost and project contacts. Deliverables: Updated Project Charter, Public Communications Plan, Risk Management Plan, and a Project Fact Sheet. 100.10.10.3 Monthly Progress Reports 1 Invoices We will prepare a Progress Report and Invoice on a monthly basis which will reflect progress through the previous month. The Progress Report will include spreadsheets showing hours expended by roll -up tasks activities undertaken during the previous month. Deliverables: Monthly Progress Reports / Invoices. 100.10.10.4 Monthly PDT Meetings (34) We will hold monthly PDT meetings for the project duration, with an anticipated total of thirty-four (34) meetings. RCTC, Caltrans, and relevant stakeholders (as RCTC: 1-15 Corridor improvement Project Page 7 of 50 Scope of Work determined by RCTC and Caltrans) will be invited. The purpose of the PDT meetings will be to discuss project status, convey information, receive data, discuss issues, coordinate with affected agencies, submit deliverables, receive comments, and discuss tasks to be worked on in the next 30-60 days. 100.10.10.4.1 PDT Agenda and Meeting Minutes We will prepare an agenda for each meeting to be distributed no less than 48 hours before the meeting. We will also prepare meeting minutes that will be sent to RCTC for review and approval no more than five (5) working days after the meeting. The agenda will include the look ahead schedule. Deliverables: PDT meeting agendas and minutes. 100.10.10.5 Monthly "Trend" Meetings (34) Progress meetings will be held with RCTC, monthly, with an anticipated total of thirty-four (34) Trend meetings. The purpose of Trend meetings will be to provide an opportunity to discuss coordination activities with project participants in addition to status of the work and issues to be resolved. We will also refine the agenda for the monthly PDT meetings. In addition, our subconsultants' representative shall attend these meetings as requested. It is anticipated that thirty (30) meetings will be attended by the subconsultants. 100.10.10.5.1 Trend Meeting Agenda and Meeting Minutes We will prepare an agenda for each meeting to be distributed no less than 48 hours before the meetings. We will also prepare meeting minutes that will be sent to RCTC for review and approval no more than five (5) working days after the meeting. Deliverables: Trend meeting agendas and minutes. 100.10.10.6 Quality Assurance (QA) Program We will maintain the quality assurance plan that will be in effect during performance of the services under this Agreement. The quality assurance program will address reports, plans, studies, estimates, and other documents submitted under the Agreement. Deliverables: Updated Quality Assurance Plan. 100.10.10.7 QAIQC Independent Third Party Review We will perform quality control reviews in accordance with the approved Quality Assurance Program for the reports, plans, studies, estimates, and other documents submitted under the Agreement. Quality control reviews by discipline and task managers and their production staff is included in the respective production tasks. The QAIQC Independent Third Party review is for the separate, milestone independent review of major deliverable documents (e.g., Project Report, Environmental Document and Technical Studies). Deliverables; Quality Control reviews of deliverable products, including documentation by the reviewers of their reviews. RCTC: 1-15 Corridor Improvement Project Page 8 of 50 Scope of Work 100.10.10.8 Design, Create, and Administer a Public Outreach Web Page Update and design project website that will seamlessly link to RCTC and OCTA current Web sites. We will update the current 1-15 project website. The proposal hours reflect the update and development of new content for incorporation in the i15project.info project website. The project website will be maintained and updated monthly to reflect the latest information. Deliverables: Updated Project Web Page. 100.10.10.9 Electronic Document Control {ProjectWise} We will construct a ProjectWise web site to promote real-time collaboration and information sharing in a secure web -based environment. The web site will be password protected with firewalis to preserve security and project team members will have access via a standard web browser and Internet connection. RCTC, involved agencies, team members, and any designated persons will have access to share work products, plans in CADD formats, contact team members by e-mail or receive notification of new information added to the site. Deliverables: ProjectWise Web Site. 100.10.15 PA&ED Component Close -Out We will perform the activities to close out the project. It is assumed that these activities would be limited to final project documentation maintenance activities. They include archiving project files from the team, memos, letters and other correspondence in correct order by date in central project files and record documents. We will also verify that contract terms and conditions are met; verify required scope and deliverables are completed; send a contract completion notice to client; final budget changes documented; verify required scope and deliverables are completed by subconsultants. 100.10.30 Updated Administrative Record during PA&ED We will prepare and maintain project files related to the environmental document throughout the environmental process using the Caltrans filing number system as established under NEPA Delegation. Deliverables: Maintain filing system throughout project. 160 PERFORM PRELIMINARY ENGINEERING STUDIES AND DRAFT PROJECT REPORT 160.05 Update Project Information There are two new cities we must address this time around, Eastvale and Jurupa Valley. Data for planned facilities needs to be coordinated as these locations were previously unincorporated Riverside County. This activity includes review of the information assembled and developed during the PMED, as well as a preliminary assessment of what additional information may be required during the project report and environmental document development. RCTC: 1-15 Corridor Improvement Project Page 9 of 50 Scope of Work We will continue to review the available reports, studies, and plans for the provision of TEL lanes along 1-15 and its connection with SR-91. The purpose of this review will be to determine the locations for tolling points and advance signing, as well as to become familiar with any issues or concerns. Field reviews will be performed by the HDR team as it pertains to each specialty disciplines. Deliverables: Develop and deliver footprint to environmental scientists. 160.10 Engineering Studies This activity includes developing in more detail or updating those studies initiated during the Feasibility Studies phase of the I-15 CIP project. It also includes additional engineering studies required during the PA&ED phase of the project. These studies are described below. 160.10.10 Traffic Forecasts/Modeling Traffic forecasts will be prepared through the application of the ROTC Transportation Analysis Model developed by PB Americas. It is assumed that, as part of the scope of work for the SR-91 corridor, PB Americas has obtained concurrence from all applicable agencies that this modeling tool is appropriate for use in the analysis of these regional corridors. To provide a level of consistency between the forecasts for the SR-91 corridor and the 1- 15 corridor, final, post -processed traffic volumes from the SR-91 project for the segments of 1-15 and the interchanges between Hidden Valley Parkway and Cajalco Road will be obtained from Parsons Brinckerhoff (PB). The volumes entering and exiting the freeway mainline and HOV/HOT facility at Hidden Valley Parkway and Cajalco Road will be the starting point for traffic forecasts for the remainder of the 1-15 corridor. 2013 counts will be obtained and utilized for traffic forecasts and in addition Origin and Destination data collection will be included to calibrate the model for this project. The model setup and trip tables will be obtained from PB. Traffic forecasts will be developed for each local interchange, system interchange, and TEL lane ingress/egress point in the study area. TEL lane ingress/egress point locations will be determined in consultation with RCTC. The model highway network will be reviewed with RCTC to ensure that it is consistent with the changes that RCTC will be making to the financially constrained Regional Transportation Plan (RTP). Caltrans and RCTC will provide concurrence regarding the methodology used to post -process raw 2030 or 2035 modeled volumes to the anticipated 2040 design year of the project. Mainline volumes will be matched with the volumes developed by PB at the outer limits of the study area on 1-15. Traffic forecasts will be developed for each mainline segment, ramp, and local intersection for the traffic analysis. Average daily traffic (ADT), as well as a.m. and p.m. peak -hour volumes will be generated for the no build and two build alternatives. A single traffic forecast will be prepared for 2040 for the single build alternative. Traffic volumes will be expressed as passenger car equivalents (PCEs). Traffic forecasts for the project opening year (2020) will be developed in a similar manner as those for 2040. The final, post -processed traffic volumes from the SR-91 project for the segments of 1-15 and the interchanges between Hidden Valley Parkway and Cajalco Road will be obtained from PB. The volumes entering and exiting the RCTC: 1-15 Corridor Improvement Project Page 10 of 50 Scope of Work freeway mainline and HOV/HOT facility at Hidden Valley Parkway and Cajalco Road will be the starting point for traffic forecasts for the remainder of the 1-15 corridor. Zonal socioeconomic data (SED) inputs for the project area will be developed in consultation with RCTC and SCAG through review of existing and future forecast SED and recent development trends in the area. The project opening year highway network will be developed in consultation with local jurisdictions' staffs, based on each jurisdiction's Capital Improvement Plans and committed projects identified in the regional Transportation Improvement Program (RT1P). The study area for the traffic forecasts along the 1-15 Corridor and the transportation analysis will be as follows: • 1-15 mainline and proposed TEL facility from Cajafco Road to SR-60 (14.56 miles mainline) • All local interchanges between Cajalco Road and SR-60 (Cajalco Road/Future Mid County Parkway, El Cerrito Road, Ontario Avenue, Magnolia Avenue, Hidden Valley Parkway, Second Street, Sixth Street, Schleisman Road [future], Limonite Avenue, Cantu-Galleano Ranch Road) • 52 intersections: 4 intersections at each local interchange (ramp termini, plus one in each direction), as well as others necessary to analyze project impacts as identified during course of study • 11 local roadway segments Following are assumptions for the Traffic Modeling, Operations Analysis and Traffic Study Report: • The study area includes all interchanges from SR-60 freeway in the north to Weirick Road in the south. • All ramp intersections and selected adjacent intersections will be included in the analysis. There would be a total of 52 intersections (existing + future). • All freeway segments and ramp junctions from Cantu-Galleano Road in the north to Weirick Road to the south, will be included in the analysis • Analysis years would include: existing (2013), Opening Year (2020) and Future Year (2040) • All traffic forecasts will be prepared through the application of the RCTC Transportation Analysis Model developed by PB Americas. This is the same model that was used in the previous 1-15 CIP analysis. • The Existing Base year (2008) model has already been validated as part of the original CIP analysis. It is assumed that no new validation will be required for the existing base year scenario. • Separate model runs will be utilized to develop "No Project" and "With Project" model volumes. • Only one Tolled Express Lanes (TEL) alternative would be included in the "With Project" scenario analysis. • There would be no new Value Analysis (VA) effort. It is assumed that the VA results from the previous 1-15 CIP work will be used. • HCM-2000 will be used for all analysis. Synchro 7/8 will be used for all signalized intersection analyses and Traffix 9.0 will be used for analyzing ail unsignalized intersections. HCS+ will be used for all freeway /ramp junction analyses. RCTC: 1-15 Corridor Improvement Project Page 11 of 50 Scope of Work We will provide comments on toll rate structure and review simulation results for consistency with previous traffic and revenue studies. Deliverables: Traffic Count Data, Model & Methodology Memo, Calibration Report, and Traffic Forecast Volume Development Report. 160.10.15 Geometric Plans (Concept Roll Plots & Plan Sheets) We will develop Concept Geometry Roll Plots to illustrate the TEL Build Alternative. The Concept Geometry will be reviewed with RCTC and submitted to Caltrans for conceptual review of the TEL Build Alternative. Upon review and comment on the Concept Geometry, we will proceed with GAD's and the Geometric "Layout" Plan Sheets. Geometric layout plans will be prepared at 1" = 50' scale (approximately 1"= 100' for reduced plans). Lanes, shoulders and buffer widths will be labeled. Any right-of-way requirements will be shown (the need for additional right-of-way is not anticipated). Retaining wall and sound wall locations will be shown with approximate heights. Daylight limits of standard 1:2 or 1:4 slopes will be delineated. Geometric plan development for the Project Report will include the following alternative: • Build Alternative — One to Two TEL Lanes in each direction The project limits will be from just north Cajalco Road to just south of SR-60. The alternative will also include development of TEL ingress and egress points at specific locations to be determined within the 1-15 corridor. For the purposes of this proposal, we estimate a maximum of twelve (12) ingress/egress locations. We will provide input on express lane configuration and review plans for consistency with tolling concepts and for suitability for toll operations. Deliverables: Concept Geometry Roll Plots. Geometric plans at 1"=50' scale. 160.10.16 Prepare Construction Staging Concept Plans We will prepare concept stage construction plans for the build alternative. The construction staging concept plans will depict the overall sequencing of construction for the TEL alternative to balance the construction production, traffic delay impact, and cost. The construction staging concept plans will show where the construction is occurring and where traffic is maintained during construction (i.e., identify opened lanes of travel and general construction areas). The construction staging concept plans basically consist of an overview. Details will be included when further clarification is needed to illustrate complex aspects of the plan. The concept stage construction plans will be prepared at 1" = 100' scale (approximately 1" = 200' for reduced plans). Assumptions: Scope is based on developing construction staging concept plans for the single TEL build alternative. Deliverables: Concept stage construction plans. 160.10.20 Value Analysis A value analysis was done for the original project in September 2009. This analysis was completed with findings but a formal resolution report is pending once determinations are made on the individual recommendations. We will review the Value Analysis recommendations and implement any appropriate findings. We will coordinate with VMS ROTC: 1-15 Corridor Improvement Project Page 12 of 50 Scope of Work to finalize the existing draft report and revise it for the new project limits. We will review and comment on the final report and meet with Caltrans one time to discuss the VA Study findings, recommended implementation and final VA summary report. Deliverables: Final Updated VA Summary Report. 160.10.25 Hydraulics/Hydrology Studies Preliminary Hydrology & Hydraulics Study will be reviewed and updated to reflect the current TEL build alternative. Hydrologic basins and data will be adjusted to current project and improvement boundaries based on peak flow rate per acre determinations. Based on the revised flow rates, the qualitative assessment of existing and proposed drainage facilities will be updated. Coordination to include new drainage facilities from recently completed projects or projects slated for construction within the revised project boundaries will be conducted. The analysis will be based on Caltrans drainage criteria in the Highway Design Manual and the Riverside County Flood Control & Water Conservation District (RCFC&WCD) Hydrology Manual. Deliverables: Initial Draft, Final Draft and Final "For Approval" Preliminary Hydrology Study. 160.10.26 Drainage Concept Plans Drainage concept plans will be reviewed and updated to include record drawing of existing facilities within the revised project boundary. Coordination will be conducted to include the drainage facilities from the State Route 91 design build project. Drainage concept plans will be prepared at a scale of 1" = 50' for the project length as identified in this scope of services. Deliverables: Drainage Concept Plans (Plan View Only) combined with Contour Grading and Right of Way at 1" = 50' scale. 160.10.27 Storm Water Data Report (SWDR) The project Storm Water Data Report (SWDR) will be updated in accordance with Caltrans' Project Planning and Design Guide dated July 2010 and Appendix E dated May 2012. SWDR will identify issues that pertain to the Santa Ana Regional Water Quality Control Board and the 2009-0009 DWQ Construction General Permit. Coordination will occur with the SR-91 CIP GAD's and SWDR concepts stemming from the planning phase to assess Jurisdictional Delineation Impacts relative to proposed BMP facilities. This will be necessary to account for competing resources. This task includes two (2) storm water focus meetings with District 8 and the Regional Water Quality Control Board representative. Deliverables: Initial Draft, Final Draft and Final "For Approval" Storm Water Data. 160.10.31 Origin and Destination Data Collection & Processing Origin and destination data will be collected along the route using License Plate Video. This data will then be processed for use in the VISSIM modeling analysis. Deliverables: Processed Origin and Destination Data. RCTC: 1-15 Corridor Improvement Project Page 13 of 50 Scope of Work 160.10.32 Traffic VISSIM Modeling Analysis The following tasks reflect development of a system to system traffic simulation model. The model will be developed with the latest version of VISSIM, a widely used national and international software platform distributed by PTV. This traffic simulation model will use the traffic 'demand' (from the traffic volumes from the previous models/studies in the immediate vicinity) to determine traffic operational characteristics of the modeled roadways. The main goal of developing an existing model is to determine parameter settings within VISSIM that will accurately simulate existing conditions so that future models can replicate future traffic conditions. The model would require additional refinement to more current counts and traffic conditions if used in a federal documentation effort. The traffic volumes that will be used will be 1 are being collected in early 2013. The VISSIM model will be developed to reflect the peak AM and PM periods. The VISSIM model will include the 1-15 1 SR-91 Interchange in addition to the following adjacent interchanges: • State Route 60 • Cantu Galleano Ranch Road • Limonite Avenue • Sixth St • Second St • Hidden Valley Parkway • Magnolia Avenue • Ontario Avenue • El Cerrito Road • Cajalco Road Existing Model Development: This task consists of replicating the existing roadway network in VISSIM to match the field geometric conditions for the peak period. Error Checking and Vehicle Routing: This task consists of testing the model with abstract volumes to remove all errors that may have occurred during the coding process. This is a time saving step that eliminates errors from causing possible false calibration. An origin -destination (OD) matrix will be created using the existing traffic counts. Using the OD allows the model to replicate the lane utilization as it operates in the field. Model Validation and Calibration: Modify VISSIM network parameters including vehicle and driver behaviors to ensure that the model is calibrated to current year conditions in the AM and PM peak periods and is validated for future condition use. • Error Checking o Overall network error checking o Specific error checking for new access points, where it will not be possible to record traffic volumes or travel times for calibration. • Volume validation o Calculate average volumes for key locations within the project for each time interval a Graphically compare simulated volumes and field collected volumes ROTC: 1-15 Corridor Improvement Project Page 14 of 50 Scope of Work o Ensure that simulated volumes and recorded field volumes are within 10% tolerance limits • Calibration to Field measurements • Ensure that simulated and recorded field speeds (and/or) travel times are within 20% tolerance limits Improvement Alternative Model Development: VISSIM models will be developed for: no build with year of opening (2020) volumes and one alternative geometry improvement scenario. These models will incorporate all calibration adjustments made in the existing model. This task includes the volume development steps necessary to create inputs and routing decisions for VISSIM, simulation model coding, simulation error checking and volume validation of the model, plus post processing of the results of the model runs. Horizon Year Modell Comparison: A future year model will be developed using the calibrated model with modified traffic volumes to integrate future projected volumes to create a horizon year VISSIM model. This task includes the volume development steps necessary to create future volume inputs and routing decisions for VISSIM, additional VISSIM coding, error checking, validation and post processing of the results of the model runs. Deliverables: The model assumptions, data parameters, validation statistics and MOEs will be documented in a technical memorandum. The technical memo will also contain calibration information, and steps taken to validate the model. The technical memo will also include the post processed output for the improvement operational scenario model. 160.10.35 Traffic Operational Analysis Traffic operations analyses will be conducted for each project component: 1-15 Mainline, TEL facility ingress/egress, system interchanges, local interchanges (merge, diverge, and weaves), and arterial street intersections (including ramp termini). We will also define and review the operational characteristics and parameters associated with the proposed 1-15 TEL lanes, particularly with respect to their relation to the SR-91 CIP in Riverside County. We will evaluate up to five (5) operational analyses. The details are as follows: I-15 Mainline: Because of the length of the corridor and the relatively standard interchange spacing, mainline operations between interchanges are constrained only by volume and the capacity of the roadway as determined by the number of lanes, grade, etc. Therefore, mainline operations will be evaluated using Highway Capacity Manual (HCM) analysis methodologies, which include these inputs. TEL lanes will be treated as a separate facility and not included as part of the mainline analysis. TEL Facility: Because the ingress/egress points of the TEL facility will be controlled, operations between ingress/egress points are constrained only by volume and the capacity of the roadway as determined by the number of lanes, grade, etc. Therefore, operations of the TEL facility itself will be evaluated using either a volume/capacity calculation or HCM analysis methodologies, which include these inputs. RCTC: 1-15 Corridor Improvement Project Page 15 of 50 Scope of Work TEL Facility Ingress/Egress: The ingress/egress points of the TEL facility have the potential to generate weaving conditions, which would result in turbulence on both the TEL facility and the 1-15 mainline. Therefore, the design of these ingress/egress points will be evaluated. A "template" micro -simulation model of an ingress/egress point will be developed, which will include the ingress/egress point itself, as well as adjacent mainline ramps in either direction. The template will then be modified for the proposed ingress/egress points along the corridor to reflect the particular conditions at each such TEL lane access point, including the forecast traffic volumes. TEL lane ingress/egress point locations will be determined in consultation with ROTC. The micro -simulation results will be analyzed via multiple measures of effectiveness and will be used as a basis for the design of the TEL facility. Up to twelve (12) ingress/egress points will be evaluated, Local Interchanges: Because of the generally standard interchange spacing in the study area, ramp merge/diverge and weaving operations can be analyzed using standard HCM analysis methodologies. All ramps at local interchanges will be analyzed using HCM analysis methodologies. In addition, peak hour ramp volumes will be compared to potential ramp meter service rates to identify probable queuing and delay on the study area on -ramps. It is expected that the SR-91 project will include the interchanges on 1-15 from Hidden Valley Parkway to Cajalco Road in their simulation model. For consistency with the rest of the 1- 15 corridor, HCM analyses of those interchanges will be included in the Traffic Operations Analysis, using traffic volumes provided by the SR-91 team. Arterial Intersections (including ramp termini): All conventional highway intersections included in the study area will be analyzed using Synchro software, employing HCM analysis methodologies. Signal phasing, lane configurations, and storage lengths will be included in the Synchro analysis. Deliverables: Traffic Operational Report. 160.10.36 Toil & Operational Design and Review The scope of work for this task is to provide toll support and will include the following items: • Participate in monthly trend meetings as requested • Participate in periodic toll feasibility meetings with RCTC and its advisory team. • Review and comment on traffic study scopes and assumptions (assume two). This will included reviewing proposed input formats and assumptions for traffic and revenue studies, and reviewing traffic and revenue forecasts for reasonableness and consistency. • Prepare toll feasibility study update scope. Assist RCTC in preparing a scope, work plan, and preliminary schedule for 1-15 toll feasibility studies. • Draft sections of the environmental document related to toll systems/equipment. Prepare draft text for sections of the environmental document relating to operations of managed lanes, toll collection facilities and equipment, toll operations and proposed toll policy. RCTC: 1-15 Corridor Improvement Project Scope of Work Page 16 of 50 " Review sections of the environmental document related to tolling. Review appropriate sections of the environmental document prepared by others that may reference toll operations. Make sure all references are correct and consistent with the tolling plan and proposed toll collection facilities. " Review and comment on updated traffic and revenue studies prepared by others. Review will check for reasonableness and recommendations for sensitivity analyses_ " Review and comment on updated toll feasibility studies. Review Feasibility studies prepared by others and participate in review meetings with RCTC and its consultants. Provide input to the Consultant team in structuring the analysis, identifying scenarios to be analyzed and sensitivity analyses to be performed. " Attend focus meetings on tolling with RCTC and/or its consultants " Provide input on other tasks as requested. Deliverables; " Descriptions of toll operations, facilities and equipment to use in the IS/EA. " Cost estimate of toll collection equipment for the Project Report. " Estimates of HOT lane operations, maintenance, and rehab/replacement costs for feasibility studies. " Drafts of Concepts of Operations (assume three), if required. " Final Concept of Operations, if required. 160.10,40 Updated Right of Way Data Sheets We will prepare Right of Way Data Sheets in accordance with Exhibit 4-EX-1 (REV March 2004) of the Ca!trans Right of Way Manual (based on the most recent revision) for the TEL build alternative including the following information: " ROW cost estimate " Parcel data utility " Facility conflicts; railroad facility conflicts " Identification of previously unidentified hazardous materials " Displacement requirements " Borrow or disposal sites required " Potential relinquishments and/or abandonments " Existing and/or potential airspace sites " Estimated right of way schedule and lead time Deliverables: Right of Way Data Sheets. 160,10,41 Determine flight of Way Requirements It is assumed that no new right of way will be needed. We will determine temporary easement right of way requirements for construction of sound walls build. Right of RCTC: 1-15 Corridor Improvement Project Page 17 of 50 Scope of Work way requirements will be established in Microstation format and tabulated in an Excel spreadsheet with parcel number identification and temporary area of need required. Deliverables: Tabulated Right of Way Requirements 160.10.45 Utility Locations Determined for Preliminary Engineering We will research, contact and coordinate with each public utility company to obtain any new utility record drawings and to verify with each public utility company that the initial utility plans developed from previously received as-builts & record drawings accurately depict their facilities. We will conduct field review of tree 1-15 project for identifying and verifying the public utility facilities. Using the record drawings obtained from, the utility search, contacts made, and field review redlines, we will map any additional existing public utilities on the Utility Plans and reflect conflicts or potential conflicts. Scope and cost estimate does not include environmental permitting for utility relocation options, pothole plan, or potholing of existing utilities. The positive location and utility relocation coordination tasks will be addressed in the final design phase of the project. Deliverables: New or Additional Utility record drawings, updated contact list and updated base mapping, updated utility plan sheets, and updated utility conflict list. 160.10.50 Railroad Study The Railroad Study for the original project was submitted as a draft in April, 2010 and received concurrence. This original report will be updated for the new project limits and will identify all affected rail lines. operation requirements, and expansion plans and prepare a Railroad Information Sheet in accordance with Exhibit 4-EX-1 (REV March 2004) of the Caltrans Right of Way Manual (updated March 2007) for the Project Report describing the railroad facilities and types of agreements and rights required from the railroads. Deliverables: Updated Railroad inforrnation sheet 160.10.60 Park and Ride Study A draft of the Park and Ride Study for the original project was submitted to Caltrans in 2010 with comments received in July, 2010. These comments will be incorporated in the updated report for the new project limits. This study will address the potential to add park and ride facilities within the reduced project corridor. Potential locations for park and ride facilities will be limited to areas adjacent to existing local access interchanges that are served by of are near existing bus service. Attention will be given to property remainders if any exist after acquisitions for freeway widening or associated street modifications. Locations will be recommended (if any) and the approximate number of spaces will be determined. Park and ride lot layouts will not be included. Deliverables: Updated Park and Ride study. 160.10.70 Traffic Studies Report A traffic study will be prepared to document the traffic operations analysis of the 1-15 corridor. The study will include existing conditions, analysis methodologies, and ROTC. 1-15 Corridor Improvement Project Page 18 of 50 Scope of Work conclusions. The traffic study will be submitted under separate cover as a technical report. This technical report will be used as the basis for other technical studies, such as air quality and noise impacts, and it will be included as an appendix to the environmental document. An administrative draft will be prepared, and 50 copies submitted and distributed for review by RCTC, Caltrans and other project team members. Responses to comments will be incorporated, and a second draft will be prepared. An additional 50 copies of the second draft will be submitted and distributed for review by RCTC, Caltrans, and other project team members. Deliverables: Draft and Final Traffic Studies Report. 160.10.80 Updated Geotechnical Information Findings of investigations, preliminary considerations for design, potential impacts, and general design and construction recommendations (sufficient for Advance Planning Studies and Type Selection) will be documented in two types of reports. A Preliminary Geotechnical Information Report that addresses cuts, fills, retaining walls, sound walls, signs, drainage facilities, and pavement structural design will be prepared for review and comment by RCTC and Caltrans. It is assumed that there will be up to two (2) submittals of the draft of this technical report, a final report, and a revised final report. The second report type is a series of Preliminary Foundation Reports for each of the bridge Advance Planning Studies completed for this project. The purpose of preliminary geotechnical investigation is to provide adequate geotechnical data and recommendations for preliminary engineering design of the project. Preliminary engineering analyses, recommendations and a Preliminary Geotechnical Design Reports (PGDR) for roadways and Preliminary Foundation Reports (PFR) for Advanced Planning Study and/or Type Selection Study for eleven (11) bridges will be provided in accordance with Caltrans requirements. In addition, we will provide preliminary geotechnical reports for tie -back retaining walls to facilitate cuts and fills where the right-of-way needs to be widened (if necessary) Our scope of work for these reports will generally be as described in the following subsections. Review of Background Information We will collect and review available relevant as -built roadway and bridge plans, existing soil, geology, seismic hazard, and groundwater data and maps maintained and provided by Caltrans and other agencies. This will include bridge general and foundation plans, Log of Test Borings (LOTB) sheets, roadway materials reports, and bridge foundation reports. Pre -Field Activities Prior to start of fieldwork, we will conduct a site reconnaissance and geologic surface mapping to observe existing conditions and determine proposed subsurface exploration locations. We will coordinate our proposed geotechnical exploration program with Caltrans, RCTC, Riverside County Transportation Department (RCTD), U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), Cities of Norco, Corona, Lake Elsinore, Murrieta to obtain permits and notification requirements. We will prepare and submit for approval to RCTC and Caltrans the following: RCTC: 1-15 Corridor Improvement Project Page 19 of 50 Scope of Work " Field Exploration Map showing locations of proposed explorations " Health and Safety Plan for our fieldwork in accordance with California OSHA regulations " Traffic Control Plan that meets requirements of Manual for Uniform Traffic Control Devices (MUTCD) We will mark all exploration locations and notify Underground Service Alert (USA), so that known public or private underground utilities can be identified in the proposed exploration areas. We plan to subcontract a private utility locator to help us locate and mark existing utilities. Two survey methods will be used to locate and identify underground utilities, namely, electromagnetic line locating equipment (Heath All -Pro Multi -Frequency), and Ground -Penetrating Radar (GPR) equipment. Field Exploration (no new field exploration is anticipated) Geotechnical Laboratory Testing (no new testing is anticipated) Geotechnical testing of sampled earth materials will be conducted in our laboratory for soil classification and to evaluate engineering properties. This testing will include: " Moisture contents and dry densities (ASTM D 2216) " Caltrans compaction curves (CTM 216) " Sieve analysis (ASTM D 422) " Possibly Atterberg Limits if/where clays are found (ASTM D 4318) " Expansion Index (ASTM D 4546) if/where clays are found " Direct shear test (ASTM D 3080) " Consolidation and collapse potential (ASTM D 5030, etc.) " Corrosively tests  pH (CTM 640), resistivity (CTM 532/643), and soluble sulfate (CTM 417) and chloride content (CTM 422) " R-value test (CTM 301) Updated Preliminary Engineering Analyses and Report Preparation Based on the results of our review of as -built data, site -specific field exploration and laboratory testing results, we will perform preliminary geotechnical engineering analyses. Preliminary geotechnical findings and design parameters will be evaluated and provided, including site geology, encountered subsurface conditions, faulting and seismicity, liquefaction potential, corrosion potential, earthwork and grading, roadway structural sections/pavement design, embankment fill induced settlement, excavations, slope stability, lateral earth pressures, rippability evaluation, material specifications, material sources and disposal. Geotechnical recommendations will be provided for preliminary design of bridges, retaining walls, tie -back walls, sound walls, drainage improvements and proposed culverts. The reports will be signed and stamped by a California licensed Geotechnical Engineer (GE) and a Certified Engineering Geologist (CEG) and will include RCTC: 1-15 Corridor Improvement Project Page 20 of 50 Scope of Work exploration logs and field test data, geotechnical laboratory test data, and possibly geotechnical cross sections in addition to the following: Alignment Conditions: We will review and summarize the surface and subsurface geologic conditions and materials, groundwater conditions, and the engineering properties of earth materials encountered during this investigation. Seismic Design Parameters: We will present the results of site -specific seismic hazard evaluation including recommended soil profile type, peak bedrock acceleration and design acceleration response spectra (ARS) curves for a Maximum Credible Earthquake (MCE) seismic event in accordance with the latest version of Caltrans Seismic Design Criteria (SDC). Foundation Design Recommendations: Using the data collected during our investigation, we will recommend a suitable foundation type for the proposed structures. Preliminary foundation design parameters, if required, will be provided in these reports but only a preliminary recommendation will be developed. Final foundation design is not included in this task. Shallow foundation design parameters include: footing data table, bearing pressures and settlements. Pile foundation design parameters include: pile data table, axial and lateral pile capacities, design pile tip elevations, pile settlement and deflection, and recommended p-y (load - deformation) curves for lateral load analysis of pile shafts. Retaining Wall Design Recommendations: Recommendations for suitable retaining wail and shoring systems for bridge abutments and wingwalis will be provided. Static and seismic lateral earth pressures (active, passive and at -rest pressures) and sliding friction parameters will also be included. Earthwork and Grading: We will present earthwork criteria, including recommendations for clearing and site preparation, subgrade preparation, recommendations for removal of unsuitable soil or fill, utility trench backfill, surface drainage, and landscaping considerations, as necessary. Recommendations for import soil engineering and compaction criteria will also be provided. Corrosion Potential: Results of corrosivity tests will be presented and analyzed in accordance with Caltrans Corrosion Guidelines. Recommendations for corrosion protection and mitigation of steel and concrete foundation elements will also be provided. Pavement Design_ We will present both flexible asphalt concrete (AC) and Portland cement concrete (PCC) pavement sections for Traffic Indexes (TI) specified by Caltrans. The latest edition of Caltrans Highway Design Manual (June 2006) and local (District 8) design practice will be Used in evaluating pavement sections. Pavement design will be based on measured R-values of encountered subgrade soils and anticipated properties of import soils. A life -cycle cost analysis of proposed pavement sections will also be performed in accordance with the current policy of Caltrans District 8. Deliverables: Updated Preliminary Geotechnical Information Report (Earthwork, Cuts, Fills, Retaining Walls, Sound Walls, and Pavement Structures) and Preliminary Bridge Foundation Reports (each bridge). RCTC: 1-15 Corridor Improvement Project Page 21 of 50 Scope of Work 160.10.85 Structures Advance Planning Study (APS) Draft APS's were submitted to Caltrans in 2010 and comments were received. A formal response matrix prepared and submitted to Caltrans to document APS changes and this task was placed on -hold. These need to be updated for the revised project and associated bridge widening (median/outside) for a single TEL only build alternative. • Perform Advance Planning Study (APS) for each structure to evaluate the type of structure, foundation and its constructability issues, calculations of horizontal and vertical clearances, staging, preliminary construction durations, structure cost and structure interaction with roadway and railroad facilities. • Develop the APS Report based on Caltrans' Memo to Designers (MTD) 1-8 and Caltrans' Office of Specially Funded Projects' (OSFP) Information and Procedures Guide, including a preliminary seismic retrofit assessment of the existing bridge structures. • One General Plan (GPs) will be developed for each structure based on the proposed build alternative. One structure type will be recommended in each APS report. • The widening of the following existing bridges and under crossings will be studied (no tie back walls are proposed in the median only version of the TEL Build Alternative): Structure Name Bridge Number El Cerrito Road UC 56 0558L / 56 0558R Temescal Wash 56 0499L / 56 0499R East Sixth Street UC 56 04941_ / 56 0494R East Corona OH 56 04951. / 56 1495R Route 15/91 Sep 56 0501L / 56 0501R Parkridge Ave UC 56 06731_ / 56 0673R Corona Ave UC 56 0697L / 56 0967R Second St UC 56 06671_ / 56 0667R Third St UC 56 0668L / 56 0668R Santa Ana River 56 0563L / 56 0536R Riverside Ave UC 56 0693L / 56 0693R Deliverables: APS Report per structure will include: bridge Advance Planning Study exhibit, structural plans for complex and connector -type structures, prepared Advance Planning Study Checklist, a design memo, and itemized construction cost estimates consistent with Project Report requirements. 160.10.85.07 Updated Structures Preliminary Geotechnical Report (SPGR) A draft of the Structures Preliminary Geotechnical Report was submitted with the APS reports for the original project. This report will need to be updated to conform to the new guidelines as well as the updated project limits. RCTC: 1-15 Corridor Improvement Project Page 22 of 50 Scope of Work This task includes work to produce a Structures Preliminary Geotechnical Report (SPGR). An SPGR is required during the early stages of a project and shall be included as part of the Structures Advanced Planning Study. The SPGR is used to document existing foundation conditions, make preliminary foundation recommendations, and identify the need for additional investigations and studies. The SPGR will provide the following using Caltrans' Guidelines for Structure Foundation Reports, Chapter 2: • Project location • Summary of site geology and subsurface conditions • Scour evaluation • Corrosion evaluation • Preliminary seismic study • As -built foundation data • Preliminary foundation recommendations • Additional field work and laboratory testing We will update preliminary bridge design reports based primarily on as -built data and our borings where as -built data is not available or insufficient for current liquefaction analyses. These reports will follow Caltrans Guidelines for Structures Foundation Reports (V2) dated March, 2006 (http:/lwww.dot.ca.govihqiescigeotechirequestsiguidelines.pdf) and will address the following items: • Brief discussion of subsurface conditions, • Site -specific seismicity, • Site -specific liquefaction discussion, • Site -specific ARS design curve, • Foundation type selection • Preliminary retaining wall design parameters, • Embankment fill settlement estimates, and • Constructability review. Separate, brief reports will be prepared, primarily to document foundation type selection and to provide other preliminary geotechnical parameters for conceptual design and initial cost estimates. Deliverables: Draft and Final SPGR Report. 