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HomeMy Public PortalAbout10 October 9, 2013 CommissionMU mum Riverside County Transportation Commission MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, October 9, 2013 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ito COMMISSIONERS AGi Chair — Karen Spiegel Vice Chair — Marion Ashley Second Vice Chair — Daryl Busch 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 / Jesse Molina, 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. RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA * *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, October 9, 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 — TO BE SUBMITTED AT THE NEXT MEETING Riverside County Transportation Commission Agenda October 9, 2013 Page 2 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, PERMANENT ACCESS EASEMENT, BUILDING DEMOLITION EASEMENT, UTILITY EASEMENT, TEMPORARY ACCESS EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-020-039; 102-061-011; 102-420-036; 102-050-006; 102-050-003; 102-250-022; 101-290-017; 101-170-042 AND 102-020-009; 102-020-010; 102-020-046; 102-061-012; 102-280-021; 102-280-031; 118-040-031, 118-040-032, AND 118-040-033; 102-290-012 AND 102-290-013; 102-290-006; 118-330-017; 118-101-015; 118-171-018; 118-171-047; 117-070-030; 117-070-027; AND 117-114-012, 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. 13-043; 13-025; 13-044; 13-045; 13-046; 13-048; 13-050; 13-051; 13-052; 13-053; 13-054; 13-055; 13-056; 13-057; 13-058; 13-059; 13-060; 13-061; 13-062; 13-063; 13-064; 13-065; and 13-066, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Permanent Access Easement, Building Demolition Easement, Utility Easement, Temporary Access Easement, and Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-020-039; 102-061-011; 102-420-036; 102-050-006; 102-050-003; 102-250-022; 101-290-017; 101-170-042 and 102-020-009; 102-020-010; 102-020-046; 102-061-012; 102-280-021; 102-280-031; 118-040-031, 118-040-032, and 118-040-033; 102-290-012 and 102-290-013; 102-290-006; 118-330-017; 118-101-015; 118-171-018; 118-171-047; 117-070-030; 117-070-027; 117-114-012; 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 October 9, 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. COMMISSION OFFICER ROTATION POLICY Page 525 Overview This item is for the Commission to amend the Administrative Code to modify the current rotation policy of Commission officers. 8B. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES WITH PARSONS BRINCKERHOFF, INC. Overview This item is for the Commission to: Page 531 1) Approve Agreement No. 06-66-027-22, Amendment No. 11 to Agreement No. 06-66-027-00, with Parsons Brinckerhoff, Inc. (PB) for on -call strategic partnership advisor services to continue providing services for the proposed State Route 91 and Interstate 15 corridor improvement projects by extending the contract term of performance to June 30, 2017, and augmenting Agreement No. 06-66-027-00 by $1.5 million; 2) Authorize the Executive Director, or designee, to execute task orders under the terms of this agreement; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda October 9, 2013 Page 4 8C. CITY OF MORENO VALLEY REPROGRAMMING REQUEST Overview This item is for the Commission to: Page 540 1) Approve the request by the city of Moreno Valley (Moreno Valley) to reprogram Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program savings in the amount of $1.6 million from Perris Boulevard widening project from Cactus Avenue to Perris Valley Storm Drain (PVSD) Lateral "B" to the Perris Boulevard widening project from Ironwood Avenue to Manzanita Avenue; 2) Approve Agreement No. 06-72-041-02, Amendment No. 2 to Agreement No. 06-72-041-00, with Moreno Valley to add TUMF in the amount of $1.6 million for construction funding; 3) Approve Agreement No. 12-72-059-01, Amendment No. 1 to Agreement No. 12-72-059-00, with Moreno Valley to reduce construction funding by $1.6 million as a result of project savings; and 4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 8D. AWARDS FOR CONSTRUCTION FREEWAY SERVICE PATROL TOW TRUCK SERVICE DURING THE CONSTRUCTION OF THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Page 542 Overview This item is for the Commission to: 1) Award Agreement No. 14-45-009-00 to Steve's Towing (Steve's) for construction Freeway Service Patrol (Construction FSP) tow truck services on State Route 91 Corridor Improvement Project (SR -91 CIP) Beat No. 1 for a three-year term, in an amount not to exceed $2,220,000; and 2) Award Agreement No. 14-45-028-00 to Steve's for Construction FSP tow truck services on SR -91 CIP Beat No. 2 for a three-year term, in an amount not to exceed $1,480,000; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. Riverside County Transportation Commission Agenda October 9, 2013 Page 5 8E. FISCAL YEAR 2013/14 AGREEMENTS FOR REGIONAL RIDESHARE SERVICES Overview This item is for the Commission to: Page 573 1) Approve Agreement No. 14-41-031-00 with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter/employer rideshare services, regional ridematching services, and operation of the Inland Empire 511 (1E511) system for FY 2013/14 for an amount not to exceed $1.9 million; 2) Approve the following FY 2013/14 agreements for regional ridematching services: a) Agreement No. 09-41-075-04, Amendment No. 4 to Agreement No. 09-41-075-00, with the Los Angeles County Metropolitan Transportation Authority (Metro) for an amount not to exceed $196,243; b) Agreement No. 11-41-139-03, Amendment No. 3 to Agreement No. 11-41-139-00, with the Orange County Transportation Authority (OCTA) for an amount not to exceed $59,566; and c) Agreement No. 06-41-082-08, Amendment No. 8 to Agreement No. 06-41-082-00, with the Ventura County Transportation Commission (VCTC) for an amount not to exceed $16,198; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 8F. AGREEMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT TO FUND RIDESHARE THURSDAY CAMPAIGN RIDESHARE INCENTIVES Overview This item is for the Commission to: Page 588 1) Approve Agreement No. 14-41-032-00 with the South Coast Air Quality Management District (AQMD) for $250,000 to fund "Rideshare Thursday" Campaign Rideshare Incentives for the Inland Empire; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda October 9, 2013 Page 6 8G. AMENDMENT TO COMMISSION'S RAIL PROGRAM SHORT RANGE TRANSIT PLANS Page 605 Overview This item is for the Commission to: 1) Amend the Commission's Commuter Rail Program's FY 2009/10 and FY 2011/12 Short Range Transit Plans (SRTPs), as follows: a) Add the station upgrade project to the FY 2011/12 SRTP; b) Reallocate $295,568 of FY 2008/09 Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds in the FY 2009/10 SRTP plus accrued interest from the Perris Multimodal Transit Center to the station upgrade project in the FY 2011/12 SRTP; c) Reallocate $1,900,000 of FY 2010/11 Proposition 1B PTMISEA funds from the Perris Valley Line Closed Circuit Television (CCTV) project to the station upgrade project; and d) Allocate $554,941 of FY 2011-13 Proposition 1B PTMISEA funds from the Perris Valley Line CCTV project to the station upgrade project; and 2) Approve budget adjustments of $194,941 to increase revenues and $490,509 to increase expenditures. 8H. FEDERAL AND STATE LEGISLATIVE UPDATE Page 608 Overview This item is for the Commission to receive and file an update on federal and state legislation. 9. TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM — CITY OF CORONA DEVELOPER CREDIT REIMBURSEMENT Overview This item is for the Commission to: Page 630 1) Approve the reimbursement of $3,051,636 to the city of Corona (Corona), in accordance with the Transportation Uniform Mitigation Fee (TUMF) Administrative Plan, 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; Riverside County Transportation Commission Agenda October 9, 2013 Page 7 2) Approve Agreement No. 14-72-013-00 between the Commission and Corona that stipulates $665,000 will be paid to Corona upon execution of the agreement and additional reimbursement payments of up to 10 percent of annual TUMF budgeted regional arterial revenues will be reimbursed to Corona on June 30 of each year until the $3,051,636 obligation is completely satisfied; 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 TUMF regional arterial expenditures $490,000. 