160.10.90 High Occupancy Vehicle Report (NOV) A draft HOV report was submitted to Caltrans in March, 2010 and is awaiting comments. An updated HOV Report will be prepared in accord with Caltrans guidelines. The report will document existing conditions and evaluate the effects of HOV and HOT options on congestion and capacity. The HOV and HOT options will be compared RCTC: 1-15 Corridor Improvement Project Page 23 of 50 Scope of Work with each other and with the mixed -flow lane options. Existing and forecast future vehicle occupancy will be evaluated. Potential policy measures to maintain efficient operations of the HOVIHOT lanes, such as toll adjustments or increasing the minimum occupancy requirements, will be discussed. Integration of the HOVIHOT into the regional network of such facilities, including the proposed facility on SR-91, will also be evaluated and discussed. Deliverables: Draft and Final HOV Reports. 160.10.95 Updated Preliminary Transportation Management Plan (TMP) A draft of the Transportation Management Plan for the original project was submitted to Caltrans in May, 2010 and comments were never received. This report will need to be updated for the new project limits. We will evaluate the feasibility of using surface streets for traffic diversion during extended ramp closures will be evaluated for up to six such closures. Existing traffic counts will be collected at the affected locations and construction year forecasts will be developed. Traffic operations will be evaluated using HCM analysis procedures. Based on the results of the analysis, alternative diversion strategies and/or temporary improvements will be recommended. Deliverables: Updated Preliminary Transportation Management Plan. 160.10.100 Perform Constructabiliity Analysis We will perform a constructability analysis to include identification of constructability issues, construction access and site logistics, and construction schedule analysis utilizing CA4PRS software. Deliverables: Technical report - Constructability Analysis Checklist. 160.15.05 Prepare Cost Estimates We will provide cost estimates for the TEL build alternative based on Caltrans Project Development Procedures Manual guidelines for Project Report cost estimates. An independent review of the cost estimate will be performed by our contracting practice group. In addition, we will develop preliminary cost estimates for the toll collection equipment including spatial requirements and for the capital equipment needed to maintain customer accounts and violation enforcement excluding on -site mobile or portable enforcement units. Estimates will be based on the number of tolling locations and lanes of electronics and estimates of staff where required to facilitate the estimate. Deliverables: Project Report cost estimate and preliminary estimates for Toll, CSC, and VPS equipment. 160.15.10 Prepare Concept Geometry Fact Sleet for Exceptions to Design Standards We will identify non-standard design features based on the Design Checklist (DIB 78-02) for the build alternative. Fact Sheets will be prepared for exceptions to Mandatory and Advisory standards for the TEL alternative. Up to three submittals (two review cycles) of the Fact Sheets are anticipated. Deliverables: List of Non -Standard Features, Fact Sheets for Exceptions to Design Standards. RCTC: 1-15 Corridor Improvement Project Page 24 of 50 Scope of Work 160.15.20 Prepare Draft Engineering Project Report (PR) This task entails preparing a Project Report based on the Project Development Procedures Manual (PDPM) Appendix K. All information prepared as part of Task 160.10 will be incorporated into the Project Report in accordance with the PDPM. A preliminary Draft Project Report will be submitted to RCTC and Caltrans for review and comment. Following receipt of one consolidated set of comments, a comment review workshop will be held with the respondents to review their comments and provide appropriate responses. A Final Draft Project Report will be prepared and submitted for review and approval. Up to four (3) submittals (two review cycles) of the Draft Project Report are anticipated. Deliverables: Preliminary Draft and Final Draft Project Report. 160.15.25 Circulate, Review and Approve Draft Engineering Report Once the Final Draft Project Report has been submitted for review and approval, our project manager or his designee will work with RCTC and Caltrans to obtain the appropriate signatures. If issues or questions arise during the approval phase, we will work with RCTC and/or Caltrans staff to answer any remaining questions, provide additional information, and obtain signatures as appropriate. Deliverables: Signed Draft Project Report. 160.20 Survey and Mapping -- Completed 160.20.30 Land Net Surveys -- Completed Deliverables: Field survey notes. 160.20.35 Land Net Map -- Completed Deliverables: Land net map 160.20.50 Control Surveys -- Completed 160.20.55 Photogrammetric Mapping -- Completed Deliverable: Mapping at 1" = 50' scale in a Microstation v8 format. 160.30.05 Maps for Environmental Studies We will prepare environmental study maps for the TEL build alternative. Mapping and plans include the following: • Project vicinity map • Project location map • Field Maps for technical studies showing project limits • Project right-of-way and adjacent parcel mapping • Hydrologic and fioodplain mapping • Seismic and environmental geology mapping • Maps and Figures for reports RCTC: 1-15 Corridor Improvement Project Page 25 of 50 Scope of Work Deliverables: Environmental study maps and figures. 160.30.10.01 Create and Maintain GIS Database We will maintain a GIS database that shall be used throughout the PA&ED phase. The objective of this task is to establish environmental baseline data in a manner compatible with engineering and topographic mapping. Accurate mapping of the environmental constraints and considerations within the project study area is essential to facilitate analysis of potential impacts associated with each of the alternatives under consideration. Environmental components/data to be included in the GIS database include Section 4(f) resources, historic properties, the 100-year floodplain, water features, waters of the U.S., hazardous materials sites, sensitive visual features, land uses and right-of-way, and noise receptors. Data from publicly available sources will be used as a starting point and adjusted, as appropriate, based on field surveys and observations. Data will be provided in a manner consistent with the project base mapping to ensure that the datasets are compatible and can be used for evaluation of each alternative's effects on the environment. Deliverables: Continue to update and maintain GIS Database. 160.30.15 Obtain Rights of Entry for Environmental Studies The need for Rights of Entry will be evaluated on a case by case basis to determine if any Rights of Entries will be necessary. If we will require access to private and public lands as needed for environmental technical studies we will coordinate with RCTC and Caltrans to identify properties where property access is needed for the technical studies. We will provide a draft right -of -entry (ROE) request letter for distribution to affected property owners to be reviewed by the RCTC. The Draft ROE letter will specify the duration and purpose of property access. We will make changes to the ROE letter as specified by the RCTC. The final ROE will be distributed in the manner specified by the RCTC. All field personnel will be provided with copies of the appurtenant ROE documents in the event that field verification of permission is requested. Assumptions: • Number of ROE mailings: Up to 2 • Number of Custom iREALM Reports: 3 detail reports and one summary • Number of Impacted Parcels: 684 (ROE's for up to 60 parcels) Number of Re-Routes/Changes to "Impacted Parcels: NONE Data Entry will occur through the iREALM web application; no auto -imports of spreadsheets Signed/Returned agreements will be scanned and posted to External SharePoint site by ROW team • Number of Updates to County Tax Parcel Data: NONE • iREALM web map changes: No more than once/week • One initial import of base data (max 684 records) Deliverables (if necessary): • Aerial and site photos • Mapping of properties requiring ROEs • Draft and Final ROE letters RCTC: 1-15 Corridor Improvement Project Page 26 of 50 Scope of Work 165 Perform Environmental Studies and Prepare Draft ED 165.03.01 Prepare Project Description and Purpose and Need We will prepare the Project Description and Purpose and Need, based on the TEL Alternative being studied for the project and updated traffic information. Current population and forecast population growth and trends in the region will be used to update the project purpose and need. Deliverables: Draft Project Description and Purpose and Need for Caltrans review. 165.05.10 Perform Public, Agency and Community Outreach We will assist the Project Team in outreach to the public, agencies, and stakeholders. Outreach will include a public information meeting, Stakeholder Advisory Committee meetings, one-on-one briefings of community leaders, and presentations to community organizations and employee groups. Outreach will inform the public, agencies, and stakeholders about the project and its benefits, build and maintain consensus among stakeholders, and provide opportunities for feedback. A second public meeting is scoped under task 175.10 Public Hearing. 165.05.10.01 Stakeholder Advisory Committee Meetings We will conduct up to six (6) semi-annual Stakeholder Advisory Committee (SAC) meetings. Stakeholders may include a diverse group of participants, such as Building Industry Association (BIA), developers, environmental groups (e.g., Sierra Club, Endangered Habitat League, etc.) and community leaders. We will work closely with RCTC to determine who should be invited to participate. 165.05.10.02 Public Information Meeting Organize and attend one public information meeting to inform the public regarding the current project limits and features and to obtain input and feedback from the public on project issues and concerns. This information meeting will assist RCTC and the project team to better understand the public concerns and will provide the team with an opportunity to address these concerns as the project moves forward. 165.05.10.03 Community Outreach Provide presentations and participate in small group meetings and/or briefings (34 total) on an ongoing basis to appropriate individuals and organizations. The intent of these presentations, meetings, and briefings is to educate the public and community leaders on the project and its benefits and to bring out major issues early in the process so that the project tears can address these challenges in a timely manner. 165.10 Perform General Environmental Studies All technical studies will comply with requirements of CEQA and NEPA, as well as those of all other applicable environmental statutes and regulations. The technical studies will be prepared to cover both related statutory documentation requirements and to support preparation of a joint NEPA/CEQA document required for project approval. RCTC: 1-15 Corridor Improvement Project Page 27 of 50 Scope of Work Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans Standard Environmental Reference (SER) Web site, local and state CEQA Guidelines, and FHWA Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and Section 4(0 Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER Web site as of the date that those studies are initiated. See scope of work for each technical study for details regarding studies to be prepared. Deliverables: Unless otherwise noted, the deliverables for the following technical studies will be a separate bound report including a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures. All draft technical studies will be submitted to RCTC (five copies) and to Caltrans (10 copies) for concurrent review. Following Caltrans' and RCTC's review, a revised draft of each technical study will be submitted to RCTC (five copies) and to Caltrans (10 copies) for concurrent review. Following Caltrans' and RCTC's second review, it is assumed that a revisions workshop will be held to address the comments received on each report, as appropriate. Following the revisions workshop, a final version of each report will be prepared. The final technical studies (five copies to RCTC and 10 copies to Caltrans) will be submitted following the workshop for final concurrence (no additional comments are assumed to be received associated with the final concurrence review). Twenty-five (25) copies of the final technical studies will be produced along with an electronic version (PDF) for submittal to RCTC. For this scope of work, the technical studies, for which a specific scope of work has been included, have been assumed based on our familiarity with the project site and the text included in the Preliminary Environmental Analysis Report (PEAR). If additional studies are identified during the project's environmental phase, a scope of work and cost will be submitted for approval prior to their initiation. Deliverables: • Draft technical studies (fifteen (15) copies each) • Revised draft technical studies (fifteen (15) copies each) • Final technical studies for concurrence (fifteen (15) copies each) • Final technical studies (twenty-five) copies) 165.10.15 Community Impact Analysis, Land Use, and Growth Studies (CIA) A second draft of the CIA report for the original project was submitted to Caltrans in February, 2012 and comments were received in March, 2012. This report will need to be completely redone. We will update the Community Impact Assessment (CIA) that will identify the community impacts on neighborhoods, businesses, and minority and low-income populations. The CIA will assess the project's compatibility with the existing and future land uses and consistency with local land use plans, including municipal (Corona, Norco, Eastvale, Jurupa Valley, and Riverside) and Riverside and San Bernardino County general plans, regional transportation plans, and habitat conservation plans. The CIA will be prepared following the Caltrans Environmental Handbook: Volume 4 - Community impact Assessment (http:llwww.dot.ca,govlserlvo141envhb4.pdf). The CIA will consider residential and business acquisitions and relocations; changes in access/circulation, community cohesion characteristics, demographic characteristics RCTC- 1-15 Corridor Improvement Project Page 28 of 50 Scope of Work and growth; and demand for new or expanded community facilities. Data from the 2010 U.S. Census will be used to identify characteristics of populations within census block groups traversed by or adjacent to the proposed project. Community profiles will be collected for the cities of Corona, Norco, Eastvale, Jurupa Valley and Riverside, Riverside and San Bernardino County, and the State of California to help identify regional and local trends regarding demographics, growth, local industry, occupations, and tax base. Property tax and sales tax revenue issues will be identified and discussed. Maps and graphics for the CIA will be prepared using geographic information systems (GIS). GIS-based maps and graphics will be formatted for publication in a printed document. Up to 20 maps will be included in the CIA. The CIA will include documentation on Environmental Justice (EJ) issues pursuant to Executive Order 12898, Federal Actions to Address Environmental Justice in Minority and Low -Income Populations, with particular focus on any EJ impacts of tolling. The EJ analysis will include information on demographic and economic characteristics of the project area population and will identify the presence of any minority and low-income population groups. Potential adverse effects on the project area population, including minority and low-income population groups and disproportionately high and adverse effects on minority and low-income population groups, will be analyzed. Growth Inducement and Cumulative Impacts — We will prepare growth -related, indirect impacts analysis and will conduct a cumulative impacts analysis for community resources based on the Caltrans guidance for growth -related, indirect impacts and cumulative impacts (http://www.dot.ca.gov/ser/cumulative guidance/approach.htm and http://www.dot.ca.gov/ser/Growth-related IndirectimpactAnalysis/cri quidance.htm). The analysis will follow the step -wise process to determine the level of impact assessment and appropriate level of research and documentation. For this scope of services, it is assumed that up to fifty (50) projects will be reviewed as part of the cumulative impacts analysis and that a qualitative analysis will be appropriate for the growth -related, indirect impacts analysis. Should a greater level of analysis be required, an amendment to the scope of services and cost estimate may be prepared for RCTC's authorization to conduct additional research. The cumulative and growth -related analyses for community impacts will be included in the CIA and will be used in preparing the cumulative and indirect impacts analyses for the overall project to be presented in the environmental document. Assumptions: • One No Build Alternative and one (1) buiid alternative will be considered in the analysis • GIS maps will be used in CIA; up to twenty (20) maps will be prepared • Latest versions of Caltrans guidance documents available at time of preparation of the draft technical report will be used • An administrative draft CIA will be prepared; up to two rounds of review and revision of the CIA are assumed in the scope of services in order to produce a Final CIA • Available metadata catalogues will be used to assemble data for CIA GIS maps. These base maps will be updated for the CIA based on field surveys conducted as part of the data gathering and analysis for the community impact assessment RCTC: 1-15 Corridor Improvement Project Page 29 of 50 Scope of Work including the E.i analysis and the cumulative and growth -related, indirect impact assessment. Deliverables: Draft and Final Community Impact Assessment. 165.10.20 Visual Impact Assessment and Scenic Resource Evaluation (VIA) The new Visual Impact Assessment (VIA) will be updated for the current TEL build alternative and prepared according to FHWA requirements, with input from Caltrans. Project plans and profiles will be analyzed to identify proposed physical changes to the study area and to aid in the identification of key observer viewpoints. Key viewpoints (visual quality "sensitive receptors") will be identified for the proposed project. Visual quality of the proposed conditions will be evaluated of and From the key viewpoints. That is, visual quality will be evaluated "of' the proposed improvements and "from" the improved facility toward the viewpoint. Key viewpoints will be determined based on consultation with Caltrans and RCTC prior to starting the analysis. During analysis, the FHWA methodology, including the evaluation of unity, intactness, and vividness, will be applied. Mitigation measures such as finish, treatment of structures, and plantings will be recommended, if necessary. The VIA preparation will have oversight from a California Registered Landscape Architect, as required by FHWA. Up to eight (8) visual simulations for the build alternative will be prepared. The simulations will present the before and after project conditions. The location and direction of the visual simulations will be coordinated with RCTC and Caltrans prior to preparing the simulations. Assumptions • The VIA for the corridor (Cajalco Road interchange to the San Bernardino County line), will be prepared per current Caltrans and FHWA guidelines for preparation of VIAs. • The VIA will be a stand-alone document and will be to support the project environmental document. • There will be one project build alternative evaluated during the Assessment. • Aerial photography (georeferenced with existing topography) at a scale suitable for preparation of project mapping, figures, and analysis will be provided (1 inch = 200 feet scale minimum, with a minimum of 500 feet to the east and west of I-15 shown and any other areas of improvement). Pixel size shall be no more than 2.5 square feet and the image shall be orthorectified. • CADD files will be provided in coordinate space (projection information provided), and any elevated sections should be provided in 3D CADD. • A project landscape palette shall be provided. Included with the palette will be general rules for planting placement. • A California Registered Landscape Architect (RLA) will review and approve the V1A, per FHWA guidelines. RCTC: 1-15 Corridor Improvement Project Page 30 of 50 Scope of Work Deliverables: Visual Impact Assessment containing up to eight visual simulations. 165.10.25 Noise Study, Wall Design, Draft Noise Abatement Decision Report The noise study was nearly complete on the original project but will need to be redone to comply with revised noise standards. We will prepare a noise technical study evaluating the noise impacts and potential noise abatement/mitigation measures, if any, associated with the proposed study. Because Federal and Caltrans oversight is involved, the report will be prepared in accordance with procedures specified by FHWA in Title 23, Section 772 of the Code of Federal Regulations (C.F.R.) (23 C.F.R. 772) and the Caftrans Traffic Noise Analysis Protocol (Protocol). We will conduct a site visit to identify noise -sensitive receptors of the project area relevant to the noise study. We will consult with the Caltrans District 8 noise specialist assigned to this project to ensure that all requirements are addressed. A field noise study will be performed to quantify and assess existing noise conditions at the potential noise -sensitive areas. It is estimated that short-term (10 to 15 minutes duration) sound -level data will be collected at up to 65 representative noise -sensitive locations throughout the area Prior to conducting the field measurements, we will coordinate with Caltrans' noise specialists to ensure that all sensitive noise receptors are identified. The noise measurements will contain all of the necessary information including concurrent traffic counts and shall comply with all of the requirements for noise measurements as outlined in Caltrans' Technical Noise Supplement. We will conduct traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model worst -noise -hour noise conditions at representative modeled receiver locations under existing conditions and design -year conditions with and without the proposed project. Traffic noise impacts of the proposed project under 23 C.F.R. 772 will be assessed by determining if project implementation is projected to result in traffic noise levels (under design -year conditions) that approach or exceed the FHWA noise abatement criteria or if project implementation is predicted to result in a substantial increase in noise at noise -sensitive uses. If traffic noise impacts are projected to occur, information on the preliminary feasibility and reasonableness of noise abatement as defined in the Protocol will be evaluated and presented for use by decision makers in considering noise abatement. We will also evaluate potential construction noise impacts using methods recommended by the U.S. Department of Transportation. We will prepare a noise study report addressing the requirements of 23 C.F.R. 772 in accordance with guidance in the Protocol and following the noise analysis report format outlined in the Caltrans Technical Noise Supplement (TeNS). if warranted, the noise study report will include a preliminary noise abatement design to schematically identify the location, height, and extent of noise walls needed to abate noise impacts. We will prepare the design and a Noise Abatement Data Report (NADR) in accordance with Protocol guidance, the description of noise walls will be sufficient for environmental review of the proposed project. Abatement allowances will be provided for each wall evaluated. Based on the outcome of the public meeting for noise walls and public voting on noise walls we will identify the appropriate final sound wall locations, as appropriate. ROTC: 1-15 Corridor Improvement Project Page 31 of 50 Scope of Work It is assumed that no walls would be required on private property; however public information meetings or public voting on noise walls would be required. Deliverables: Draft and Final Noise Report. Draft Noise Abatement Decision Report 165.10.25.01 Public Info Meetings for Noise Walls It is assumed that sound walls will be required. As such, up to two public meetings will be conducted related to the potential noise walls. Our project manager, lead engineer and noise specialist will attend the meetings and will assist in preparing for the meetings. We will prepare the handouts or displays for the meeting. Deliverables: Attendance at public meeting related to noise wails by project manager and noise specialist. 165.10.25.02 Public Voting On Noise Walls If a public vote is warranted related to the noise walls we will prepare the necessary materials for conducting and tabulating this vote. It is assumed that this will consist of a single vote at each of the public meetings described under 165.10.25.20.09. It is assumed that additional voting and extensive coordination with the public will not be required. Deliverables: Preparation of materials and tabulation of votes. 165.10.30 Air Quality Study The Air Quality Study for the original project was submitted to Caltrans in 2011 and the Caltrans AQ Concurrence Letter was approved and received in November, 2011. This report will need to be completely redone. We will prepare an air quality technical report that analyzes air pollutant emissions associated with changes in vehicle speed and traffic distribution patterns resulting from the proposed project. All impact analyses will be performed consistent with the technical requirements and methodologies outlined in the Caltrans' Standard Environmental Reference (air quality chapter). The air quality technical report will provide the following discussions and analyses: Regulatory Setting and Existing Conditions: Summarize the existing federal, state, and local air quality regulatory environment as it affects the proposed project, and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (GARB) and the SCAQMD, characterize existing air quality conditions in the project area and explain how those conditions are affected by local climate and topography, Evaluation of Construction Emissions: Based on current District 8 procedure, provide a qualitative discussion related to construction emissions. Evaluation of Operations -Period Mass Emissions: Work with RCTC to get the project as currently defined, in the most recent Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP) prepared by the Southern California Association of Governments (SCAG). It is assumed that the projects will be included in the RTIP and that a regional analysis will not be required. RCTC: I-15 Corridor Improvement Project Page 32 of 50 Scope of Work Localized Carbon Monoxide Hot Spot Analysis: Analyze the degree to which project - related traffic volumes have a potential to effect local carbon monoxide (CO) concentrations using the California Department of Transportation CO Hotspot Protocol. It is anticipated that the CO screening procedure will be appropriate and that CALINE-4 dispersion modeling will not be required. Localized PM2.51PMio Hot Spot Analysis: Analyze the degree to which project -related traffic volumes have a potential to affect local PM2.5 and PM10 concentrations, based on the United States Environmental Protection Agency (EPA) current guidance. Mobile Source Air Toxics: Evaluate proposed project -related mobile source air toxics (MSATs) emissions in accordance with FHWA interim guidance on how MSATs should be addressed in NEPA documents. As directed by said guidance document, if design year AADT is projected to be 140,000 or greater, with the approval of RCTC and Caltrans, we will contact the Office of Planning, Environment, and Realty in FHWA for assistance in developing a specific approach to assess proposed project impacts. It is not assumed that extensive qualitative analyses would be required to address MSATs. If an extensive quantitative analysis is required for the project, then a scope and cost estimate would be provided for this additional effort, however, such an analysis is not anticipated. Climate Change/Greenhouse Gas Emissions: We will assess the issue of greenhouse gas (GHG) emissions and climate change, following Caltrans SER guidance. It is assumed that the GHG analysis will consist of a qualitative analysis. If a quantitative analysis is required, then a separate scope and cost for this analysis will be provided. The GHG analysis will be coordinated with Caltrans prior to preparing the analysis. Air Quality Conformity Analysis Report and Checklist: Under NEPA delegation, the federal air quality conformity determination has not been delegated to Caltrans and must be made by FHWA. We will prepare a separate Air Quality Conformity Analysis using the annotated outline for this report on the SER at the time that the report is initiated and will also prepare the Conformity Checklist based on the checklist that is available on the SER at the time that the Air Quality Conformity Analysis Report is prepared. SCAG Transportation Conformity Working Group. The required TCWG form will be completed and submitted to Caltrans for forwarding to RCTCISCAG for inclusion on the agenda for determining if the project is a project of air quality concern (POAQC). Mitigation Measures: We will develop mitigation measures, where applicable, to address significant air quality impacts, if present. Deliverables: Draft and Final Air Quality Study. 165.10.35 Water Quality Studies The project Water Quality Assessment Report (WQAR) will be updated to include discussions related to the project corridor watershed characteristics, regulatory requirements, pollutants of concern and receiving water body conditions, objectives, and beneficial uses. The WQAR will follow Caltrans guidance for preparation of the report. The WQAR will also incorporate necessary information from the updated SWDR prepared under WBS 160.10,27. The project's potential impact on water quality will be RCTC: 1-15 Corridor Improvement Project Page 33 of 50 Scope of Work evaluated and mitigation measures recommended to prevent adverse water quality im pacts. Deliverables: Initial Draft, Final Draft and Final "For Approval" Water Quality Assessment Report. 165.10.45 Summary of Geotechnical Report In this task, information from the project geotechnical report will be summarized for use in the project environmental document. The summary will address geologic setting, major faults, seismicity, ground shaking, topography, groundwater levels and the groundwater regime, soil conditions, and the presence of bedrock. It will also discuss feasible foundation alternatives for the structures, retaining walls and sound walls, discuss slope stability, and address other geotechnical related design issues including the need for additional field investigation required for final design. We will also prepare a summary of all of these geotechnical findings, distilled down for use in the project environmental documents (EDs). We will document potential geologic hazards along the project alignment, including faulting and seismicity, seismic shaking, liquefaction potential, slope instability and landslides, earthquake -induced settlements and lateral spreading, dam -inundation and flooding. Findings and conclusions from this study will be included in a Geotechnical impact Evaluation study, which will support the CEQA/ NEPA document. Deliverables: Draft and Final Summary of Geotechnical Report. 165.10.60 Location Hydraulic and Floodplain Study Reports A draft Location Hydraulic and Fioodplain Report was submitted to Caltrans and comments were received in August, 2010. We will revise the current Caltrans Preliminary Hydraulics Report (PHR) and the Caltrans Location Hydraulics Study (LHS) for the Temescal Wash drainage crossing with Interstate 15 (56-499 R/L). Responses to previous PHR and LHS Caltrans comments and the associated resolutions will be completed. Revisions to the PHR and the LHS will include updates to the hydraulic models and text based on the selected alternative. It is assumed that existing hydraulic models will be sufficient to analyze the proposed alternative and that no additional survey, hydrology analysis, or site visits are required. This scope of work presumes that the proposed widening of Interstate 15 will not cause a significant floodplain encroachment as defined by 23 C,F.R. 650.105. This task includes attendance of a kick off meeting and a review meeting. A draft and final version of the PHR and LHS will be completed with one round of revisions based on Caltrans comments and the corresponding responses. We will update the previously prepared NEC-RAS hydraulic model to evaluate the Santa Ana River crossings within the project limits as defined in this scope of services for the single TEL build alternative. In addition, the hydraulic models will be used to evaluate temporary construction conditions within the Santa Ana River. Hydraulic performance criteria for Caltrans, Riverside County Transportation Department, and Riverside County Flood Control & Water Conservation District (RCFC&WCD) will be considered and incorporated into the evaluation of results. The previous HEG-RAS and routing model prepared for this project's earlier phase will be updated and/or revised as necessary. Jacobs will prepare a technical write up for HDR summarizing the analyses for the proposed bridge widening. RCTC: 1-15 Corridor Improvement Project Page 34 of 50 Scope of Work We will prepare a Floodplain Evaluation based on the Location Hydraulic Study. The Location Hydraulic Study will contain the requisite information for one (1) TEL build alternative. The report will discuss potential impacts and recommend mitigation measures related to floodplain encroachment, flood -related hazards, natural or beneficial floodplain values, access interruption, and the community floodplain development plan. Deliverables: Draft and Final Preliminary Hydraulics Report, Draft and Final Location Hydraulic Study, Electronic revised HEC-RAS hydraulic model of the crossing. 165.10,65 Paleontology Study A second draft of the Paleontology Study for the original project was submitted to Caltrans in February, 2012 and comments were received in March, 2012. This report will be modified to reflect the current project limits and address the most recent set of comments. A paleontological locality search at the San Bernardino County Museum was conducted. The information identified will be directly incorporated into the environmental document for the proposed project. This information will include a summary of previous paleontological studies within the vicinity of the proposed project site, and an assessment of site sensitivity for buried paleontological resources in the project area. If the records search reveals that paleontological resources are known to be, or have a high potential to be, within the proposed right-of-way, a project -specific impact mitigation program that conforms to the guidelines of the Society of Vertebrate Paleontologists would be included in environmental document. This scope of work assumes that the findings of the paleontological locality search will be negative and that a project -specific impact mitigation program will not be required. Deliverables: Paleontological section to be directly incorporated into the environmental document for the proposed project. 165.10.75 Environmental Commitments Record (ECR) We will prepare an environmental commitments record (ECR) in table format for inclusion in the environmental document as an appendix. The table will include a description of each avoidance, minimization, and mitigation measure from the environmental document and technical studies, organized by topic and numbered to correspond with the impacts. For each measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of Compliance will be identified. The ECR will be included in the environmental document and reviewed as part of the environmental document. Deliverables: ECR for inclusion in the NEPAICEQA document and to be reviewed as part of that document. 165.10,80 Updated Hazardous Waste Initial Site Assessment (ISA) The Updated ISA will be performed in general accordance with the current ASTM "Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessments (ESA) Process E 1527-05" and California State Department of Transportation, Project Development Procedures Manual, Chapter 18 (Interim), dated February 28, 2006, Details of our proposed ISA tasks are as follows: Records Review RCTC: 1-15 Corridor Improvement Project Page 35 of 50 Scope of Work An updated search of selected government databases will be ordered from an environmental database company. This report will meet ASTM E 1527-05 Standard Practice for Environmental Site Assessments; Phase i Environmental Site Assessment Process government records search requirements. The database listings will be reviewed within the specified minimum search distances approved by Caltrans. Leighton will review the State Water Resources Control Board's online Geotracker database and the Department of Toxic Substances Control (DTSC) online EnviroStor database collect reported occurrence of hazardous materials/waste along this alignment including; registered aboveground and underground storage tanks, landfills, contaminated sites, records of emergency release response reports, and contaminated public wells. Site Reconnaissance A Leighton qualified environmental professional, as defined in the ASTM E 1527-05 standard, will drive the 1-15 alignment from Cajalco Road north to the San Bernardino County Line, to look for visual indications of previously undiscovered environmental conditions. Leighton will obtain from the client the appropriate encroachment permits or permission to gain Caltrans right-of-way access. Our site reconnaissance will include observations of current exposed conditions of freeway structures, pavements, potable and non -potable water supply, sewage disposal facilities, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells and dumping. Report Preparation Based on the current database review and site reconnaissance information, we will update our 2011 ISA report. This updated ISA will summarize our findings, conclusions and recommendations. Our findings will be summarized based on the project alternatives. We will list in this report data gaps due to a lack of or inability to obtain information along the alignment despite Leighton's good faith efforts. The Caltrans ISA checklist will be included as an appendix. If presence of hazardous materials/waste is suspected or identified onsite, then a Phase 11 study, including sampling and analyses, may be recommended. ISA Limitations Our proposed ISA services do not include the following: • Interviews of any kind, • Subsurface exploration (e.g. drilling) and/or sampling of any kind along the alignment, • Consideration of possible future contamination of the alignment from adjacent or surrounding facilities or properties, • investigation for radon or methane gas along the alignment, • Investigation for mold, mildew or other biohazards along the alignment, • Handling or disposal of hazardous materials, and/or RCTC: 1-15 Corridor Improvement Project Page 36 of 50 Scope of Work " Research of environmental liens: If right -of way acquisitions are expected, Caltrans may require a search of environmental liens. An environmental or initial site assessment (ISA) cannot wholly eliminate uncertainty regarding hazardous environmental condition(s) at impacting a property. Performance of this ISA is intended to reduce, but not eliminate, uncertainty regarding the potential for hazardous environmental conditions at or impacting a property, and this practice recognizes reasonable limits of time and cost. Information to be disclosed to Leighton Consulting, Inc.: The current ASTM E 1527-05 Phase I ESA standard requires certain items to be disclosed by the user of the Phase I ESA; specifically the following must be disclosed to us prior to our fieldwork: " Liens or activity and use limitations due to environmental conditions at the site must be declared to us prior to our site reconnaissance, " Specialized environmental knowledge or environmental experience on the part of the client, especially with regards to environmental conditions along this alignment, must be declared to us prior to our site reconnaissance. " Commonly known or reasonably ascertainable information that the client may be aware of must be declared to us prior to our site reconnaissance. " Special price reductions from the fair market value of property acquisitions due to environmental conditions along this alignment must be declared to us prior to our site reconnaissance. Deliverables: Technical Reports and Technical report Abstract for use in Environmental Document text. 165.10.85 Preliminary Site Investigation (PSI) The ADL report was submitted and approved for the original project on September 2, 2011. It is assumed this report will not need to be revised and can be used for the new project limits. 165.10.85.01 Asbestos Lead Paint Removal ASBESTOS AND LEAD -BASED PAINT SAMPLING Asbestos and lead -based paint sampling will be taken on 11 sets (11 left and 11 right, or in other words, 11 northbound and 11 southbound) of existing 1-15 bridges is to look for these hazardous raterials that may require special handling or disposal during bridge demolitionlmodification/augmentation construction, Leighton Consulting, Inc, will oversee and coordinate asbestos and lead -based paint sampling by Health Science Associates (HSA) on 11 sets of existing Caltrans 1-15 bridges. The following is a breakdown of our anticipated scope of work for sampling and analysis of surficial materials obtained from 11 bridge structures (22 structures since there are two bridges at each crossing): RCTC: 1-15 Corridor improvement Project Page 37 of 50 Scope of Work " We will obtain and review available past surveys addressing these 11 bridges. " We will provide required traffic control and scissors -lifts for this sampling. " An HSA field representative will visit each bridge to establish appropriate sampling locations. " HSA will then conduct an asbestos and lead -based paint survey in accordance with all applicable regulatory and professional requirements, in anticipation of structure demolition/modification/augmentation construction. " Sampling locations will be digitally photographed. " We will provide written documentation of our survey including observations, evaluations/findings, photo exhibits and sample test results. Asbestos Sampling and Testing Collection of suspect asbestos -containing samples is performed to determine if the materials are either asbestos containing material (ACM) (defined as any material containing greater -than one percent asbestos) or asbestos containing construction material (ACCM) (defined by the State of California as any construction material containing greater than 0.1 percent asbestos). Suspect asbestos material is visually assessed for friability, condition and possible disturbance factors. A bulk sample of suspect material is, whenever possible, collected in triplicate from each observed, apparent homogenous area of suspect asbestos material. Suspect asbestos material that is either not readily observable or accessible for inspection and sampling (such as materials concealed behind or under other materials) may be present at the site and, as such, are to be considered ACMs until proven otherwise. Samples are collected and submitted to an accredited Environmental and Industrial Hygiene laboratory for analysis via polarized light microscopy (PLM) with dispersion staining in accordance with EPA method 6001R-93-116. Lead -Based Paint Sampling and Testing The most cost effective method for determining the amount of lead contained in paint is by using a portable x-ray fluorescence (XRF) analyzer. This instrument contains a cobalt source that excites the lead particles in paint and causes them to emit a signal that is counted and allows the analyzer to determine a statistical evaluation of lead content. Each reading takes a matter of seconds to minutes and the test is completely non-destructive. Current federal standard for these devices as determined by the Department of Housing and Urban Development (HUD) is that any reading greater -than -or -equal -to (?) 1.0 milligram -per -square - centimeter (mglcm2) is considered "lead -based paint." While XRF instruments provide quick, cost effective and non-destructive analysis, there are some valid concerns about their accuracy. Factors such as background materials, interference and statistical error are some factors which affect certain XRF analyzers accuracy. HUD Guidelines specify requirements for each manufacturer of XRF instruments. Some XRF's must perform paint chip sampling in order to determine if the lead concentration is indeed lead- RCTC: 1-15 Corridor Improvement Project Page 38 of 50 Scope of Work based paint (LBP), while others must conduct substrate correction due to interference from substrate materials which may be present. The HUD Guidelines mandate these specifics in each instruments "Performance Characteristic Sheet" (PCS). Health Science Associates (HSA) will be using an RMD LPA 1 XRF analyzer for LBP identification. The PCS for this XRF analyzer requires no substrate correction and no back-up paint chip sampling for inconclusive readings at the LBP limit of detection. As a result, by using the RMD LPA 1, we can perform LBP surveys more accurately and cost-effectively. Recommended US EPA preferred method to determine presence or absence of LBP or coating is by use of such device. However, it should be noted that the XRF technology does not guarantee detection of lead content that may be of concern from an Occupational Safety and Health perspective. Therefore, for some XRF readings that suggest a notable level of lead content below the regulated LBP concentration, but of possible Occupational Safety and Health concern, HSA plans to collect some paint chip samples. Field and Laboratory Certifications Fieldwork, on -site project management and data preparation will be by a California Certified Asbestos Consultant, DHS Lead Certified Inspector/Risk Assessor. The project will be directed and reports prepared and/or reviewed by a specialist who is a Certified Industrial Hygienist, Certified Asbestos Consultant and Certified Lead Project Designer. • Laboratory Services will be provided by a laboratory accredited by American Industrial Hygiene Association (AIHA) for the analysis of paint chips, National Voluntary Laboratory Accreditation Program (NVLAP) for the analysis of bulk asbestos samples by PLM and California Department of Health Services for lead waste characterization. 165.15 Biological Studies We will conduct a literature search, perform field surveys, and prepare a Natural Environmental Study (NES) for the proposed project analyzing potential impacts to biological resources. The report will be prepared in accordance with Caftans SER guidance and will conform to the most recent Caltrans NES template available. The following tasks will be performed during the preparation of this study: Review of Project Information and Applicable Literature • A literature review will be conducted to identify special -status species known or reported from the project area. The literature review will include: • Special status species lists from the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) • Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of the California Native Plant Society (CLAPS) • The most recent applicable Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring within the project site RCTC: 1-15 Corridor Improvement Project Page 39 of 50 Scope of Work " The most recent CDFW Annual Report on the status of California's listed Threatened and Endangered plants and animals " Other available biological studies conducted in the vicinity of the project site " The approved Western Riverside County Multi Species Habitat Conservation Plan (MSHCP) Field Evaluation for Biological Resource Constraints " After reviewing relevant information, the project area biological evaluation will be updated, with a walkover to confirm previously identified biological resources relevant to potential biological resource constraints. Detailed field notes will be compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special -status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. Adjacent areas will also be briefly examined to provide context. The study area for purposes of updating biological information is assumed to be the proposed project right of way. Burrowing Owl studies have been completed for purposes of the environmental document. No further field studies are anticipated. The results will be directly incorporated into the NES. It is also assumed that a focused survey will be conducted and that the survey area will cover up to 400 acres of potentially suitable habitat. The results of the focused survey for burrowing owl will be directly incorporated into the Natural Environment Study. " Least Bell's Vireo/Southwestern Willow Flycatcher Habitat Assessment and Focused Surveys  Qualified biologists will conduct U.S. Fish and Wildlife Service (USFWS) protocol surveys for Southwestern willow flycatcher and least Bell's vireo. The willow flycatcher survey will be performed only at the Santa Ana River due to this location being the only area within the current project limits with the potential for the species. The least Bell's vireo survey will be performed at those locations within the project area with potential habitat but where the species was not found during 2009 surveys: three locations south of the Santa Ana River and at select locations at the Santa Ana River. A total of eight survey visits for least Bell's vireo and a total of five survey visits for Southwestern willow flycatcher will be conducted per USFWS protocol. When possible, surveys for the Southwestern willow flycatcher and least Bell's vireo will be conducted during the same site visit. The area to be surveyed will be suitable habitat within the existing right of way, as accessible. The results of this work will be provided in a letter - format report as required by the USFWS and summarized in the Natural Environment Study. " Habitat Evaluation for Bats and Colonial Nesting Birds  A qualified biologist will look for sign of these resources in potential habitat; study area will be the existing and proposed right of way. Results will be mapped and discussed in the NES. Jurisdictional Waters Delineation -- A qualified biologist will examine all relevant portions of updated project area and update the routine -level delineation conducted in 2009 of the extent of potentially jurisdictional waters under both state and federal regulations in support of a preliminary jurisdictional determination. The study area for this work will be the existing right of way. Evaluation for federal wetlands will follow the applicable methods in the 1987 manual from the Corps of Engineers and 2006 Arid West supplement from the Corps of Engineers, along with subsequent supporting materials and applicable regulations, policy, and case law. Work will include data RCTC: 1-15 Corridor Improvement Project Page 40 of 50 Scope of Work sampling for wetlands and completion of Arid West Determination forms and Ordinary High Water Mark (OHWM) data forms, as appropriate. Clean Water Act jurisdiction will be documented assuming that a preliminary jurisdictional determination will be submitted, requiring approval from USACE. California Department of Fish and Wildlife (CDFW) jurisdictional areas will be mapped to either top -of -bank or to the drip line of the associated riparian canopy, whichever is greater. Evaluation of existing functions and values for jurisdictional areas will be addressed at a qualitative level; however work will not include a functional or condition assessment (e.g., California Rapid Assessment Method). Mapping will be performed to reflect the delineated boundaries of any potentially jurisdictional waters and/or wetlands present Photographs representative of relevant site conditions will be taken. As part of this task, the existing jurisdictional delineation report will be revised and will include background information, delineation methods, and the results of this delineation in text, tabular, and graphical formats. The report will meet the standard requirements for a delineation report in the applicable regions of the USACE, CDFW, and Regional Water Quality Control Board (RWQCD). A one -day field determination with the USAGE, CDFW and/or RWQCB is included. In addition, ICF will prepare an impact analysis for incorporation into the NES to describe and quantify impacts from the proposed project. The impact analysis will be conducted using jurisdictional delineation GIS files and the most current project design files available at the time the NES is prepared. The analysis will include the impacts categorized by permanent and temporary impacts, impacts by agency jurisdiction, and impacts by resource type, and will be depicted in maps and tables. • Habitat Evaluation and Focused Survey for Special Status Plants — A qualified biologist will update the rare plant focused surveys completed in 2009 and provide the results of the updated evaluations/surveys in a survey report that includes all necessary information regarding this effort to satisfy the requirements of Caltrans, the Western Riverside MSHCP, and the resource agencies, for inclusion in the Natural Environment Study. The study area shall be no less than the project right of way. The work will also include any focused plant work that may be needed to assess presence of vernal pool species if such potential habitat is present. This would be consistent with MSHCP vernal pool policies. • Delhi Sands Flower -Loving Fly (DSFLF) Habitat Evaluation and Focused Survey — Assumed that no additional survey will be required. • Listed Fairy Shrimp Habitat Evaluation and Focused Survey — A qualified biologist will perform the habitat evaluation and focused survey update for listed fairy shrimp that will comply with all MSHCP policies. The survey update is intended to verify that no new areas of inundation exist within the project study area that could provide suitable habitat for fairy shrimp. The results will be provided in an updated survey report that includes all necessary information regarding this effort to satisfy the requirements of Caltrans, the Western Riverside MSHCP, and the resource agencies, for inclusion in the Natural Environment Study. This scope does not include the preparation of a Habitat Mitigation Monitoring Program (HMMP). Technical Report Preparation A draft NES will be developed based on results of the biological surveys and analysis and will conform to the current Caltrans NES template. The report will describe: RCTC: 1-15 Corridor Improvement Project Page 41 of 50 Scope of Work �% The study methods used in identifying and assessing the biological resources at the project site, the personnel who conducted the studies, contacts made with agencies, and any limitations associated with the study " The environmental setting, including both the biological and physical setting at the project site " The results, including special -status species present on the site, if any, and a discussion of impacts and mitigation, as necessary " The appropriate regulatory requirements and necessary permits, if any Permitting (i.e., Section 401 Water Quality Certification, Section 404 permit, or Section 1602 Streambed Alteration Agreement) may be required during the final design stage. Initial coordination efforts with appropriate resource agencies on permits are included as part of this environmental document preparation process. If, based on the field work performed, it is determined that these permits would be required, then a scope and cost for the preparation and processing of these permits will be provided. Assumptions: " The biology tasks outlined below will be stand-alone documents that are anticipated to be technical appendices to the Natural Environmental Study (NES). Synthesis of the technical information into the NES document will be completed. We will map specific habitat evaluations (Delhi Sands Flower Loving Fly [DSFLF], fairy shrimp, and narrow endemic plants) on the overall general habitat map created, We will request a project species list from USFWS. This information will be used in addition to other sources to determine the potential sensitive plants in the area. Focused protocol surveys are not included in this scope of work. After the habitat assessments are completed the need for protocol surveys will be determined after consultation with RCTC and Caltrans. If protocol surveys are deemed necessary for any of the following species (DSFLF, fairy shrimp, and plants), then a separate scope and fee will be submitted for those specific surveys. " Aerial photography at a scale suitable for preparation of project mapping, figures, and analysis will be provided (1 inch = 200 feet scale minimum, with a minimum of 500 feet to the east and west of 1-15 shown and any other areas of improvement). Fix& size shall be no more than 2.5 square feet and the image shall be orthorectified. " We assume all rights of entry and access for field work, and surveys shall be obtained by others (RCTC and/or Caltrans). " Engineering plans, including limits of construction, staging areas, and borrow/disposal sites, if needed, will be provided at a level of detail sufficient for preparing the technical studies (roadway lanes, topographic information [including changes in topography resulting from the proposed project], state plane tick marks, station numbers, and existing structures within 500 feet of the proposed project). " Mapping showing existing conditions (roadway lanes, topographic information, state plane tick marks, station numbers, and existing structures within 500 feet of the proposed project) will be provided. CADD files will be provided in a known coordinate system or projection, and attributes will be provided in discrete layers so that this information can be used in GIS. RCTC: 1-15 Corridor Improvement Project Page 42 of 50 Scope of Work Deliverables: The biological study reports for the preparation of the project's Environmental Document. 165.15.15 Resource Agency Permit Related Coordination It is unknown whether permits will be required and/or the extent of any permitting efforts. Permits are not assumed or included in this scope of work. Time has been included for preliminary coordination efforts with U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife. If permits are identified as being needed then it is assumed that those would be prepared and processed under a separate project phase. The preparation of permit applications and processing are not included in this scope of work. Deliverables: Preliminary coordination efforts with U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife. 165.20 Cultural Resource Studies The existing Historic Property Survey Report (HPSR), including an Area of Potential Effects (APE) map, Archaeological Survey Report (ASR), and Historical Resources Evaluation Report (HRER), will be updated. T he APE will be revised following Caltrans' direction, it is assumed that all cultural documents will have negative results and that no resources that are eligible for listing on the National Register of Historic Places (NRHP) will be identified. Consultation with Native Americans is underway and is awaiting Caltrans' input before completion. It is anticipated that no consultation with additional Native American groups will be required. It is assumed that no new guidance or requirements will be issued subsequent to March 2013. It is assumed that only minimal additional field work will be required. If new guidance or requirements, or additional field work, is required then a scope and cost for this work will be provided. Deliverables: Draft and Final APE map (by HDR), ASR (Finding of No Archaeological Resources Present), HRER (Finding of No Historic Resources Present), and HPSR (no properties requiring evaluation finding). 165.25 Draft Environmental Document Based on the environmental technical studies discussed above a Draft Initial Study/Environmental Assessment (IS/EA) will be prepared. It is assumed that the EA will not be a "complex" EA. Environmental issues not documented in separate technical reports will be addressed in the IS/EA. The IS/EA format to be used will follow the annotated outline for IS/EAs included on Caltrans SER at the time that the IS/EA document is initiated. Technical studies that support the 1S/EA are a part of the environmental compliance record and will be public documents available for review at RCTC, local libraries, and Caltrans District 8. Each submittal to Caltrans will include the External QC form and Environmental Document Checklist. To reduce iterations of the document, a revision workshop with RCTC and Caltrans to facilitate reviews will be coordinated. Upon signature of the cover sheet and approval to circulate, hard and electronic copies of the Draft IS/EA will be produced. The electronic copy will be in Adobe Acrobat PDF format to allow for publication by HDR's outreach consultant on the project Web site. Deliverables: RCTC: 1-15 Corridor Improvement Project Page 43 of 50 Scope of Work " Screen check Draft IS/EA, (electronically to RCTC and Caltrans) " Draft IS/EA (1) (Generalist and Functional Units review), Comments/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to ROTC, eight copies to Caltrans; two with figures printed and six with Figures on CD only) " Draft IS/EA (2) (Generalist and Functional Units review), Comment/Response Matrix, External QC Form, Environmental Document Review Checklist (electronically to RCTC, eight copies to Caltrans; two with figures printed and six with Figures on CD only) " Draft 1S/EA (3) (Generalist and Functional Units review and concurrence and NEPA QC review), Comments/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTC, eight copies to Ca!trans; two with figures printed and six with Figures on CD only) " Draft IS/EA (4) (NEPA QC concurrence), Comments/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTC, eight copies to Caltrans; two with figures printed and six with Figures on CD only) " Draft IS/EA (final) (Final review and signature), Comments/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTC, eight copies to Caltrans; two with figures printed and six with Figures on CD only) Assumptions Cumulative impacts assessments will be prepared for each applicable environmental resource. These analyses will be presented in each technical section of the Draft IS/EA, as appropriate, and will follow Caltrans SER guidance for cumulative impact analysis. 165.25.10 Section 4(f) Evaluation Review of existing data revealed several parks, schools, potentially historical areas, and natural areas that may be afforded protection under Section 4(f). The evaluation to determine the possible project use of such facilities (outlined below) will be documented in a Section 4(f) Evaluation that will be included as a section or appendix of the Draft and Final IS/EA. Identification of Potential Section 4(f) Resources  Available technical and public documents will be reviewed to identify parks, recreation areas, and other resources in the overall project study area that might qualify as Section 4(f) resources. Existing and proposed publicly -owned parks and recreation areas, trails, public schools, wildlife refuges, and conservation areas in the study area will be mapped on the project base maps. These resources will be identified from existing database, including Thomas Brothers maps, school district Web sites, public agency (federal, state, regional, and local) land use plans and Web sites, and other available data sources. Preparation of the Draft Section 4(f) Evaluation  We will identify the existing and proposed Section 4(f) resources within 1,000 feet of the project limits for the project alternative. The list of potential Section 4(f) resources will be reviewed with Caltrans staff to obtain agreement in the Section 4(f) designations, For each resource within the study area/APE and determined to be a Section 4(f) resource, the following information will be provided in text, maps, and tables as appropriate: " Detailed maps showing the resource and the proposed project " Size of the resource, in acres " Address/location of the resource RCTC: 1-15 Corridor Improvement Project Page 44 of 50 Scope of Work " Owner/operator of the resource " Type of Section 4(f) resource " Activities or functions of the resource " Existing and planned facilities (sports fields, parking, picnic areas, restrooms, trails, etc.) " Access to resource (vehicular and pedestrian) " Any conditions affecting the facility ownership (leases, easements, covenants, restrictions, conditions) " Section 6(f) involvement (Land and Water Conservation Fund investment), if applicable The identified Section 4(f) resources will be evaluated to assess whether the proposed project alternatives would result in the permanent direct use (or take) of property from those resources. Direct use impact will be calculated by overlaying the anticipated footprints/rights-of-way limits on project GIS mapping. The facilities and functions on that Section 4(f) property that would be affected by the acquisition will be described. Based on this analysis, the potential for proposed project alternatives to result in constructive use impacts will be determined. Measures to avoid, minimize, and/or reduce identified use of the proposed project alternatives on Section 4(f) resources will be developed based on the anticipated impacts, the potential measures to avoid, minimize, and/or mitigate those impacts based on other technical studies done for the project, and measures developed as part of this Section 4(f) evaluation. Avoidance alternatives will be developed for each affected Section 4(f) resource. This will include evaluation as to whether the avoidance alternative is prudent and feasible. The results of the Section 4(f) evaluation will be documented in a Section 4(f) Statement which will be a section or appendix of the IS/EA. Section 4(f) Consultation and Coordination  We will coordinate with the owner/managers of the Section 4(f) resources. Coordination will be conducted under the client's leadership and approval. The coordination will be conducted to meet Section 4(f) consultation requirements, specifically to obtain written documentation from the owners/managers regarding their understanding of the proposed impacts to the Section 4(f) resource. Letters from owners/managers will be included in the Section 4(f) Evaluation. Coordination will be conducted individually and informally with resource owner/managers. We will maintain records of conversations and meetings documenting the consultation process. Assumptions " Up to 20 potential Section 4(f) resources will be evaluated. " Information from the Section 106 review will be used to determine if there are any historical and/or archaeological resources that are also determined to be Section 4(f) resources. This information will be provided by the cultural resources team members to the Section 4(f) team members. Up to 3 of the 20 Section 4(f) resources evaluated are assumed to be Section 106 resources. RCTC: 1-15 Corridor Improvement Project Page 45 of 50 Scope of Work " Where "No Effect" and "No Adverse Effect" determinations are made through the Section 106 review process, the de minimis process will be used. These resources will be excluded from the formal Section 4(f) evaluation, Deliverables: Draft Section 4(f) Evaluation. 165.25.30 Environmental Coordination We will manage preparation of project -specific environmental resources, schedules, and information and will coordinate and review all technical environmental studies prior to inclusion in the IS/EA. We will manage the coordination with Caltrans environmental leader and staff for all technical reports and environmental related meetings. Coordination with Caltrans to obtain approval to circulate the IS/EA is also included in this task. Deliverables: Establish and maintain schedule of environmental technical studies and environmental document review. Provide notes from meeting with Caltrans environmental staff. 175 CIRCULATE DED, HOLD PUBLIC HEARING, AND RESPOND TO COMMENTS 175.05 DED Circulation As part of the overall public outreach efforts, we will prepare a distribution list for the Draft IS/EA and will prepare the draft Notice of Completion (NOC). We will distribute the NOC and Draft IS/EA. The Draft IS/EA distribution list will be based on the mailing list in the SER and updated as appropriate based on correspondence received during preparation of the Draft IS/EA. We will reproduce the Draft IS/EA and Technical Studies for public circulation via three media: 1) hard copy, 2) CD and 3) PDF format for uploading to the Web. 175.05.05 Master Distribution and Invitation Lists Update the project's existing mailing list and prepare the distribution list for all interested individuals, groups, and governmental agencies. Guidance: Standard Environmental Reference (SER)  Environmental Handbook Vol. 1, Chapter 37 175.05.10 Notices Regarding Public Hearing and Availability of Draft Environmental Document This includes all efforts required to prepare and issue a Notice of Availability for the Draft IS/EA and mail notifications of the public hearing. Guidance: Standard Environmental Reference (SER)  Environmental Handbook, Vol. 1, Chapter 37 (Joint Document Preparation and Processing); Project Development Procedures Manual (PDPM), Chapter 11, All Sections. RCTC: 1-15 Corridor improvement Project Page 46 of 50 Scope of Work 175.05.15 DED Publication and Circulation We will prepare a combined Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Public Hearing Notice (NOIIPHN) in accordance with Caltrans requirements for publication in a newspaper of local circulation (both English and Spanish), for posting at the Riverside County Clerk's office, and for distribution to anyone who has filed a written request with RCTC or Caltrans. A draft notice will be provided to RCTC and Caltrans for concurrent review. Upon receipt of comments from RCTC and Caltrans a final notice will be prepared and provided to RCTC and Caltrans. It is assumed that we will coordinate publication of the notice with the appropriate newspapers and that RCTC will pay the newspapers directly for the publication of the notices. It is assumed that the technical studies will not be included in the availability but copies will be available electronically if requested by anyone during the public availability period. Hardcopies of the document and NOUPHN will be provided to the availability locations (Caltrans, RCTC, City Halls, and libraries), CDs containing the document and a hard copy of the NOUPHN will be provided to other agencies and officials included on the distribution list (and anyone else who specifically requests a copy of the document), and a copy of the NOUPHN will be provided to property owners and residences within a 500-foot radius of the proposed project, using the list described under 175.05.05. It is assumed that all mailings will be sent by U.S. Mail and will not need to be sent with any special services (return receipt, certified mail, etc.). Deliverables: • Draft and Final NOAIPHN and NOC • Final NOUPHN (800 copies) Draft and Final Notice of Completion & Environmental Document Transmittal • Draft IS/EA Printing (20 hard copies and 80 CDs) • Publication of NOIIPHN in the Riverside Press Enterprise and a Spanish language newspaper, as identified by RCTC (to be paid directly to newspapers by RCTC). 175.10 Public Hearing We will coordinate and attend one open -house style public hearings during the public review period for the Draft IS/EA. We will provide the following services: • Prepare a public notice for publication in two newspapers, the Riverside Press Enterprise and a Spanish language newspaper. • Submit the newspaper notices for publication twice in each newspaper (total of four times) • Prepare a brief handout describing the project and the environmental impacts • Prepare a PowerPoint presentation (10 to 15 slides) on the proposed project and project impacts • Prepare sign -in sheets and comment cards • Assist with the public hearing including provision of a court reporter and bilingual (English/Spanish) staff • Prepare a written Record of Public Hearing • Prepare draft and final 30" x 40" display boards (up to 10) RCTC: 1-15 Corridor Improvement Project Page 47 of 50 Scope of Work Del iverables: • Draft and Final PowerPoint presentations (electronic submittals to the RCTC) • Draft and Final newspaper notices (electronic submittals to the RCTC and the newspapers) • Draft handouts for the public hearing (electronic submittals to the RCTC) • Final handouts for the public hearing (150 hard copies of the handout; one hard set of the display materials) • Draft and Final display boards • Draft and Final summary of the meeting including verbal comments received at the public hearing (electronic submittals to the RCTC) 175.15 Public Comment Responses and Correspondence At the close of the public availability period for the Draft IS/EA, we will review all comments received and will prepare responses to all comments received. The comments will be responded to and incorporated directly into the Final IS/EA. Deliverables: Response to Comments (to be included and reviewed with the Final IS/EA). 175.99 Final Air Quality Conformity Analysis Report & Noise Abatement Decision Report (NADR) 175.99.01 Air Quality Conformity Analysis Report We will prepare an Air Quality Conformity Analysis Report in accordance with Caltrans SER, EH Vol 1, Chapter 11. Deliverables: Final Air Quality Conformity Analysis Report. 175.99.02 Final Noise Abatement Decision Report (NADR) Preliminary noise wall locations were determined but no other work on the NADR was completed for the original project. The Final Noise Abatement Decision Report (NADR) presents the noise abatement decision as defined in the Caltrans Traffic Noise Analysis Protocol (Protocol) for the 1-15 CIP project. The report will document whether noise abatement is feasible and reasonable at each proposed noise abatement location and whether abatement is recommended or not recommended. Deliverables: Final NADR Report. 180 PREPARE AND APPROVE PROJECT REPORT (PR) & FINAL ENVIRONMENTAL DOCUMENT (ED) 180.05 Final Project Report (PR) 180.05.05 Updated Draft Project Report (PR) Upon completion of the Response to Comments on the Environmental Document, the Draft Project Report will be updated to reflect any changes to the project that resulted from the public review and comment period. A Draft Final Project Report will be RCTC: 1-15 Corridor Improvement Project Page 48 of 50 Scope of Work submitted to RCTC and Caltrans for review and comment. Following receipt of one consolidated set of comments, a comment review workshop will be held with the respondents to review their comments and provide appropriate responses. A Final Project Report will be prepared and submitted for review and approval. Deliverables: Draft and Final Project Report. 180.05.10 Approved Project Report Once the Final Project Report has been submitted for review and approval, the project manager or his designee will work with RCTC and Caltrans to obtain the appropriate signatures. If issues or questions arise during the approval phase, the HDR team will work with RCTC and/or Caltrans staff to answer any remaining questions, provide additional information, and obtain signatures as appropriate. Up to three (3) submittals (two review cycles) of the Final Project Report are anticipated. Deliverables: Signed Project Report. 180.05.15 Updated Storm Water Data Report The Storm Water Data Report will be reviewed for consistency with current requirements and updated to incorporate necessary changes for the single TEL build alternative only. Current Project Report level requirements are anticipated for this effort. Up to three submittals (two review cycles) are anticipated. Deliverables: Updated Storm Water Data Report. 180.05.20 Geometric Approval Drawings (GAD) for TEL in Median We will prepare geometric approval drawings (GAD) at a scale of 1" = 100' in accordance with Caltrans plan preparation criteria for GAD for the TEL build alternative. The GAD will include existing topographic and planimetric mapping, approximate right- of-way acquisition lines (if necessary), center lines, calculated geometric layouts, and typical sections, We will design local roadway geometry including horizontal and vertical geometry for ramps, connectors and cross streets, including profile and superelevation diagrams. Profiles or superelevation diagrams will not be provided for mainline median paving or outside widening since the project assumes projected plane paving. Mainline design will be based on aerial topographic mapping and record drawing information. Conceptual grading using 1:2 or 1:4 slopes will be developed to establish preliminary right-of-way limits. Typical cross sections will be prepared to illustrate lane and shoulders in the lane configurations and other basic cross sectional data. Geometric Approval Drawings will be prepared according to Caltrans District 8 GAD guidelines with the intent of establishing an approved scope relative to geometric project features and the ability to move directly to the base maps required for PS&E. This effort provides equivalent detail to PS&E requirements for Cross Sections, Layouts, Profiles, and Superelevation Diagrams. Additional detail will be provided indicating pavement delineation, truck turning radii, and traffic volumes. Preliminary right-of-way requirements will also be incorporated (if necessary). Approval will be RCTC: 1-15 Corridor Improvement Project Page 49 of 50 Scope of Work obtained from Caltrans Offices of Traffic Operations and Design, and HQ Geometric Reviewer. Up to Three (3) submittals (two review cycles) of the GADS are anticipated. Deliverables: Geometric Approval Drawings. 180.10 Final Environmental Document (ED) 180.10.05 Final Environmental Document (ED) We will prepare a Screencheck Final IS/EA that includes public comments on the Draft IS/EA and responses on environmental issues raised in the comments. Each submittal to Caltrans will include the External Quality Control (QC) form and Environmental Document Checklist. To reduce iterations of the document, we will conduct a revision workshop with RCTC and Caltrans to facilitate reviews. Deliverables: • Screencheck Final IS/EA (Electronically to RCTCIHDR) • Draft Final IS/EA (1) (Generalist and Functional Units review), External QC form, • Environmental Document Review Checklist (electronically to RCTCIHDR, eight copies to Caltrans; two with figures printed and six with Figures on CD only) • Draft Final IS/EA (2) (Generalist and Functional Units review and concurrence and NAPA QC review), Comment/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTCIHDR, eight copies to Caltrans; two with figures printed and six with Figures on CD only) • Draft Final 1SIEA (3) (NEPA QC concurrence), Comment/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTCIHDR, eight copies to Caltrans; two with figures printed and six with Figures on CD only) • Final IS/EA (Final review and signature), Comment/Response Matrix, External QC form, Environmental Document Review Checklist (electronically to RCTCIHDR, eight copies to Caltrans; two with figures printed and six with Figures on CD only) 180.10.05.15 Section 4(f) Evaluation The Section 4(f) Evaluation will be revised to incorporate comments as needed. Deliverables: Final Section 4(f) Evaluation. 180.15.10 Notice of Determination (CEQA) We will prepare a Notice of Determination (NOD) in compliance with CEQA for filing with the State Clearinghouse. The NOD would also be posted with the Riverside County Clerk. The NOD will be prepared once Caltrans certifies the 1S/EA, adopts the ECR, and approves the project. This notice starts a statute of limitation period under CEQA. A Caltrans NOD format will be used, if available. If no format is available, the NOD will follow the format that is provided on the State Clearinghouse website. Along with the NOD, a California Department of Fish and Wildlife (CDFW) filing fee would also be filed. It is assumed that the filing fee will be paid directly by RCTC. Deliverables: Two hard copies and one electronic copy of NOD. RCTC: 1-15 Corridor Improvement Project Page 50 of 50 Scope of Work EXHIBIT "B" SCHEDULE OF SERVICES [Attached behind this page] Exhibit "B" 17336.02101\7903113.10 1-15 CIP CAJALCO TO SR-60 (PAIED PHASE) 08-RIV-15 PM 36.80 to PM 51.36 EA OJO800 Project Delivery Schedule Task/Description Milestone Date Commission Approval of Re-scoped Project (PAIED Phase) 02/01/13 Geometric Plans for TEL Build Alternative 10/09/13 Traffic Forecast Volumes 09/25/13 Complete Technical Studies 4/30/14 Draft Environmental Document 12/10/14 Draft Project Report Approval 12/10/14 Begin Circulation of DED 12/18/14 End Circulation of DED 01/20/15 District Approves Project Report, Final IS/EA/MND/FONSI 11/04/15 Federal Register Statute of Limitations Notice to FHWA 11/05/15 Notice of Determination Approval of Final IS/MND 11/11/15 EXHIBIT "C" COMPENSATION [Attached behind this page] Exhibit "C" 17336.02101\7903113.10 899`179 $ bZb'SL£ $ TOUT $ SSb`L£b $ ITL'ZT8`i $ L96'6ZL`T $ S6e9Sb'S $ bTT`S901n$ 1e1.01 9£0'1717 $ TLE'LV $ 81717'017T $ 1758'TEZ $ uoneleas3 %t, 005'T $ 005'LS - $ 005'09 $ 0L0'ES $ 9LL'8TZ $ 0££`ST $ 8TVELE $ 66L'6LL $ s s0D;.7a.lta --- 08T _ SZT - - S9T ._.-..._.-_..-- - $ $ $ - $�T88'85T -$ OL£'OLI $ SEL'LLS $ 986'906 $ (133);uaturpoa Ie;uauluoi!nu3 mum pue (ad) }rodab paioid anoAddy pue andaid - $ STZ'8b $ $ ZOb'b $ £09'L8 $ OST'EE $ OSO`Z6 $ OZVS9Z $ S;uaLLMO, o; puodsoa pue'6upeaH allQnd Mil 'COG a;elnND T - $ L617`601 $ ££9'66 $ TZVI' $ 00Z'986 $ I7£9'01,T $ E88'£88 $ 89Z'TBT`Z $ a3 74eaa anda.td pue salpn;s le;uatuuoalnu3 tamped Z6T'TS $ - $ 8S6'LL $ 9SE`TTE $ $ 8S£`S60'T $ 9ZT'SIWZ $ 066'089'£ $ vodati;aafoid'Pia pue salmis 6upaeu16u3 1Ueulumaid 111.10p3d 09T - 9L6'iT $ £1Z'09T $ - $ 60Z'L5 $ 91Z'LT£ $ bSL'LZZ $ SEb'bbZ`T $ £08'8T0'Z $ ;uauodtuoD anvd-;uowe6euew Pafoad 00T $ $ $ $ $ $ $ I.): air 3 o p, W 0 H C _ 3 3ft co ` n '^ m o y o $ Idol uor;dlaasaa �Isel aun unop ouipaeung ues o} peon (mefeD) ROTC Preliminary Engineering Environmental Services I-15 Corridor - From the San Bernardino County Line to Cajaico Road Contract Amendment 20 Environmental Studies and Preliminary Engineering 100.10.10 100.10.10.1 100.10.10.2 100.10.10.3 ............................... 100.10.10.4 100.10.10.4.1 Task Description Hours Project Management - PA&ED Component Project Management - PA&ED Component PA&ED Initiation & Planning............................................................_._...... PA&ED ............. Component Execution and Control Project. Scheduling Project. Guide/Communications Plan/Risk Mgmt/Proj Fact Sht Monthly Progress Reports/Invoices MonthlyPDT Meetings....................................................................................... ......................... PDT Agenda & Meeting Minutes Monthly "Trend" Meetings Trend Meeting Agenda & Meeting Minutes Quality Assurance(QA)_Progrem..-........................................................ QA/QC Independent Third Party Review Design, Create And Administer Public Outreach Web Page Electronic Document Control (ProjectWise) PA&ED Component Close -Out Updated Administrative Record during PA&ED Preliminary Activities - Project Management Subtotal Perform Preliminary Engineering Studies and Draft ProjectReport ............................................................................................ Update Project Information............................................................................. Engineering Studies Traffic Forecasts/Modeling Geometric Plans (Concept Roll Plots & Plan Sheets) Prepare Construction Staging Concept Plans ................. ValueAnalysis.,-........................................................................................................ .........._...... Hydraulics/Hydrology Studies..................................................................... Drainage Concept Plans.................................................................................. Storm Water Data Report(SWDR)............................................................... Origin & Destination Data Collection & Processing Traffic VISSIM Modeling Analysis Traffic Operational Analysis....................................__.................................... ........................................................................... Toll & Operational Design and Review Updated Right Of Way Data Sheets Determine Right of Way. Requirements Utility Locations Determined For Preliminary Engineering Railroad Study Parkand Ride Study........................................................................................... ............................... 0Traffic Studies Report......................................_.................._....................._..... Updated Geotechnical Information ................................................................................................... Structures Advanced Planning Study (APS) Updated Structures Preliminary Geotechnical Report (SPGR) High Occupancy Vehicle Report (HOV).................... .................._..... ...................................................... Updated Preliminary Transportation Management Plan (TMP) Perform Constructability Analysis Prepare Cost Estimates Prepare Concept Geo Fact Sht for Exceptions to Design Stds Prepare Draft. Engineering Project Report (PR) Circulate, Review and Approve Draft Engineering Report Maps for Environmental Studies Create and Maintain GIS Database _,.. Obtain Rights of Entry for Environmental Studies 160 ....................... 160.05 ....................... 160.10 160.10.10 160.10.15 160.10.16 ....................... 160.10.20 ....................... 160.10.25 ....................... 160.10.26 160.10.27 160.10.31 ....................... 160.10.32 ....................... 160.10.35 160.10.36 160.10.40 160.10.41 160.10.45 160.10.50 160.15.10 166.15.20 160.15.25 160.30.05 160.30.10.1 160.30.15 Preliminary Engineering & &rattPR Subtotal G z 532 484 356 1134 5% 126 574 338 416 456 92. 396 220 320 5240 D 52 1820 609 318 614 742 726 6o8 112 536 V Y 8 0 0. 36 0 0 a a u M 652 64 64 264 132 �za 120 20 28 0 0 0 0 160 °.. 24 284 32 0... 0 32 100 100 _0. 60 0. 0. 0., 0. 0 Q u m R 174 300 348 300 132 0 132 0 186 0 0 0 0 0 c 0 cOI 'lu a a 0 0 0 0 0 0 a 0 0 0 0 0 D [a i 404 0... 0 108 120 29. 220 24 120 961 0 '0 72 1,804 324 1,372 0 1,48i 56 a 0 0 0 0 0 0 0 a 0 0 110 124 116 20 142 ns 84 794 147 118 132 156 384 1056 1401 319 814 308 182 12,717 4... °... 276 0 0 a 0 0 0 0 352 ,........ 112 0 0 0 a a 0, 0 p .a 0 0 0 0... 0... 4.. 0 32, 12 832 16 0 0 0 336 0 0 0 0 0 0... 0... 912 0 0. 168 176 a o. o. a. a. 0. 0. 0. 2,612 156 0 2640 560 20 0 1480 920 0 0 o... a... o... 194„ 252 94 0 0 1454 a... 180 too 520 750 a.. a. 9. 0 9,350 0 o.... 0.... 0.... 0„ 0 0.. 0.., 0 0.., o.. 0.. 0.. 188 0.. 406 ..a„. 594 a 0 0 0 Or 0 0 .a a 0 0 0 a. 0 0 0 0 0 0 0 a 0 0 0 0 0 HEN Engineering, Inc. 1 5/13/2013 RCTC Preliminary Engineering Environmental Services I-15 Corridor • From the San Bernardino County Line to Cajaico Road Contract Amendment 2D HDR Environmental Studies and Preliminary Engineering Task Description pa S vat Q V M ra m iK 0 R n m 165 165.03.01 165.05.10 165.05.10.01 165.05.10.02 165.0510.03 ................. 165.10 165 10.15 165.10.20 165.10.25 165.10.25.20.09 ..................................... 165.10.25.20.10 ....................... 165.10.30 ....................... 165.10.35 165.10.45 165.10.60 165.10.65 165,10.75 ....................... 165.10.80 165.10.85 165.10.85.01 ................ 165.15 165.15.15 ................ 165.20 ................ 165.25 165.25.10 ...................... 165.25.30 Perform Environmental Studies and Prepare Draft ED Prepare Draft Project Description and Purpose and Need 124 0 24 0 0 0 0 Perform Public, Agency and Community »Outreach Stakeholder Advisory Committee Meetings (up to 6 total) 288 ,o96 .,,,,,,,,,,,,•,,,,_56,1s8. P........._......... 338 Public Information Meeting (1..total).............$6.......................0.....................4.....................8._..................55.....................0......._.........._266 Community Outreach (34 total) 248 0 80 8._... 