10. RAIL SERVICE THROUGH THE PASS AREA TO THE COACHELLA VALLEY Overview This item is for the Commission to: Page 633 1) Approve the Memorandum of Understanding (MOU) No. 14-25-034-00 between the Commission and the Coachella Valley Association of Governments (CVAG) whereby the Commission shall establish and administer the Coachella Valley Rail fund; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize staff to set aside Transportation Development Act (TDA) State Transit Assistance (STA) funding to be utilized specifically for the Coachella Valley in support of the rail program at specified multi -year levels; 4) Approve a bus/rail funding split and the terms and conditions; 5) Approve an amendment to the Commission's Commuter Rail Short Range Transit Plan (SRTP) to set aside $4.2 million of Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds to initiate Coachella Valley Rail through the Pass Area; 6) Authorize staff to seek approval to apply for a letter of no prejudice (LONP) for Proposition 1B funds to allow the Commission to expend local funds prior to the state bond sale and disbursement; 7) Authorize staff to establish a Coachella Valley Rail specific SRTP and establish a separate funding and accounting process at the Commission; 8) Authorize the Executive Director to execute a letter of understanding with Caltrans in support of project development; 9) Adopt Resolution No. 13-042, "Resolution of Support to Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area"; and 10) Receive an update on next steps for Coachella Valley Rail project development, including the service development plan, alternatives analysis, and discussion on potential for future environmental analysis. Riverside County Transportation Commission Agenda October 9, 2013 Page 8 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, November 13, 2013, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. AGENDA ITEM 6 PUBLIC HEARING RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Mark Lancaster, Acting Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Adoption of Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Permanent Access Easement, Building Demolition Easement, Utility Easement, Temporary Access Easement, and Temporary Construction Easement Interests in Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-020-039; 102-061-011; 102-420-036; 102-050-006; 102-050-003; 102-250-022; 101-290-017; 101-170-042 and 102-020-009; 102-020-010; 102-020-046; 102-061-012; 102-280-021; 102-280-031; 118-040-031, 118-040-032, and 118-040-033; 102-290-012 and 102-290-013; 102-290-006; 118-330-017; 118-101-015; 118-171-018; 118-171-047; 117-070-030; 117-070-027; and 117-114-012, 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. 13-043; 13-025; 13-044; 13-045; 13-046; 13-048; 13-050; 13-051; 13-052; 13-053; 13-054; 13-055; 13-056; 13-057; 13-058; 13-059; 13-060; 13-061; 13-062; 13-063; 13-064; 13-065; and 13-066, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Permanent Access Easement, Building Demolition Easement, Utility Easement, Temporary Access Easement, and Temporary Construction Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-020-039; 102-061-011; 102-420-036; 102-050-006; 102-050-003; 102-250-022; Agenda Item 6 1 101-290-017; 101-170-042 and 102-020-009; 102-020-010; 102-020-046; 102-061-012; 102-280-021; 102-280-031; 118-040-031, 118-040-032, and 118-040-033; 102-290-012 and 102-290-013; 102-290-006; 118-330-017; 118-101-015; 118-171-018; 118-171-047; 117-070-030; 117-070-027; 117-114-012; 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 listed below. 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, Commission 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 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 has adopted 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 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 in compliance with applicable law 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 mixed flow 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. 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 satisfies Agenda Item 6 3 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 property owner was provided an opportunity to participate in 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 has in some cases 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 that 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. 13-043 — Owner: Griffiths Properties, LLC; APN 102-020-039; CPNs 22108-1 and 22108-2 APN 102-020-039 is owned by Griffiths Properties LLC, an Arizona limited liability company. The property is irregularly shaped and consists of approximately 214,315 square feet. It is currently improved with a commercial building with a loading dock in the back. The property is bounded by Wardlow Road to the south, Research Drive to the east, and other commercial buildings to west and north. The design of the SR -91 CIP necessitates the Commission acquire fee and temporary construction easement interests in portions of the property because the south side of the subject property is impacted due to the widening of SR -91 resulting in shifting Wardlow Road Agenda Item 6 4 north toward the subject property. The realignment of Wardlow Road primarily affects the existing driveway located at the southwest corner on the southern frontage of the subject property, as well as the landscaping across the south frontage. As a result, the widening will require a fee acquisition of the southern part of the subject property and a temporary construction easement for the construction of Wardlow Road. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-043. 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 Continuance of Hearing to Property Owners was mailed on August 23, 2013. RON No. 13-025 — Owner: Wayne Kanemoto; APN 102-061-011; CPNs 22118-1, 22118-2, 22118-3, and 22118-4 APN 102-061-011 is owned by Wayne Kanemoto as Trustee of the Wayne Kanemoto Living Trust 2002 dated January 2, 2002. The property is rectangular in shape and consists of approximately 8,233 square feet. It is currently improved with a single family residence. The property is bounded by the freeway to the north, Northmoor Drive to the south, and residential homes to the east and west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, utility easement and temporary construction easement interests in portions of the property because a portion of the subject property is impacted due to the widening of SR -91. This widening will require a sound and retaining wall on the north side of the subject property, which will affect the subject property by adding a permanent wall footing and a temporary construction easement for construction. In addition, this widening will require a relocation of the existing utility easement. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-025. 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 Continuance of Hearing to Property Owners was mailed on September 25, 2013. RON No. 13-044 — Owner: Anaheim Investors, LLC; APN 102-420-036; CPNS 22125-1, 22125-2, 22125-3 and 22125-4 APN 102-420-036 is owned by Anaheim Investors LLC, a Delaware limited liability company. The property is rectangular in shape and consists of approximately 158.863 square feet. It is currently improved with an office building. The property is bounded by westbound Auto Center Drive off -ramp to the south, a BNSF rail spur to east, and other businesses to the west and north. Agenda Item 6 5 The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, utility easement, and temporary construction easement interests in portions of the property because the south side of the subject property is impacted due to the widening of SR - 91 and resulting realignment of the westbound Auto Center Drive off -ramp. The freeway will be expanded north, which requires the off -ramp to be shifted north into the parking lot on the south side of the property. This widening will require retaining walls, which will directly affect the subject property. Additionally, a utility easement is required through the southern portion of the property for the relocation of an impacted city water main. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-044. 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. 13-045 — Owner: Serfas Development, LLC; APN 102-050-006; CPNs 22122-1, 22122- 2, 22122-3, 22122-4, 22122-5, 22122-6, 22122-7, 22122-8, 22122-9, and 22122-10 APN 102-050-006 is owned by Serfas Development, LLC, a California limited liability company; Sherman Shyh Huang Lee and Min Ling Lee, Trustees of the Sherman Shyh Huang Lee Family Trust dated July 19, 1984; Chi -Yu King and Bi Shia King; Hsing Chieh Shih and Bi-Yu W. Shih, Trustees of the Hsing-Chieh and Bi-Yu W. Shih Living Trust, dated February 3, 2003; Bih Lien Chuang and Yen -Shan Chuang; Roger C. Wang and Eva W. Wang. The property is irregular in shape and consists of approximately 4,665,711 square feet. It currently is improved with an abandoned golf course. The property is bounded by the freeway to the north and west, a residential neighborhood along the south, and Serfas Club Drive to the east. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, and temporary construction easement interests in portions of the property because the north side and east side of the subject property are impacted due to the widening of SR -91 and resulting realignment of the Serfas Club Drive on and off -ramps. This widening will require retaining walls, which will affect the north frontage of the subject property. Additionally, due to the reconfiguration of the Serfas Club Drive interchange, a driveway to the property on the north border must be reconfigured. The existing driveway will not meet Caltrans intersection spacing standards as it will be too close to the Frontage Road intersection, which is needed to control the high volume of traffic. This realignment results in the direct passing of Frontage Road through the northeastern portion of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-045. 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 September 9, 2013. Agenda Item 6 6 RON No. 13-046 — Owner: Serfas Development, LLC; APN 102-050-003; CPNs 22131-1, 22131-2, and 22131-3 APN 102-050-003 is owned by Serfas Development, LLC, a California limited liability company; Sherman Shyh Huang Lee and Min Ling Lee, Trustees of the Sherman Shyh Huang Lee Family Trust dated July 19, 1984; Grace Dora Hsu; Alice Tamoura Lee; Chi -Yu King and Bi Shia King; Bih- Lien Chuang and Yen -Shan Chuang; Pinecrest Badger Associates, LLC, a California limited liability company; Tai -Nan Wang and Hsiu-Mei Wang; Hsing-Chieh Shih and Bi-Yu W. Shih, Trustees of the Hsing-Chieh and Bi-Yu W. Shih Living Trust, dated February 3, 2003. The property is irregular in shape and consists of approximately 4,665,711 square feet. It currently is improved with an abandoned golf course. The property is bounded by residential neighborhoods along the north and south and Serfas Club Drive 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 because the northwest portion of the subject property is impacted due to the widening of SR -91 and resulting realignment of the Serfas Club Drive on and off -ramps. This realignment results in the southern shift of Frontage Road, which directly affects the northwest corner of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-046. 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 September 9, 2013. RON No. 13-048 — Owner: Gerald A. Hale and Patricia A. Hale; APN 102-250-022; CPNs 22160-1, 22160-2, 22160-3, and 22160-4 APN 102-250-022 is owned by Gerald A. Hale, as Trustee of the Gerald A. Hale Trust dated March 4, 1998, and Patricia A. Hale. The property is rectangular in shape and consists of approximately 8,776 square feet. It is currently improved with a building that is used as a residence and a business. The property is bounded by Chevron gas station to north, other commercial/residential properties to south, Paseo Grande to the east, and a vacant lot 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 because a portion of the subject property is impacted due to the widening of Paseo Grande on the east and the realignment of the existing Frontage Road to the west. The realignment of Frontage Road is required to meet Caltrans access control standards at the proposed eastbound Maple Street on -ramp, as well as improving the traffic level of service at the Sixth Street/Paseo Grande intersection. The widening of Paseo Grande is necessary to provide continuous pedestrian access to the realigned Frontage Road. Agenda Item 6 7 The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-048. 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. 13-050 - Owner: Prado Land Company, L.P.; APN 101-290-017; CPNs 22090-1, 22090-2, and 22090-3 APN 101-290-017 is owned by Prado Land Company, L.P. The property is irregularly shaped and consists of approximately 71,572 square feet. It is currently improved with retail shops. The property is bounded by other businesses to the north and south, the westbound Green River Road on -ramp to the east, and Green River Road to the west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, and temporary construction easement interests in portions of the property because the southeastern border of the subject property is impacted due to the widening of SR -91 and the resulting realignment of the westbound Green River Road on -ramp. This widening requires a retaining wall, which directly impacts the subject property. A temporary construction easement is required along the southeastern border, which affects the drive-thru for the restaurant on the property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-050. 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. 13-051 - Owner: Wardlow Road Development, LLC; APNs 101-170-042 and 102-020-009; CPN 22102-1 APNs 101-170-042 and 102-020-009 is owned by Wardlow Road Development, LLC, a California limited liability company. The property is triangular in shape and consists of approximately 169,012 square feet. It is currently improved with two commercial industrial buildings. The property is bounded by BNSF to the north, the freeway to the south, and other buildings to the east. The design of the SR -91 CIP necessitates the Commission acquire a temporary access easement interest in a portion of the property because the southern portion of the subject property is impacted due to the widening of SR -91 and bridge reconstruction over the BNSF railroad. A temporary access easement for BNSF is required through the property parking lot for bridge access from Wardlow Road. Agenda Item 6 8 The legal definition, legal description, and plat map of the portion to be acquired are exhibits to Resolution of Necessity No. 13-051. 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. 13-052 — Owner: Larry R. Hooped; APN 102-020-010; CPNs 22107-1 and 22107-2 APN 102-020-010 is owned by Larry R. Haupert. The property is irregularly shaped and consists of approximately 188,179 square feet. It is currently improved with two office buildings. The property is bounded by BNSF Railway to the north, Wardlow Road to the south, and other businesses to the east and west. The design of the SR -91 CIP necessitates the Commission acquire fee and temporary construction easement interests in portions of the property because a portion of the subject property is impacted due to the widening of SR -91 by about 40 feet north of the existing edge of travel way, resulting in shifting Wardlow Road north toward the subject property. This widening will require a fee acquisition of the southern part of the subject property and a temporary construction easement for construction. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-052. 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 Continuance of Hearing to Property Owners was mailed on August 23, 2013. RON No. 13-053 — Owner: Prestige KIA; APN 102-020-046; CPNS 22109-1 and 22109-2 APN 102-020-046 is owned by Prestige Kia Riverside, a California LLC. The property is rectangular in shape and consists of approximately 109,423 square feet. It is currently improved with a car dealership. The property is bounded by Research Drive to the north and west, Wardlow Road to the south, and adjoining businesses 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 a small portion of the southwest corner of the subject property is impacted due to the widening of SR -91 and resulting northern shift of Wardlow Road, which borders the south of the property. This widening causes Wardlow Road to shift north slightly and affects the sidewalk on the southern frontage of the subject property. The legal definitions, legal descriptions, and plat map of the portion to be acquired are exhibits to Resolution of Necessity No. 13-053. 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 9 RON No. 13-054 — Owner: Richard Lewis Curtis and Rebecca Christine Curtis; APN 102-061-012; CPNs 22119-1, 22119-2, 22119-3, and 22119-4 APN 102-061-012 is owned by Richard Lewis Curtis and Rebecca Christine Curtis, Trustees of the Family Trust of Richard Lewis Curtis and Rebecca Christine Curtis, dated July 31, 1997. The property is rectangular in shape and consists of approximately 8,276 square feet. It is currently improved with a single family residence. The property is bounded by the freeway to the north, Northmoor Drive to the south, and residential homes to the east and west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, utility easement, and temporary construction easement interests in portions of the property because a portion of the subject property is impacted due to the widening of SR -91. This widening will require a sound and retaining wall on the north side of the subject property, which will affect the subject property by adding a permanent wall footing and a temporary construction easement for construction. In addition, this widening will require a relocation of the existing utility easement. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-054. 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. 13-055 — Owner: Martin Investment Company; APN 102-280-021; CPN 22147-1 APN 102-280-021 is owned by Martin Investment Company, a limited partnership. The property is rectangular in shape and consists of approximately 68,825 square feet. It is currently improved with an office building and associated parking. The property is bounded by businesses to the north, westbound Maple Street off -ramp to south, American Circle to east, and Maple Street 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 the west side of the subject property is impacted due to the realignment of South Maple Street interchange resulting from the widening of SR -91. Maple Street is being widened slightly, which results in the driveway into this property to be reconstructed and moved further into the subject property. A temporary construction easement is required for this widening, which directly affects the top western frontage of the subject property. The legal definition, legal description, and plat map of the interest to be acquired are exhibits to Resolution of Necessity No. 13-055. 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 September 9, 2013. Agenda Item 6 10 RON No. 13-056 — Owner: Storage Direct at Corona, LLC; APN 102-280-031; CPNs 22151-1, 22151-2, 22151-3, 22151-4, and 22151-5 APN 102-280-031 is owned by Storage Direct at Corona, LLC, a California limited liability company, and McKibban Storage I, LLC, a California limited liability company. The property is irregularly shaped and consists of approximately 81,470 square feet. It is currently improved with a self -storage facility. The property is bounded by Pomona Road to the north, the freeway to the south, and businesses to the east and west. The design of the SR -91 CIP necessitates the Commission acquire fee, temporary access easement, demolition easement, permanent wall footing easement, and temporary construction easement interests in portions of the property because the south side of the subject property is impacted due to the widening of SR -91 and the resulting realignment of the South Maple Street westbound off -ramp. This realignment requires retaining walls, which directly affect the southern frontage of the subject property. Additionally, a temporary access easement is required through the northwest portion of the property to allow access to demolish one building. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-056. 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. 13-057 — Owner: Janaco, LLC; APNs 118-040-031, 118-040-032, and 118-040-033; CPNs 22154-1, 22154-2, and 22154-3 APNS 118-040-031, 118-040-032, and 118-040-033 are owned by Janaco, LLC, a California limited liability company (formerly owned by Fago). The property is irregularly shaped and consists of approximately 125,018 square feet. It is currently improved with three buildings. The property is bounded by Pomona Road to south and businesses to the north, west and east. The design of the SR -91 CIP necessitates the Commission acquire fee, temporary construction easement, and demolition easement interests in portions of the property because the south side of the subject property is impacted due to the widening of SR -91. The resulting westbound freeway requires an additional 45 feet of freeway width, requiring a northern shift of the Pomona Road alignment, directly impacting the southern frontage of the subject property and requiring the cut and reface of one building to meet city set -back requirements. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-057. 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 11 RON No. 13-058 — Owner: Gordon Holdings, L.P.; APNs 102-290-012 and 102-290-013; CPNs 22168-1, 22168-2, 22168-3, 22168,-4 and 22168-5 APNS 102-290-012 and 102-290-013 are owned by Gordon Holdings, L.P., a California limited partnership. The property is irregularly shaped and consists of approximately 228,254 square feet. It is currently improved with a car dealership and maintenance facility. The property is bounded by the freeway to the north, another car dealership to the south, and assorted businesses to the east and west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, access easement, demolition easement, and temporary construction easement interests in portions of the property because the north side of the subject property is impacted due to the widening of SR -91 and the eastbound Maple Street on -ramp will be realigned from the Maple Street overcrossing to the Sixth Street/Paseo Grande intersection. The on -ramp merge directly impacts the northern frontage of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-058. 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. 13-059 — Owner: Diversified Products International, Inc.; APN 102-290-006; CPNs 22169-1, 22169-2, and 22169-3 APN 102-290-006 is owned by Diversified Products International Incorporated, a Nevada corporation. The property is irregular in shape and consists of approximately 341,750 square feet. It is currently improved with a truck dealership. The property is bounded by the freeway to the north, Sixth Street to the south, Yorba Street to the east, and a business to the west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, and temporary construction easement interests in portions of the property because the north side of the subject property is impacted due to the widening of SR -91 and the resulting realignment of the South Maple Street eastbound on -ramp. Due to this widening, the Maple Street eastbound on -ramp will also be realigned and shifted south. This realignment requires retaining walls, which directly affect the northern frontage of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-059. 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 September 9, 2013. Agenda Item 6 12 RON No. 13-060 — Owner: EI-Corona; APN 118-330-017; CPNs 22176-1, 22176-2, 22176-3, 22176-4, 22176-5, and 22176-6 APN 118-330-017 is owned by EI-Corona, LLC, a California limited liability company. The property is rectangular in shape and consists of approximately 150,718 square feet. It is currently improved with a commercial industrial building housing a self -storage facility and other businesses. The property is bounded by Pomona Road to the south, and businesses in all other directions. The design of the SR -91 CIP necessitates the Commission acquire fee, temporary access easement, demolition easement, and temporary construction easement interests in portions of the property because a portion of the subject property is impacted 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 existing building on the southern part of the property. To accommodate for 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 and a cut and reface of the building. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-060. 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. 13-061 — Owner: Southern California Edison; APN 118-101-015; CPNs 22185-1 and 22185-2 APN 118-101-015 is owned by Southern California Edison Company, a California corporation who acquired title as California Electric Power Company, a corporation by merger. The property is square in shape and consists of approximately 6,534 square feet. It is currently improved with an Edison sub -station. The property is bounded by the freeway to the north, vacant lots to the south and west, and South Sherman Way to the east. The design of the SR -91 CIP necessitates the Commission acquire a permanent wall footing easement and temporary construction easement interests in portions of the property because the north side of the subject property is impacted due to the widening of SR -91. Retaining walls are required for this widening, and the construction easement directly affects the northern frontage of the subject property. Agenda Item 6 13 The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-061. 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. 