400926 Perform General Environmental Studies .................................................................................................................................__ . Community Impact Analysis, Land Use, & Growth. Studies. (CIA)...............4.58.........................................._4._......................................._8......................9......_.._.........._4.......... Visual Impact Assessment & Scenic Resource Evaluation (VIA) ?tr!...................... o,,,•„_,,,•46.................... P....................._9............................................0......... Noise Study, Wall Design, Draft NADR „.,720 a 2356 0 0 0 0 Public Information Meetings for Noise Walls 108 o 0 00......................8......................8.......... PublicVoting on Noise Walls 36......».............8......................0....................._4......................a....................°...................._°...._.... Air Quality Study 38.......................9............._......49?.......... 0 .Q............._....... o ................_..9......._. 00 WaterQuality Studies 539......................844 ..........................................4....................3.................._0.................................. SummaryOf Geotechnical Report .356 ..._............... 0.................._9....................._4.................,»......................4....................._4.......... .............................................................................................. Location Hydraulic and Floodplain Study Reports 276 0 8........._..._......Q_..................526 0 4.......... PaleontologyStudy 8 0 164 ....................0....................._0..._...._,..........0....................._4........... Environmental Commitments Record(ECR)..................._....................................._..._12.......................4.....................23.....................0.....................°........_............0.........._...........0 ...... ....................................................................... ........... Updated Hazardous Waste Initial Site Assessment(ISA)......_..._........................16.......................°......................8...........................................p......................4.4................................ Preliminary Site Investigations (PSI) Asbestos lead Paint Removal 50 0 8........................_....................................190...................0 Biological Studies 376 ,0 1306 0 0 0 0 Resource Agency Permit Related Coordination 48 a .................... 84...................._.......................0..............._..., o..................... 0 .......................................................................................................................................................................................... CulturalResource Studies........................................................................._....».................12.......................0.....................77.8................._4.......................8.....................0.......................0 .............................................................. Draft Environmental Document ..........................._408......................0_.................2230........ 8..........._6..................._0......................0 Section 4(f) Evaluation Environmental Coordination 200 0 0 0 0 a 0 Environmental Studies & Draft Environmental Document Subtotal 175 175.05 .................... 175.05.05 175.05.10 175.05.15 175.10 175.10.10 175.10.15 175.10.20 175.10.35 ....................... 175.10.40 175.15 175.99 ..................... 175.99,01 i75:53.02 Circulate DED, Hold Public Hearing, and Respond to Comments DED Circulation .............................._.... ._............ Master Distribution and Invitation Lists _ Notices Regarding Public Hearing and Availability ........... bility OF Draft Environmental Document .......................................................................................................................................... DED Publication and Circulation Public Hearing ..................................................................................................................................... Public Hearing Logistics Displays for Public Hearing Second Notices of Public Hearing. and, Availability, of. DED.,.._.,. Public Hearing Meeting Record of Public Hearing ........ ... Public Comment Responses and Correspondence Final Air Quality Conformity Analysis & NADR Final Air Quality Conformity Analysis Report Final' Noise Abatement Decision Report (NATi'iY)' Draft Environmental Document Subtotal 180 180.05 180.05.05 180.05.10 180.05.15 1E30.05.20 .............................. 180.10 ............................. 180.10.05 .............................. 180.10.05.15 .............................. 180.15,10 5305 a 26 0 20 0 58 156 9 42 8 52 0 $.. 104 478 0 0 0 0 0 0 0 0 0 0 0 0 0 7842 71 1112 534 32 0 0 0 98.................... _0..................._ 0...................._a. a 0 a 0 ................................................................................ .................._.........................0...................... 0. 24........_........... 4.....................22..................... 0. 24._....................................._222_.......,........._0. 24..................... 0.......... 0 0. .. ........... ....._28......... 0 .°...................... n 390.4...._...............00.......................80 0....................... 0.� ._ ao .................__a......................8...,.............,.. 14 0 0 0 ase 12 280 0 1030 108 0 0. 194 0 0 208 o. 0 0 0 a.. 510 Prepare and Approve Project Report (PR) and Final Environmental Document (ED) Final Project Report Updated Draft Project Report(PR)...........»........................_................. Approved Project Report Updated Storm Water Data Report ....................................._..........._. Geometric Approval Drawings (GAD) for TEL in Median Final Environmental Document Final Environmental Document (ED) Section 4(f) Evaluation Notice of Determination (CEQA) Approve PR and Final Environmental Document Subtotal Primary Activities Subtotal 0„ 520_, 226 892 1448 256 86 0 3428 28,178 0 0 0 0 0 0 0 0 0 408 4..................._0...................... 0._..................._0. ....._................................._300....._.............0 o....................._._.............,.................._..... u ......................................._200.................... 0 0 0 920 _._ -- 0 1099.. _.._.........._4...................... fl...................... 0, ...._..............._0.................._4...................... 0 4 0 0 0 1156 0 1460 0 11,460 3,020 13,594 1,128 0 a 0 6 3,-021 HDR Engineering, Inc. 2 5/13/7013 EXHIBIT "2A" [Attached behind this page] Exhibit "2A" 17336.02101\7903113.10 ONE CO\dPANY'Many San/Ions Subject: 1-15 Corridor Improvement Project Riverside County Transportation Commission Contract No. 08-31-059-00 Amendment No. 2A Prepared by: Dave Anderson Date: August 28, 2012 A. General Information Title, Description, and Estimate of Cost: Title: Amendment 2A Description: Proposal scope and fee for additional services related to incremental traffic modeling of the I-15 / SR-91 IC and complimentary visual simulation to illustrate the evolution from the existing IC, to SR-91 CIP IC, and to I-15 TEL as part of the feasibility study. $93,452.00 Estimate of Cost: Reason for Request: Per the request of RCTC, the HDR team will perform incremental assessment of traffic modeling from the existing condition of 1-15 at SR-91 IC, depict incremental improvements of SR-91 CIP in 2017 at the freeway to freeway IC, and finally the addition of TEL on 1-15 in 2020 at the IC. Scheduled Start and Completion Date: Work on the model and visualization started in July 2012 and is currently scheduled for completion in September 2012. Primary Related Tasks: • Create a Vissim model to depict Level of Service and Speed assessments for the existing condition, 2017 with SR-91 CIP, and 2020 with I-15 TEL improvements. only. • Visualization of the traffic models for exiting year conditions, 2017 SR-91 CIP opening year conditions based on existing modeling, and Iastly develop a final visualization of the incremental improvement and traffic movements with the opening of I-15 TEL in 2020. B. Cost Data See Attached Fee Proposals C. Terms and Conditions All other terms and conditions in the originally executed agreement dated April 28, 2008 remain unchanged by this amendment. Submitted By: Thones T. Kw, P.E. Senior Ike President, HDR Engineering, Inc. HDR Engineering, inc. 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EE'NM _ pea utPett YON 69'Bf sZ'95 L9YS - !Taff Z6LJ ST'9ff (9aZJ _ STZLf 1,6'HS 68'LZf %OT 0)-410/d 001-SS °Fast faro zoos OW 69'653 90'9Z11 (SUS S61SES 1171S9fS SCOST 3P.P.° 2.51£f SIZa 0SSZ5 0070 0600 08791 ea0P1 06'LOJ 1716S LFWIS .Vrx $ S.1H $ •vH $ sIH $ EJH $ sIN $ 514 $ sIH $ 541, $ vH $ sIH it. 51 3^ .. $ p p D;< e m m is"'� i.' o 3 m ill Sn vo@@. m -- mn ti °` 3 u: iw v m a k0.A a a $1001 sn.H 1.1.1 u0ldasa0 stSel Ise! sa�p1ITS 1ewawuopnu3-brill VZ Tllawpuawq Paf7a1113 STZ-I oT aul-E 6Tunoa oulpfeme0 ueg alµ Suoi j - ST-I suDiuleS Iefuaufuo.0Au3 6upaau1603 keuiusguid D.uu August 28, 2012 1-15 CORRIDOR IMPROVEMENT PROJECT SCOPE OF WORK AMENDMENT NO. 2A This document describes the amendment to scope of work for the preliminary engineering associated with the Toll Feasibility Study component of the Interstate 15 (I- 15) Corridor Improvement Project which will provide graphics for the assessment of the operational elements of the 1-15 / SR-91 Freeway Interchange. 160.10.10 Traffic Analysis (Vissim) Background: The following tasks and estimated hours reflect development of a system to system traffic simulation model. The model will be developed with the latest version of VISSIM, a widely used national and international software platform distributed by PTV. This traffic simulation model will use the traffic 'demand' (from the traffic volumes from the previous models/studies in the immediate vicinity) to determine traffic operational characteristics of the modeled roadways. The main goal of developing an existing model is to determine parameter settings within VISSIM that will accurately simulate existing conditions so that future models can replicate future traffic conditions. The model would require additional refinement to more current counts and traffic conditions if used in a federal documentation effort. The traffic volumes and calibrated conditions in the previously developed Paramics model from SR-91 CIP should provide sufficient detail to evaluate and compare the operations for the purposes of this study. The graphical model will show existing conditions, 2017 after the SR-91 CIP is built, and 2020 after 1-15 CIP TEL lanes are built. Additional model runs will be made to demonstrate effectiveness of early traffic congestion relief improvements as part of the SR-91 CIP scenarios. The model will be developed to reflect the peak AM and PM period corresponding to the period analyzed in the existing Paramics model. The model will include the 1-15 / SR-91 Interchange in addition to the following adjacent interchanges. • Hidden Valley Parkway • Magnolia Avenue " E Ontario Avenue " S Main Street The following outlines the Tasks for the Traffic Simulation Modeling effort. 1.1 Coordination Meetings with RCTC Coordination meetings will be held with RCTC staff to identify the correct assumptions are been made and the previous data and models are correct and that the approach and schedule are acceptable to all the parties involved. 1.2 Existing Resource Data Collection Collection of the following traffic information: " Existing Paramics model " Existing Caltrans freeway volumes 1.3 Existing Model Development This task consists of replicating the existing roadway network in VISSIM to match the field geometric conditions for one the peak period. 1.4 Error Checking and Vehicle Routing: This task consists of testing the model with abstract volumes to remove all errors that may have occurred during the coding process. This is a time saving step that eliminates errors from causing possible false calibration, An origin -destination (OD) matrix will be created using the existing traffic counts. Using an OD approach allows the model to replicate the lane utilization as it operates in the field. 1.5 Model Validation and Calibration: Modify VISSIM network parameters including vehicle and driver behaviors to ensure that the model is calibrated to current year conditions in the AM and PM peak hours and is validated for future condition use. " Error Checking o Overall network error checking o Specific error checking for new access points, where it will not be possible to record traffic volumes or travel times for calibration. " Volume validation o Calculate average volumes for key locations within the project for each time interval o Graphically compare simulated volumes and field collected volumes o Ensure that simulated volumes and recorded field volumes are within 10% tolerance limits " Calibration to Paramics model o The model will be calibrated to match visual queue lengths (provided by the client) in the AM and PM peak hours o Calculate simulated average speeds (and/or) travel times and compare to those collected in the field (provided by client) for key sections within the project Ensure that simulated and recorded field speeds (and/or) travel times are within 20% tolerance limits 1.6 Horizon Year Model Development: Using the calibrated and validated existing model, modify AM and PM peak hour traffic volumes to incorporate future projected volumes creating a future no -build scenario. Using the future no -build model, VISSiM models will be developed for: 2017 after the SR-91 GIP model, 2020 after the 1-15 CIP model, and two additional incremental operation improvement considerations for the SR 91 CIP model. These will be based on the roadway/operational scenarios yet to be discussed with the client, 1,7 Post Processing: Existing Measures of Effectiveness (MOEs) will be extracted from the model. individual turning -movement volumes, travel times for priority movements, freeway link speeds/densities and Level of Service will be analyzed. Ten model runs will be made for the each peak period and then averaged. 1.8 Documentation: The model assumptions, data parameters, validation statistics and MOEs will be documented in a technical memorandum. The technical memo will also contain calibration information, and steps taken to validate the model. The technical memo will also include the post processed output for each of the improvement operational scenario models. 1.9 Project Management: HDR will facilitate project meetings, draft project correspondence, maintain secure and comprehensive project files and provide assistance in demonstrating the model to ROTC. 160.10.35 Traffic Operations Analysis (Graphics) The following activities reflect development of animations that present the results of the traffic simulation modeling effort in a true 3D environment. The animations will be developed with the latest version of Autodesk 3D Studio Max. HDR Visualization Group will input the HDR Traffic Groups micro -simulation results. The main goal of developing an animation is to provide site context and more effective graphics for interpretation of micro -simulation results. Activities: • Project Management o QAQC o Storyboarding • 3D Modeling/Animation o Data gathering and 3D model development o Preliminary Animation o Integration of traffic volumes into 3D software • Video Composition Deliverables: • One (1) draft animation storyboard as PDF file. • One (1) final animation storyboard as PDF file. • Three (3) draft unique condition animations as Windows.wmv file. • Three (3) final unique condition animations as Windows.wmv file. ® One (1) draft master animation compilation as Windows.wmv file. • One (1) final master animation compilation as Windows.wmv file. Schedule: • Notice to Proceed • Draft storyboard August 10, 2012 • Final storyboard August 24, 2012 • Draft unique condition animations August 20, 2012 • Draft master animation compilation August 20, 2012 • Final unique condition animations August 31, 2012 • Final master animation compilation August 31, 2012 Key Understandings: • Animations will contain 3D geometry and traffic volumes for existing conditions, 2017 after the SR-91 CIP is built, and 2020 after 1-15 CIP TEL lanes are built. Each of the three conditions will be animated separately. These will be delivered as separate animation video files, as well as included in a single master compilation. • The animations will only reflect one peak (AM or PM) condition for each of the three time periods. • The extents of the 3D model geometry in the animation will include the 1-15 ! SR- 91 Interchange, South to Magnolia Ave (but not Magnolia Ave interchange) and West to Main Street (but not Main Street interchange). • 3D modeling will be performed to scale with the latest available design information but is intended to be conceptual in nature for further analysis, interpretation, and communication of the micro -simulation results to a broader audience. • HDR will provide design data in its possession to the Visualization Group. ® All other design data will be provided by RCTC and/or other sub -contractors. ® Some design data is 2D and migration to 3D will be performed to the best level of accuracy possible with supplied information. • Due to dynamic nature of some design improvements, animation will not contain all roadway elements and details but will provide the base for analyzing VISSIM results. • All work will be performed in 2012. • Comments to all draft deliverables will be returned to HDR within five (5) working days in order to meet schedule. EXHIBIT "2B" [Attached behind this page] Exhibit "26" 17336.02101\7903113.10 ONE COMPANY I Many Solutions Subject: I-15 Corridor Improvement Project Riverside County Transportation Commission Contraet No. 08-31-059-00 Amendment No. 2B Prepared by: Dave Anderson Date: August 28, 2012 A. General Information Title, Description, and Estimate of Cost: Title: Amendment 2B Description: Adjustments in approved overhead to allow billing at new audited FAR rates. Estimate of Cost: No Cost. Reason for Request: To amend the approved overhead rates for HDR and its subconsultants as allowed per the executed contract agreement dated April 28, 2008. Scheduled Start and Completion Date: Overhead rates would be effective upon approval of this agreement. Primary Related Tasks: Approved overhead rates apply to all tasks in the scope of work. B. Cost Data Not Applicable C. Terms and Conditions All other terms and conditions in the originally executed agreement dated April 28, 2008 remain unchanged by this amendment. Submitted By: Approved By: X ^A714/9841//J Thomas T. Kin,P.E. Michael Blonxquist Senior Vice President, HDR Engineering, Ioc. Toil Project Manager, ROTC HDREngineering,Inc. 2280 Market Street Suite 100 Riverside, CA 92501-2110 Phone: 051) 320.7300 Fax:1951 j 320.7301 www.hdrinc.com ONE COMPANY j Many Solutions a. Karl Sauer Riverside County Transportation Commission 3850 Vine Street Suite 2.10 Riverside, CA 92507 August 28, 2011 RE: I-15 Corridor Improvement Project Overhead Adjustments Dear Mr. Sauer, The project team would like to inform the Riverside County Transportation Commission of the following adjustments to their company FAR approved overhead rates. Company Name Previous Overhead Rate New Overhead Rate HDR Engineering, Inc. 153.92% 156.26% For your reference all back up documentation for these FAR rates are attached. If you have any questions please don't hesitate to ask. Sincerely, David Anderson, P.E. Sr. Vice President RCTC Preliminary Engineering and Environmental Services for the I-15 Corridor Improvement Project SUBJECT: Subconsultant Overhead Changes Subconsultant Previous Amended Overhead H DR 153.92 156.26 HDR Engineering, Inc. and Subsidiaries Statement of Direct Labor, Fringe Benefits, and General Overhead and Schedule of Facilities Capital Cost of Money Prepared in Accordance With the Federal Acquisition Regulation Part 31 Year Ended December 31, 2011 Contents Report of Independent Auditors 1 Statement of Direct Labor, Fringe Benefits, and General Overhead 3 Description of Federal Acquisition Regulation (FAR) References 4 Schedule of Facilities Capital Cost of Money b Notes to the Statement of Direct Labor, Fringe Benefits, and General Overhead and Schedule of Facilities Capital Cost of Money 7 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 13 1205-1364054-f Hi11111 "1,i 1 El ERNST & YOUNG Report of Independent Auditors Ernst & Young LLP Suite 3000 801 Grand Avenue Des Moines, Iowa 50309-2767 Tel: 515 243 2727 www.ey.com The Board of Directors HDR Engineering, Inc. and Subsidiaries We have audited the accompanying Statement of Direct Labor, Fringe Benefits, and General Overhead (the Statement) and the Schedule of Facilities Capital Cost of Money (the Schedule) of HDR Engineering, Inc. and Subsidiaries (the Company) for the year ended December 31, 2011. The Statement and Schedule are the responsibility of the Company's management. Our responsibility is to express an opinion on the Statement and Schedule based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Statement and Schedule are free of material misstatement. We were not engaged to perform an audit of the Company's internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the Statement and Schedule, assessing the accounting principles used and significant estimates made by management, and evaluating the overall Statement and Schedule presentation. We believe that our audit provides a reasonable basis for our opinion. The accompanying Statement and Schedule were prepared on a basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation (FAR) as discussed in Note 2 to the Statement and Schedule and are not intended to be a presentation in conformity with generally accepted accounting principles. In our opinion, the Statement and Schedule referred to above presents fairly, in all material respects, the direct labor, fringe benefits, and general overhead and the facilities capital cost of money of the Company for the year ended December 31, 2011, on a basis of accounting described in Note 2 to the Statement and Schedule. 1205-13640544 1 A member firm of Ernst & Young Global limited Ernst & Yourrg LLP Assurance I Tax I Transactions I Advisory About Ernst & Young Ernst & Young is a global lender in assurance, tax, transaction and advisory services, Worldwide, our' 52,000 people are united by our shared values and ar, unwavering commitment to duality. We make a+ difference by helping our people, our clients and our wider communities achieve their potential For more information, please visit www.ey.com. Ernst & Young refers to the global organization: of member Firms of Ernst & Young Global Limited. each of which is a separate legal entity. Ernst & Young Global Limited, a UK company lirnited by guarantee, does not provide services to clients. This Report has been prepared by Ernst & Young LLP, a client serving member firm located in the United States 17336.02101\7903113.10 EXHIBIT "2C" [Attached behind this page] Exhibit "2C" ONE COMPANY j Metzty Soh/ troirs `- Subject: 1-15 Corridor Improvefnent Project Riverside County Transportation Commission Contract No. 08-31-059-00 Amendment No. 2C Prepared by: Dave Anderson A. General information Title, Description, and Estimate of Cost: Title: Estimate of Cost: Reason for Request: 1). Additional services for lteris to conduct traffic counts (peak hours and ADT) for the revised study area for the I-15 CIP project. The cost to complete this task is $19,976.00 in which Iteris, Inc. will use the existing budget remaining in Task 160 of $113,369.00. 2). To amend the approved overhead rates for HDR and its subconsultants as allowed per the executed contract agreement dated April 28, 2008. Scheduled Start and Completion Date: Date: January I I, 2013 Amendment 2C /eo - y7 Description: 1-15 CIP Traffic Count Efforts and Adjustments in approved overhead to allow billing at new audited FAR rates. No Cost. Work on the traffic counts will begin on January 14, 2013 and is currently scheduled for completion in February 8, 2013. Overhead rates would be effective upon approval of this agreement. B. Cost Data See attached cost proposal and scope of work. No additional cost to project as existing funds will be utilized. C. Terms and Conditions All other terms and conditions in the originally executed agreement dated April 28, 2008 remain unchanged by this amendment. Submitted By: ThonssT. ICim P.E. •Senior Vice President, HDR Engneering, Inc. HDR Engineering. Enc. . Approved By: Michael eionxluist ToU Project Manager, ROTC . 2290 Markel Street Stile 100 Riverside, CA 92501.2110 Phone:(951)320.7300 Fax: (951)320-7301 vww.hdrinecom • r�z ONE COMPANY ny Solutions Karl Sauer Riverside County Transportation Commission 3850 Vine Street Suite 210 Riverside, CA 92507 January 11, 2013 RE: I-15 Corridor Improvement Project Overhead Adjustments Dear Mr. Sauer; The project team would like to inform the Riverside County Transportation Commission of the following adjustments to their company FAR approved overhead rates. Company Name Previous Overhead Rate New Overhead Rate Iteris, Inc. 169.81% 174.18% For your reference all back up documentation for these FAR rates are attached. If you have any questions please don't hesitate to ask. Sincerely; David Anderson, P.E. Sr. Vice President RCTC Preliminary Engineering and Environmental Services for the 1-15 Corridor Improvement Project SUBJECT: Subconsultant Overhead Changes Subconsultant Previous Amended Overhead Iteris, Inc. 169.81 174.18 Iteris, Inc. Transportation Systems Operations Statement of Direct Labor, Fringe Benefits and General Overhead Year Ended March 31, 2012 111 McGladrey Assurance W Tax -Consulting Contents Independent Auditor's Report on the Financial Statement 1 Financial Statement Statement of direct labor, fringe benefits and general overhead Notes to statement of direct labor, fringe benefits and general overhead 2 3-6 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statement Performed in Accordance With Government Auditing Standards 7-8 McGladrey LLP McGladrey Independent Auditor's Report on the Financial Statement Board of Directors Reds, Inc. Santa Ana, CA We have audited the accompanying statement of direct labor, fringe benefits and general overhead (the Financial Statement) of Iteris, Inc.'s Transportation Systems Operations for the year ended March 31, 2012. The Financial Statement is the responsibility of Reds, Inc.'s management. Our responsibility is to express an opinion on this financial statement based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Iteris, Inc.'s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. In addition, an audit includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. The accompanying Financial Statement was prepared on a basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulations, and is not intended to be a presentation in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). In our opinion, the Financial Statement referred to previously presents fairly, in all material respects, the direct labor, fringe benefits and general overhead of Iteris, Inc.'s Transportation Systems Operations for the year ended March 31, 2012, in conformity with U.S. GAAP. In accordance with Government Auditing Standards, we have also issued our report dated September 12, 2012 on our consideration of Iteris, Inc.'s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over Financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. e Irvine, CA September 12, 2012 1 Member of the RSM international network of Nbdipendant accounting, tau and consulting firms. hells, Inc. Transportation Systems Operations Statement of Direct Labor, Fringe Benefits and General Overhead Year Ended March 31, 2012 Description DIRECT LABOR Allowable Costs Before Allocated Unallowable Allocated Corporate Total Total Costs Corporate Expenses Allowable Costs (Note 5) Expenses (Note 6) Costs $ 5,364,705 $ 5,364,705 $ $ 5,364,705 FRINGE BENEFITS ACCRUED BENEFIT LABOR $ 1,055,379 $ $ 1,055,379 $ 56,747 $ 1,112,126 NET FRINGE TRANSFERS (Note 3) 21,737 21,737 (84,983) (63,246) WORKERS' COMPENSATION INSURANCE 50,454 50,454 1,683 52,137 GROUP MEDICAL INSURANCE 885,421 885,421 45,019 930,440 INCENTIVE COMPENSATION 193,072 193,072 64,423 257,495 PAYROLL TAXES 652,331 652,331 25,247 677,578 401(k) MATCH 212,374 212,374 9,397 221,771 ASSOCIATE WELFARE 33,122 (32,825) 297 504 801 TOTAL FRINGE BENEFITS 3,103,890 (32,825) 3,071,065 118,037 3,189,102 GENERAL OVERHEAD INDIRECT LABOR 1,408,120 1,408,120 170,568 1,578,688 BID AND PROPOSAL LABOR, RESEARCH AND DIRECT COSTS 1,428,284 1,428,284 - 1,428,284 DEPRECIATION 136,803 136,803 61,121 197,924 RENT -PREMISES 637,689 637,689 150,922 788,611 RENT -EQUIPMENT 51,455 51,455 6,340 57,795 REPAIRS AND MAINTENANCE - PREMISES 38,530 38,530 1,503 40,033 REPAIRS AND MAINTENANCE - EQUIPMENT 63,973 63,973 719 64,692 UNCAPITALIZED EQUIPMENT (Note 4) 26,726 26,726 1,830 28,556 OPERATING SUPPLIES 75,430 75,430 13,666 89,096 UTILITIES 4,957 4,957 4,985 9,942 TELEPHONE 174,174 174,174 6,051 180,225 TAXES AND LICENSES 67,472 67,472 29,438 96,910 AUTO -OPERATIONS EXPENSE (19) 119 100 - 100 INSURANCE 46,902 46,902 27,304 74,206 BUSINESS CONFERENCES 27,506 (1,186) 26,320 3,697 30,017 OUTSIDE TRAINING AND TUITION 38,020 38,020 88 38,108 DONATIONS 200 (200) - - RECRUITING 26,660 26,660 35 26,695 OUTSIDE SERVICES 53,071 (17,015) 36,056 34,554 70,610 LITERATURE 1,404 1,404 3 1,407 DLIES AND SUBSCRIPTIONS 26,672 26,672 6,255 32,927 POSTAGE 16,718 16,718 2,163 18,881 PRINTING 2,222 2,222 264 2,486 ADVERTISING AND PUBLIC RELATIONS 4,821 (4,821) 6,408 6,408 TRADE SHOW - TRAVEL 4,300 (4,300) - TRADE SHOW - FREIGHT 6,969 (6,969) TRADE SHOW - FEES 34,983 (34,983) TRADE SHOW - OTHER 24,525 (24,525) BAD DEBTS (RECOVERIES) (42,399) 42,399 LEGAL 1,802 (1,802) - PROFESSIONAL FEES 49,264 (13,514) 35,750 177,845 213,595 BANK CHARGES 28,411 (28,411) - BOARD OF DIRECTORS FEES AND EXPENSES - 78,179 78,179 TRAVEL 92,540 (11,436) 81,104 10,983 92,087 INTER -DEPARTMENT ALLOCATIONS 539,567 539,567 369,274 908,841 TOTAL GENERAL OVERHEAD 5,097,752 (106,644) 4,991,108 1,164,195 6,155,303 TOTAL INDIRECT COSTS $ 8,201,642 $ (139,469) $ 8,062,173 $ 1,282,232 $ 9,344,405 PERCENTAGE OF DIRECT LABOR 174.18% See Accompanying Notes to Statement of Direct Labor, Fringe Benefits and General Overhead. 2 Reds, Inc. Transportation Systems Operations Notes to Statement of Direct Labor, Fringe Benefits and General Overhead Note 1. Description of the Company and Basis of Presentation Description of the Company: Reds, Inc. (the Company) provides products, systems and services that optimize the flow of traffic and enhance driver safety, and is organized into two reportable segments: Roadway Sensors and Transportation Systems. The Roadway Sensors segment develops and manufactures vehicle detection systems that are sold domestically and internationally to dealers, contractors and government agencies for traffic intersection control, incident detection and certain highway traffic data collection applications. The Transportation Systems segment includes transportation engineering and consulting services and the development of transportation management and travel information systems for the Intelligent Transportation Systems (ITS) industry, as well as local, state and federal government agencies. This segment includes the operations of Meridian Environmental Technology (MET), which specializes in 511 advanced traveler information systems and offers Maintenance Decision Support System management tools that allow users to create solutions to meet roadway maintenance decision needs; and the operations of Berkeley Transportation Systems (BTS), which specializes in transportation performance measurement and whose performance measurement system leverages its real-time data collection, diagnostic, fusion and warehousing platform to aggregate and compute performance measurements. Reds, Inc. was originally incorporated in Delaware in 1987. Basis of presentation and description of overhead rate structure: The financial information presented in the accompanying statement of direct labor, fringe benefits and general overhead (the Financial Statement) represents expenses relating to the Company's Transportation Systems operations (excluding expenses related to MET and BTS operations), and includes allocated expenses relating to the Company's Transportation Systems operations and allocated expenses of the corporate management of Reds, Inc. The overall cost rate structure is a single -basis, home office presentation of total indirect costs as a percentage of total direct labor cost. The Company consistently charges all nonsalary direct project costs (referred to as other direct costs (ODCs), such as subconsultant expenses and contract labor, equipment charges, vehicle usage and certain clerical expenses) to all projects, and not exclusively to projects that reimburse for ODCs. Note 2. Basis of Accounting and Description of Accounting Policies Basis of accounting: The Company's Financial Statement was prepared on the basis of accounting practices prescribed in Part 31 of the Federal Acquisition Regulations (FAR). Accordingly, the Financial Statement is not intended to present the results of operations of the Company in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). Description of accounting policies: The Company maintains an accrual basis financial accounting system and a job order basis job cost accounting system for the recording and accumulation of costs incurred under its contracts. Under these systems, each project is assigned a job number so that costs may be segregated and accumulated in the Company's job cost accounting system and classified as direct costs or indirect costs, as applicable. The Company's method of estimating costs for pricing purposes during the proposal process is consistent with the accumulation and reporting of costs under the job cost accounting system. 3 Iteris, Inc. Transportation Systems Operations Notes to Statement of Direct Labor, Fringe Benefits and General Overhead Note 2. Basis of Accounting and Description of Accounting Policies (Continued) Use of estimates: The presentation of the Financial Statement in conformity with applicable government rules and regulations requires management to make estimates and assumptions that affect the amounts reported in the Financial Statement and accompanying notes. Actual results could differ from those estimates. Significant estimates made in preparing the Financial Statement include disallowances of costs associated with allocated indirect labor. Cost allocation method: Iteris, Inc.'s corporate management expenses (such as labor, fringe benefits and other expenses) identified as being associated with activities of the Transportation Systems operations are allocated to the Transportation Systems operations for purposes of presenting the overall cost rate. Amounts are allocated based upon a three -factor formula, which is computed using revenue, payroll expense and corporate office occupancy. Description of labor -related costs: Direct labor costs are charged to projects based on actual costs and hours incurred. The Company did not compensate senior executives in excess of the FAR 31.205-6(p) limit of $763,029 per person. Accrued benefit labor costs (consisting of paid time off and holiday pay) is incurred and accrued as salaried employees render services or as holidays occur. Under the Company's policy, accrued paid time off is paid to the employees upon termination. The Company operates a 401(k) pension plan meeting the requirements of FAR 31.205-6(j), to which it makes discretionary cash contributions of 50 percent of up to 6 percent of participating employees' salaries per year. Uncompensated overtime: From time to time, exempt associates may be required to work extra hours beyond the standard workweek to assure the timely completion of a project, or administrative or management -related duties. It is the Company's policy that exempt associates only record those hours for which they are compensated. As a result, uncompensated overtime is not tracked. Note 3. Net Fringe Transfers Net fringe transfers represent salary -related expenses associated with labor from other business segments used for Transportation Systems projects, net of Transportation Systems' salary -related expenses associated with labor used on projects of other business segments. Note 4. Property and Equipment, Depreciation and Leasing Policies Certain property and equipment assets are purchased and depreciated on a straight-line basis, while others are acquired under operating leases, whereby the annual lease costs are included in the indirect cost pool. Uncapitalized equipment represents the cost of equipment expensed during the year. The Company's policy regarding capitalization of equipment is to expense all items below $1,000. Note 5. Unallowable Costs The following are descriptions of the certain costs that are considered unallowed for reimbursement in accordance with FAR: Associate welfare: Represents costs related to employee morale unallowed under FAR 31.205-13. Auto —operations expense: Represents personal -use portion of Company auto unallowed under FAR 31.205-46(d). 4 !tells, Inc. Transportation Systems Operations Notes to Statement of Direct Labor, Fringe Benefits and General Overhead Note 5. Unallowable Costs (Continued) Business conferences: Represents costs related to entertainment and alcohol unallowed under FAR 31.205-14 and FAR 31.205-51, respectively. Donations: Donations unallowed under FAR 31.205-8. Outside services: Represents costs related to reorganization unallowed under FAR 31.205-27. Advertising and public relations: Advertising and public relations expenses unallowed under FAR 31.205-1(f). Trade show: Trade show expenses unallowed under FAR 31.205-1(f). Bad debts: Bad debts unallowed under FAR 31.205-3. Legal costs: Legal costs unallowed under FAR 31.205-47. Professional fees: Professional fees unallowed under FAR 31.205-33. Bank charges: Financial costs unallowed under FAR 31.205-20. Travel: Represents costs related to travel in excess of per diem maximums and first class travel unallowed under FAR 31.205-46(a) and FAR 31.205-46(b), respectively. Note 6. Allocated Corporate Expenses Allocated corporate expenses represent expenses of the corporate management of Reds, Inc. allocable to the Company's Transportation Systems operations totaling $1,282,232. Allocated corporate expenses before disallowance of unallowable expenses total $1,409,120. The following represents the unallowable expenses relating to each type of expense: Associate welfare $ 15,204 Auto —operations expense 1,990 Amortization 35,062 Business conferences 1,446 Donations 1,762 Outside services 56,093 Interest and penalties 4,966 Trade show 742 Travel and other 9,623 $ 126,888 5 Iteris, Inc. Transportation Systems Operations Notes to Statement of Direct Labor, Fringe Benefits and General Overhead Note 6. Allocated Corporate Expenses (Continued) Descriptions of unallowable costs related to expenses detailed in this note can be found under Note 5, with the exception of the following: Amortization: Represents costs related to intangible assets acquired in a business combination unallowed under FAR 31.205-52(b). Interest and penalties: Represents costs related to financing and incurred penalties unallowed under FAR 31.205-20 and FAR 31.205-15, respectively. 6 McGladrey LIP 11 McGladrey Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statement Performed in Accordance With Government Auditing Standards Board of Directors Reds, Inc. Santa Ana, CA We have audited the statement of direct labor, fringe benefits and general overhead (the Financial Statement) of Reds, Inc.'s Transportation Systems Operations for the year ended March 31, 2012, and have issued our report thereon dated September 12, 2012. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting Management of Iteris, Inc. is responsible for establishing and maintaining effective internal control over financial reporting. In planning and performing our audit, we considered Reds, Inc.'s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the Financial Statement on the basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulations (FAR) and certain other federal and state regulations, but not for the purpose of expressing an opinion on the effectiveness of Reds, Inc.'s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of Iteris, Inc.'s internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's Financial Statement will not be prevented, or detected and corrected, on a timely basis. For the purpose of this report, we have classified the significant internal controls over financial reporting with respect to the Financial Statement in the following categories: cash disbursements, payroll and financial reporting. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined previously. 7 Member of the MA Intonational network of Independent accounting, tax and conwlting firsts. Compliance and Other Matters As part of obtaining reasonable assurance about whether Reds, Inc.'s Financial Statement is free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, and other matters including the provisions of the applicable sections of Part 31 of FAR, noncompliance with which could have a direct and material effect on the determination of Financial Statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management, others within the entity, government agencies or other customers related to contracts employing the cost principles of FAR, and is not intended to be, and should not be, used by anyone other than these specified parties. Irvine, CA September 12, 2012 8 January 2, 2013 Mark Hager HDR, Inc. 2280 Market Street, Suite 100 Riverside, CA 92501 Re: Dear Mark: S8.fruioncrrion )br better ntabibly 1-15 CIP—Proposal for "Revised Study Area" Traffic Analysis — Counts Only This letter is to obtain the approval of HDR and RCTC for Iteris to conduct traffic counts (peak hours and ADT) for the revised study area for the 1-15 CIP project. The first step of this analysis would be to conduct intersection turning movement counts and 24-hour bidirectional counts within the study area. It is our estimate that there would be approximately 55 intersection locations and two interchange -interchange locations (I-15/SR-60 and I-15/SR-91). In addition, there would be approximately 25 locations for 24-hour bi-directional counts. Iteris can provide the raw counts to HDR and RCTC as needed. Iteris proposes to perform the counts for a not -to -exceed fee of $20,000. The counts would be conducted from Jan 14th to Feb 8th, 2013. If you have any questions or need additional information, please do not hesitate to call me at (213) 802-1712 or e-mail me at vjd@iteris.com. Thank you very much for considering this request. Sincerely, Iteris, Inc. Viggen Davidian Vice President Iteris, Inc. I 801 S. Grand Ave' Suite 530I Los Angeles, CA 90017-3610 P: 213.488.0345 1 F: 213.488.9440 RCTC Preliminary Engineering & Environmental Services I-15 Corridor - From the San Bernardino County Line to I-215 Fee Proposal Iteris Task Description Total Hours TotaE $ 1 •g ti 1 i z i 11 R $ M S r� c m ti ii C e, 1 W � C �31 of d W qto w E 9a to iC E 8 2 Hrs $ Hrs , $ lirs i $ Hrs $ Hrs $ Hrs , $ Hrs - $ Hrs $ Hrs $ Hrs , $ Rafe $81.00 $51.56 $4882 $3740 $4176 $28.54 $JO JO $2031 ;1880 $29.69 Itef%S wcr/reaf 6' 174.16% 6141.09 $8981 ;85.03 $6514 $74.48 $SZ78 $35.39 $3775 $51.71 Profit[� ArmF4971 J2211 $14.14 $13.39 81825 $11.72 $783 $8.31 $557 85.15 $8.14 Loaded Rate r $244.29 $155.50 $147.24 $112.80 $128.96 $86.08 591.38 $61.28 $56.70 $84.54 100.00 Project Management - PA&ED Com_ ponent 100. 10.10.1 Project Scheduling o a - E - s - o a - 0 t 0 8 o g - o q - o b - 0 • $ - E - 100.10.10,2 Communications Plan o s - _ - 5 0 5 - o a - o g - o $ o E - o s - o $ - $ - 100.10.10.3 Monthly Progess Reports,/ Invoices o $ - $ - $ 0 $ - a s - o $ - o $ - o i - o b - p $ - a 100.10.10.4 Monthly PDT Meetings o s - E - s - o g - 0 8 - 5 - o - o E - o $ - o ; - g - 100.10.10.5 6i-weekly'Trend" Meetings o 8 - $ - $ - o s - o $ - o f - o - o $ � o b - a $ - s - 100.10.10.6 Quality Assurance (QA) Program o $ - $ - $ - o $ - o E - o E - o $ 0 $ - o $ - 0 Preliminary Activities -Project Management Subtotal 0 ; - p f - 0 ; - o f - p .5- 0 f - o f - 0 f • o ; - a S - o f - Perform Preliminary Engineering Studies and Draft 1.60 Proiect Report 160.10.10 _ Traffic Forecasts/Modeling Is $ 2,336 l . $ 244 12 $ 3,866 $ - 2 a 226 A - ; - b $ - $ - 0 $ 160.10.15 Geometric Plans for Project Alternatives a s - $ - s - o $ - - $ - f - E a - o $ - o s - 160.10.20 _ _ Value Analysis a a $ - S - o $ - - 4 - $ - $ - $ - o $ - o $ - 160.10.35 _ _ Traffic Operational Analysis o s - g - $ - a $ _ - $ - $ - $ o S - a E o E - 160.10.70 Traffic Studies o 5 - s - $ - o is - - 4 - $ 5 - $ - E - 0 $ - 160.10.90 High Occupancy Vehicle Report o s $ - E - o $ - , - $ - $ - $ - o E - o s - o $ - 160.10.95 Traffic Counts Updated Preliminary Transportation Management Plan 57 Intersection/interchange locations at $270 each (average) o $ - s is; 90 $ $ - o s - $ - 4 $ - ; 0 $ - o $ - o s - 25 Street locations at $90 each (average) $ 2,250 Prima Activities Subtotal 1s 5 19976 1 244 12 f 1,265 0 - Z f 226 0 f - 0 ; - 0 ; - 0 ; - 0 ; - 0 ; - i Total 15 ; 19,976 1 S 244 12 $ 1,868 0 $ - 2 S- VS a S - ' 0 s - 0 - 0 $ - 0 $ - 0 - 1 of 2 Template_Iteris AGENDA ITEM 8R RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Josefina Clemente, Transit Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Memorandum of Understanding with the Southern California Association of Governments for the Federal Transit Administration's Section 5337 State of Good Repair and Section 5339 Bus and Bus Facilities Grant Programs BUDGET AND IMPLEMENTATON COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Memorandum of Understanding (MOU) No. M-015-13 with the Southern California Association of Governments (SCAG) for the Section 5337 State of Good Repair Grant Program; and 2) Approve MOU No. M-016-13 with SCAG for the Section 5339 Bus and Bus Facilities grant program. BACKGROUND INFORMATION: In July 2012, Congress passed the Moving Ahead for Progress (MAP-21) two-year reauthorization bill which authorized federal funding for public transportation programs that Federal Transit Administration (FTA) administers for fiscal years 2012/13 and 2013/14. This legislation restructured existing funding by consolidating several grant programs, revising project eligibility and amending funding allocation requirements from discretionary to a formula based process. Section 5337 State of Good Repair Grants Under MAP-21, the Section 5337 State of Good Repair program replaces the 5309 Fixed Guideway program. Funding is limited to fixed guideway investments to maintain transit systems in a state of good repair. Funds are dedicated to repair and upgrade of the nation's rail transit systems along with high intensity motor bus systems that use high occupancy vehicle lanes including bus rapid transit. Eligible recipients include state and local government authorities in urbanized areas with fixed guideway public transit facilities operating for at least seven years. The new formula comprises of the former fixed guideway formula, a new service - based formula and a new formula for buses on high occupancy vehicle lanes. Federal share is 80 percent with a required 20 percent local match. Agenda Item 8R 576 Section 5339 Bus and Bus Facilities Grants MAP-21 established the Bus and Bus Facilities formula program, replacing some of the elements of the former Bus and Bus Facilities discretionary program before MAP-21 to fund capital projects. Eligible capital projects include projects to replace, rehabilitate and purchase buses and related equipment and to construct bus -related facilities. Section 5339 funds are allocated according to a statutory formula based on population, vehicle revenue miles and passenger miles. In addition, FTA will only award grants under this program to designated recipients within large urbanized areas and to states for the apportionments to areas with a population under 200,000. Designated recipients and states will be required to apply on behalf of eligible subrecipients. FTA requires an 80/20 federal/local match for this program. DISCUSSION: MOUs were developed between SCAG and county transportation commissions (CTC) so that grant applications may be submitted for their respective Section 5337 and Section 5339 allocations. SCAG is responsible for comprehensive and coordinated regional transportation planning and programming in the six -county SCAG region and will be administering the above formula program funds that are the subject of the agreements. Accordingly, the agreement with SCAG will need to be in place so funds can be disbursed to the direct recipients and subrecipients. SCAG shall be responsible for the following actions: 1) Managing program funds distribution and oversight for subrecipients receiving funds under these programs. 2) Applying for Section 5339 program funds using the Transportation Electronic Award and Management System on behalf of the subrecipients. As the CTC for Riverside County, the Commission is responsible for identifying and sub - allocating funding amounts to direct recipients within each urbanized areas in the county, based on county level funding amounts that SCAG provides. The Commission will assist agencies identified as funding subrecipients and ensure that required related certification forms are executed and submitted to SCAG in a timely manner. Appropriate agreements with SCAG are established to ensure that final funding amounts are reflected correctly in grant applications. Since the Commission is only responsible for sub -allocation of funds once notified by SCAG, there are no financial impacts to the Commission associated with these agreements. Attachments: 1) Draft MOU No. M-015-13 2) Draft MOU No. M-016-13 Agenda Item 8R 577 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND COUNTY TRANSPORTATION COMMISSIONS FOR THE SECTION 5337 STATE OF GOOD REPAIR GRANTS PROGRAM (MOU No. M-015-13) RECITALS WHEREAS, the Southern California Association of Governments (SCAG) is a joint powers agency formed pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (Section 6500 et seq.) and is the Metropolitan Planning Organization (MPO) recognized under 23 United States Code (U.S.C.) Section 134 and 49 U.S.C. Section 5303; WHEREAS, SCAG is responsible for developing Regional Transportation Plans and Federal Transportation Improvement Programs (FTIPs), pursuant to 23 U.S.C. Section 134 et seq., 49 U.S.C. Section 5303 et seq., California Government Code Section 65080 et seq., and California Public Utilities Code Section 130300 et seq., and applicable regulations and guidance; WHEREAS, SCAG is the Designated Recipient (as defined in 49 U.S.0 Section 5302(4)) of Federal Transit Administration (FTA) Urbanized Area Formula Grants under 49 U.S.C. Section 5307 (Section 5307 Program) for the following large urbanized areas (UZAs) with populations of 200,000 or more (according to the latest U.S. Census) in the SCAG region: Los Angeles - Long Beach -Anaheim (UZA 2), Riverside -San Bernardino (UZA 22), Indio -Cathedral City (UZA 111), Santa Clarita (UZA 146), Murrieta-Temecula-Menifee (UZA 87), and Lancaster -Palmdale (UZA 112); WHEREAS, the Orange County Transportation Authority (OCTA), the Los Angeles County Metropolitan Transportation Authority (Metro), the San Bernardino Associated Governments (SANBAG) acting in its capacity as the San Bernardino County Transportation Commission, and the Riverside County Transportation Commission (ROTC) (referred to individually herein as a "CTC" and collectively as "CTCs") are responsible for developing short-range Transportation Improvement Programs (TIPs) for their respective counties in coordination with SCAG and the municipal transit operators (pursuant to California Public Utilities Code Section 130303 et seq.), and for submitting their TIPs to SCAG for recommended inclusion in the FTIP; WHEREAS, pursuant to the new two-year transportation reauthorization bill that was signed into law on July 6, 2012, the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), funding is authorized for the 49 U.S.0 Section 5337 State of Good Repair Grants Program (Section 5337 Program); WHEREAS, the Federal Fiscal Year (FFY) is the accounting period for the federal government which begins on October 1 and ends on September 30; WHEREAS, MAP-21 authorizes funding for the Section 5337 Program for FFY 2012/2013 and FFY 2013/14 exclusively for capital assistance projects (including preventive maintenance Page 1 of 23 MOU No. M-015-13: Section 5337 Program Funds 578 activities) for the replacement and rehabilitation of existing fixed -guideway systems to maintain them in a state of good repair; WHEREAS, MAP-21 also authorizes funding for the Section 5337 Program for FFY 2012/2013 and FFY 2013/14 exclusively for capital assistance projects for the replacement and rehabilitation of existing high intensity motorbus systems, defined in 49 U.S.0 Section 5337(d)(1) as public transportation provided on a facility with access to other high -occupancy - vehicles (HOVs), to maintain these fixed -route bus systems in a state of good repair; WHEREAS, the Section 5337 Program replaces and modifies elements of the Fixed Guideway Modernization Program (previously under 49 U.S.C. Section 5309(a)); WHEREAS, FTA guidance specifies that the Designated Recipient of Section 5337 Program funds for large UZAs shall be the same as the Designated Recipient of Section 5307 Program funds for such areas; WHEREAS, SCAG, as the Designated Recipient of Section 5337 Program funds for large UZAs identified herein within the SCAG region, must allocate Section 5337 Program funds to eligible Direct Recipients and is responsible for tracking grant activity at UZA levels; WHEREAS, the CTCs are responsible for identifying any and all eligible Direct Recipients of Section 5337 Program funds; WHEREAS, the CTCs are further responsible for sub -allocating Section 5337 Program funds among eligible Direct Recipients identified by the CTCs within their respective counties consistent with the Section 5337 Program formula, and notifying SCAG and Direct Recipients of such sub -allocations and changes to such sub -allocations; WHEREAS, CTCs and all other Direct Recipients of Section 5337 Program funds are responsible for compliance with all applicable grant requirements set forth in the FTA Master Agreement and annual FTA Certifications and Assurances; WHEREAS, all references to "days" shall mean calendar days, unless otherwise specified, in notification periods set forth herein; and WHEREAS, this Memorandum of Understanding ("MOU" or "Agreement") is entered into by SCAG and the CTCs in order to clarify the roles and responsibilities of all parties with regard to implementation of the Section 5337 Program. NOW, THEREFORE, THE PARTIES HEREBY MUTUALLY AGREE AS FOLLOWS: 1. Incorporation of Recitals 1.1. The foregoing Recitals are hereby incorporated into and made part of this Agreement. Page 2 of 23 MOU No. M-015-13: Section 5337 Program Funds 579 2. Roles and Responsibilities 2.1. Role and Responsibilities of SCAG 1) County and Inter -county Allocations: SCAG shall prepare the allocations of Section 5337 Program funds apportioned by FTA for large UZAs identified herein that do not expand over more than one county, and the inter -county allocations of Section 5337 Program funds apportioned by FTA for large UZAs identified herein that expand over more than one county (County and Inter -county Allocations). The County and Inter -county Allocations of Fixed Guideway (FG) funds shall be consistent with the formula set forth in subparagraphs (B) and (C) of 49 U.S.0 Section 5337(c)(3). Similarly, the County and Inter -county Allocations of High Intensity Motor Bus (HIMB) funds shall be consistent with the formula set forth in subparagraphs (B) and (C) of 49 U.S.0 Section 5337(d)(3). SCAG shall prepare such allocations pursuant to the following process: a. SCAG shall provide to the CTCs a "Notice of Proposed County and Inter - County Allocations" for a thirty (30)-day review and comment period. b. Upon closure of the review and comment period, SCAG shall consider any requested revisions and comments received and make revisions as appropriate, then shall issue a "Notice of Final County and Inter -County Allocations." 2) Grant Certification and Opt -Out Forms: SCAG shall include with the Notice of Final County and Inter -County Allocations to the CTCs, the "Grant Certification Form," attached hereto and incorporated herein as Exhibit "A." The Grant Certification Form includes as attachments, the FTA Certifications and Assurances (Attachment A-1) in addition to the Opt -Out Form (Attachment A-2) as described in Section 2.3, paragraphs 5 and 6. SCAG shall include Instructions with such forms. Each CTC shall be responsible for distributing to and coordinating signatures by the Direct Recipients identified by the CTC in their respective county, of either the Grant Certification Form or Opt -Out Form. SCAG shall receive either the Grant Certification Form or Opt -Out Form signed by each eligible Direct Recipient identified by the CTC in their respective county prior to submittal of a grant application for Section 5337 Program Funds by an eligible Direct Recipient. In no event shall SCAG provide a concurrence letter in support of a grant application for such funds in a county for which SCAG has not received all required documentation as set forth below in paragraph 4 of this Section 2.1. 3) Notify FTA of Sub -Allocations: Upon receipt of the Notices of Sub -allocations from the CTCs as set forth in paragraph 2 of Section 2.2 of this Agreement, SCAG shall transmit "funding split" letters notifying FTA of the sub -allocations of 5337 Program funds to Direct Recipients in UZAs identified herein. Page 3 of 23 MOU No. M-015-13: Section 5337 Program Funds 580 4) MPO Concurrence Letters: SCAG shall allow Direct Recipients to submit grant applications directly to FTA, subject to SCAG's receipt of documentation set forth below in this paragraph 4. SCAG shall provide to FTA the MPO concurrence letters required by FTA for the approval of Section 5337 Program grant applications submitted by a Direct Recipient to FTA, contingent upon SCAG's receipt of the following required documentation: a. This Agreement fully executed by all Parties; b. The Grant Certification Form (Exhibit A) signed by the Direct Recipient's duly authorized representative; c. The FFY 2013 FTA Certifications and Assurances (Attachment A-1), attached to the Grant Certification Form or subsequent annual FTA Certifications and Assurances (published in the Federal Register), as applicable, signed by the Direct Recipient's duly authorized representative and its attorney; and d. Any further documentation requested by SCAG or FTA to ensure compliance with the grant requirements. 5) Grant Tracking at UZA Levels: SCAG shall track grant activity of Section 5337 Program funds at UZA levels and share the balances with the Direct Recipients, CTCs, and FTA upon request or as needed, but not less frequently than once per each quarter of the FFY. 2.2. Role and Responsibilities of the CTCs 1) Review of Proposed County and Inter -County Allocations: Upon receipt from SCAG of the Notice of Proposed County and Inter -County Allocations, each CTC shall review and provide comments to SCAG as needed within thirty (30) days. 2) Sub -Allocations: Each CTC shall identify eligible Direct Recipients of Section 5337 Program funds within their respective counties and shall sub -allocate FG funds consistent with the formula set forth in subparagraphs (B) and (C) of U.S.0 Section 5337(c)(3), and shall sub -allocate HIMB funds consistent with the formula set forth in subparagraphs (B) and (C) of U.S.0 Section 5337(d)(3), pursuant to the following process: a. Each CTC shall provide a "Notice of Sub -allocations" to SCAG and to all Direct Recipients in its county, within thirty (30) days of receiving the Notice of Final County and Inter -County Allocations from SCAG. Such Notice to the Direct Recipients shall include a copy of the Grant Certification Form and Opt - Out Form, with Instructions, as described in Section 2.1, paragraph 2, of this Agreement. The Notice of Sub -allocations shall include but is not limited to the following information, and all available funds shall be sub -allocated (without a remaining balance): Page 4 of 23 MOU No. M-015-13: Section 5337 Program Funds 581 i. Full name of the Direct Recipient, ii. Dollar amounts of sub -allocations to each Direct Recipient, iii. Category of Funds (FG or HIMB), iv. FFY of funding sub -allocations, and v. Any other information requested by FTA. b. Each CTC shall be responsible for coordinating and obtaining signed Certification Forms or Opt -Out Forms as described in Section 2.1, paragraph 2, of this Agreement, from all eligible Direct Recipients identified by the CTC in its respective county, and ensuring that such forms are submitted to SCAG. 3) Grant Management and Tracking at County and Recipient Levels: The CTCs shall be responsible for the tracking and reconciliation of Section 5337 Program funding balances of eligible Direct Recipients which are sub -allocated within their respective counties, and shall provide such fund balances to the SCAG Grants Administrator on a quarterly basis and upon request. The CTCs shall further be responsible for managing and approving any exchanges of such funds with other federal, state, and/or local funds within the same UZA, in accordance with applicable federal, state and/or local requirements. Each CTC shall further notify SCAG of any and all revised sub -allocations within thirty (30) days from the date of such revisions, to reflect any funding exchanges or in the event that any identified eligible Direct Recipient opts -out of receiving its sub -allocation pursuant to Section 2.3, paragraph 6. Each CTC agrees to notify any and all Direct Recipients in their respective county with 5337 Program funding sub -allocations at risk of lapsing, and shall provide a copy of such notification to SCAG. Each CTC further agrees to provide SCAG with documentation of any exchanges of funds, upon request of SCAG or FTA. 4) Short-range Programming: The CTCs shall be responsible for programming eligible projects in their short-range TIPs that are submitted to SCAG for recommended inclusion in the FTIP. 2.3. Role and Responsibilities of Direct Recipients 1) Definition of "Direct Recipient:" For purposes of this Agreement, "Direct Recipient" shall mean an eligible public entity identified by the CTC serving the county in which such public entity is located, to receive a sub -allocation of Section 5337 Program funds and that may apply directly to FTA for a grant award to implement eligible capital projects, contingent upon meeting federal requirements and requirements set forth in this Section 2.3. "Direct Recipients" may include CTCs. 2) CTC Certifications and Assurances: A CTC which applies for Section 5337 Funds shall also be considered a "Direct Recipient" for purposes of this Agreement, and by signing this Agreement such CTC hereby agrees to accept responsibilities and comply with the requirements stated in this Agreement Page 5 of 23 MOU No. M-015-13: Section 5337 Program Funds 582 including but not limited to this Section 2.3. Each CTC understands and agrees that it shall not be entitled to elect the Opt -Out option set forth under paragraph 6 of this Section 2.3. 3) Applications and Grant Management Process: Direct Recipients are responsible for applying directly to FTA for a grant award from the Section 5337 Program to implement eligible capital projects, contingent on meeting federal requirements and requirements set forth under this Section 2.3. Direct Recipients are further responsible for preparing, submitting and managing all of their grant applications in FTA's Transportation Electronic Award Management web -based (TEAM -Web) system. 4) Grant Requirements: The responsibilities of Direct Recipients include, but are not limited to, the following: a. FTA Master Agreement: Each Direct Recipient agrees to comply in the same capacity as the "Recipient" with applicable terms and conditions of the FTA Master Agreement, FTA MA (19) dated October 1, 2012 (www.fta.dot.gov/documents/19-Master.pdf) and any agreement which supersedes and replaces it. b. Annual FTA Certifications and Assurances: By signing the FFY 2013 FTA Certifications and Assurances, attached hereto and incorporated herein as Exhibit "A," each Direct Recipient certifies in the same capacity as the "Applicant" that it shall comply with the applicable annual FTA Certifications and Assurances (published annually in the Federal Register). Upon publication of the FFY 2014 FTA Certifications and Assurances form, and for each additional FFY for which Congress authorizes and appropriates Section 5337 Program funds, each Direct Recipient shall sign and submit a copy of such form to SCAG prior to applying for any of such funds. c. Documentation: Each Direct Recipient shall submit to SCAG any documentation reasonably requested by SCAG to assure the validity of all above -referenced Certifications and Assurances. d. Transit Asset Management Plans: Each Direct Recipient shall agree to the following: i. It will develop a Transit Asset Management Plan that complies with: 1. 49 U.S.C. Section 5326 et seq. and Section 5337(a)(4), as amended by MAP-21; 2. Federal regulations pertaining to the National Transit Asset Management System required to be issued by 49 U.S.C. Section 5326(d), as amended by MAP-21; Page 6 of 23 MOU No. M-015-13: Section 5337 Program Funds 583 3. Performance Measures and Targets required to be issued by 49 U.S.C. Section 5326(c)(1); and 4. Other applicable Federal laws and regulations; ii. It will develop a Transit Asset Management Plan that is consistent with Federal guidance developed or to be developed to implement 49 USC Section 5326, as amended by MAP-21. iii. It will provide progress and performance reports as required by 49 U.S.C. Section 5326(c)(3), as amended by MAP-21. iv. Transit Asset Management Plans shall at minimum include capital asset inventories and condition assessments, and investment prioritization. Direct Recipients shall further report on the condition of their system and any change in condition since the last report and submit such reports into the FTA's National Transit Database (NTD). The Direct Recipient shall submit to SCAG performance measures and targets adopted as part of such plans, and any other related documentation requested by SCAG. e. Reports: Upon submittal to or approval by FTA, as applicable, Direct Recipients shall submit to SCAG copies of the following documents and reports which relate to the Section 5337 Program: i. Approved Grant Applications, Budget Revisions and Amendments; ii. Supplemental Agreements and Amendments; iii. Quarterly Milestones/Progress Reports submitted into FTA's TEAM - Web system during the current FFY; iv. Federal Financial Reports submitted into FTA's TEAM -Web system during the current FFY; v. Disadvantaged Business Enterprise (DBE) reports and all other reports and documentation required by FTA; vi. Final/Close-out Reports submitted to FTA; and vii. Any other documents or reports requested by FTA or SCAG, including information which enables SCAG to track 5337 Program funding balances in UZAs for which it is the Designated Recipient. f. Invoices: Upon approval of grant applications by FTA and commencement of approved projects under the Section 5337 Program, Direct Recipients shall submit invoices to FTA for reimbursement of incurred eligible and allowable Page 7 of 23 MOU No. M-015-13: Section 5337 Program Funds 584 g. costs. Costs shall comply with Section 5337 Program requirements, all applicable Federal cost principles and other related requirements, and shall serve as the only costs eligible for reimbursement by FTA. Direct Recipients shall draw -down grant funds via FTA's Electronic Clearing House Operation (ECHO -Web) System on a reimbursement basis upon approval by FTA of a Direct Recipient's invoice. Supplemental Agreements: Direct Recipients that sub -allocate Section 5337 Program funds shall comply with FTA's requirement for a Supplemental Agreement to be pinned to the grant in the TEAM -Web system prior to grant execution. 5) Grant Certification Form: Each Direct Recipient, excluding a CTC who is a Direct Recipient, shall execute and submit to SCAG, in advance of submitting a grant application for Section 5337 Program funds to FTA and no later than fifteen (15) days after receiving a Notice of Sub -allocations from the CTC a signed Grant Certification Form (Exhibit A) including a signed FFY 2013 FTA Certifications and Assurances (Attachment A-1). Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5337 Program funds, each Direct Recipient shall sign and submit a copy to SCAG of the applicable FTA Certifications and Assurances form, prior to applying for such funds. SCAG shall not allocate and the CTCs shall not sub -allocate, as applicable, any Section 5337 Program funds to a Direct Recipient who has not executed a Grant Certification Form and applicable FTA Certifications and Assurances form. 6) Opt -Out Option: In the event an eligible Direct Recipient, excluding a CTC who is a Direct Recipient, elects not to apply for Section 5337 Program funds and does not execute the Grant Certification Form described in paragraph 5 of this Section 2.3, the Direct Recipient may sign and return the Opt -Out Form (Attachment A-2). A Direct Recipient that elects to opt -out, as described herein, shall sign and return to SCAG's Grants Administrator the required Opt -Out Form within thirty (30) days of receiving the Notice of Sub -Allocations from the CTC serving the county in which the Direct Recipient is located. Upon receipt by SCAG of the Opt -Out Form signed by a Direct Recipient's duly authorized representative or upon the lapse of the thirty (30)-day notification period, SCAG and the respective CTC shall initiate the process to sub -allocate the Section 5337 Program funds among other Direct Recipients that provide fixed guideway and/or high intensity motorbus service within the SCAG regional boundaries and according to the statutory formulas set forth under 49 U.S.C. Section 5337, as applicable and as amended from time to time. In any event, this Agreement shall remain fully binding and enforceable among the signatory parties. Page 8 of 23 MOU No. M-015-13: Section 5337 Program Funds 585 3. General Provisions 3.1. Term of Agreement: This Agreement shall be effective on June 1, 2013, and continues in full force unless a party withdraws from this Agreement or this Agreement is terminated in accordance with Section 3.7. 3.2. Drafting: This Agreement has been prepared by all parties and has been reviewed and endorsed by each. 3.3. Amendments: This Agreement may be amended only by the execution by all parties of a written amendment. 3.4. Jurisdiction and Venue: This Agreement shall be deemed an Agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. All parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be in Los Angeles County, California. 3.5. Non -assignment: No party may assign this Agreement, or any part thereof, without the written consent of each party to this Agreement. 3.6. Indemnity: Each respective CTC agrees to indemnify, defend and hold harmless SCAG and its officers, agents and employees from and against any and all claims, demands, costs, or liability arising from or connected with intentional or negligent acts, errors or omissions, any violations of law, or any violations of the terms and conditions of this Agreement (including non-compliance with the FTA Master Agreement and annual FTA Certifications and Assurances) attributable to performance of the responsibilities as set forth in this MOU by the CTC or its officers, agents, employees, contractors and subcontractors, except to the extent caused by the negligence or willful misconduct of SCAG. Page 9 of 23 MOU No. M-015-13: Section 5337 Program Funds 586 3.7. Withdrawal and Termination: 1) Any party may withdraw from this Agreement upon thirty (30) days written notice to each party, provided that the notice of withdrawal sets forth the effective date of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall provide that the parties meet during the period prior to the effective date of withdrawal to try to resolve any dispute, if applicable. In the event that the withdrawal is for cause, the withdrawal shall not be effective if the party cures the default in its performance within the thirty (30) day period. 2) SCAG shall notify FTA of the withdrawal from this Agreement of any CTC and shall administer and sub -allocate Section 5337 Program funds to Direct Recipients providing FG and/or HIMB service, as applicable, within a county of such CTC that is not a party to this Agreement. 3) SCAG may terminate this Agreement at any time, upon thirty (30) days written notice to each party provided that the notice of termination sets forth the effective date of termination. Such termination clause may be invoked by SCAG in the following circumstances including but not limited to: in the event that the Section 5337 Program is no longer funded by Congress and the fund balances have been exhausted, or in the event that SCAG is no longer the designated recipient of Section 5337 Program funds for a UZA or UZAs identified herein. 3.8. Counterparts: This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. 3.9. Contact List: The names and contact information for the grants administrator representing each party are identified in the Grants Administrator Contacts List, attached hereto and incorporated herein as Exhibit "B." 3.10. Notice: Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the names and addresses attached hereto and incorporated herein as Exhibit "C." Page 10 of 23 MOU No. M-015-13: Section 5337 Program Funds 587 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. The Southern California Association of Governments By: Date: Hasan Ikhrata Executive Director Approved as to Form: Joanna Africa Chief Counsel Page 11 of 23 MOU No. M-015-13: Section 5337 Program Funds Date: 588 San Bernardino Associated Governments By: Date: Raymond Wolfe Executive Director Approved as to Form: Eileen Monaghan Teichert General Counsel Page 12 of 23 MOU No. M-015-13: Section 5337 Program Funds Date: 589 Orange County Transportation Authority By: Date: Darrell Johnson Chief Executive Director Approved as to Form: Legal Counsel Page 13 of 23 MOU No. M-015-13: Section 5337 Program Funds Date: 590 Los Angeles County Metropolitan Transportation Authority By: Date: Arthur T. Leahy Chief Executive Officer Approved as to Form: JOHN F. KRATTLI County Counsel By: Date: Deputy Page 14 of 23 MOU No. M-015-13: Section 5337 Program Funds 591 Riverside County Transportation Commission: By: Date: Anne Mayer Executive Director Approved as to Form: Legal Counsel Page 15 of 23 MOU No. M-015-13: Section 5337 Program Funds Date: 592 EXHIBIT A GRANT CERTIFICATION FORM Section 5337 State of Good Repair Grants Program (Section 5337 Program) This Grant Certification Form is required to be signed by all Direct Recipients of Section 5337 Program Funds, pursuant to the Memorandum of Understanding among the Southern California Association of Governments (SCAG) and County Transportation Commissions for the Section 5337 State of Good Repair Grants Program. 1. Definition of "Direct Recipient:" For purposes of administering the Section 5337 Program, "Direct Recipient" shall mean an eligible public entity identified by the County Transportation Commission (CTC) serving the county in which such public entity is located, to receive a sub -allocation of Section 5337 Program funds and that may apply directly to the Federal Transit Administration (FTA) for a grant award to implement eligible capital projects, contingent on meeting federal requirements and requirements set forth herein. 2. Applications and Grant Management Process: Direct Recipients are responsible for applying directly to FTA for a grant award from the Section 5337 Program to implement eligible capital projects, contingent on meeting federal requirements and requirements set forth herein. Direct Recipients are further responsible for preparing, submitting and managing all of their grant applications in FTA's Transportation Electronic Award Management web -based (TEAM -Web) system. 3. Grant Requirements: The responsibilities of Direct Recipients include, but are not limited to, the following: a) FTA Master Agreement: Each Direct Recipient agrees to comply in the same capacity as the "Recipient" with applicable terms and conditions of the FTA Master Agreement, FTA MA (19) dated October 1, 2012 (www.fta.dot.gov/documents/19-Master.pdf) and any agreement which supersedes and replaces it. b) Annual FTA Certifications and Assurances: The Direct Recipient agrees to sign the Federal Fiscal Year (FFY) 2013 FTA Certifications and Assurances, attached hereto and incorporated herein as Attachment "A-1." Each Direct Recipient certifies in the same capacity as the "Applicant" that it shall comply with the applicable annual FTA Certifications and Assurances (published annually in the Federal Register). Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5337 Program funds, each Direct Recipient shall sign and submit a copy of such form to SCAG prior to applying for any of such funds. c) Documentation: Each Direct Recipient shall submit to SCAG any documentation reasonably requested by SCAG to assure the validity of all above -referenced FTA Certifications and Assurances. d) Transit Asset Management Plans: Each Direct Recipient shall agree to the following: i. It will develop a Transit Asset Management Plan that complies with: 1. 49 U.S.C. Section 5326 et seq. and MAP-21; 2. Federal regulations pertaining to the System required to be issued by 49 U. MAP-21; Page 16 of 23 MOU No. M-015-13: Section 5337 Program Funds Section 5337(a)(4), as amended by National Transit Asset Management S.C. Section 5326(d), as amended by 593 3. Performance Measures and Targets required to be issued by 49 U.S.C. Section 5326(c)(1); and 4. Other applicable Federal laws and regulations; ii. It will develop a Transit Asset Management Plan that is consistent with Federal guidance developed or to be developed to implement 49 USC Section 5326, as amended by MAP-21. iii. It will provide progress and performance reports as required by 49 U.S.C. Section 5326(c)(3), as amended by MAP-21. iv. Transit Asset Management Plans shall at minimum include capital asset inventories and condition assessments, and investment prioritization. Direct Recipients shall further report on the condition of their system and any change in condition since the last report and submit such reports into the FTA's National Transit Database (NTD). The Direct Recipient shall submit to SCAG performance measures and targets adopted as part of such plans, and any other related documentation requested by SCAG. e) Reports: Upon submittal to or approval by FTA, as applicable, Direct Recipients shall submit to SCAG copies of the following documents and reports: i. Approved Grant Applications, Budget Revisions and Amendments; ii. Supplemental Agreements and Amendments; iii. Quarterly Milestones/Progress Reports submitted into FTA's TEAM -Web system during the current FFY; iv. Federal Financial Reports submitted into FTA's TEAM -Web system during the current FFY; v. Disadvantaged Business Enterprise (DBE) reports and all other reports and documentation required by FTA; vi. Final/Close-out Reports submitted to FTA; and vii. Any other documents or reports requested by FTA or SCAG, including information which enables SCAG to track 5337 Program funding balances in UZAs for which it is the Designated Recipient. f) Invoices: Upon approval of grant applications by FTA and commencement of approved projects under the Section 5337 Program, Direct Recipients shall submit invoices to FTA for reimbursement of incurred eligible and allowable costs. Costs shall comply with all Section 5337 Program requirements, applicable Federal cost principles and other related requirements and shall serve as the only costs eligible for reimbursement by FTA. Direct Recipients shall draw - down grant funds via FTA's Electronic Clearing House Operation (ECHO -Web) System on a reimbursement basis upon approval by FTA of a Direct Recipient's invoice. g) Supplemental Agreements: Direct Recipients that sub -allocate Section 5337 Program funds shall comply with FTA's requirement for a Supplemental Agreement to be pinned to the grant in TEAM - Web system prior to grant execution. 4. Sub -allocations Process: The Direct Recipient hereby understands and agrees that it shall execute and submit to SCAG, in advance of submitting a grant application for Section 5337 Program funds to FTA and no later than fifteen (15) days after receiving a Notice of Sub -allocations from the CTC serving the county in which the Direct Recipient is located, this Grant Certification Form and the FFY 2013 FTA Certifications and Assurances, signed by the duly authorized representative of the Direct Recipient. Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5337 Program funds, each Direct Recipient shall sign and submit a copy to SCAG of the applicable FTA Certifications and Assurances form, prior to applying for such funds. SCAG shall not allocate and the CTCs shall not sub -allocate, as applicable, any Section 5337 Program Page 17 of 23 MOU No. M-015-13: Section 5337 Program Funds 594 funds to a Direct Recipient who has not executed a Grant Certification Form and applicable FTA Certifications and Assurances form. 5. Opt -Out Option: In the event an eligible Direct Recipient, excluding a CTC who is a Direct Recipient, elects not to apply for Section 5337 Program funds and does not execute the Grant Certification Form, the Direct Recipient may elect to sign and return the attached Opt -Out Form, attached hereto and incorporated herein as Attachment "A-2." A Direct Recipient that elects to opt -out, as described herein, shall sign and return to SCAG's Grants Administrator the attached Opt -Out Form within thirty (30) days of receiving the Notice of Sub -Allocations from the CTC serving the county in which the Direct Recipient is located. Upon receipt by SCAG of the Opt -Out Form signed by a Direct Recipient's duly authorized representative or upon the lapse of the 30-day notification period, SCAG and the respective CTC shall initiate the process to sub -allocate the Section 5337 Program funds among other Direct Recipients that provide fixed guideway and/or high intensity motorbus service within the SCAG regional boundaries and according to the statutory formulas set forth under 49 U.S.C. Section 5337, as applicable and as amended from time to time. 6. Indemnity: The Direct Recipient agrees to indemnify, defend and hold harmless SCAG and its respective officers, agents and employees from and against any and all claims, demands, costs, or liability arising from or connected with intentional or negligent acts, errors or omissions, any violations of law, or any violations of the terms and conditions of this Certification Form (including non-compliance with the FTA Master Agreement and annual FTA Certifications and Assurances) attributable to performance of the responsibilities as set forth herein by the Direct Recipient or its officers, agents, employees, contractors and subcontractors, except to the extent caused by the negligence or willful misconduct of SCAG. BY SIGNING BELOW, on behalf of the Direct Recipient, I declare under penalty of perjury that the Direct Recipient has duly authorized me to sign this Grant Certification Form, and bind the recipient's compliance. Thus, the Direct Recipient agrees to comply with all requirements set forth herein. Signature of Authorized Representative Name Date Name of Direct Recipient Address Return Form To: Alfonso Hernandez, SCAG Grants Administrator 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 hernande@scag.ca.gov Page 18 of 23 MOU No. M-015-13: Section 5337 Program Funds 595 ATTACHMENT A-1 FEDERAL FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSITADMINISTRATION ASSISTANCE PROGRAMS Name of Applicant: The Applicant agrees to comply with applicable provisions of Groups 01 — 24. OR The Applicant agrees to comply with applicable provisions of the Groups it has selected: Group Description 1. Required Certifications and Assurances for Each Applicant. 2. Lobbying. 3. Private Sector Protections. 4. Procurement and Procurement System. 5. Rolling Stock Reviews and Bus Testing. 6. Demand Responsive Service. 7. Intelligent Transportation Systems. 8. Interest and Finance Costs and Leasing Costs. 9. Transit Asset Management and Agency Safety Plans. 10. Alcohol and Controlled Substances Testing. 11. Fixed Guideway Capital Investment Program (New Starts, Small Starts, and Core Capacity) and Capital Investment Program in Effect before MAP-21. 12. State of Good Repair Program. 13. Bus/Bus Facilities Programs. 14. Urbanized Area Formula Programs and Job Access and Reverse Commute (JARC) Program. 15. Seniors/Elderly/Individuals with Disabilities Programs and New Freedom Program. 16. Rural/Other Than Urbanized Areas/Appalachian Development/Over-the-Road Bus Accessibility Programs. 17. Public Transportation on Indian Reservations and "Tribal Transit Programs." 18. Low or No Emission/Clean Fuels Grant Programs. 19. Paul S Sarbanes Transit in Parks Program. 20. State Safety Oversight Program. 21. Public Transportation Emergency Relief Program. 22. Expedited Project Delivery Pilot Program. 23. Infrastructure Finance Programs. Page 19 of 23 MOU No. M-015-13: Section 5337 Program Funds 596 FEDERAL FISCAL YEAR 2013 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA funding and all FTA Grantees with an active Capital or Formula Project) AFFIRMATION OF APPLICANT Name of Applicant: Name and Relationship of Authorized Representative. BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these Certifications and Assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes and regulations, and follow applicable Federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its authorized representative makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2013, irrespective of whether the individual that acted on its Applicant's behalf continues to represent the Applicant. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply, as provided, to each Project for which the Applicant seeks now, or may later seek FTA funding during Federal Fiscal Year 2013. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature: Date: Full Name: Authorized Representative of Applicant: For (Name of Applicant): AFFIRMATION OF APPLICANT'S ATTORNEY As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA Project or Projects. Signature: Full Name: Attorney for Applicant: Date: Each Applicant for FTA funding and each FTA Grantee with an active Capital or Formula Project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year. Page 20 of 23 MOU No. M-015-13: Section 5337 Program Funds 597 ATTACHMENT A-2 Opt -Out Form Name of Eligible Direct Recipient (Public Entity): The Public Entity named above hereby elects not to sign the Grant Certification Form required under the Memorandum of Understanding among the Southern California Association of Governments (SCAG) and County Transportation Commissions (CTCs) for the Section 5337 State of Good Repair Grants Program. The Public Entity understands and agrees that SCAG shall not be obligated to allocate and that the County Transportation Commission (CTC), serving the county in which the Public Entity is located, shall not be obligated to sub -allocate Section 5337 Program funds to any entity which elects not to sign the Grant Certification Form. Such Public Entity that elects to Opt -Out shall sign and return this Opt -Out Form to SCAG's Grants Administrator within thirty (30) days of receiving notification from the respective CTC of the Direct Recipients' sub -allocation amount(s) ("Notice of "Sub -allocations"). The Public Entity agrees and understands that SCAG will initiate, upon receipt of this Opt -Out Form signed by the duly authorized representative of the Public Entity or upon the lapse of the 30-day notification period set forth above (whichever occurs first), the process to sub -allocate the Section 5337 Program funds among other Direct Recipients that provide fixed guideway and/or high intensity motorbus service within the SCAG regional boundaries and according to the statutory formulas set forth under 49 U.S.C.Section 5337, as applicable and as amended from time to time. Signature of Authorized Representative Date Name Name of Public Entity Address Any Eligible Direct Recipient that elects to opt -out of receiving 5337 Program Funds shall sign and return this Opt - Out Form to SCAG's Grants Administrator at the following address within thirty (30) days of receiving the Notice of Sub -allocations: Alfonso Hernandez, SCAG Grants Administrator 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 hernande@scaq.ca.gov Page 21 of 23 MOU No. M-015-13: Section 5337 Program Funds 598 Exhibit B Grants Administrator Contacts List The Southern California Association of Governments Full Name: Alfonso Hernandez Title/Dept: Senior Budget and Grants Analyst, Finance Agency: Southern California Association of Governments (SCAG) Mailing Street Address: 818 W. 7th Street, 12th Floor City, State and Zip Code: Los Angeles, CA 90017 Phone: 213-236-1897 Email: hernande@scaq.ca.gov Los Angeles County Metropolitan Transportation Authority Full Name: Frank Flores Title/Dept: Executive Officer, Countywide Planning Agency: LA County MTA Mailing Street Address: 1 Gateway Plaza City, State and Zip Code: Los Angeles, CA 90012 Phone: 213-922-2456 Mobile: 213-999-1443 Email: floresf@metro.net Orange County Transportation Authority Full Name: William J. Dineen Jr Title/Dept: Principal Financial Analyst, Grants Management Agency: Orange County Transportation Authority Mailing Street Address: 550 S. Main Street City, State and Zip Code: Orange, CA 92863 Phone: 714-560-5917 Email: wdineen@octa.net Riverside County Transportation Commission: Full Name: Josefina Clemente Title/Dept: Transit Program Manager Agency: Riverside County Transportation Commission Mailing Street Address: 4080 Lemon Street, 3rd Floor City, State and Zip Code: Riverside, CA 92501 Phone: 951-787-7141 Email: jclemente(c�rctc.orq San Bernardino Associated Governments Full Name: Vanessa Jezik Title/Dept: Transportation Analyst Agency: San Bernardino Associated Governments Mailing Street Address: 1170 W. 3rd Street, 2nd Floor City, State and Zip Code: San Bernardino, CA 92410-1715 Phone: 909-884-8276 Email: vjezik@sanbaq.ca.gov Page 22 of 23 MOU No. M-015-13: Section 5337 Program Funds 599 Exhibit C Notices Mr. Hasan Ikhrata Executive Director Southern California Association of Governments 818 West 7th Street, 12th Floor Los Angeles, CA 90017-3435 Mr. Arthur T. Leahy Chief Executive Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Mr. Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main St. P.O. Box 14184 Orange, CA 92863-1584 Ms. Anne Mayer Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Mr. Raymond Wolfe Executive Director San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Page 23 of 23 MOU No. M-015-13: Section 5337 Program Funds 600 ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND COUNTY TRANSPORTATION COMMISSIONS FOR THE SECTION 5339 BUS AND BUS FACILITIES FORMULA GRANTS PROGRAM (MOU No. M-016-13) RECITALS WHEREAS, the Southern California Association of Governments (SCAG) is a joint powers agency formed pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (Section 6500 et seq.) and is the Metropolitan Planning Organization (MPO) recognized under 23 United States Code (U.S.C.) Section 134 and 49 U.S.C. Section 5303; WHEREAS, SCAG is responsible for developing Regional Transportation Plans and Federal Transportation Improvement Programs (FTIPs), pursuant to 23 U.S.C. Section 134 et seq., 49 U.S.C. Section 5303 et seq., California Government Code Section 65080 et seq., and California Public Utilities Code Section 130300 et seq., and applicable regulations and guidance; WHEREAS, SCAG is the Designated Recipient (as defined in 49 U.S.0 Section 5302(4)) of Federal Transit Administration (FTA) Urbanized Area Formula Grants under 49 U.S.C. Section 5307 (Section 5307 Program) for the following large urbanized areas (UZAs) with populations of 200,000 or more (according to the latest U.S. Census) in the SCAG region: Los Angeles - Long Beach -Anaheim (UZA 2), Riverside -San Bernardino (UZA 22), Indio -Cathedral City (UZA 111), Santa Clarita (UZA 146), Murrieta-Temecula-Menifee (UZA 87), and Lancaster -Palmdale (UZA 112); WHEREAS, the Orange County Transportation Authority (OCTA), the Los Angeles County Metropolitan Transportation Authority (Metro), the San Bernardino Associated Governments (SANBAG) acting in its capacity as the San Bernardino County Transportation Commission, and the Riverside County Transportation Commission (RCTC) (referred to individually herein as a "CTC" and collectively as "CTCs") are responsible for developing short-range Transportation Improvement Programs (TIPs) for their respective counties in coordination with SCAG and the municipal transit operators (pursuant to California Public Utilities Code Section 130303 et seq.), and for submitting their TIPs to SCAG for recommended inclusion in the FTIP; WHEREAS, pursuant to the new two-year transportation reauthorization bill that was signed into law on July 6, 2012, the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), funding is authorized for the 49 U.S.0 Section 5339 Bus and Bus Facilities Formula Grants Program (Section 5339 Program); WHEREAS, the Federal Fiscal Year (FFY) is the accounting period for the federal government which begins on October 1 and ends on September 30; WHEREAS, MAP-21 authorizes funding for the Section 5339 Program for FFY 2012/2013 and FFY 2013/14 for capital projects to replace, rehabilitate, and purchase buses and related equipment, as well as to construct bus -related facilities; Page 1 of 26 MOU No. M-016-13: Section 5339 Program Funds 601 WHEREAS, the Section 5339 Program replaces the FTA Bus and Bus Facilities discretionary grants program previously under 49 U.S.C. Section 5309(b)(3); WHEREAS, FTA guidance specifies that the Designated Recipient of Section 5339 Program funds for large UZAs shall be the same as the Designated Recipient of Section 5307 Program funds for such areas; WHEREAS, SCAG, as the Designated Recipient of Section 5307 funds is also the Designated Recipient of 5339 Program funds for large UZAs identified herein within the SCAG region, and must apply to FTA on behalf of eligible Subrecipients for allocations of Section 5339 Program funds; WHEREAS, SCAG is further responsible for administering Section 5339 Program funds allocated to Subrecipients; WHEREAS, the CTCs are responsible for identifying any and all eligible Subrecipients of Section 5339 Program funds; WHEREAS, the CTCs are further responsible for sub -allocating Section 5339 Program funds among eligible Subrecipients identified by the CTCs within their respective counties consistent with the Section 5339 Program formula, and notifying SCAG and Subecipients of such sub - allocations and changes to such sub -allocations; WHEREAS, CTCs and all other Subrecipients of Section 5339 Program funds are responsible for compliance with all applicable grant requirements set forth in the FTA Master Agreement and annual FTA Certifications and Assurances; WHEREAS, all references to "days" shall mean calendar days, unless otherwise specified, in notification periods set forth herein; and WHEREAS, this Memorandum of Understanding ("MOU" or "Agreement") is entered into by SCAG and the CTCs (collectively referred to herein as the "Parties") in order to clarify the roles and responsibilities of the Parties with regard to implementation of the Section 5339 Program. NOW, THEREFORE, THE PARTIES HEREBY MUTUALLY AGREE AS FOLLOWS: 1. Incorporation of Recitals 1.1. The foregoing Recitals are hereby incorporated into and made part of this Agreement. 2. Roles and Responsibilities 2.1. Role and Responsibilities of SCAG 1) County and Inter -county Allocations: SCAG shall prepare the allocations of Section 5339 Program funds apportioned by FTA for large UZAs identified herein that do not expand over more than one county, and the inter -county allocations of Page 2 of 26 MOU No. M-016-13: Section 5339 Program Funds 602 Section 5339 Program funds apportioned by FTA for large UZAs identified herein that expand over more than one county (County and Inter -county Allocations). The County and Inter -county Allocations shall be based on the corresponding shares of the UZA's total bus vehicle revenue miles and passenger miles, respectively, consistent with the formula set forth in subparagraphs (c)(1) and (c)(2) of 49 U.S.0 Section 5336 used by FTA to apportion Section 5339 Program funds to large UZAs. SCAG shall prepare such allocations pursuant to the following process: a. SCAG shall provide to the CTCs a "Notice of Proposed County and Inter - County Allocations" for a thirty (30)-day review and comment period. b. Upon closure of the review and comment period, SCAG shall consider any requested revisions and comments received and make revisions as appropriate, then shall issue a "Notice of Final County and Inter -County Allocations." 2) Grant Certification and Opt -Out Forms: SCAG shall include with the Notice of Final County and Inter -County Allocations to the CTCs, the "Grant Certification Form," attached hereto and incorporated herein as Exhibit "A." The Grant Certification Form includes as attachments, the FTA Certifications and Assurances (Attachment A-1) in addition to the Opt -Out Form (Attachment A-2) as described in Section 2.3, paragraphs 9 and 10. SCAG shall include Instructions with such forms. Each CTC shall be responsible for distributing to and coordinating signatures by the Subrecipients identified by the CTC in their respective county, of either the Grant Certification Form or Opt -Out Form. SCAG shall receive either the Grant Certification Form or Opt -Out Form signed by each eligible Subrecipient identified by the CTC in their respective county prior to submittal of a grant application by SCAG for Section 5339 Program Funds. In no event shall SCAG submit a grant application for such funds in a county for which SCAG has not received all required documentation as set forth below in paragraph 5 of this Section 2.1. 3) Notify FTA of Sub -Allocations: Upon receipt of the Notices of Sub -allocations from the CTCs as set forth in paragraph 2 of Section 2.2 of this Agreement, SCAG shall transmit "funding split" letters notifying FTA of the sub -allocations of 5339 Program funds to Subrecipients in UZAs identified herein. 4) Applications Process: SCAG shall issue a "Call for Applications" at least biannually setting forth the application process and deadline for Subrecipients to submit Section 5339 Program grant applications to SCAG. SCAG shall combine and submit Subrecipient grant applications received by such deadline into FTA's Electronic Grant Management system. Furthermore, SCAG shall be responsible for the following grant management duties: a. Submitting Quarterly Milestones/Progress Reports and Federal Financial Reports to FTA; Page 3 of 26 MOU No. M-016-13: Section 5339 Program Funds 603 b. Submitting Final/Close-out Reports to FTA; c. Drawing -down grant funds on a reimbursement -basis, upon receipt and approval of a Subrecipient's invoice, via FTA's Electronic Clearing House Operation (ECHO) System; and d. Paying Subrecipients' approved invoices pursuant to Section 2.3, paragraph 5, of this Agreement. 5) Upon receipt of grant applications submitted to SCAG by the applicable deadline (set forth in SCAG's Call for Applications), SCAG shall submit grant applications directly to FTA, contingent upon SCAG's receipt of the following required documentation: a. This Agreement fully executed by the Parties; b. The Grant Certification Form (Exhibit A) signed by the Subrecipient's duly authorized representative; c. The FFY 2013 FTA Certifications and Assurances (Attachment A-1), attached to the Grant Certification Form or subsequent annual FTA Certifications and Assurances (published in the Federal Register), as applicable, signed by the Subrecipient's duly authorized representative and its attorney; and d. Any further documentation requested by SCAG or FTA to ensure compliance with the grant requirements. 6) Grant Tracking at UZA Levels: SCAG shall track grant activity of Section 5339 Program funds at UZA levels and share the balances with the Subrecipients, CTCs, and FTA upon request or as needed, but not less frequently than once per quarter of the FFY. 2.2. Role and Responsibilities of the CTCs 1) Review of Proposed County and Inter -County Allocations: Upon receipt from SCAG of the Notice of Proposed County and Inter -County Allocations, each CTC shall review and provide comments to SCAG as needed within thirty (30) days. 2) Sub -Allocations: Each CTC shall identify eligible Subrecipients of Section 5339 Program funds within their respective counties and shall sub -allocate funds based on the corresponding shares of the UZA's total bus vehicle revenue miles and passenger miles, respectively, consistent with the formula set forth in subparagraphs (c)(1) and (c)(2) of 49 U.S.0 Section 5336 used by FTA to apportion Section 5339 Program funds to large UZAs, pursuant to the following process: a. Each CTC shall provide a "Notice of Sub -allocations" to SCAG and to all Subrecipients in its county, within thirty (30) days of receiving the Notice of Page 4 of 26 MOU No. M-016-13: Section 5339 Program Funds 604 Final County and Inter -County Allocations from SCAG. The Notice of Sub - allocations shall include but is not limited to the following information, and all available funds shall be sub -allocated (without a remaining balance): i. Full name of the Subrecipient, ii. Dollar amounts of sub -allocations to each Subrecipient, iii. FFY of funding sub -allocations, and iv. Any other information requested by FTA. b. Each CTC shall be responsible for coordinating and obtaining signed Certification Forms or Opt -Out Forms as described in Section 2.1, paragraph 2, of this Agreement, from all eligible Subrecipients identified by the CTC in its respective county, and ensuring that such forms are submitted to SCAG prior to SCAG's submittal of the grant applications. 3) Funding Exchanges: The CTCs shall be responsible for managing and approving any exchanges of such funds with other federal, state, and/or local funds within the same UZA, in accordance with applicable federal, state and/or local requirements. Each CTC shall further notify SCAG of any and all revised sub -allocations within fifteen (15) days from the date of such revisions, to reflect any funding exchanges or in the event that any identified eligible Subrecipient opts -out of receiving its sub -allocation pursuant to Section 2.3, paragraph 10. Each CTC further agrees to provide SCAG with documentation of any exchanges of funds, upon request of SCAG or FTA. 4) Short-range Programming: The CTCs shall be responsible for programming eligible projects in their short-range TIPs that are submitted to SCAG for recommended inclusion in the FTIP. 2.3. Role and Responsibilities of Subrecipients 1) Definition of "Subrecipient:" For purposes of this Agreement, "Subrecipient" shall mean an eligible public agency or private nonprofit organization engaged in public transportation and identified by the CTC serving the county in which such public entity or nonprofit organization is located, to receive a sub -allocation of Section 5339 Program funds awarded by FTA, contingent upon meeting federal requirements and requirements set forth in this Section 2.3. "Subrecipients" may include CTCs. All Subrecipients shall agree to submit grant applications for this program to SCAG in accordance with the Call for Applications process established by SCAG. 2) CTC Certifications and Assurances: A CTC which applies for Section 5339 Funds shall also be considered a "Subrecipient" for purposes of this Agreement, and by signing this Agreement such CTC hereby agrees to accept responsibilities and comply with the requirements stated in this Agreement Page 5 of 26 MOU No. M-016-13: Section 5339 Program Funds 605 including but not limited to this Section 2.3. Each CTC understands and agrees that it shall not be entitled to elect the Opt -Out option set forth under paragraph 10 of this Section 2.3. 3) Applications and Grant Management Process: Subrecipients are responsible for submitting grant applications through SCAG's Call for Applications process to receive Section 5339 Program funds awarded by FTA to implement eligible, capital projects, contingent upon meeting federal requirements and requirements set forth in this Section 2.3. Subrecipients shall not submit grant applications on behalf of sub -tier recipients. All grant applications for projects eligible for funding as described herein, must be submitted by Subrecipients through SCAG's Call for Applications process. All requested revisions or amendments to approved applications must be submitted to SCAG. 4) Grant Requirements: The responsibilities of Subrecipients include, but are not limited to, the following: a. FTA Master Agreement: Each Subrecipient agrees to comply in the same capacity as the "Recipient" with applicable terms and conditions of the FTA Master Agreement, FTA MA (19) dated October 1, 2012 (www.fta.dot.gov/documents/19-Master.pdf) and any agreement which supersedes and replaces it. b. Annual FTA Certifications and Assurances: By signing the FFY 2013 FTA Certifications and Assurances, attached hereto and incorporated herein as Attachment A-1, each Subrecipient certifies in the same capacity as the "Applicant" that it shall comply with the applicable annual FTA Certifications and Assurances (published annually in the Federal Register). Upon publication of the FFY 2014 FTA Certifications and Assurances form, and for each additional FFY for which Congress authorizes and appropriates Section 5339 Program funds, each Subrecipient shall sign and submit a copy of such form to SCAG prior to applying for any of such funds. c. Documentation: Each Subrecipient shall submit to SCAG any documentation reasonably requested by SCAG to assure the validity of all above -referenced Certifications and Assurances. d. Transit Asset Management Plans: Each Subrecipient shall agree to the following: i. It will develop a Transit Asset Management Plan that complies with: a) 49 U.S.C. Section 5326 et seq., as amended by MAP-21; b) Federal regulations pertaining to the National Transit Asset Management System required to be issued by 49 U.S.C. Section 5326(d), as amended by MAP-21; Page 6 of 26 MOU No. M-016-13: Section 5339 Program Funds 606 c) Performance Measures required to be issued by 49 U.S.C. Section 5326(c)(1) and Targets per 49 U.S.C. Section 5326(c)(2); and d) Other applicable federal laws and regulations ii. It will develop a Transit Asset Management Plan that is consistent with Federal guidance developed or to be developed to implement 49 USC Section 5326, as amended by MAP-21. iii. It will provide progress and performance reports to SCAG to enable compliance with the requirements of 49 U.S.C. Section 5326(c)(3), as amended by MAP-21. iv. Transit Asset Management Plans shall at minimum include capital asset inventories and condition assessments, and investment prioritization. Subrecipients shall further report on the condition of their system and any change in condition since the last report and submit such reports into the FTA's National Transit Database (NTD). The Subrecipient shall submit to SCAG performance measures and targets adopted as part of such plans, and any other related documentation requested by SCAG. 5) Invoices: Upon approval of SCAG's grant applications by FTA and commencement of approved projects under the Section 5339 Program, Subrecipients shall submit invoices to SCAG for reimbursement of incurred, eligible and allowable grant program costs. Such costs shall comply with all applicable federal cost principles and other related requirements, and shall serve as the only costs eligible for reimbursement by SCAG. Upon approval of invoices by SCAG, SCAG shall draw -down funds from FTA's ECHO System, and shall pay the Subrecipient upon receipt of payment by FTA. a. Invoices shall comply with the Invoice Format included in SCAG's Call for Applications package. The required, local match (20%) shall be deducted by the Subrecipient and reflected in each Invoice. The Authorized Representative of each Subrecipient agrees to sign the Match Certification Statement on each Invoice. All invoices shall be submitted at least quarterly and no more frequently than monthly, and contain the following information: i. Name of Subrecipient expending the Section 5339 Program funds; ii. UZA name and number for which the project funds are being reported; iii. A listing of the FTA grant number(s) being reported, with their respective project budget line item (ALI Codes), project category, approved FTA amount, and description of the funded projects; iv. Invoice period and corresponding Progress Report in narrative format; Page 7 of 26 MOU No. M-016-13: Section 5339 Program Funds 607 v. Explanation if there is no activity; and vi. All back-up documentation to support the costs and local match stated in each Invoice must be attached to each Invoice, and additional documentation regarding costs or local match shall be provided to SCAG upon request. b. Indirect Costs: For reimbursement of indirect costs, Subrecipients shall not be entitled to reimbursement of indirect costs unless a copy of an applicable, indirect cost plan (ICAP) approved by a cognizant agency, has been received by SCAG. However, the last approved ICAP shall remain in place until each new annual plan is approved, so long as such practice is allowed under applicable federal and state requirements. Subrecipients shall submit a copy of such ICAP to SCAG prior to the submittal of the first Invoice of each Federal Fiscal Year. c. All invoices shall be submitted by Subrecipients to the following email address: AccountsPayable a(�scaq.ca.gov. d. SCAG shall maintain final approval authority of invoices submitted under this Agreement. 6) Quarterly Reports: Each Subrecipient shall submit Quarterly Reports to SCAG in a Quarterly Report Format to be provided by SCAG and which at minimum shall contain the following information, and any additional information as may be required by SCAG or FTA: a. Name of Subrecipient expending the Section 5339 Program funds; b. UZA name and number for which the funds are being reported; c. A listing of the FTA grant number(s) being reported, with their respective project budget line item (ALI Codes), project category, approved FTA amount, and description of the funded projects; and d. Federal Fiscal Year (FFY) Quarterly Milestones/Progress Reports in a narrative format. Quarterly Reports shall be submitted no later than fifteen (15) days after each FFY quarter has ended, to the attention of SCAG's Grants Administrator (Alfonso Hernandez or other person identified by SCAG). SCAG shall promptly notify the Parties in the event of a change in the person identified in this paragraph as the recipient of the Quarterly Reports. 7) Audits: In accordance with the FTA Master Agreement and applicable federal law and regulations, Subrecipients agree to retain and require its contractors and other third party participants to retain complete and readily accessible records related in whole or part to the Section 5339 Program ("Records"). Records Page 8 of 26 MOU No. M-016-13: Section 5339 Program Funds 608 required to be retained include but are not limited to data, documents, reports, statistics, leases, third party contracts or agreements, arrangements, and other supporting materials related to those records. a. Subrecipients shall retain Records for the period required under the FTA Master Agreement, and shall make the Records available for inspection and audit by representatives of SCAG, the State, or the Federal Government upon request. Copies of the Records shall be made and furnished to SCAG upon request at no cost to SCAG. b. Any costs for which a Subecipient receives payment that is determined by a subsequent audit or other review by SCAG, State or Federal authorities to be unallowable under, but not limited to, OMB Circular A-87; 48 CFR, Chapter 1, Part 31; or 49 CFR, Part 18, and earned interest due, are to be repaid by the Subrecipient within thirty (30) days of such Subrecipient receiving notice of audit findings and a written demand for reimbursement from SCAG. Should the Subecipient fail to reimburse unallowable costs and interest due SCAG within thirty (30) days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold future payments due to the Subrecipient. 8) Reports and Forms: Upon approval of grant applications by FTA, as applicable, Subrecipients shall submit to SCAG the following reports and forms which relate to the Section 5339 Program: a. b. c. Quarterly Milestones/Progress Reports during the current FFY; Disadvantaged Business Enterprise (DBE) reports and all other reports and documentation required by FTA; Final/Close-out Reports; d. IRS W-9 Form; e. Banking information which includes name of the financial institute, ACH routing number, and account number; and f. Any other documents or reports requested by FTA or SCAG. 9) Grant Certification Form: Each Subrecipient, excluding a CTC who is a Subrecipient, shall execute and submit to SCAG, in advance of submitting a grant application for Section 5339 Program funds to SCAG and no later than fifteen (15) days after receiving a Notice of Sub -allocations from the CTC a signed Grant Certification Form (Exhibit A) including a signed FFY 2013 FTA Certifications and Assurances (Attachment A-1). Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5339 Program funds, each Subrecipient shall sign and submit a copy to SCAG of the applicable FTA Certifications and Assurances form, prior to applying for such funds. SCAG shall Page 9 of 26 MOU No. M-016-13: Section 5339 Program Funds 609 not allocate and the CTCs shall not sub -allocate, as applicable, any Section 5339 Program funds to a Subrecipient who has not executed a Grant Certification Form and applicable FTA Certifications and Assurances form. 10) Opt -Out Option: In the event an eligible Subrecipient, excluding a CTC who is a Subrecipient, elects not to apply for Section 5339 Program funds and does not execute the Grant Certification Form described in paragraph 9 of this Section 2.3, the Subrecipient shall sign and return the Opt -Out Form (Attachment A-2). A Subrecipient that elects to opt -out, as described herein, shall sign and return to SCAG's Grants Administrator the required Opt -Out Form within thirty (30) days of receiving the Notice of Sub -Allocations from the CTC serving the county in which the Subrecipient is located. Upon receipt by SCAG of the Opt -Out Form signed by a Subrecipient's duly authorized representative or upon the lapse of the thirty (30)-day notification period, the respective CTC shall initiate the process to sub - allocate the applicable Section 5339 Program funds among other eligible Subrecipients within its regional boundaries consistent with the statutory formulas set forth subparagraphs (c)(1) and (c)(2) of 49 U.S.0 Section 5336 used by FTA to apportion Section 5339 Program funds to large UZAs and based on the corresponding shares of the total bus vehicle revenue miles and passenger miles of other eligible Subrecipients within the CTC's boundaries, respectively, as applicable and as amended from time to time. In any event, this Agreement shall remain fully binding and enforceable among the signatory parties. 3. General Provisions 3.1. Term of Agreement: This Agreement shall commence on the Effective Date of the Agreement and continue in full force unless a party withdraws from this Agreement or this Agreement is terminated in accordance with Section 3.7. 3.2. Drafting: This Agreement has been prepared, reviewed and endorsed by the Parties. 3.3. Amendments: This Agreement may be amended only by the execution by the Parties of a written amendment. 3.4. Jurisdiction and Venue: This Agreement shall be deemed an Agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be in Los Angeles County, California. Page 10 of 26 MOU No. M-016-13: Section 5339 Program Funds 610 3.5. Non -assignment: No party may assign this Agreement, or any part thereof, without the written consent of each party to this Agreement. 3.6. Indemnity: Each respective CTC agrees to indemnify, defend and hold harmless SCAG and its officers, agents and employees from and against any and all claims, demands, costs, or liability arising from or connected with intentional or negligent acts, errors or omissions, any violations of law, or any violations of the terms and conditions of this Agreement (including non-compliance with the FTA Master Agreement and annual FTA Certifications and Assurances) attributable to performance of the responsibilities as set forth in this MOU by the CTC or its officers, agents, employees, contractors and subcontractors, except to the extent caused by the negligence or willful misconduct of SCAG. 3.7. Withdrawal and Termination: 1) Any party may withdraw from this Agreement upon thirty (30) days written notice to each party, provided that the notice of withdrawal sets forth the effective date of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall provide that the Parties meet during the period prior to the effective date of withdrawal to try to resolve any dispute, if applicable. In the event that the withdrawal is for cause, the withdrawal shall not be effective if the party cures the default in its performance within the thirty (30) day period. 2) SCAG shall notify FTA of the withdrawal from this Agreement of any CTC and shall administer and sub -allocate Section 5339 Program funds to eligible Subrecipients, as applicable, within a county of such CTC that is not a party to this Agreement. 3) SCAG may terminate this Agreement at any time, upon thirty (30) days written notice to each party provided that the notice of termination sets forth the effective date of termination. Such termination clause may be invoked by SCAG in the following circumstances including but not limited to: in the event that the Section 5339 Program is no longer funded by Congress and the fund balances have been exhausted, or in the event that SCAG is no longer the Designated Recipient of Section 5339 Program funds for a UZA or UZAs identified herein. 3.8. Disputes: Except as otherwise provided in this Agreement, any dispute arising under this Agreement which is not disposed of by mutual agreement shall be decided through binding arbitration by a three (3) member panel in accordance with the rules of the American Arbitration Association. 3.9. Counterparts: This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. Page 11 of 26 MOU No. M-016-13: Section 5339 Program Funds 611 3.10. Contact List: The names and contact information for the grants administrator representing each party are identified in the Grants Administrator Contacts List, attached hereto and incorporated herein as Exhibit "B." Each Party shall promptly notify all other parties in the event of a change in the Grant Administrator's name or contact information. 3.11 Notice: Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the names and addresses attached hereto and incorporated herein as Exhibit "C." 3.12. Effective Date: This Agreement shall be effective on the date (meaning the last date indicated below) all parties have fully executed this Agreement. 3.13. Entire Agreement: This Agreement contains the entire agreement and understanding of the Parties relating to the subject matter hereof, and the Parties have made no agreement or representation relating to the subject matter hereof which are not set forth herein. [Signatures on following pages] Page 12 of 26 MOU No. M-016-13: Section 5339 Program Funds 612 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. The Southern California Association of Governments By: Date: Hasan Ikhrata Executive Director Approved as to Form: Joanna Africa Chief Counsel Page 13 of 26 MOU No. M-016-13: Section 5339 Program Funds Date: 613 Los Angeles County Metropolitan Transportation Authority By: Date: Arthur T. Leahy Chief Executive Officer Approved as to Form: JOHN F. KRATTLI County Counsel By: Date: Deputy Page 14 of 26 MOU No. M-016-13: Section 5339 Program Funds 614 Orange County Transportation Authority By: Date: Darrell Johnson Chief Executive Director Approved as to Form: Legal Counsel Page 15 of 26 MOU No. M-016-13: Section 5339 Program Funds Date: 615 Riverside County Transportation Commission: By: Date: Anne Mayer Executive Director Approved as to Form: Legal Counsel Page 16 of 26 MOU No. M-016-13: Section 5339 Program Funds Date: 616 San Bernardino Associated Governments: By: Date: Raymond Wolfe Executive Director Approved as to Form: Eileen Monaghan Teichert General Counsel Page 17 of 26 MOU No. M-016-13: Section 5339 Program Funds Date: 617 EXHIBIT A GRANT CERTIFICATION FORM Section 5339 Bus and Bus Facilities Grants Program (Section 5339 Program) This Grant Certification Form is required to be signed by all Subrecipients of Section 5339 Program Funds, pursuant to the Memorandum of Understanding among the Southern California Association of Governments (SCAG) and County Transportation Commissions for the Section 5339 Bus and Bus Facilities Formula Grants Program. 1. Definition of "Subrecipient:" For purposes of administering the Section 5339 Program, "Subrecipient" shall mean an eligible public agency or private nonprofit organization engaged in public transportation and identified by the CTC serving the county in which such public entity or nonprofit organization is located, to receive a sub -allocation of Section 5339 Program funds awarded by FTA, contingent upon meeting federal requirements and requirements set forth in Section 2.3 of MOU No. M-016-13. "Subrecipients" may include CTCs. All Subrecipients shall agree to submit grant applications for this program to SCAG in accordance with the Call for Applications process established by SCAG. 2. Applications and Grant Management Process: Subrecipients are responsible for submitting grant applications through SCAG's Call for Applications process to receive Section 5339 Program funds awarded by FTA to implement eligible, capital projects, contingent upon meeting federal requirements and requirements set forth in Section 2.3 of MOU No. M-016-13. Subrecipients shall not submit grant applications on behalf of sub -tier recipients. All grant applications for projects eligible for funding as described herein, must be submitted by Subrecipients through SCAG's Call for Applications process. 3. Grant Requirements: The responsibilities of Subrecipients include, but are not limited to, the following: a. FTA Master Agreement: Each Subrecipient agrees to comply in the same capacity as the "Recipient" with applicable terms and conditions of the FTA Master Agreement, FTA MA (19) dated October 1, 2012 (www.fta.dot.gov/documents/19-Master.pdf) and any agreement which supersedes and replaces it. b. Annual FTA Certifications and Assurances: The Subrecipient agrees to sign the Federal Fiscal Year (FFY) 2013 FTA Certifications and Assurances, attached hereto and incorporated herein as Attachment "A-1." Each Subrecipient certifies in the same capacity as the "Applicant" that it shall comply with the applicable annual FTA Certifications and Assurances (published annually in the Federal Register). Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5339 Program funds, each Subrecipient shall sign and submit a copy of such form to SCAG prior to applying for any of such funds. c. Documentation: Each Subrecipient shall submit to SCAG any documentation reasonably requested by SCAG to assure the validity of all above -referenced FTA Certifications and Assurances. d. Transit Asset Management Plans: Each Subrecipient shall agree to the following: i. It will develop a Transit Asset Management Plan that complies with: 1. 49 U.S.C. Section 5326 et seq., as amended by MAP-21; 2. Federal regulations pertaining to the National Transit Asset Management System required to be issued by 49 U.S.C. Section 5326(d), as amended by MAP-21; 3. Performance Measures required to be issued by 49 U.S.C. Section 5326(c)(1) and Targets per 49 U.S.C. Section 5326(c)(2); and 4. Other applicable federal laws and regulations; ii. It will develop a Transit Asset Management Plan that is consistent with Federal guidance developed or to be developed to implement 49 USC Section 5326, as amended by MAP-21. iii. It will provide progress and performance reports to SCAG to enable compliance with the requirements of 49 U.S.C. Section 5326(c)(3), as amended by MAP-21. iv. Transit Asset Management Plans shall at minimum include capital asset inventories and condition assessments, and investment prioritization. Subrecipients shall further report on the condition of their system and any change in condition since the last report and submit such reports into the FTA's National Transit Database (NTD). The Subrecipient shall submit to Page 18 of 26 MOU No. M-016-13: Section 5339 Program Funds 618 SCAG performance measures and targets adopted as part of such plans, and any other related documentation requested by SCAG. 4. Invoices. Upon approval of SCAG's grant applications by FTA and commencement of approved projects under the Section 5339 Program, Subrecipients shall submit Invoices to SCAG for reimbursement of incurred, eligible and allowable grant program costs. Such costs shall comply with all applicable federal cost principles and other related requirements, and shall serve as the only costs eligible for reimbursement by SCAG. Upon approval of Invoices by SCAG, SCAG shall draw -down funds from FTA's ECHO System, and shall pay the Subrecipient upon receipt of payment by FTA. a. Invoices shall comply with the Invoice Format included in SCAG's Call for Applications Package. The required, local match (20%) shall be deducted by the Subrecipient and reflected in each Invoice. The Authorized Representative of each Subrecipient agrees to sign the Match Certification Statement on each Invoice. All invoices shall be submitted at least quarterly and no more frequently than monthly, and contain the following information: i. Name of Subrecipient expending the Section 5339 Program funds; ii. UZA name and number for which the project funds are being reported; iii. A listing of the FTA grant number(s) being reported, with their respective project budget line item (ALI Codes), project category, approved FTA amount, and description of the funded projects; iv. Invoice period and corresponding Progress Report in narrative format; v. Explanation if there is no activity; and vi. All back-up documentation to support the costs and local match stated in each Invoice must be attached to each Invoice, and additional documentation regarding costs or local match shall be provided to SCAG upon request. b. FTA Master Agreement: Each Subrecipient agrees to comply in the same capacity as the "Recipient" with applicable terms and conditions of the FTA Master Agreement, FTA MA (19) dated October 1, 2012 (www.fta.dot.gov/documents/19-Master.pdf) and any agreement which supersedes and replaces it. c. Annual FTA Certifications and Assurances: The Subrecipient agrees to sign the Federal Fiscal Year (FFY) 2013 FTA Certifications and Assurances, attached hereto and incorporated herein as Attachment "A-1." Each Subrecipient certifies in the same capacity as the "Applicant" that it shall comply with the applicable annual FTA Certifications and Assurances (published annually in the Federal Register). Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5339 Program funds, each Subrecipient shall sign and submit a copy of such form to SCAG prior to applying for any of such funds. d. Indirect Costs: For reimbursement of indirect costs, Subrecipients shall not be entitled to reimbursement of indirect costs unless a copy of an applicable indirect cost plan (ICAP) approved by a cognizant agency, has been received by SCAG. However, the last approved ICAP shall remain in place until each new annual plan is approved, so long as such practice is allowed under applicable federal and state requirements. Subrecipients shall submit a copy of such ICAP to SCAG prior to the submittal of the first Invoice of each Federal Fiscal Year. e. All invoices shall be submitted by Subrecipients to the following email address: AccountsPayable@scag.ca.gov. f. SCAG shall maintain final approval authority of invoices submitted under this Agreement. 5. Quarterly Reports: Each Subrecipient shall submit Quarterly Reports to SCAG which contain the following information, and any additional information as may be required by SCAG or FTA: a. Name of Subrecipient expending the Section 5339 Program funds; b. UZA name and number for which the funds are being reported; c. A listing of the FTA grant number(s) being reported, with their respective project budget line item (ALI Codes), project category, approved FTA amount, and description of the funded projects; and d. Federal Fiscal Year (FFY) Quarterly Milestones/Progress Reports in a narrative format. Page 19 of 26 MOU No. M-016-13: Section 5339 Program Funds 619 Quarterly Reports shall be submitted no later than fifteen (15) days after each FFY quarter has ended, to the attention of SCAG's Grants Administrator (Alfonso Hernandez or other person identified by SCAG). SCAG shall promptly notify all Subrecipients in the event of a change in the person identified in this paragraph as the recipient of the Quarterly Reports. 6. Audits: In accordance with the FTA Master Agreement and applicable federal law and regulations, Subrecipients agree to retain and require its contractors and other third party participants to retain complete and readily accessible records related in whole or part to the Section 5339 Program ("Records"). Records required to be retained include but are not limited to data, documents, reports, statistics, leases, third party contracts or agreements, arrangements, and other supporting materials related to those records. a. Subrecipients shall retain Records for the period required under the FTA Master Agreement, and shall make the Records available for inspection and audit by representatives of SCAG, the State, or the Federal Government upon request. Copies of the Records shall be made and furnished to SCAG upon request at no cost to SCAG. b. Any costs for which a Subecipient receives payment that is determined by a subsequent audit or other review by SCAG, State or Federal authorities to be unallowable under, but not limited to, OMB Circular A-87; 48 CFR, Chapter 1, Part 31; or 49 CFR, Part 18, and earned interest due, are to be repaid by the Subrecipient within thirty (30) days of such Subrecipient receiving notice of audit findings and a written demand for reimbursement from SCAG. Should the Subecipient fail to reimburse unallowable costs and interest due SCAG within thirty (30) days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold future payments due to the Subrecipient. 7. Reports and Forms: Upon approval of grant applications by FTA, as applicable, Subrecipients shall submit to SCAG the following documents and reports which relate to the Section 5339 Program: a. Quarterly Milestones/Progress Reports during the current FFY; b. Disadvantaged Business Enterprise (DBE) reports and all other reports and documentation required by FTA; c. Final/Close-out Reports; d. IRS W-9 Form; e. Banking information which includes name of the financial institute, ACH routing number, and account number; and f. Any other documents or reports requested by FTA or SCAG. 8. Sub -allocations Process: The Subrecipient hereby understands and agrees that it shall execute and submit to SCAG, in advance of submitting a grant application for Section 5339 Program funds to FTA and no later than fifteen (15) days after receiving a Notice of Sub -allocations from the CTC serving the county in which the Subrecipient is located, this Grant Certification Form and the FFY 2013 FTA Certifications and Assurances, signed by the duly authorized representative of the Subrecipient. Upon publication of the FFY 2014 FTA Certifications and Assurances, and for each additional FFY for which Congress authorizes and appropriates Section 5339 Program funds, each Subrecipient shall sign and submit a copy to SCAG of the applicable FTA Certifications and Assurances form, prior to SCAG's submittal of an application for such funds. SCAG shall not allocate and the CTCs shall not sub -allocate, as applicable, any Section 5339 Program funds to a Subrecipient who has not executed a Grant Certification Form and applicable FTA Certifications and Assurances form. 9. Opt -Out Option: In the event an eligible Subrecipient, excluding a CTC who is a Subrecipient, elects not to apply for Section 5339 Program funds and does not execute the Grant Certification Form, the Subrecipient shall elect to sign and return the attached Opt -Out Form, attached hereto and incorporated herein as Attachment "A-2." A Subrecipient that elects to opt -out, as described herein, shall sign and return to SCAG's Grants Administrator the attached Opt -Out Form within thirty (30) days of receiving the Notice of Sub -Allocations from the CTC serving the county in which the Subrecipient is located. Upon receipt by SCAG of the Opt -Out Form signed by a Subrecipient's duly authorized representative or upon the lapse of the 30-day notification period, SCAG and the respective CTC shall initiate the process to sub -allocate the Section 5339 Program funds among other eligible Subrecipients within the SCAG regional boundaries and according to the statutory formulas set forth under 49 U.S.C. Section 5339, as applicable and as amended from time to time. 10. Indemnity: The Subrecipient agrees to indemnify, defend and hold harmless SCAG and its respective officers, agents and employees from and against any and all claims, demands, costs, or liability arising from or connected with intentional or negligent acts, errors or omissions, any violations of law, or any violations of the terms and conditions of Page 20 of 26 MOU No. M-016-13: Section 5339 Program Funds 620 this Certification Form (including non-compliance with the FTA Master Agreement and annual FTA Certifications and Assurances) attributable to performance of the responsibilities as set forth herein by the Subrecipient or its officers, agents, employees, contractors and subcontractors, except to the extent caused by the negligence or willful misconduct of SCAG. BY SIGNING BELOW, on behalf of the Subrecipient, I declare under penalty of perjury that the Subrecipient has duly authorized me to sign this Grant Certification Form, and bind the recipient's compliance. Thus, the Subrecipient agrees to comply with all requirements set forth herein. Signature of Authorized Representative Name/Signature of Auth Rep Date Name of Subrecipient Address Return Form To: Alfonso Hernandez, SCAG Grants Administrator 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 hernande@scac.ca.gov Page 21 of 26 MOU No. M-016-13: Section 5339 Program Funds 621 ATTACHMENT A-1 FEDERAL FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSITADMINISTRATION ASSISTANCE PROGRAMS Name of Applicant: The Applicant agrees to comply with applicable provisions of Groups 01 — 24. OR The Applicant agrees to comply with applicable provisions of the Groups it has selected: Group Description 1. Required Certifications and Assurances for Each Applicant. 