13-062 — Owner: Corona Gardens Partners; APN 118-171-018; CPNs 22187-1, 22187-2, 22187-3, and 22187-4 APN 118-171-018 is owned by Corona Gardens Partners, a California limited partnership. The property is rectangular in shape and consists of approximately 74,052 square feet. It is currently improved with multi -family residential units. The property is bounded by the freeway to the north, D Street to the south, and other residential units to the east and west. The design of the SR -91 CIP necessitates the Commission acquire a permanent wall footing easement, temporary construction easement, demolition easement, and access easement interests in portions of the property because the north side of the subject property is impacted due to the widening of SR -91. Retaining walls are required for this widening, and the construction easement directly affects the northern frontage of the subject property. Additionally, a temporary access easement is necessary to provide access for demolition, which directly affects the subject property as it passes along the eastern border of the property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-062. 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. 13-063 — Owner: David G. Dixon; APN 118-171-047; CPN 22212-1 APN 118-171-047 is owned by decedent David G. Dixon. The property is irregular in shape and consists of approximately 1,307 square feet. It is currently vacant. The property is bounded by freeway to the north, a motel to the south, Lincoln Avenue to the east, residential units to the west. The design of the SR -91 CIP necessitates the Commission acquire full fee interest in the property because the subject property is impacted due to the widening of SR -91. The freeway will be expanding to the south, and this expansion requires a full fee take of the subject property. The legal description, and plat map of the property are exhibits to Resolution of Necessity No. 13-063. 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 September 9, 2013. Agenda Item 6 14 RON No. 13-064 — Owner: U.S. Bank National Association; APN 117-070-030; CPNs 22247-1, 22247-2, and 22247-3 APN 117-070-030 is owned by U.S. Bank National Association, as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP10 Commercial Mortgage Pass -Through Certificates, Series 2007-LPD10. The property is rectangular in shape and consists of approximately 59,677 square feet. It is currently improved with two commercial buildings. The property is bounded by West Grand Boulevard to the north, the westbound Main Street onramp to south, Washburn Circle to the east, and assorted residential units to the west. The design of the SR -91 CIP necessitates the Commission acquire fee, permanent wall footing easement, and temporary construction easement interests in portions of the property because the south side of the subject property is impacted due to the widening of SR -91 and the resulting realignment of the westbound Main Street on -ramp, which directly impacts the southern frontage of the subject property The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-064. 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 15 RON No. 13-065 — Owner: APGG LLC; APN 117-070-027; CPNs 22268-1 and 22268-2 APN 117-070-027 is owned by APGG, LLC, a California limited liability company. The property is rectangular in shape and consists of approximately 32,006 square feet. It is currently improved with a commercial building. The property is bounded by West Grand Avenue to north, Main Street to the east, a business to the south and a restaurant 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 because the northeast side of the subject property is impacted due to the widening of SR -91 and the resulting reconfiguration of the Main Street interchange. Main Street will be widened to accommodate the traffic flow, and this will directly affect the eastern frontage of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-065. 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. 13-066 — Owner: Redevelopment Agency of the City of Corona; APN 117-114-012; CPNs 22588-1 and 22588-2 APN 117-114-012 is owned by the Redevelopment Agency of the City of Corona, a dissolved public body, subject to Section 34173 of the California Health and Safety Code. The property is irregularly shaped and consists of approximately 3,159 square feet. It is currently improved with a parking lot. The property is bounded by businesses to the north and east, 4th Street to south, and South Main Street to west. The design of the SR -91 CIP necessitates the Commission acquire fee and temporary construction easement interests in portions of the property because the northwest side of the subject property is impacted due to the widening of Main Street, resulting in fee acquisition that directly affects the driveway on the west side of the subject property. The legal definitions, legal descriptions, and plat maps of the portions to be acquired are exhibits to Resolution of Necessity No. 13-066. 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 September 9, 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 Lawyers 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. Agenda Item 6 16 The Commission had the properties appraised by appraisal firms Hawran & Malm, LLC; Integra Realty Resources; Kiley Company; Lidgard and Associates; 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. Fixture and equipment appraisals were prepared by Crockett & Associates, Ltd.; Desmond, Marcello & Amster; and Hodges Lacey & Associates, LLC. 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. 13-043 and Correspondence from the Property Owner or Representative 2) Resolution No. 13-025 and Correspondence from the Property Owner or Representative 3) Resolution No. 13-044 and Correspondence from the Property Owner or Representative 4) Resolution No. 13-045 and Correspondence from the Property Owner or Representative 5) Resolution No. 13-046 (Correspondence combined under RON No. 13-045) 6) Resolution No. 13-048 and Correspondence from the Property Owner or Representative 7) Resolution No. 13-050 and Correspondence from the Property Owner or Representative 8) Resolution No. 13-051 9) Resolution No. 13-052 and Correspondence from the Property Owner or Representative 10) Resolution No. 13-053 11) Resolution No. 13-054 12) Resolution No. 13-055 13) Resolution No. 13-056 14) Resolution No. 13-057 15) Resolution No. 13-058 16) Resolution No. 13-059 17) Resolution No. 13-060 18) Resolution No. 13-061 19) Resolution No. 13-062 20) Resolution No. 13-063 21) Resolution No. 13-064 22) Resolution No. 13-065 23) Resolution No. 13-066 Agenda Item 6 17 ATTACHMENT 1 RESOLUTION NO. 13-043 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. 102-020-039, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-020-039 (Caltrans Parcel No. 22108), for the State Route 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, October 9, 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. 18 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 19 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 9th day of October, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 20 21 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 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\8088088.1 EXHIBIT PAGE 1 23 PSOMAS 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 1 EXHIBIT 'Al' LEGAL D SCRIPT ,1 N Caltrans Parcel No. 22108-1 Fee Acquisition APN 102-020-039 In the City of Corona, County of Riverside, State of California; being a portion of the land described in the deed recorded June 28, 2012 as Document No. 2012-0301335 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence North 20°57'48" East 8.12 feet along the westerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,658.43 feet, to which point a radial line bears South 21°30`37" West; thence easterly along said curve 351.51 feet through a central angle of 07°34'33" to a point on the general southerly line of said land; thence along said general southerly line the following three (3) courses: 1) South 63°42'24" West 3.70 feet; 2) North 80°32'34" West 56.70 feet to the beginning of a curve concave northerly having a radius of 960.00 feet; and 3) westerly along said curve 294.10 feet through a central angle of 1.7°33'10" to the Point of Beginning. Containing 3,971 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. P:\2PT60105011SURVEY\LEGALS\22108_102-020-039\Legals\22108-1 Fee,doe 10/31/2012 Page 1 of 2 EXH IBIT211 PAGE 2 PSOMAS 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 Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:\2PTG01050t\SI7RVEY'LEGALS\22108_102-020-039\Legals122108-1 Fee,doc 10/31/2012 Page 2 of 2 EXHIBITS PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22108-1 FEE 3971 SQ.FT. 102-020-039 1\179°20'31"E ------s 510°39'29"E 69.00' /Z07--------, 1 1.00' �` �....- 1 " 570°?