2. Lobbying. 3. Private Sector Protections. 4. Procurement and Procurement System. 5. Rolling Stock Reviews and Bus Testing. 6. Demand Responsive Service. 7. Intelligent Transportation Systems. 8. Interest and Finance Costs and Leasing Costs. 9. Transit Asset Management and Agency Safety Plans. 10. Alcohol and Controlled Substances Testing. 11. Fixed Guideway Capital Investment Program (New Starts, Small Starts, and Core Capacity) and Capital Investment Program in Effect before MAP-21. 12. State of Good Repair Program. 13. Bus/Bus Facilities Programs. 14. Urbanized Area Formula Programs and Job Access and Reverse Commute (JARC) Program. 15. Seniors/Elderly/Individuals with Disabilities Programs and New Freedom Program. 16. Rural/Other Than Urbanized Areas/Appalachian Development/Over-the-Road Bus Accessibility Programs. 17. Public Transportation on Indian Reservations and "Tribal Transit Programs." 18. Low or No Emission/Clean Fuels Grant Programs. 19. Paul S Sarbanes Transit in Parks Program. 20. State Safety Oversight Program. 21. Public Transportation Emergency Relief Program. 22. Expedited Project Delivery Pilot Program. 23. Infrastructure Finance Programs. Page 22 of 26 MOU No. M-016-13: Section 5339 Program Funds 622 FEDERAL FISCAL YEAR 2013 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA funding and all FTA Grantees with an active Capital or Formula Project) AFFIRMATION OF APPLICANT Name of Applicant: Name and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these Certifications and Assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes and regulations, and follow applicable Federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its authorized representative makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2013, irrespective of whether the individual that acted on its Applicant's behalf continues to represent the Applicant. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply, as provided, to each Project for which the Applicant seeks now, or may later seek FTA funding during Federal Fiscal Year 2013. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature: Date: Full Name: Authorized Representative of Applicant: For (Name of Applicant): AFFIRMATION OF APPLICANT'S ATTORNEY As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA Project or Projects. Signature: Full Name: Attorney for Applicant: Date: Each Applicant for FTA funding and each FTA Grantee with an active Capital or Formula Project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year. Page 23 of 26 MOU No. M-016-13: Section 5339 Program Funds 623 ATTACHMENT A-2 Opt -Out Form Name of Eligible Subrecipient (Public Entity): The Public Entity named above hereby elects not to sign the Grant Certification Form required under the Memorandum of Understanding among the Southern California Association of Governments (SCAG) and County Transportation Commissions (CTCs) for the Section 5339 Bus and Bus Facilities Grants Program. The Public Entity understands and agrees that SCAG shall not be obligated to allocate and that the County Transportation Commission (CTC), serving the county in which the Public Entity is located, shall not be obligated to sub -allocate Section 5339 Program funds to any entity which elects not to sign the Grant Certification Form. Such Public Entity that elects to opt -out shall sign and return this Opt -Out Form to SCAG's Grants Administrator within thirty (30) days of receiving notification from the respective CTC of the Subrecipients' sub -allocation amount(s) ("Notice of Sub -allocations"). The Public Entity agrees and understands that the respective CTC will initiate, upon receipt of this Opt -Out Form signed by the duly authorized representative of the Public Entity or upon the lapse of the 30-day notification period set forth above (whichever occurs first), the process to sub -allocate the Section 5339 Program funds among other eligible Subrecipients within its regional boundaries and consistent with the statutory formulas set forth subparagraphs (c)(1) and (c)(2) of 49 U.S.0 Section 5336 used by FTA to apportion Section 5339 Program funds to large UZAs and based on the corresponding shares of the total bus vehicle revenue miles and passenger miles of other eligible Subrecipients within the CTC's boundaries, respectively, as applicable and as amended from time to time. Signature of Authorized Representative Date Name Name of Public Entity Address Any Eligible Subrecipient that elects to opt -out of receiving 5339 Program Funds shall sign and return this Opt -Out Form to SCAG's Grants Administrator at the following address within thirty (30) calendar days of receiving the Notice of Sub -allocations: Alfonso Hernandez, SCAG Grants Administrator 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 hernande@scaq.ca.gov Page 24 of 26 MOU No. M-016-13: Section 5339 Program Funds 624 Exhibit B Grants Administrator Contacts List The Southern California Association of Governments Full Name: Alfonso Hernandez Title/Dept: Senior Budget and Grants Analyst, Finance Mailing Street Address: 818 W. 7th Street, 12th Floor City, State and Zip Code: Los Angeles, CA 90017 Phone: 213-236-1897 Email: hernande@scag.ca.gov Los Angeles County Metropolitan Transportation Authority Full Name: Frank Flores Title/Dept: Executive Officer, Countywide Planning Mailing Street Address: 1 Gateway Plaza City, State and Zip Code: Los Angeles, CA 90012 Phone: 213-922-2456 Email: floresf@metro.net Orange County Transportation Authority Full Name: William J Dineen Jr Title/Dept: Principal Financial Analyst, Grants Management Mailing Street Address: 550 S. Main Street City, State and Zip Code: Orange, CA 92863 Phone: 714-560-5917 Email: wdineen@octa.net Riverside County Transportation Commission: Full Name: Josefina Clemente Title/Dept: Principal Financial Analyst, Grants Management Mailing Street Address: 4080 Lemon Street, 3rd Floor City, State and Zip Code: Riverside, CA 92501 Phone: 951-787-7141 Email: jclemente(a�rctc.orq San Bernardino Associated Governments Full Name: Vanessa Jezik Title/Dept: Transportation Analyst Mailing Street Address: 1170 W. 3rd Street, 2nd Floor City, State and Zip Code: San Bernardino, CA 92410-1715 Phone: 909-884-8276 Email: vjezik@sanbag.ca.gov Page 25 of 26 MOU No. M-016-13: Section 5339 Program Funds 625 Exhibit C Notices Mr. Hasan Ikhrata Executive Director Southern California Association of Governments 818 West 7th Street, 12th Floor Los Angeles, CA 90017-3435 Mr. Arthur T. Leahy Chief Executive Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 Mr. Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main St. P.O. Box 14184 Orange, CA 92863-1584 Mr. Raymond Wolfe Executive Director San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Mrs. Anne Mayer Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Page 26 of 26 MOU No. M-016-13: Section 5339 Program Funds 626 AGENDA ITEM 8S RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and Federal Legislative Update BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file an update on state and federal legislation; and 2) Adopt an OPPOSE position to SB 594 (Hill). BACKGROUND INFORMATION: State Update This report comes to the committee during the final week of the legislature's regular calendar, meaning the fate of many bills on important topics is in constant flux. This report represents a snapshot as of August 15; a more complete update will be available during the committee meeting and in the final report submitted to the Commission on September 11. Design -Build The Commission registered support for AB 401 (Daly) at its June meeting. This bill would allow best -value design -build for the Interstate 405 widening project in Orange County by the Orange County Transportation Authority (OCTA). AB 401 was very similar to AB 2098 (Miller) that the Commission sponsored and successfully steered through the Governor's desk in 2010 for the State Route 91 Corridor Improvement Project (SR-91 CIP). However, in late August the bill was amended significantly to become a bill of statewide application. AB 401 is now a comprehensive design -build bill that accomplishes the following: • Extends the state's design -build pilot program sunset date from 2018 to 2024; • Provides unlimited design -build authority for regional transportation agencies (such as the Commission) on the state highway system; • Increases the number of design -build projects that Caltrans can perform; and • Specifies the role of Caltrans in the performance of construction inspection services on design -build projects, similar to the structure of the SR-91 CIP. Agenda Item 8S 627 These amendments to AB 401 are the result of negotiations between private sector labor groups, the construction industry, Self -Help Counties, Professional Engineers in California Government, and Senate Leadership. While the amendments have no impact on the SR-91 CIP, they will have impacts on future Commission projects such as the 1-15 Corridor Improvement Project and any other major projects in Riverside County that would benefit from the use of design -build. AB 401 would eliminate the need to run special legislation in the future as was done with SR-91, and provides more time for projects to qualify under the extended sunset date. Inasmuch as the bill's new language allows for project management structures such as what is being implemented on the SR-91 CIP, Commission staff encourages the Commission to remain supportive of AB 401. AB 401 was approved by the Senate Transportation & Housing Committee by a 9-1 vote on Tuesday August 20. The Commission's lobbyist testified in support of the bill and answered questions from committee members regarding the Commission's experience with SR-91 design - build per the requirements of AB 2098 (Miller). Local Senator Richard Roth voted in favor of AB 401. The bill is opposed by Associated General Contractors (AGC) and the Association of California Engineering Companies (ACEC) out of concern for the role given to Caltrans inspectors on design -build projects. The bill now moves to Senate Appropriations Committee. CEQA Modernization Proponents of modernization (or reform) of the California Environmental Quality Act (CEQA) during this legislative session have widely expressed disappointment and frustration at the results thus far. The only bill getting focused attention on this topic is SB 731 (Steinberg). On August 6, the bill was amended to focus on revising level of significance thresholds for infill development projects. The bill also requires online reporting of mitigation monitoring plans for projects and eliminates language that stated the author's intent to address the issue of late hits and document dumps. In summary, the bill completely ignores the legislative priorities of the CEQA Working Group, of which the Commission is a member. The CEQA Working Group has taken an oppose position on SB 731 for its failure to achieve meaningful CEQA reform. The Commission's focus has been on increasing the transparency and accountability of plaintiffs in CEQA lawsuits, reducing the time it takes to resolve CEQA cases, and ensuring CEQA litigation is germane to environmental issues raised by the project. The CEQA Working Group and its allies have waged a public relations campaign in the Capitol and on editorial pages throughout the state. Momentum behind CEQA reform faded significantly after the early -year resignation of Senator Michael Rubio and the Governor issued lukewarm comments in the spring. Commission staff does not see many avenues for SB 731 or any other bill to achieve the reforms the Commission has sought in the remaining days of this year's legislative session. However, Commission staff believes CEQA modernization should remain a number one priority for 2014 or until meaningful reform is achieved and will continue to work on strategies with allies to make the case in Sacramento. Agenda Item 8S 628 PEPRA / 13(c) Last year Governor Brown signed into law the Public Employee Pension Reform Act (PEPRA). The enactment of this legislation triggered a backlash by several labor groups representing public transit employees. Federal labor law provides the opportunity for labor groups affected by federal funds to protest the award of federal funds to transit agencies if labor protections are believed to be inadequate. The U.S. Secretary of Labor is then responsible for ensuring that as a precondition of releasing federal funds that collective bargaining rights are maintained. This section of law is known commonly as "13(c)". Because PEPRA became law and impacted the pensions of transit union members without collective bargaining, several unions have lodged protests of pending federal grants to dozens of California transit agencies, effectively cutting off federal funding to these agencies. If the impasse continues, the result will be 14 transit agencies such as Riverside Transit Agency (RTA) implementing significant service reductions and layoffs. RTA's anticipated funding loss is $31 million as a result of Amalgamated Transit Union's (ATU) protest. On a regional level, Los Angeles County Metropolitan Transportation Authority (Metro) stands to lose $2.2 billion in federal funding for operations but also major capital investment grants for the construction of the Westside Subway Extension and the Regional Connector rail project. Metro estimates as many as 43,000 jobs are at stake. The impact on OCTA could be as high as $115 million. While directly detrimental to the residents of the communities that are reliant upon public transit, should this funding not materialize there will be far-reaching consequences to all transportation projects in Southern California. Metro's transit projects, among other major capital projects in the region, are components of the Southern California Associated Governments Regional Transportation Plan, which must meet federal air quality standards. If the plan falls out of compliance due to projects not coming to fruition, federal funding to all projects in Southern California could be jeopardized. In response to this statewide problem, Assemblyman Luis Alejo authored AB 160, which would exempt transit employees from PEPRA. The Governor strongly opposed AB 160, standing firmly behind PEPRA. With the legislative session winding down quickly, the stakes are growing ever higher to reach resolution of this matter. One of three things must occur to stave off starvation of California transit agencies: the U.S. Secretary of Labor determines that transit workers' rights have not been harmed, transit unions rescind their protests, or the Governor agrees to sign AB 160. At the time this staff report was written, none of the above appeared imminent. However, on August 14, Moody's and Fitch ratings services notified the Commission it was putting all California transportation agency debt issuers on review due to the potential financial repercussions of the PEPRA/13(c) issue. The Commission notified Moody's and Fitch the Commission is not an operator of transit services nor does it employ union workers, and therefore should not be subject to review of credit ratings. Additionally, the Commission's Agenda Item 8S 629 Perris Valley Line Small Starts grant cleared the 13(c) process in 2011. Nonetheless, this action by Wall Street may signal further destabilizing consequences to the transportation industry across California. The Commission will work closely with RTA in a supportive role as that agency plans for how to deal with any of the potential outcomes of the PEPRA/13(c) dispute. Financial impacts are likely to begin accruing sooner than later. Federal Update Transportation Appropriations Hopes among transportation advocates were temporarily lifted in late July as the House of Representatives brought the FY 2013/14 Transportation, Housing and Urban Development (THUD) Appropriations bill to the floor for debate and votes. More often than not in recent years, this annual bill to fund the functions of the federal government (one of thirteen, broken up among the various departments) has not been passed under regular order, meaning the bill has either been rolled into an omnibus spending bill or has been dropped all together in favor of a continuing resolution, which simply carries over the previous years' spending levels and conditions. Hopes for a return to regular order with the FY 2013/14 THUD bill were dashed, however, when after more than a full day of debate and amendments on the House floor, Speaker Boehner pulled the bill from the floor due to insufficient votes to attain passage. Although the House bill contained funding levels for transportation drastically below levels authorized by Moving Ahead for Progress in the 21st Century (MAP-21), many were hopeful that by the House passing a bill, a Conference Committee with the Senate could be formed and negotiations could ensue. The inability for House Republican leadership to gather votes for the THUD bill can be partially explained by the continuing consternation of members over sequestration that took effect earlier this year. The realities of lower domestic spending levels are bearing themselves out in the appropriations bills, forcing Congress to confront the choices that must be made on domestic and defense spending vis-a-vis the deficit. A similar occurrence of gridlock occurred within a few hours of the House tabling its THUD bill when the Senate adjourned for the summer without summoning the 60 votes needed to end debate on its own version of the THUD bill. The Senate's bill came in at a higher price tag than the House's, above sequestration levels and closer to MAP-21 authorized levels. Most observers predict that work will begin right -away in September to pass a continuing resolution in time for the start of the federal fiscal year on October 1. In the mean time, the nation will be closer to another debt ceiling debate, and perhaps in the midst of an effort by Republicans to link continued funding of the government to defunding of the Affordable Care & Patient Protection Act. Agenda Item 8S 630 Senate Committee Hearing on TIFIA and MAP-21 Senator Barbara Boxer (D-CA), chair of the Senate Committee on Environment and Public Works (EPW), held a hearing on July 24 to examine the implementation of MAP-21 one year after its passage. The hearing also specifically focused on implementation to the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, which was increased in funding by nine times in MAP-21. New U.S. Transportation Secretary Anthony Foxx testified. Secretary Foxx's oral and written testimony to the committee highlighted the most recent successful TIFIA loan: the SR-91 CIP in Riverside, California, which only weeks before had closed a $421 million loan. The Commission was pleased to receive this national recognition during an important congressional hearing. The remainder of the hearing was encouraging as well. Metro CEO Art Leahy testified in support of the TIFIA program and Metro's America Fast Forward initiative would create a federally subsidized bond program for transportation projects, similar to a program available for school infrastructure. Several senators commented on policy priorities held by the Commission regarding the need to speedily move TIFIA applications through the review process, ensure that decisions were made on objective criteria, and that small and medium sized projects can compete for space in the program on a first come, first served basis. Additionally, witnesses at the hearing reminded the committee that while TIFIA and financing options enable transportation agencies to do more with limited dollars, these mechanisms do not add new revenue to transportation, and funding shortfalls must be addressed in the successor bill to MAP-21. Attachment: Legislative Matrix Agenda Item 8S 631 RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION — August 26, 2013 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 14 (Lowenthal) Formalizes creation of a State Freight Advisory Council and commits the state to authoring a State Freight Plan every 5 years, pursuant to MAP-21. Read second time. Ordered to third reading. (July 2). SUPPORT April 13, 2013 AB 179 (Boganegra) Previous version reduced the amount of time transportation agencies can retain personally identifiable customer information for electronically- collected highway tolls and transit fares, from 4.5 years to six months. Amendments extend the time period back to 4.5 years, removing a conflict with the statute of limitations during which customers can challenge tolls and fare charges, which is up to 4 years. The bill also enacts new privacy provisions for electronic transit fare collection. Unknown impacts exist for transit operators RTA, SunLine and Metrolink for future implementation of electronic fare systems. From committee: Do pass and re -refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25). Re -referred to Com. on APPR. From committee: Be placed on second reading file pursuant to Senate Rule 28.8. (July 11). NEUTRAL June 12, 2013 AB 266 (Blumenfield) Extends by an additional 10 years a pilot program previously opposed by RCTC. Ultra -low emission vehicles (mostly electric cars) are exempted from paying tolls on tolled facilities, except for toll projects in L.A. County. This bill represents a state mandate that cuts into local revenue for infrastructure that local governments are providing to the state. This policy erodes the user -pay concept inherent in many areas of transportation finance. This bill represents a current and future threat to the viability of innovative infrastructure financing in California as low -emission vehicles become more popular. The pilot program has only been in existence for less than one year. From committee: Do pass as amended and re -refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2). Read second time and amended. Re -referred to Com. on APPR. (July 10). OPPOSE April 13, 2013 AB 487 (Linder) Requires government employees participating in the DMV confidentiality program to provide a workplace address so that parking, toll, and traffic violations can still be enforced. Two-year bill (can be reconsidered in 2014) SUPPORT April 13, 2013 AB 574 (Lowenthal) Formerly, this bill reformed the process by which cities and counties apply to the State for relinquishment of state highways to local jurisdictions. The bill has been amended in its entirety. The bill now proposes policy to guide the expenditure of the state's cap- and -trade program, which was authorized by AB 32 (Pavley, 2006) and is administered by the California Air Resources Board (CARB). The bill provides for regional control of the expenditure of cap -and -trade funds. The Commission, along with SCAG and other transportation commissions in Southern California have requested amendments that would direct cap -and - trade funds to directly to transportation commissions rather than Metropolitan Planning Organizations (MPO's) Held under submission in Assembly Appropriations Committee. (May 24). SUPPORT if Amended June 12, 2013 632 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 1081 (Medina) Requires goods movement infrastructure projects and financing options from the private sector to be included in the Governor's annually submitted 5-year infrastructure plan and international trade & investment strategy. From committee: Do pass as amended and re -refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2). Read second time and amended. Re -referred to Com. on APPR. (July 9). SUPPORT June 12, 2013 SB 337 (Emmerson) Relinquishes portions of SR-74 to the City of Hemet. The City of Hemet is the sponsor of this bill. This bill builds on previous legislation that authorized relinquishment of SR-74 to the Cities of Palm Desert, Perris, and Lake Elsinore. Hearing cancelled at request of author. This bill's language has been incorporated into SB 788, the Senate Transportation Omnibus Bill. SUPPORT April 13, 2013 SB 731 (Steinberg) Enacts modest changes to CEQA, mostly relating to private development. In Assembly. Read first time. Held at Desk. (May 30). Referred to Coms. on NAT. RES. and L. GOV. (June 17). MONITOR/WORK WITH AUTHOR April 13, 2013 AB 37 (Perea) This bill would allow would allow project applicants to require lead agencies to prepare a record of proceedings concurrently with the preparation of CEQA documents. This has the potential to accelerate future judicial proceedings by giving both sides of a CEQA lawsuit the opportunity to prepare for court. AB 37 is supported by business groups and is currently unopposed, awaiting a vote on the Assembly floor. Re -referred to Coms. On N.R.&W. and APPR. (June 27). SUPPORT June 12, 2013 AB 401 (Day) Authorizes the use of best value design -build for the I-405 widening project by OCTA. The language of this bill is nearly identical to that of the Commission's AB 2098 (Miller), which was approved in 2010. The project will add one general purpose lane in each direction. In committee: Hearing postponed by committee.. (July 9). SUPPORT June 12, 2013 633 Legislation/ Author Description Bill Status Position Date of Board Adoption AB 543 (Campos) This bill would require a lead agency to translate, as specified, certain notices required by the act and a summary of any negative declaration, mitigated negative declaration, or environmental impact report when a group of non -English-speaking people, as defined, comprises at least 25% of the population within the lead agency's jurisdiction and the project is proposed to be located at or near an area where the group of non -English- speaking people comprises at least 25% of the residents of that area. By requiring a lead agency to translate these notices and documents, this bill would impose a state -mandated local program. In committee: Set, first hearing. Hearing canceled at the request of author. (July 2). OPPOSE June 12, 2013 AB 756 (Melendez) Allows public works projects to be granted Leadership designation by the Governor for the purposes of a 2011 law that provides expedited judicial review for CEQA challenges. The Commission seeks amendments that would clarify elgibility of regional transportation agencies (such as the Commission) to utilize this fast - tracking for public transit projects. Note: the underlying 2011 law has recently been ruled unconstitutional. Two-year bill (may be reconsidered in 2014) SUPPORT if Amended June 12, 2013 SB 778 (Committee on Transportation & Housing) Senate "omnibus" bill of non -controversial items. This omnibus includes language from SB 337 (Emmerson), which relinquishes SR-74 to the city of Hemet. Other provisions of the bill include non -substantive technical corrections to existing law and deletion of obsolete provisions such as the 1984 Olympics special license plate program. Referred to Com. on P.E. & R. (March 11). SUPPORT June 12, 2013 AB 493 (Daly) This bill would authorize operators of toll facilities on federal -aid highways to fully implement technologies or business practices that provide for the interoperability of electronic toll collection programs on and after the date specified in MAP-21. The bill would limit the information that may be disclosed through participation in an interoperability program, as specified. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes O. Page 1601.). In Assembly. Ordered to Engrossing and Enrolling. (July 1) Enrolled and presented to the Governor at 4:45 p.m. (August 1). SUPPORT June 12, 2013 634 AGENDA ITEM 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: San Jacinto Branch Line Ad Hoc Committee William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Policy Recommendations and Update of the Status of the Implementation of Utility and Private Use Licenses STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve revisions to the RCTC Right of Way Policies and Procedures manual to include a graduated rent schedule for spur track users; and 2) Receive and file the status update. BACKGROUND INFORMATION: When the San Jacinto Branch Line (SJBL) was acquired in 1993 from the Atchison, Topeka and Santa Fe Railway, currently known as Burlington Northern Santa Fe (BNSF), the Commission inherited over 600 licenses, leases and easements covering private, government and utility - owned facilities. In June 2011, the Commission adopted a number of policy actions regarding the granting of licenses to private entities and utilities for the use of Commission -owned property. The policy was needed to address added responsibilities and liabilities the Commission will take on with the operation of the Perris Valley Line. Staff was authorized to move forward with negotiations on private use licenses including bringing contract rents up to current value; upgrading licenses to be consistent with current Commission terms; updating or terminating existing licenses with non -compliant uses; resolving unauthorized encroachments and terminating licenses with abandoned facilities. To date, activities have commenced on 56 private uses. Of those, 15 have been licensed, 28 have been removed or abandoned, 7 are in active negotiations and 6 have yet to be resolved. Staff will continue to seek resolution on the remaining uses. The new licenses will represent approximately $84,000 annually in new revenue at year 3. To lessen any financial burdens, residential uses were charged 25% of fair market value and a graduated rent schedule was implemented over a course of three years. Spur track uses were Agenda Item 9 635 not included in the graduated rent policy. While spur tracks are used by commercial businesses, they generally cover a large area and the rent increases have been more substantial than those for residential uses. To lessen the initial impacts for spur track users, staff recommends also including them in the graduated rent schedule. Attachment: Agenda Item 8E, "Policy Recommendations for Utility and Private Use Licenses on Commission Property" —June 8, 2011 Agenda Item 9 636 ATTACHMENT 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: June 8, 2011 TO: Riverside County Transportation Commission FROM: San Jacinto Branch Line Ad Hoc Committee Min Saysay, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Policy Recommendations for Utility and Private Use Licenses on Commission Property SAN JACINTO BRANCH LINE AD HOC COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the revisions to the RCTC Right of Way Policies and Procedures manual to include the policy recommendations for utility and private use licenses on Commission properties; 2) Authorize staff to move forward with negotiation of market value rates on utility and private use licenses; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute utility and private use licenses and agreements. BACKGROUND INFORMATION: The San Jacinto Branch Line (SJBL) was acquired in 1993 from the Atchison, Topeka and Santa Fe Railway, currently known as Burlington Northern Santa Fe (BNSF). As a part of the SJBL acquisition, the Commission inherited over 600 licenses, leases, and easements covering private, government, and utility -owned facilities such as pipelines, wire lines, and cables. As part of the Commission's property management efforts, the following tasks were undertaken in the past five years: • Reviewed acquisition documents of the SJBL to determine property rights and obligations; • Inventoried, catalogued and scanned all contracts provided to the Commission by BNSF; and • Established the RCTC Global Application (RGA) database to include extensive information regarding the Commission real estate holdings (approximately 40 data fields captured for each contract). For the segment of the SJBL from Highgrove to the Interstate 215 crossing south of Perris, the following activities were performed: Agenda Item 8E 637 " Reviewed over 335 Commission property licenses, leases, and easements; " Performed field inspections on all reviewed contracts, including capturing global positioning system coordinates and taking pictures of each above ground facility; " Obtained and reviewed as -built plans and other mapping from major utility companies; " Met with major utility tenants to verify and reconcile existence of facilities; " Conducted potholing to positively locate underground facilities; " Created aerial photographs showing existing licensed areas and encroachment; " Surveyed right of way boundaries in key locations; " Provided utility information to the Perris Valley Line design team to assist in identifying project conflicts; " Conducted market surveys to determine fair market rent for the rail right of way; " Consolidated 19 billboards into one contract and increased annual revenues based on the appraised value; " Pursued and collected approximately $400,000 in unpaid lease revenue from BNSF; " Negotiated with a major water agency for use of the Commission property, which resulted in increasing the compensation from $171,000 to $1.1 million; and " Terminated 31 contracts located along right of way that is no longer owned by the Commission. Resolutions recommended to be undertaken for all licenses include: " Bringing contract rents up to fair market value; " Upgrading licenses to be consistent with current Commission license terms; " Updating or terminating existing licenses with non -compliant uses; " Resolving unauthorized encroachments; and " Terminating licenses for abandoned facilities. All tenant agreements will be upgraded to reflect current Commission license terms. Existing licensees will not be required to pay the $6,000 deposit (authorized by existing policies), processing fees, or any one-time fees when upgrading their existing license to meet current Commission license terms. Agenda Item 8E 638 All Licenses will contain termination clauses with a 30-day notice and insurance requirements, which will minimize the Commission's liability. Licenses will be revised to reflect any rental rate change or when there is a need for updated language. The contracts have been divided into two categories. The first category includes public, private, and member agency utilities. The second category is private use, which includes individuals, businesses, and non-profit organizations. Utilities Current Fair Market Value After extensive research, including discussions with other railroad agencies, specifically Metropolitan Transportation Authority (MTA) and BNSF, a fair market annual rate for utility crossings of $4 per linear foot for wire line license values and $5 per linear foot for pipeline license values was determined by staff to be fair market value. For longitudinal utility uses that generally run parallel with existing railroad tracks and occupy a specific area within the right of way, an across -the -fence methodology was utilized. Using various database programs to locate recent commercial/industrial sales, vacant land values are estimated at around $10 per square foot. The proposed rent for the railroad right of way was calculated at 10% of the land value based on discussions with appraisers that are familiar with this type of land valuation and comparison to other railroad agencies. The fair market value for longitudinal utility facilities was determined by staff to be $1 per square foot ($10 per square foot x 10%). Utility Policy Recommendations The utilities were grouped into three types — public utilities (governmental agencies), private utilities (shareholder owned), and member and other exempt agencies. The Commission's existing policies have a provision to ensure annual license rates are based on fair market value. It was recommended to incorporate the following utility policy recommendations: • Utility crossing annual rates will be calculated at fair market value per linear foot based on the actual length of the crossing and a standard width of 10 feet. • Longitudinal utility annual rates will be calculated at fair market value per square foot for industrial/commercial land. • Land values and rates will be reviewed at least every five years, and more frequently if appropriate. • A base fee of $200 per year for administrative costs will be charged for each license in addition to the calculated rent. • New utility appurtenances associated with new licenses, such as guy wires, anchors, and service drops, will be charged a one-time fee of $500 per facility. Existing appurtenances will not be charged. Agenda Item 8E 639 " The Commission member and exempt agencies will be charged a $1 annual rental fee, and will not be charged an annual administrative fee. These member agencies will be prohibited from subleasing without written approval from the Commission or for a profit. This recommendation acknowledges the member agency relationship with the Commission and has been past practice. " Charge fair market rent to private and public utilities for their use of Commission property. On April 11, 2011, utility policy recommendations for the Commission's property were presented to the San Jacinto Branch Line Ad Hoc Committee for consideration. Two items were raised by the Ad Hoc Committee for staff follow-up based on these utility policy recommendations: 1) Whether or not it is appropriate for public utilities to be charged the same rate as private utilities; and; 2) Whether or not Riverside County Flood Control District (RCFCD) should be considered exempt from paying fair market value due to its relationship with the County, a member agency. Staff considered the Committee's comments and made the following recommendations: " Staff continues to support charging public utilities fair market rent. Paying fair market value for use of property is part of the public utility cost structure. There is no reciprocal agreement or relationship between the Commission and public utilities. Public utilities charge the Commission fees for Commission requests. " RCFCD's Board is comprised of the same individuals as the Riverside County Board of Supervisors; however, it is a separate entity from the county of Riverside. RCFCD was established in 1945 by an Act of the California Legislature as a regional drainage authority for Western Riverside County. RCFCD is a special district and receives funding from property taxes, developer fees, and cost sharing arrangements with other governmental entities. Currently RCFCD charges the Commission standard fees and processes the Commission's requests in the same manner as a private entity. Staff acknowledges the benefit of a relationship with RCFCD and recommends negotiating a mutually beneficial cooperative agreement with RCFCD, in which the Commission would waive fees charged to RCFCD for use of Commission property if RCFCD would be willing to reciprocate the relationship. Current fair market rent for Commission property used by RCFCD is $76,333 per year. Private Uses Current private uses of Commission property include the following: " Backyard landscaping; Agenda Item 8E 640 " Sprinkler and irrigation systems; " Patios, garages, gazebos, and other permanent structures; " Parking and shade overhangs; " Billboards; " Access roads; " Commercial agricultural uses, including associated irrigation equipment; and " Industry spur tracks. Current Fair Market Value For private uses, an across -the -fence methodology was utilized. Using various database programs to locate recent vacant land sales, residential land values are estimated at about $8 per square foot, and industrial/commercial land values are estimated at about $10 per square foot. The proposed rent for the railroad right of way was calculated at 8% of the estimated land value based on discussions with appraisers that are familiar with this type of land valuation and comparison to other railroad agencies. Private use fair market value annual rates are recommended to be calculated based on prices per square foot as follows: " Residential Uses  $0.64 per square foot for residential land (8% of the estimated fair market value of $8 per square foot) " Industrial/Commercial Uses  $0.80 per square foot for industrial/commercial land (8% of the estimated fair market value of $10 per square foot) Private Use Recommendations As part of the review, it was determined that over 60% of the private uses do not have a current license or the license is not compatible with the current use of the property. In addition, the majority of the residential private users are not paying rent. Many of the encroachments and unauthorized uses were in place prior to the Commission's acquisition of the SJBL. Over time, the ownerships of the adjacent private properties have also changed and most owners are unaware of their unauthorized use of Commission property. As a public agency, the Commission has a responsibility to minimize liability and safety issues. Uses of Commission property without an agreement or owner liability insurance represent significant liability and safety risks. Also, if no rent is charged for a private use, it sets a negative precedent for others to use the Commission's property without authorization. The Commission has a fiscal and social responsibility to be good stewards of its property. Residential Permanent Structures  There are currently five residential permanent structures on Commission property including houses, carports, gazebos, and a paved driveway that are not authorized. One of these uses, the paved driveway, is in conflict with the future construction of the PVL. The other uses are not in conflict. Agenda Item 8E 641 Residential Temporary Structures — There are thirteen residential temporary structures on Commission property including sheds, storage boxes, awnings, and fencing. Four of these uses are in conflict with the future construction of the PVL. These are backyard extensions including fencing, sheds, storage, and a cacti patch with an additional area to load/unload building materials. For the uses of Commission property in conflict with the PVL, staff recommends delivering a trespass notice to the owner requiring removal from Commission property no later than 120 days from the date of the notice. These uses of Commission property are unauthorized and illegal and the Commission does not have any obligation to compensate the owners for removal of their items on Commission property. However, to help avoid potential costly eviction litigation, staff recommends including an offer to pay a minimum of $100 and up to $500 (based on documentation of actual costs) for owners who remove their items from the Commission property by a specified date. For residential uses of Commission property that are not in conflict with the PVL, there is some benefit to the Commission as the Commission does not have to pay to maintain the land. Staff recommends proceeding with negotiating a license with owners at 25% of fair market rent, which would be $0.16 per square foot ($0.64 per square foot x 25%). Commercial Permanent Uses — There are two commercial permanent uses on Commission property. Both of these have buildings in the right of way. Neither of them are in conflict with the future PVL. Commercial Temporary Uses — There are eleven commercial temporary uses on Commission property including agricultural, parking, storage, spur tracks, and billboards. None of these are in conflict with the future PVL. Commercial users are operating on a for -profit basis. Therefore staff recommends proceeding with negotiating a license with commercial use owners at full fair market value rent of $0.80 per square foot. Some spur -track uses may be exempt from fair market rent due to the operation agreement with BNSF. An appraisal has been conducted for the billboard uses and negotiations with the billboard owners are currently underway. Non -Profit Organizations — There are two non-profit organizations currently utilizing the Commission's right of way. One is the Boy Scouts that have a recreation area on the right of way in Perris. The other non-profit organization is Orange Empire Rail Museum (GERM), which currently has two licenses. OERM's use of the property is unique and is being negotiated through a separate agreement that is outside the scope of this policy. Staff recommends assessing 25% of commercial fair market value for the Boy Scouts and future non-profit uses that would be $0.20 per square foot ($0.80 per square foot x 25%). Agenda Item 8E 642 Utility Service and Drainage — There are seven utility service and drainage uses including water, sewer, electric, gas, communication, and drainage lines for property owners adjacent to the right of way. These are privately owned service lines of which three benefit residential properties, two benefit commercial properties and two benefit non-profit organizations. There are no conflicts with future construction of the PVL. Although they are utility uses, they do not represent the same level of property impact or risk that a utility company's facilities do. Staff recommends proceeding with negotiating a license at 25% of the utility fair market rent, or $1.25 per linear foot ($5 per linear foot x 25%) for pipeline uses and $1 per linear foot ($4 per linear foot x 25%) for wire line uses. Residential Gates — There are five residential gates that provide illegal access to the right of way by vehicle or foot. Three of these gates, two pedestrian and one vehicular, are on private property but are likely to be blocked by the PVL sound wall. Staff recommends delivering a trespass notice to the owner instructing the owners to discontinue use of the gates due to safety issues, and informing them that future PVL improvements may block access to the gates. The remaining two gates, both pedestrian, are on Commission right of way as part of the backyard improvements. Staff recommends incorporating a provision in the license agreement that specifically prohibits gates and requiring removal of the gates as a condition of granting the license. For all existing uses, staff recommends a graduated rent schedule — one third of the rent in the first year, two thirds of the rent in the second year, and full rent for the third year and every year going forward. For new uses, the licensor would be charged full rent from the beginning in accordance with Commission policies. All tenant agreements will be upgraded to reflect current Commission license terms. Existing licensees will not be required to pay the $6,000 application fee (authorized by existing policies), processing fees, or any one-time fees when upgrading their existing license to meet current Commission license terms. An administrative base fee of $200 per license will be charged one time every five years in addition to the calculated rent for residential and non-profit users. An annual administrative base fee of $200 per year will be charged to commercial users. Land values and rates will be reviewed at least every five years, and more frequently if appropriate. Uses of Commission property that have significant liability or impact to the Commission's use of the property are outside the scope of this policy and will be negotiated through separate agreements. Next Steps The next steps for the contract review include: Agenda Item 8E 643 " Implement the policy recommendations and rental rates as described for utilities and private uses; " Continue the contract review on the San Jacinto Branch Line remainder and other Commission -owned properties; and " Update the RCTC Right of Way Policies and Procedures manual, Property Management chapter, once recommendations have been approved. Attachment: Addition to the Property Management Chapter of the RCTC Right of Way Policies and Procedures Manual Agenda Item 8E 644 9/11/2013 Riverside County Transportation Commission Private Use Resolutions Update By Epic Land Solutions, Inc. September 11, 2013 AS part Ot the Sart iactnto`uranch -Line (SJISL) acquisition -trom Atcnison;; Topeka and Santa_e __ailwa , "RCTC inherited over 600 licenses and �R a c' = private, government, and uti as pipelines, wire lines, cables, etc. RCTC Owned Rai! Properties 1.9ap � Epic Land Solutions, Inc." z 1 9/11/2013 ypes o • Backyard landscaping • Sprinkler and irrigation systems associated with landscaping • Patios and other structures, including gazebos, sheds, concrete slabs, swimming pools, and foundations • Parking and shade overhangs • Private crossings • Billboards • Industry spur tracks • Commercial agricultural uses, including associated irrigation equipment Epic Land Solutions, Inc. 3 In June 2011, the Commission authorized staff to move forward with negotiations on private use licenses, including: • Bringing contract rents up to current value • Upgrading licenses to be consistent with current Commission terms • Updating or terminating existing licenses with non -compliant uses • Resolving unauthorized encroachments • Terminating licenses with abandoned facilities Epic Land Solutions, Inc. 4 2 9/11/2013 • Residential uses were only charged 25 percent of fair market value in order to lessen the impact and because it eliminated RCTC's requirement to maintain that area • For existing uses, a graduated rent schedule was implemented: • 1/3 of the rent in the first year, • 2/3 of the rent the second year, and • full rent the third year and every year going forward. • Spur tracks were excluded from this graduated rent schedule • Application fees were waived Epic Land Solutions, Inc.401 5 eim u • As a part of being a good neighbor and to help avoid potential costly eviction litigation, Commission approved a lump sum offer of $5oo to owners who removed their items from Commission property by a certain date. • Twelve owners submitted receipts for costs incurred while removing the encroachment from the right of way. • Total reimbursement cost provided by RCTC to date is $5,833• 3 9/11/2013 Current Status ■ Licensed Property (6) ▪ Terminated License (z) Abandoned Property (z) ■ In Negotiations (6) Epic Land Solutions, Inc. 7 PVL Reside Current Status Epic Land Solutions, Inc. ■ Licensed Property (9) Abandoned Property (6) Removed Personal Property From R/W (13) ■ Unresolved (6) 8 4 9/11/2013 Non= ro i Utility Service and Drainage • Negotiations in process with Boy Scouts, in the city of Perris, to determine if it will license or remove its personal property. • Fee property owner is county of Riverside, who may obtain a license on its behalf. • Five utility service and drainage facilities were terminated. • None of the facilities were active -lines. • Notice of Termination and Demand to Abandon were sent to the Licensees. Epic Land Solutions, Inc. 9 ummary o ses Commercial Residential Non -Profit `'- Utility Service.& - Drainage ;- r�`Otd. 9 13 34 *License Fees represent full income at year 3 when graduated rent schedule is completed. **Lamar entered into an agreement with RCTC where rent is based off 25 percent its gross advertising income. s63,586 was collected for 2o12, but number will change annually based on its revenue totals. Epic Land Solutions, Inc 10 5 9/11/2013 Grove Lumber & Building Supplies McAnally Enterprises 12109/02 Original Al r ual $9,678 $22,934 •::t-Oikrnfa 7'..russ Company Ltcengesent Ur ezecutraa#3c R: ;\�Beeterffr£nt$ Executed license and first year's rent received by RCTC on 8/26/13. Finalization pending receipt of insurance requirements by Grove Lumber, Licensed area increased by approximately rspercent and fees updated to reflect current market conditions. BNSF to confirm whether or not [rack$ were iristalled prior tor" g� : purchase. Per the terms in RCTC/BNSF Shared Use Agreement, RCTC cannot pursue a license (or fees) if installed prior to mo3. Did not agree to the large rental increase:fg INarea in use May curitact RCTC direedy to discuss. Licensed area increased by approxwmatelyaa::,, percent and fees updated to reflect current market conditions. N/A TB© Epic Land Solutions, Inc. u $2,767 - $8,891 (dependingan;=: area tO be Fueriandr *Included in Friends of Riverside's Hills Settlement **Excludes one time &zoo administrative fee ssold to Black �: p.initiate discus •erty;owner, ., Said he wintreinove encroachment, but: nat1mg'has been done Has indicated they are not willing to take any action to license or remove encroachment at this Indicated he will not license or remove encroachment.: Said RCTC or the City (approved wall) should be responsible. Met with RCTC staff and addressed C•oinntission m Aprit zoo. j'- 6 9/11/2013 • 28 gates along PVL provide illegal access to right of way by vehicle or foot. • A Trespass Notice was sent to each property owner on September 1, 2011, notifying them that walking or driving on the right of way is unsafe and illegal, and use must be discontinued immediately. • A recent inspection identified that several owners are still accessing the right of way through their gate. Another Trespass Notice was mailed on July 22, 2013. • Notices were mailed via certified mail, so signatures were required. Epic Land Solutions, Inc. 13 Management Activities • Negotiations with private users along the SJBL remainder • Negotiations with utilities to upgrade licenses on PVL and SJBL remainder • Ongoing monitoring of right of way for encroachment and trespass activities • Ensuring rent payment and insurance compliance Epic Land Solutions, Inc. .q 7 AGENDA ITEM 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 11, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Shirley Medina, Planning and Programming Director John Standiford, Deputy Executive Director THROUGH: Anne Mayer, Executive Director SUBJECT: Transportation Uniform Mitigation Fee Regional Arterial Program — City of Corona Developer Credit Reimbursement Agreement WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the reimbursement of $3,051,636 to the city of Corona (Corona) as described in the Transportation Uniform Mitigation Fee (TUMF) Administrative Plans, TUMF Credit/Reimbursement Eligibility Process, to reimburse local agencies that enter into credit reimbursement agreements with developers for the construction of TUMF arterial road improvements; 2) Approve Agreement No. 14-72-013-00 that stipulates $490,000 will be paid to Corona upon execution of the agreement and additional reimbursement payments of up to five percent of annual TUMF regional arterial revenues will be reimbursed to Corona until the $3,051,636 obligation is complete; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 4) Approve a budget adjustment to increase regional arterial expenditures $332,500. BACKGROUND INFORMATION: The TUMF Ordinance states that if a developer constructs a TUMF facility, the developer will receive a credit against the TUMF obligation for the project improvements. This provision applies to TUMF projects funded with zone or regional arterial funds. Western Riverside Council of Governments (WRCOG) administers the TUMF Zone projects, and the Commission administers the TUMF Regional Arterial projects. Local agencies enter into developer credit reimbursement agreements and are responsible for the administration of such agreements with developers. Upon completion of the project identified in the credit agreement between the developer and the local agency, the local agency is to notify the TUMF program administrator, WRCOG or the Commission, that the improvements are completed and accepted by the city in accordance with the credit agreement. Agenda Item 10 645 In this case, Corona entered into a developer credit reimbursement agreement with Far West— JEC Corona Properties in November 2010. On July 8, 2013, Corona submitted a letter to the Commission stating the developer completed a segment of Foothill Parkway West, including the construction of the Hagador Canyon Bridge, which is part of the TUMF Regional Arterial program of projects. The letter also states Corona concluded its audit and submitted audited documents to WRCOG in compliance with the terms of the developer credit reimbursement agreement. WRCOG reviewed and verified the documents are complete and consistent with the requirements of the agreement. Corona indicates all building permits have been pulled and the cost of construction above the project's TUMF obligation but not exceeding the TUMF's maximum allowable cost is $3,051,636. This developer credit reimbursement request is the first request the Commission received for the TUMF Regional Arterial program that the Commission administers. The WRCOG TUMF Zone program is structured differently than the Commission's program. The Zone program is a five-year program of projects, or Transportation Improvement Program (TIP), that is updated on an annual basis. WRCOG sets aside 10 percent of TUMF annual revenues for developer credit reimbursements due to its larger, multi -year program. The Commission's Regional Arterial program consists of 24 projects approved by the Commission in September 2004 with minor changes to the original project list. In FY 2010/11, the Commission initiated a 5 percent set aside of annual TUMF budgeted regional arterial revenues upon notification that a developer credit reimbursement had been executed for a regional arterial project in Corona. WRCOG has processed several developer reimbursement agreement requests. Given that WRCOG has had limited TUMF Zone revenues due to the recession, reimbursement agreements are programmed in its TIP and payments are made over multiple years given the limited amount of revenues. It should be noted that if there are a limited number of reimbursements programmed in a given year, the WRCOG Zone subcommittees have programmed the unused developer credit reimbursement set aside to fund Zone projects. Although the Regional Arterial program is a set amount of projects and a TIP is not required, the reimbursement agreement between the local agency and the developer will be kept on file as formal notification of the developer credit reimbursement and noted in the budget. The TUMF Regional Arterial subcommittee, which is comprised of public works directors, typically meets annually in September to discuss and recommend new project programming for the year based on funding availability beyond projected project expenditures. For TUMF regional arterial projects that have been programmed and have executed agreements, projected expenditures for FY 2013/14 and FY 2014/15 are as follows: Table A— Projected Expenditures for FYs 2013/14 and 2014/15 Agency Project Number/Description FY 13/14 $ (000's) FY 14/15 $ (000's) Total Encumbered $ (000's) Phase* Corona 005102/Foothill Parkway $2,200 $7,031 $9,231 R/W Corona 005103/Green River 3,542 81 3,623 PS&E,Cons Lake Elsinore 005104/1-15 Railroad Canyon 211 211 PA&ED Agenda Item 10 646 Moreno Valley 005106/Perris Blvd (Cactus-PVSD) 900 1,565 2,465 Cons Perris 005128/Perris Boulevard 1,492 1,492 PA&ED, PS&E, Cons Riverside 005108/SR-91/Van Buren Interchange 2,122 - 2,122 R/W, Cons Riverside Co. 005107/Reche Canyon 30 334 364 PA&ED Riverside Co. 005115/Van Buren (Clay -Santa Ana) 1,462 - 1,462 Cons Riverside Co. 005116/Van Buren (Washington- Wood) 350 - 350 PS&E TOTAL $12,309 $9,001 $21,320 *Right of way (R/W), construction (Cons), project approval and environmental document (PA&ED), and plans specifications and estimates (PS&E) In accordance with the 2009 Measure A, the TUMF revenues made available to the Commission are to fund equally the regional arterial system and the development of new corridors such as the Community and Environmental Transportation Acceptability Process (CETAP). Although FY 2012/13 year end closing procedures have not yet been completed, staff estimated the TUMF Regional Arterial fund balance as of June 30, 2013 at $18.5 million. Based on this projected fund balance, the following is an analysis of the TUMF Regional Arterial fund balance projected as of June 30, 2014: Estimated TUMF Regional Arterial fund balance at June 30, 2013 $18,531,000 FY 2013/14 TUMF Regional Arterial budget: TUMF revenues and interest income $ 3,168,000 TUMF expenditures for above projects (12,309,000) Other TUMF — related expenditures (1,342,500) Excess of expenditures over revenues $(10,483,500) (10,483,500) Projected TUMF Regional Arterial fund balance at June 30, 2014 8,047,500 FY 2014/15 TUMF Regional Arterial budget: TUMF revenues and interest income $ 3,168,000 TUMF expenditures for above projects (9,001,000) Other TUMF — related expenditures (1,010,000) Excess of expenditures over revenues $ (6,843,000) (6,843,000) Projected TUMF Regional Arterial fund balance at June 30,2015 $ 1,204,500 The analysis above excludes other TUMF Regional Arterial fund expenditures for which there are other additional funding sources such as 2009 Measure A regional arterial and highway and TUMF CETAP. New programming requests anticipated for FY 2013/14, FY 2014/15, and thereafter aggregating $45,365,000 are as follows: Agenda Item 10 647 Table B — New Programming Requests Agency Project Number/Description FY 13/14 $ (000's) FY 14/15 $ (000's) FY 15/16 & Beyond $ (000's) Total Phase* Lake Elsinore 005104/1-15 Railroad Canyon Interchange $ - $ 289 $ 10,926 $ 11,215 PA&ED, Cons Moreno Valley 005105/Perris Boulevard (Ironwood-Manzanita) 1,700 1,300 - 3,000 Cons Riverside Co. 005116/Van Buren (Washington -Wood) 2,000 2,900 4,900 PS&E/Cons Riverside Co. 0051XX/Potrero Boulevard 2,000 2,000 Cons Riverside Co. 005131/1-15 Limonite Interchange 4,250 20,000 24,250 R/W, Cons TOTAL $7,950 $24,489 $12,926 $45,365 As illustrated by the above analysis, there are insufficient funds to program the anticipated requests for funding of over $45.4 million, including current year requests of $8 million. The TUMF Regional Arterial subcommittee met on August 22, 2013, to review the current programming requests. Given that the Commission's Multi -funding Call for Projects is ongoing with projects due September 23, 2013 and programming recommendations anticipated to be presented to the Commission in December 2013, the TUMF Subcommittee recommended to reconvene after the Call for Projects is complete. The TUMF Subcommittee will review the Regional Arterial projects to determine if any received funding from the Call for Projects and re-evaluate the Regional Arterial TUMF programming needs. In January, the mid -year budget process will also provide an update on revenues. Therefore, programming requests for FY 2013/14 will be reviewed again in January 2014 and TUMF Regional Arterial programming recommendations will be forwarded to the Commission soon after. However, the city of Moreno Valley's Perris Boulevard project (from Ironwood to Manzanita) will be brought forward to the Commission separately as this project is in jeopardy of losing State Proposition 1B funds if TUMF Regional Arterial funds are not programmed for construction within the next few months. The attached agreement with the city of Corona stipulates that a $490,000 payment, which is the cumulative developer credit set aside amount to date, can be made upon execution of the agreement. Future payments of 5 percent of annual TUMF Regional Arterial funds will continue to be paid to the city until the reimbursement of $3,051,636 is fully paid, unless in the future the TUMF Regional Arterial subcommittee recommends an additional payment or an increase above the 5 percent set aside due to available funds beyond project programming needs. At the August 26, 2013 Western Riverside County Programs and Projects Committee meeting a request was made on behalf of the developer to fully fund the reimbursement in one payment. The TUMF Regional Arterial fund balance indicates that with current commitments in FYs Agenda Item 10 648 2013/14 and 2014/15 the projected balance on June 30, 2015 is $1.2 million. If the Commission were to approve the full developer credit reimbursement amount of $3 million, all projected expenditures (Table A) and programming requests (Table B) would be negatively impacted. Developer credit reimbursements are considered on a first -come, first -served basis. Therefore, any future credit reimbursement agreements entered into between a local agency and developer will be paid after the Commission completely reimburses the city of Corona for the Foothill Parkway improvements. The FY 2013/14 budget includes $157,500 as the current year developer credit set aside amount. A budget adjustment of $332,500 is required to reflect the expenditure of amounts set aside in prior years. Financial Information In Fiscal Year Budget: Yes No Year: FY 2013/14 FY 2013/14 Amount: $157,500 $332,500 Source of Funds: TUMF Regional Arterial Budget Adjustment: No Yes GL/Project Accounting No.: 210 72 86405 Fiscal Procedures Approved: vUe-i-t-i-e,v,"i Date: 08/20/2013 Attachments: 1) Draft Agreement No. 14-72-013-00 2) July 8, 2013 Letter from City of Corona Agenda Item 10 649 ATTACHMENT 1 Agreement No. 14-72-013-00 REIMBURSEMENT AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF CORONA 1. Parties and Date. 1.1 This Agreement is made and entered into this day of , 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the CITY OF CORONA ("City"). RCTC and City are sometimes individually referred to herein as a "Party" and collectively as the "Parties". 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of Measure A and Transportation Uniform Mitigation Fees ("TUMF") revenues. 2.4 RCTC intends, by this Agreement, to distribute TUMF funds to the City, subject to the conditions provided herein, to be used by the City to reimburse Developer for the Improvements, as those terms are defined below. 3. Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in that certain reimbursement agreement entered into between the City and Far West — JEC Corona Properties, LLC, a Delaware limited liability company ("Developer") dated November 17, 2010 ("Reimbursement Agreement"). The Reimbursement Agreement is on file at the offices of the Parties and incorporated herein by this reference. 4. Terms. 4.1 Purpose. This Agreement is intended to distribute TUMF Regional Arterial funds to the City to reimburse the Developer for the construction of four lane street improvements for Foothill Parkway, including the construction of the Hagador Canyon Creek Bridge ("Improvements"), per the Western Riverside Council of Governments ("WRCOG") TUMF Administrative Plan guidelines and the Reimbursement Agreement. 650 4.2 Amount of Reimbursement; Payment. 4.2.1 Funding Amount. Subject to the terms, conditions and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to that certain Improvement and Credit Agreement Transportation Uniform Mitigation Fees entered into between the City and Centex Homes dated June 21, 2006, which agreement is on file at the offices of the Parties and incorporated by this reference, and the WRCOG TUMF Administrative Plan guidelines. Pursuant to the representations set forth in the letter regarding reimbursement of TUMF funds to Developer dated July 8, 2013, from the City to RCTC ("Letter") and in reliance upon the approval of the reimbursement amount by WRCOG, RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Three Million Fifty One Thousand Six Hundred Thirty -Six Dollars ($3,051,636), to be used exclusively for reimbursing the Developer for eligible expenses ("Funding Amount"). A copy of the Letter is attached hereto as Exhibit A and incorporated by this reference. 4.2.2 Payment of Reimbursement. Subject to Section 4.2.3 below, installment payments of the Funding Amount shall be made on an annual basis at the beginning of each fiscal year ([insert date]). The amount of available funds set aside in RCTC's TUMF developer credit reimbursement account as of September 2013 is Four Hundred Ninety Thousand Dollars ($490,000). An initial lump sum payment installment shall be made by RCTC to the City in the amount of $490,000 following execution of this Agreement. RCTC may, but shall not be obligated, to make payments on a more frequent basis in addition to the annual installment payments when revenues are in excess of programming needs as determined by RCTC and the TUMF subcommittee. Except as otherwise provided herein, RCTC's obligations hereunder shall continue until the Funding Amount is fully reimbursed. 4.2.3 Contingent Payment. RCTC's obligation to make annual payments under this Section 4.2 shall be fully contingent upon the availability of funding in its TUMF developer credit reimbursement account. City understands and agrees that installment payment amounts may vary from year to year and may be reduced to zero based upon funding amounts available to RCTC. RCTC shall be entitled to allocate TUMF funding in its sole discretion, in accordance with the requirements of the Plan and the TUMF Administrative Plan. Notwithstanding anything to the contrary, in no event shall RCTC be responsible for nor shall Developer or City be entitled to any interest or other cost adjustment for any delay in payment of the Funding Amount. 4.3 Additional Provisions Regarding Payments. 4.3.1 City Representations. City represents and warrants that it has audited Developer and verified that the Funding Amount represents eligible and approved construction costs for the Improvements that exceed the Developer's TUMF Obligation. City further represents and warrants that the Improvements have been completed and accepted by the City. 4.3.2 No RCTC Liability for Improvements. In no event shall RCTC be liable for any claims, losses, damages or injuries of any kind, in law or equity, to property or persons, arising out of or caused by the Improvements as a result of payments made under this Agreement. 17336.02600\8166867.5 2 651 4.4 Adjustment of Funding Amount; Refund Obligation. If any Developer costs are later determined to be ineligible pursuant to the Credit Agreement, Chapter 16.21 of the Corona Municipal Code or the TUMF Administrative Plan adopted by WRCOG, the City shall refund any excess disbursed TUMF Funds in its possession to RCTC, and the Funding Amount shall be reduced to exclude the ineligible costs. The City shall fully cooperate with RCTC to recover any TUMF Funds paid to Developer for ineligible costs. 4.4.1 Appeal to Commission. In the event of a disagreement between the Parties regarding the reimbursement of the Funding Amount under Section 4.4, either Party may appeal, in writing, to the RCTC Board. 4.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the Funding Amount is fully reimbursed. 4.6 Representatives of the Parties. RCTC hereby designates RCTC's Executive Director, or his or her designee, as RCTC's representative who shall have the authority to administer this Agreement on behalf of RCTC ("Executive Director"). The City hereby designates Kip Field, Public Works Director, or his or her designee, as the City's representative who shall have the authority to administer this Agreement on behalf of City ("Public Works Director"). 4.7 below. Termination. This Agreement may be terminated for cause as further specified 4.7.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice of termination to the other Party of such material breach. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. In the event the breaching Party fails to cure the material breach or fails to engage in good faith discussions regarding cure of the breach within the 30 day cure period, termination for cause shall be effective as of the first day following the 30 day cure period. 4.7.2 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 4.8 Mutual Indemnification. To the fullest extent permitted by law, the City and RCTC shall mutually defend, indemnify and hold the other Party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying Party or its directors, officials, officers, employees and agents in connection with the performance this Agreement, including without limitation the payment of expert witness fees and attorneys' fees and other related costs and expenses, but excluding payment of consequential damages. Notwithstanding the foregoing, in 17336.02600\8166867.5 3 652 no event shall either Party be responsible for the sole or gross negligence or willful misconduct of the other Party. 4.9 Dispute Resolution. In the case of a dispute, claim or controversy arising under or in relation to this Agreement the dispute shall be referred for negotiation to the Executive Director and City Manager of City ("City Manager"). The Executive Director and the City Manager agree to undertake good faith attempts to resolve said dispute, claim or controversy within ten (10) calendar days after the receipt of written notice from the Party alleging that a dispute, claim or controversy exists. The Parties additionally agree to cooperate in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, either Party may then request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the Parties. 4.10 Legal Action. If a matter is not resolved within thirty (30) calendar days after the first negotiating session between the Executive Director and the City Manager unless otherwise agreed upon in writing by the Parties, either Party may proceed with any other remedy available in law or in equity. 4.11 Books and Records. Each Party shall maintain complete, accurate, and clearly identifiable records with respect to costs invoiced and payments made and received under this Agreement. They shall make available for examination by the other Party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other Party pursuant to this Agreement. Further, each Party shall furnish to the other Party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 4.12 Governing Law and Venue. This Agreement shall be governed by and construed with the laws of the State of California. Any lawsuit brought in connection with this Agreement shall be brought in the appropriate court in the County of Riverside, California. 4.13 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 4.14 Time of Essence. Time is of the essence for each and every provision of this Agreement. 4.15 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 4.16 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: 17336.02600\8166867.5 4 653 CITY OF CORONA Transportation Department 400 South Vicentia Avenue Corona, CA 92879-0940 ATTN: Kip Field, Public Works Director RCTC Riverside County Transportation Commission 4080 Lemon, 3rd Floor Riverside, CA 92501 ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 4.17 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Agreement. 4.18 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 4.19 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 4.20 No Waiver. Failure of either Party to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 4.21 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 4.22 Signature Clause. The signatories hereto represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 4.23 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination. 4.24 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 17336.02600\8166867.5 5 654 4.25 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] 17336.02600\8166867.5 6 655 SIGNATURE PAGE TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL CREDIT REIMBURSEMENT RIVERSIDE COUNTY CITY OF CORONA TRANSPORTATION COMMISSION By: By: Karen S. Spiegel, Chair Name Its: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission Dean Derleth, City Attorney ATTEST: By: Its: City Clerk 17336.02600\8166867.5 7 656 EXHIBIT "A" LETTER OF JULY 8, 2013, FROM CITY OF CORONA TO RCTC [to be attached] Exhibit A 17336.02600\8166867.5 ATTACHMENT 2 (951) 736-2446 (951) 279-3627 (FAX) RobertM@ci.corona.ca.us July 8, 2013 OFFICE OF: PUBLIC WORKS DEPARTMENT 400 SOUTH VICENTIA AVENUE, P.O. BOX 940, CORONA, CALIFORNIA 92879-0940 CITY HALL - ON LINE ALL THE TIME (http://www.discovercorona.com) Ms. Shirley Medina Programming and Planning Manager Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Subject: Reimbursement Agreement from TUMF Program, Far West— JEC Corona Properties Reference: Construction of a segment of Foothill Parkway West Street Improvement and Hagador Canyon Bridge — T31955 Dear Shirley: The City of Corona has completed its audit of the cost of constructing a segment of Foothill Parkway West including the Hagador Canyon Bridge that connects Foothill Parkway to the west. A depiction of the project limits is shown in the attached Exhibit A. These facilities are included in the TUMF program's RHSA backbone facilities for the Northwest Zone. The facilities were constructed by Centex Homes as a condition of their development for Tract 31955, a 157-single family residential development. On June 21, 2006, Centex Homes entered into a TUMF Improvement and Credit Agreement with the City of Corona to (a) ensure the timely construction and completion of the said improvements; and (b) to allow for the developer to receive credit against their TUMF obligation. The terms of the agreement also provided a means for the developer to receive reimbursement for verified and approved construction costs that exceed their TUMF obligation. On November 14, 2007, the City of Corona concluded the audit and submitted the following audited documents to WRCOG in compliance with the terms of the TUMF agreement. WRCOG reviewed and verified these documents as complete and consistent with the requirements of the agreement. 1. TUMF Improvement & Credit Agreement for Tract 31955 2. As -built plans for the required TUMF improvements, described per the attached credit agreement 3. Copy of City of Corona agenda report accepting the subject TUMF improvements. 4. A summary of the verified and audited costs incurred by the developer in constructing the eligible TUMF facilities 5. A copy of agreement between Centex Homes and Far West — JEC Corona Properties, transferring Centex' reimbursement rights to Far West. 658 Our audit verified that the total construction cost for the eligible TUMF facilities exceeded the developer's TUMF obligation, and could therefore qualify for a reimbursement agreement subject to the terms of the TUMF Program. Centex built 67 of the 157 homes, and has since sold the development of the remaining 90 homes to Standard Pacific Corporation (SPC). Under separate agreements, the remaining TUMF credit for the 90 homes was assigned to SPC; and the reimbursement rights to the amount exceeding the TUMF obligation was assigned to Far West. On November 17, 2010, the City executed a Reimbursement Agreement with Far West — JEC Corona Properties, LLC for reimbursement of excess TUMF Credits associated with the development of Tract 31955. All building permits for this tract have been pulled including the 90 homes that were developed by SPC. The cost of construction that is above the project's TUMF obligation but not exceeding TUMF's maximum allowable cost is $3,051,636. Please refer to the attached "Tract 31955 TUMF Credit Agreement Reconciliation Summary" for details. If you need further information, or have any questions on the attached reconciliation and enclosed documents, please give me a call at 951-736-2446. Sincerely, Robert Morin, P.E. Principal Engineer Attachment Exhibit A — Project Limits and Description Tract 31955 TUMF Credit Agreement Reconciliation Summary CC: Kip Field, Public Works Director Nelson Nelson, Assistant Public Works Director Maria Perez, Principal Engineer Yolanda Macalalad, Senior Engineer Ruthanne Taylor Berger, Deputy Executive Director File 659 LOT 0" LOT "P" LOT F" l mart CRtClE 17 14 3 ISM* 10T"0 LOT"Ne"' F -1 EXHIBIT "A" TRACT NO.31955 HUNSAKER & ASSOCIATES I R VINE, I N C. PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes ■ Irvine. CA 92618 • Pit (949) 583.1010 ■ FX: (949) 583-0759 660 Sheet 1 /3 EXHIBIT A GENERALS DEPICTION OF STREET AND TRANSPORTATION SYSTEM IMPROVEMENTS FOUR LANE STREET IMPROVEMENTS FOR FOOTHILL PARKWAY, INCLUDING THE CONSTRUCTION OF THE HAGADOR CAiiYON CREEK BRIDGE. FROM RADIAL PROLONGATION OF THE WESTERLY BOUNDARY OF LOT 82 OF TRACT 29868 BEING STATION 1072+00 ON THE APPROVED STREET IMPROVEMENT PLANS FOR TRACT 29868 DRAWING NO. 04-069S; TO STATION 1055+73.46 ON THE APPROVED STREET IMPROVEMENT PLAN FOR TRACT 31955 DRAWING NO. 06-001 S; FOR APPROXIMATELY 1,627 LF. INCLUDING 5-FOOT SIDEWALKS ON BOTH SIDES OF FOOTHILL PARKWAY. EXCLUDING THE ROUGH GRADING OF ULTIMATE RIGHT- OF-WAY FROM APPROXIMATELY 2,312 L.F. WEST OF LINCOLN TO THE WESTERLY TRACT BOUNDARY OF TRACT 28941; FOR APPROXIMATELY 827 LF INCLUDING RETAINING WALL. AN EXHIBIT SHOWING LOCATION OF THESE IMPROVEMENTS IS ATTACHED AS EXHIBIT `B". [ATTACHED BEHIND THIS PAGE] 661 Sheet 2/3 £/£ �aauS N • d`IN AllNl�l� *MO MC .1.24•191 ,.1l1_ .96'Z08 2996Z 10ba1 '99• 0 ,00 5561 f 10V81 4' 8986Z lOVY1 gL 'Z6+1SD 1. 01 OO+ZLO 1 b'1S AVAD12IVd 771H1003 80..1 118/HX3 _ovnl 8 118/HX3 ovs 3a ina 1131 03s0d0ad •, City of Corona TRACT 31955 TUMF CREDIT AGREEMENT RECONCILIATION SUMMARY ITEM DESCRIPTION AMOUNT 1 Actual Verified Construction Costs Bridge & MSE Walls (Beador Construction Company Inc.) $4,943,030 Foothill Parkway (All American Asphalt) $608,216 ROW $802,309 TOTAL $6,353,555 2 TUMF Max Allowable Costs Unit costs based on current approved TUMF Nexus Study (Table 4.1) $4,440,610 3 TUMF Obligation See notes t 6 Building Permits Issued when TUMF is at $7248/DU $43,488 t 61 Building Permits Issued when TUMF is at $9693/DU $591,273 10 Building Permits issued when TUMF is at $4437/DU $44,370 t 80 Building Permits issued when TUMF is at $8873/DU $709,843 Total Projected TUMF Obligation $1,388,974 4 Potential Amount for Long Term Reimbursement Lesser of items 1 & 2 above $4,440,610 Less Item 3 above $1,388,974 Possible Amount for Long Tenn Reimbursement $3,051,636 Note: 1 The TUMF obligation is adjusted according to TUMF schedule at time of BP issuance (agreement Scetion 14.1) Report Date: May 9, 2013 663 9/11/2013 RCTC TUMF Regional Arterial Program Developer Credit Reimbursement Request Measure A Ordinance • Recognized the importance of Regional Arterials • Eligibility of Measure A Local Streets and Roads funds are tied to agencies that participate in a TUMF program • Responsibility for implementing TUMF projects: WRCOG - Zone Projects RCTC- Regional Arterial Projects 1 9/11/2013 TUMF Fu ingDs RCTC Per TUMF Administrative Plan, WRCOG collects TUMF revenues and after 4 percent off -the -top for administration of program distributes TUMF as follows: 1.59 percent - 1.64 percent - 46.39 percent - 46.39 percent - MSHCP (RCA) Regional Transit Improvements (RTA) Allocated to WRCOG Zone Program Allocated to RCTC Of the 46.39 percent allocated to RCTC: 50 percent - CETAP TUMF Projects 50 percent - Regional Arterial Program Per TUMF Ordinance, developers that construct a TUMF facility are eligible to be reimbursed through an agreement between the developer and local agency based on available funds. Upon completion of the development project, the local agency notifies the TUMF program administrator that the development is complete and accepted by the city in accordance with the agreement. 2 9/11/2013 Developer ReimbLir semen Recttiest — November 2010 — The Commission was notified that the city of Corona entered into a reimbursement agreement with a developer (Farwest) for a regional arterial project — 5 percent of TUMF Regional Arterial revenues have been set aside totaling $490,000 to date — July 8, 2013 — Corona submitted a letter stating the development project is complete including the construction of a regional arterial facility on Foothill Parkway. — Amount of reimbursement is $3 million i.111#�Itlg �ival�abl�it�% Rei i11 bU t�sef"1 et - Commission staff is recommending reimbursement of $490,000 with subsequent annual payments of 5 percent of TUMF Regional Arterial revenues - At August 26 Committee meeting, developer is requesting full reimbursement of $3 million - Reimbursement over $490,000 would: 1) Impact current projects under agreement over next two years 2) Impact new project programming 3 9/11/2013 WRCOG sets aside 10 percent for developer reimbursements (RCTC 5 percent) WRCOG has processed 21 developer reimbursements, scheduled over 10 years (FYs 2007-2017) for a total of $13 million Average reimbursement payment schedule is 3 years - Average reimbursement amount is $621,000 Total reimbursements averaged $1 million per year for past WRCOG has paid out $8.9 million in reimbursements to date When 10 percent set aside amount is not fully programmed for reimbursements, WRCOG will shift funds to capital projects Program of Projects Projects Developer Credit Reimbursement Set Aside Reimbursements Processed to date RCTC Regional Arterials . Program4: 23 projects approved in Sep 2004, 14 ongoing 9 WRCPG A Rotating 5-yr TI P, 52 projects ongoing gym 4 9/11 /2013 N C O 8100.0 880.0 -- - $60.0 840.0 $20.0 b RCTC TUMF Revenues • 50 percent of TUMF is allocated to Regional Arterial program • 50 percent to CETAP TUMF projects F Regional r Estimated TUMF Balance as of June 30, 2013 $18,531,000 Budgeted FY 13/14: Revenues and interest income $ 3,168,000 Expenditures for FY 13/14 projects (12,309,000) Other TUMF-related expenditures (1,342,500) Excess expenditures/revenues $ (10,483,000) (10,483,000) Projected TUMF Balance at June 30, 2014 8,047,500 FY 2014/15 TUMF Regional Arterial budget: TUMF revenues and interest income$ 3,168,000 Expenditures for FY 14/15 projects Other TUMF-related expenditures Excess expenditures over revenues Projected TUMF Balance at June 30, 2015 (9,001,000) (1,010,000) $ (6,843,000) (6,843,000) $ 1 204.500 5 9/11/2013 TUB egionai A FY 13/14 & 14/15 Project Expenditures: Perris Riverside Riverside Co. Riv Co./Jurupa Val Riverside Co. Foothill Pkwy $ Green River I-15/Railroad Cyn Perris Blvd (Cactus-PVSD) Perris Blvd SR-91/Van Buren IC Reche Canyon Van Buren (Clay —Santa Ana) Van Buren (Wash. -Wood) *Above projects are under agreement 2,200 3,542 211 900 1,492 2,122 30 1,462 350 en s endi a es $ 9,231 3,623 1,492 2,465 1,492 2,122 364 1,462 350 • Balance at end of FY 14/15 $ 1,204,500 (incl. FYs 13/14 & 14/15 commitments) • Total New Programming Requests for $32,439,000 FYs 13/14 & 14/15 • August TUMF Subcommittee meeting - - Which project(s) should we program? — Which project(s) gets delayed? 6 9/11/2013 �gionai Artery FY 13/14 & 14/15 New Project Programming Requests: Agency Project FY 13/14 Lake Elsinore 1-15 Railroad Cyn IC $ - Moreno Valley Perris Blvd (Ironwood -Manz.) 1,700 Riverside Co. Van Buren (Washington -Wood) 2,000 lurupa/Eastvale 1-15 Limonite Interchange $ 4 250 • Review FYs 13/14 and 14/15 TUMF programming requests after the Multi -funding Call for Projects is complete (Jan 2014) • In January, staff will review TUMF revenues as part of the mid -year budget process • TUMF expenditures will be reviewed and monitored over the next few months based on cash flow to determine if there is additional capacity in FYs 13/14 and 14/15 • Recommendations for TUMF programming will be presented to the Commission after January 7 9/11 /2013 ta�f Racer end • Approve the reimbursement amount of $3,051,636 • First payment is $490,000 • Subsequent payments based on the 5 percent set aside included in the annual budget until paid in full Note - Subsequent payments may be increased above the 5 percent set aside if the TUMF Subcommittee determines that there is available funding above programming needs Reimbursements will be processed and paid on a first come, first serve basis 8 DATE: CHECK IF DETACH AND SUBMIT TO THE CLERK OF THE BOARD VIO3 SUBJECT OF PUBLIC COMMENTS: O PUBLIC COMMENTS: AGENDA ITEM NO.: ECT OF J�-"' (AS LISTED ON THE AGENDA) , AGENDASUBJITEM' Re; h e4 NAME: 1-tOnAid �� ik PHONE NO.: q5.I ,SDI ADDRESS: 26 (g Sets ,' v4 I �t 5V'dn3 I �e�✓ oi¢ g eS (A sTIIrr Cmr ZIP CODE C, REPRESENTING:roveof b4' PHONE NO.: NAME orwompacy / ORGANIZATION / GROUP BUSINESS ADDRESS: S"Vs't STREET CITY ZIP CODE DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: ii Li 241 3 CHECK IF SUBJECT OF PUBLIC COMMENTS: O PUBLIC COMMENTS: AGENDA ITEM NO.: �O SUBJECT OF (AS LISTED ON THE AGENDA) AGENDA ITEM: NAME: PA•1 Pia` g ADDRESS: G 1D est A Asik - i 4 4250 �.. 1";;M(1 M 4,L) IZ 5.GP1€4)-I- PHONE NO.: 6)S 4A2`8f46 STREET CITY REPRESENTING: UPP"AitL% 6:geWeiter tC-5.7"- NAME OF AGENCY / ORGANIZ ION / GROUP BUSINESS ADDRESS: ay., PHONE NO.: ZIP CODE bra env ZIP CODE