_9'04"E 45.32" S31°08'58"E 10.91' o S10 39'29 E 111.78 _ o o O o RADIAL TABLE 569°02'36"E R1 - N39° 50'16"W 1 �' ,f'- 69.90' R2 - S27°00'36"W eN�rJ1 _ CURVE TABLE 11 C1 - R=60.00' L=58.12' A=55°29'56" a ��Fti I-2 C2 - R=74.00' L=74.89' A=57°59'15" .. ZO -- C3 - -- R=40.00' L=12.06' A=17°16'54" '0 N-16 LINE TABLE c� FOR, OF LOT JO (J �, L1 - N79°20'31 "E 8.00' T C-1 NO.. 2013-7 L2 - 510°39'29"E 40.80' v- 1'1i , EL 1 '1 1 / 92-97 L3 - SO7°49'31"E 50.00' i. 1 L4 - 563°42'24"W 50.67' o \ 1 L5 N80°32`34"W 56.70' > C3 z ILd .. L6 - 563°42'24"W 3.70' DOC. 1. DOC . NO. 1 ��s�c,. J7,,i�c) rJ����,� pro 201 2-0361 335 Li,t° !32I] - ,� `'- tyq'QD4 --- O r�All I A6_ r_ ` IV) ° 30 3�, Lilo rcr\- ILL' 1 Fz=2658 -� _` 4o3L=3S1 i _I 1 -------:-z-__ __ `--\ RC)gD- - _ 4=0 7 4 `33' . 51 °E) ``q2 8-960 0� — --_'—— __ 1 10 LEGEND -_�---_-- _ - POB Indicates Point Of Beginning __ — -________ V (R) Indicates Radial Bearing ROUTE 91 RIVERSIDE ( )Title to State FREEWAY I 1 1 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 1-o obtain ground 22108-1 FEE ACQUISITION distances. All distances ore in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED SY: PSOMAS `, 4b53 fF�z; 8t DATE: 10-31-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.1 1 1 EXHIBIT PAGE 4 27 PSOMAS EXHIBIT '131' 2 3 4 Caltrans Parcel No. 22108-2 5 Temporary Construction Easement 6 APN 102-020-039 7 s In the City of Corona, County of Riverside, State of California, being a portion of the 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 LEGAL DESCRIPTION land described in the deed recorded June 23, 2012 as Document No. 2012-0301335 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence North 20°57'48" East 8.12 feet along the westerly line of said land to a point thereon, said point being the True Point of Beginning; thence North 20°57'48" East 24.48 feet continuing along said westerly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,750.99 feet, to which point a radial line bears South 20'59'42" West; thence easterly along said curve 43.37 feet through a central angle of 00°54'12"; thence South 21'40'07" West 12.86 feet to a point, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,646.43 feet, to which point a radial line bears South 2034'38" West; thence easterly along said curve 321.05 feet through a central angle of 06°57'03" to a point on the general southerly line of said land; thence South 63°42'24" West 18.64 feet along said general southerly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,658.43 feet, to which point a radial line bears South 13°56'04" West; thence westerly along said curve 351.51 feet through a central angle of 07°34'33" to the True Point of Beginning. Containing 4,843 square feet. See Exhibit 'B2' attached hereto and made a part hereof. P:\2PTG010501'SURVEY\LEGA1. S'22108_1.02-020-03'9\Legals122108.2__' [CE. dog 10131[2012 Page 1 of 2 EXHIBITTPAGE 5 PSOMAS 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 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. Prepared under the direction of Date P:12PTGO 10S01\SURVEY\LEGALS\22108_l02-020-039\Legais\22108-2 TCE,doe 10/31/2012 Page 2 of 2 EXHIBITTPAGE 6 EXHIBIT B2 PARCEL# 22108-2 TITLE TCE RADIAL TABLE R1 R2 — R3 — R4 — R5 — R6 — R7 — — N39°50'16"W 527°00'36"W 520°59'42"W 520°05'30"W S20° 34'38"W 513°56'04"W 521°30'37"W CURVE TABLE C1 — C2 — C3 — C4 _ C5 — LINE L1 — L 2 -- L3 — L4 — L5 — L6 — R=60.00' L=58.12' R=74.00' L.=74.89' R=40.00' L==12.06" R=2750.99' L=43.37' R=2658.43'L=351.51 TABLE N79°20'31 "E 510039'29"E S07°49'31 "E 563°42'24"W N80° 32'34"W 563°42'24"W 8.00' 40.80' 50.00' 50.67' 56.70' 18.64' 0,0 \\� , rP08 . ° R 3 / q0 i t J AREA 4843 50.r T. N79°20'31 "t 11.00' A=55°29'56" 29'56" A=57°59'15" A=17°16'54" A-00°54'12" 'A=07°34'33" 0 r, - 11 { LEGEND ROB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 (( Access Prohibited R4 1 APN 102-020-039 510°39'29"E 69.00' S70°29'04"E 45.32' --S31 °08`58"E 1 0.91 ' 510°39'29"E 111.78' S69°02'36"E 69.90' FOR, Or LOT 10 TRACT No, 20137 M,8, 141 / DOC. NO. 2012-0301335 O.R. 521°40'07"W 12.86' R,2646.43, (_ 4=-0601- ,; 3 1.05 —9 0 0-33 4. 0' 10= 0 s4 J I� 102-020-047 icc 32" L6 L5 R6 �{ ------_-- ROUTE9191 RIVERSIDE FREEWAY 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. 22108-2 TEMPORARY CONSTRUCTION EASFF.AE N FEET 0 50 100 200 300 PREPARED BY: PSOMAS i.,,Hpan Ce,,tre Jrive, :'e. .'00 Santo Ana, CalifJ nia 9::707 (71,)451-°.)5/(714;54 k%?.5 (.Oi) DATE: 10-31-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.1 1 1 EXHIBIT3DPAGE 7 31 33 GRIFFITHS PROPERTIES, LLC 3638 East Woodbine Road Orange, CA 92867 September 6, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street 3rd Floor Riverside, CA 92501 CAL OdC- SEP 0 9 2013 j RIVERSIDE COUNTY TRANSPORTATION COMMISSION Re: SR -91 Corridor Improvement Project Caltrans parcel No. 22108-1 and APN 102-020-039 We have received your August 23, 2013 correspondence noticing the continuation of the hearing on the Resolution of Necessity to October 9, 2013. We would request any updated information and plans be provided at least fifteen (15) days prior to the hearing so we may properly prepare for the hearing. Per California Civil Procedure section 1245.235 (b)(3) we are providing this written request within 15 days of notice requesting to appear and be heard and are not waiving our rights in this matter. Griffiths Properties, LLC 34 ATTACHMENT 2 RESOLUTION NO. 13-025 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. 102-061-011, 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 a 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. 102-061-011 (Caltrans Parcel No. 22118), for the State Route 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, October 9, 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, 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. 35 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/or 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 36 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 9th day of October, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 37 38 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\8088090.1 EXHIBIT3PAGE 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 6, 2017, or upon tiling 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\8088090.1 EXHIBIT PAGE 2 PSOMAS 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 EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22118-1 Fee Acquisition APN 102-061-011 In the County of Riverside, State of California, being a portion of the land described in the Deed recorded December 4, 2007 as Document No. 2007-0726498 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said land; thence South 18°52'19" West 3.95 feet along a portion of the easterly line of said land; thence North 80°32'54" West 81.21 feet to a point on the westerly line of said land; said point being South 11°40'44" West 3.82 feet from the northwesterly corner thereof; thence North 11°40'44" East 3.82 feet along said westerly line to said northwesterly corner; thence South 80°36' 15" East 81.70 feet along the northerly line of said land to the Point of Beginning. Containing 314 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. 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:12PTG0105011SURVEY\LEGALS\22118_102-061-011 \Legals\22118-1_F1 E.doc 3/22/2013 I'age 1 of 2 EXHIBITL PAGE 3 PSOMAS 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 Prepared under the direction of Brian E. Bullock, PLS 5260 5-Z2-/3 Date P:\2PTGO 10501 \SURVEY\LEOALS\22118_ 102-061-0111Legals\22118-1 _FEE.doc 3/22/2013 Page 2 of 2 EXHIBITL PAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 22118-1 FEE 314 SO.FT. 102-061-011 ROUTE 91 RIVERSIDE FREEWAY 172 173 174 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 2118-- 1 3.82' LOT w d' N d' Co O O a TRACT 95 LEGEND POB indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing < ) Title to State 1111_ Access Prohibited POB S80° 36'15"E 81.70' N80° 32'54"W 81.21' DOC. NO. 2007- 0726498 O.R. 2585,, M,a, 47 LOT 96 L=7°11'35" R=532.99' L=66.91' NOR T yMDOR DR/ 3.95' /EXISTING R/W VE POSED R/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. 22118-1 FEE ACOUI SI TION FEET 0 25 50 100 150 PREPARED BY: PSOMAS DATE: 09-27-11 REV.: 03-22-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hut ton (..vottr Orivo '-tc. lop Sonia Ana, California 92707 (7141481.8053/(714)545.8883 (Fail 8 ErC IT PAf.9 5 3.3 1 1 44 PSOMAS 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 EXHIBIT `B1' LEGAL DESCRIPTION Caltrans Parcel No. 22118-2 Permanent Wall Footing Easement APN 102-061-011 In the County of Riverside, State of California, being a portion of the land described in the Deed recorded December 4, 2007 as Document No. 2007-0726498 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said land; thence South 18°52'19" West 3.95 feet along a portion of the easterly line to a point, said point being the True Point of Beginning; thence South 18°52'19" West 7.10 feet continuing along said easterly line to a point thereon; thence North 80°32'54" West 80.32 feet to a point on the westerly line of said land; thence North 11°40'44" East 7.01 feet along said westerly line to a point, said point being South 11 °40'44" West 3.82 feet from the northwesterly corner thereof; thence South 80°32'54" East 81.21 feet to the True Point of Beginning. Containing 565 square feet. See Exhibit `B2' 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:\2PT0010501 \SURVEY\LEUALS122118_102-061-011 \Legels\22118-2_PE.doc 3/22/2013 Page 1 of 2 EXHIBITL5 PAGE 6 PSOMAS 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 Prepared under the direction of Brian E. Bullock, PLS 5260 .2243 Date P:\2 PTG010501 \SURVEY\LEGALS\22I 18_ 102-061-011 \l.cgals\22118-2_PE.doc 3/22/2013 Page 2 of 2 EXHIBITt PAGE 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22118-2 ESMT. 565 SQ.FT. 102-061-011 ROUTE 91 RIVERSIDE FREEWAY DETAIL "A" 172 NOT TO SCALE _S80° 36'15"E 81.70' _S80° 32'54"E 81.21' 1 1 1 1 1 1 4111111111 1 — N80° 32'54"W 80.32' POB 3.95' TPOB 7.10' 1 LEGEND POB TPOB (R) C ) Indicates Point Of Beginning Indicates True Point Of Beginning Indicates Radial Bearing Title to State Access Prohibited 173 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING '4'N od a-� z TRACT 95 S80° 36'15"E / 81.70' S80° 32'54"E 81.21' N80° 32'54"W 80.32' DOC. NO. 2007- 0726498 O.R. /HE POB 174 E SEE D DETAIL "A" REON T TPOB EXISTING R/W / 10-14 LOT 97 A=7°11'35" R=532.99' L=66.91' NOR THM00R DRIVE 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. 22118-2 PERMANENT WALL FOOTING EASEMENT FEET 0 r 25 50 100 POSED R/W 150 PREPARED BY: PS O M A S DATE: 09-27-11 REV.: 03-22-13 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 1wrfun Centre Orivo ,1e. NO Uinta Ana, Cailforni° �J2707 17141481-8053/(714)545-8883 (rax) 8 EN-1,181T4e7PA9 8 3.3 1 1 48 PSOMAS 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 EXHIBIT 'Cr LEGAL DESCRIPTION Caltrans Parcel No. 22118-3 Permanent Utilities Easement APN 102-061-011 In the County of Riverside, State of California, being a portion of the land described in the Deed recorded December 4, 2007 as Document No. 2007-0726498 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said land; thence South 18°52'19" West 11.05 feet along a portion of the easterly line to a point thereon, said point being the True Point of Beginning; thence South 18°52'19" West 3.04 feet continuing along said easterly line to a point; thence North 80°32'54" West 79.94 feet to a point on the westerly line of said land; thence North 11°40'44" East 3.00 feet along said westerly line to a point, said point being South 11°40'44" West 10.83 feet from the northwesterly corner thereof; thence South 80°32'54" East 80.32 feet to the True Point of Beginning. Containing 240 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. P:\2PTG0105011SURVEY\LEGALS122118_ 102-061-011 \Legals1221 18-3_UPl .doc 3/22/2013 Page 1 of 2 EXHIBITLPAGE 9 PSOMAS 1 2 3 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 Prepared under the direction of fgae,z Brian E. Bullock, PIS 5260 3 22-/3 Date P:12PT001050I1SURVEY\LEGALS\22118_ 102-061-011 \Legals\22118-3_U PE.doc 3/22/2013 Pagc 2 of2 EXHIBIT5.OPAGE 10 EXHIBIT C2 PARCEL# TITLE AREA APN 22118-3 ESMT. 240 SOFT. 102-061-011 ROUTE 91 RIVERSIDE FREEWAY I DETAIL "A" 172 173 NOT TO SCALE 174 POB ROUTE 91 RIVERSIDE FREEWAY _ S80° 36'15"E 81.70' _ C/L STATIONING 11 05' 1 1 1 1 1 1 1 1 1 11 I SEE _ S80° 32'54"E TPOB DETAIL "A" 80.32' HEREON 3_04' S80° 36'15"E —N80° 32'54"W / 81.70' POB 79.94' 3 / S80° 32'54"E EXISTINr; a). 10.83' �- 80.32' TPOB R/IN a)'-- (./) 79.94' 3.00' 7 N80° 32'54"W 3.04' _� P'�POSED o. DOC. N0. �(1, R/W N t• co 2007- _ ti 00 0726498 mo o(0 o O.R. °' ti N. rR�� c r 2585 ,. n» " � LOT 7$ LOT �" 11 ' / 10' 1 �} 96 LOT 97 A=7°11 '35" LEGEND R=532.99' �` L=66.91' POB indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) indicates Rodial Bearing NOR T HMOOR DRIVE ( ) Title to State 1_L1J_ 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 22118-3 PERMANENT UTILITIES EASEMENT distonces. All distances are in feet unless otherwise noted. r , FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 f7t4)48t-8053/(7t4)S4S•8883 (Far) DATE: 09-27-11 REV.: 03-22-13 EA: 0F540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 EptIvITKPA( 11 3.3 1 1 52 PSOMAS 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 EXHIBIT `D1' LEGAL DESCRIPTION Callrans Parcel No. 22118-4 Temporary Construction Easement APN 102-061-011 In the County of Riverside, State of California, being a portion of the land described in the Deed recorded December 4, 2007 as Document No. 2007-0726498 of Official Records of said County, described as follows: Beginning at the northeasterly comer of said land; thence South 18°52'19" West 11.05 feet along a portion of the easterly line to a point thereon, said point being the True Point of Beginning; thence South 18°52'19" West 3.04 feet continuing along said easterly line to a point; thence North 80°32'54" West 79.94 feet to a point on the westerly line of said land; thence North 11°40'44" East 3.00 feet along said westerly line to a point, said point being South 11°40'44" West 10.83 feet from the northwesterly corner thereof; thence South 80°32'54" East 80.32 feet to the True Point of Beginning. Containing 240 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. P:\2 PTG010501 \SURVEY\LEGA LS\22118_ 102-061-011 \I.egals\22118-4_TCE.doc 3/22/2013 Page 1 of 2 EXHIBIT53PAGE 12 PSOMAS 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 Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:\2PTG010501 \SURVEVU,ECIALS\221 18_I 02-061-011 \Legals\221 18-4 TCE.doc 3/22/2013 Page 2 012 EXHIBIT WAGE 13 EXHIBIT D2 PARCEL# TITLE AREA APN 22118-4 TCE 240 SO.FT. 102-061-011 ROUTE 91 RIVERSIDE FREEWAY 1 f 1 DETAIL "A" 172 173 NOT TO SCALE 174 POB ROUTE 91 RIVERSIDE FREEWAY — S80° 36'15"E 81.70' C/L STATIONING 1 1 .05' I I I I I I I I I 1 1 1 SEE —S80° 32'54"E TPOB DETAIL "A" 80.32' �_ HEREON 3_04' S80° 36'15"E —N80° 32'54"W �' 81.70' POB 79.94' S80° 32'54"E O3_ 10.83' — 80.32' TPOB 7--EXIRS W NG ,� � 1 Li _L L I_I %ph. �•,; � _ / 3.00'- - N80° 32'54"W / 3.04' 79.94' P' •POSED O `` ``) DOC. NO. ti R/W N� �co 2007- 0 o0 0726498 0)o (0 o o- .R. °' ti TRA LOT '� z Oa O LoT 95 bJ r} � JO -j4 LOT 9-1 A=7°11 '35" LEGEND R=532.99' L=66.91' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning Indicates Radial Bearing ND RTHMOOR DRIVE ( ) Title to State 1_LLL 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 22118-4 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. r 1 r FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Ilutton Centre Drive Ste. 100 5onto Ana California X32707 (714)75I.7373/(714)545 -e883 Om) DATE: 06-25-12 REV.: 03-22-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 wivirr55PAgp 14 3.4 1 1 56 58 , ►2 o ANGELO J. PALMIERI (1926-1996) ROBERT F. WALDRON (1927-1998) ALAN H. WIENER• ROBERT C. IHRKE• MICHAEL J. GREENE• DENNIS W. GHAN• DAVID D. PARR - CHARLES H. KANTER• PATRICK A. HENNESSEY DON FISHER GREGORY N. WEILER WARREN A. 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 T W W W PALMIERI, TYLER, WIENER, WILHELM &WALDRON DONNA L. SNOW RYAN M. EASTER ELISE M. KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ANISH J. BANKER RYAN M. PRAGER ROBERT H. GARRETSON BLAINE M. SEARLE JERAD BELTZ ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS MICHAEL C. CHO, OF COUNSEL JAMES E. WILHELM, OF COUNSEL DENNIS G. TYLER*, RETIRED 'A PROFESSIONAL CORPORATION VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 851-9400 www. ptwww. com August 7, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 AUG 09 2Q,' RIVERSIDE COUNTY TRANSPORTATION OOMMISS!ON Re: Kanemoto - Parcel No. 22118-1; 22118-2; 22118-3; 22118-4 Dear Clerk: 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'S DIRECT FACSIMILE NUMBERS (949) 851-1554 (949) 757-1225 mleifer@plwww.com REFER TO FILE NO. 37195-000 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 59 ATTACHMENT 3 RESOLUTION NO. 13-044 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. 102-420-036, 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. 102-420-036 (Caltrans Parcel No. 22125), for the State Route 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, October 9, 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, 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. 60 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 61 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 9th day of October, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 62 63 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 portion of the property to be acquired. "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\8229854.1 EXHIBITOI. PAGE 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 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\8229854.1 EXHIBITS PAGE 2 PSOMAS EXHIBIT 'A1' 2 LEGAL DESCRIPTION 4 Caltrans Parcel No. 22125-1 5 Fee Acquisition 6 APN 102-420-036 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 4 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, 10 inclusive of Parcel Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of 13 said Parcel, the following two (2) courses: 14 1. North 14°23'41" East 34.68 feet to; thence is 2. North 07°07'23" East 6.51 feet; I() thence leaving said westerly line, South 81°02'48" East 421.91 feet to a point in the 17 easterly line of said Parcel, distant thereon North 07°06'02" East 80.84 feet from the 18 southeasterly corner of said Parcel; thence along said easterly line and southerly line of 19 said Parcel, the following three (3) courses: 20 1. South 07°06'02" West 80.84 feet to the beginning of a non -tangent curve, concave to 21 the north, having a radius of 3,000.00 feet and to which beginning a radial line bears 22 South 13°15'04" West; thence 23 2. Westerly 54.41 feet along said curve through a central angle of 01°02'21"; thence on 24 a non -tangent line, 25 3. North 75°39'39" West 375.04 feet to said southwesterly corner and the Point of 26 Beginning. 27 28 Contains 25,970 square feet 29 30 The distances described herein are grid distances and are based on California Coordinate 31 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing M:\2PTG010501\SURVEY\LEGALS\22125_APN_IO2-420-036\Legal\22125-1.docx Page 1 of 2 2/25/13 EXHIBIT PAGE 3 PSOMAS 1 3 4 5 e) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 Robert C. Olson, PLS 5490 Zs•zo.13 Date M:\2PTG010501\SURVEY\LEGALS\22125_APN_102-420-036\Lega1\22125-1.docx Page 2 of 2 2/25/13 EXHIBIT PAGE 4 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22125-1 FEE ANAHEIM INVESTORS LLC 25,970 SF 102-420-036 w N. x_15° 102-420-052 O LO 01 28 / PAL 5 0,1- 0 R=499.99' N82°53'35"W r- Ln ---__r____.5--131.11 L= 13`.11' 134.06' N82° 53'35"W 334.13' z 998.0', WARDLO CIRCLE 0=15° ' / L3 R=527 41928 L=1 38.32, C4 0=107°41'18" . co '1 R=49.50' o L=93.04' \ N65° 1 2'1 7"W 24.04' A=1 7°41 8" co R=94.50' cv 102-420-036 0 L=29.17' w iJCL N Doc, NO, 20O -O'}21702; D,R, F,M, 2L}ISO POL Z} P� JV1 „ 5. J SE3/>>- l 0 l w oN <0 o --- r- Iz 'r - 0 0 102-420-035 0 0 o z (22125-1 PROPOSED R/W o o — N- z i n 0 1-1-1 7 1-1-1 T f 34.68' N75°39,39„,,,� 254.58' EXISTING L2 S81°02'48"E 421.91' S14o 17 „ ° 5 W R P08 N75 39'39„w R/W 375.04' 0=01°02'21" oN R=3000 0p, ,, ROUTE 91 RIVERSIDE FREEWAY L=54.4 j o ROUT 91 RIVERSIDE FREEWAY C/L STATIONING 9» n 1 2 3 205 6 297 1 INF TART F L1 - S07°06'02"W 80.84' LEGEND L2 - N07°07'23"E 6.51' - N82°53'35"W 42.67' (R) Indicates Radial Bearing POB Point of Beginning L3 L4 - N65° 1 2'1 7"W 25.96' ( ) Title to State 1 1 1 Access Prohibited NOTES 22125-1 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. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, 200 Ano, Cotifornio 92707 (714)751-7373/(714)545-8863 (Fax) DATE: 9-20-2011 REV. 4: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 I Ff PA 5 J I 3.9 1 69 PSOMAS EXHIBIT `B1' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22125-2 5 Permanent Wall Footing Easement 6 APN 102-420-036 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 4 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, 10 inclusive of Parcel Maps, Records of Riverside County, California, described as follows: II 12 Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of 13 said Parcel, the following three (3) courses: 14 1. North 14'23'41" East 34.68 feet to an angle point therein; thence 15 2. North 07°07'23" East 6.51 feet to the True Point of Beginning; thence 16 3. North 07°07'23" East 7.00 feet; 17 thence leaving said westerly line, South 81°02'48" East 421.90 feet to a point in the 18 easterly line of said Parcel, distant thereon North 07°06'02" East 87.84 feet from the 19 southeasterly corner of said Parcel; thence along said easterly line, South 07°06'02" West 20 7.00 feet; thence leaving said easterly line, North 81°02'48" West 421.91 feet to the 21 True Point of Beginning. 22 23 Contains 2,953 square feet 24 25 The distances described herein are grid distances and are based on California Coordinate 26 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 27 grid distances by the mean combination factor of the courses being described. The mean 28 combination factor for this conversion is 0.99997476. 29 30 See Exhibit `132' attached hereto and made apart hereof. 31 M:12PTG010501\SURVEY\LEGALS\2 2125 APN_ 102-420-0361Legal\22125-2.docx 2/25/ 13 EXHIBI I AJPAGE 6 Page 1 of PSOMAS I Prepared under the direction of 2 4 5 6 7 8 9 IU 11 12 13 14 15 17 18 19 20 21 79 23 24 25 2G 27 28 29 30 31. 2.Z.S•2d13 Robe' C. Olson, PLS 5490 Date M:12PTG010501\SURVEY\LF.GALS\22125_APN_102-420-036\Lega1122125-2.docx Page 2 of 2 2/25/13 EXHIBI17 PAGE 7 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22125-2 ESMT ANAHEIM INVESTORS LLC 2,953 SF 102-420-036 w N. O<o a-15 01 ° 702_-420-052 Zo00 '28", -�R=499.99' N82°53'35"W ---1,5131.11, 1 34.06' —� O0,r. - F'0 `� r-- co co - _ N82° 53'35"W 334.13' 01 N o WARDLOW 0-15°01'28" L3 R=527.49' L=138.32, CIRCLE_ C4. A=107°41'18" ,\ R=49.50' o o 1 o °o cv N o L=93.04' �. N65°12'17"W �- N o 24.04' =17°41'18" R=94.50' N '9 102-420-036 0 L=29.17' DOD, NO, 2006-0421102; D J w w P,P/J, '}J50 iv N P D L 4 PDL 3 P,I�/J.�, I58/9 9 -101 0 .- Lr 0 N o 102-420-035 o 22125-2 N, r-- Z Z L6 PROPOSED R/W O t o _— 581°02'481/ 421.90' __ L' --� -r (n o " 34.68 TPOB N81 421 .91 ' L2 N75°39'39"W S1q°1 7'25"w 254.58 POB N75o39,39"W R 375.04'~ _ _ EXISTING R/W A=01°02121" L50 o R=3000 %00, -4 T ROUTE- 97 RIVERSIDE FREEWAY L=54.41 0 R 1 R V R FREEWAY C/L STATIONING m n 1 2 3 4 205 6 297 I INF TART F L1 - N07° 06'02"E 80.84' LEGEND L2 - N07°07'23"E 6.51' (R) Indicotes Radial Bearing POB Point of Beginning TPOB True Point of Beginning L3 - N82°53'35"W 42.67' L4 - N65° 1 2'1 7"W 25.96' L5 - 507°06'02"W 7.00' ( ) Title to State r 1 1 1 1 Access Prohibited L6 - N07°07'23"E 7.00' NOTES 22125-2 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: PSOMAS 3 Button Contra Drixo, Stu. 200 (114)751-7373/(714)545-9883' (Foxf DATE: 9-20-2011 REV. 4: 02-25-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 FFXy R Ef 9I BI 1 h PA E 8 3.9 1 1 73 PSOMAS EXHIBIT 'CI' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22125-3 5 Permanent Utility Easement 6 APN 102-420-036 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 4 of Parcel Map No. 24150, as shown by map filed in Book 158, Pages 99 to 101, 10 inclusive of Parcel Maps, Records of Riverside County, California, described as follows: 11 12 13 14 15 16 17 1H 19 20 21 23 24 25 26 27 28 29 30 31 Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of said Parcel, the following two (2) courses: I . North 14°23'41" East 34.68 feet to an angle point therein; thence 2. North 07°07'23" East 13.51 feet to the True Point of Beginning; thence leaving said westerly line, South 81°02'48" East 219.89 feet; thence North 51°02'51" East 32.90 feet; thence North 39°44'03" West 20.00 feet; thence South 51°02'_51" West 31.83 feet; thence North 81°02'48" West 206.03 feet to the westerly line of said Parcel, distant thereon North 07°07'23" East 14.24 feet from the True Point of Beginning; thence along said westerly line, South 07°07'23" West 14.01 feet to the True Point of Beginning. Contains 3,629 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;12PTC;0105011SURVEYILEGA1.S', ) 1 '; APN_l02-420-0361LegaI122I25-3.docx 2/25/13 EXHIBITN PAGE 9 Page 1 of 2 PSOMAS 1 Prepared under the direction of 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ;I Robert C. Olson, PLS 5490 2•Za•Zvi3 Date M:12PTG01050IISURVEY\LEGALS122125_AI'N_ IO2-420-0361Lega1122125-3.docx Page 2 of 2 2125/13 EXHIBIT75PAGE 10 EXHIBIT C2 PARCEL* TITLE GRANTOR AREA APN 22125-3 ESMT ANAHEIM INVESTORS LLC 3,629 SF 102-420-036 N. 102-420-052 o -o 0 ' `0=15°01' 28 �R=499.99' —N82° 5 35"W �L•-1`1 . 17 ' \l 134 .06' v °o PCL 5 0 in N82° 53'35"W 334.13' —z 998.Ot / 102-040-024 WARDLOW CIRCLE 6=15°01'28- R=527 49 L=138.32, A=107°41'18" r` co R=49.50 o L=93.04 c" N65°12'17"W 102-420-036 A=17°41'18" R=94.50' cv L=29.17' w cv cv 24.04' DOD, NO, 200 -0421-102; 0 , F , P,J\/J, 24150 PC! 4 1.1 P,P11,8, J5E3/99- 10I N S51 °02'51 "W --� o of PCL 3 22'1 25- 31 ,83' o cc a 102-420-035 o N39°44'03" N39°44'03111N n' z r 1.. ` L1 N81°02'48" _ _206.03' _ _ Z 20.00' N51 °02'51 "E 32.90' o o 0 0 i' � o _IxO 1 E 34.68' �' T S8 02 48 'E PROPOSED R/W — - -rh -1-r 0 ri--i T 219.88 N�5°39'39"W 254.58' L2 S1q°1 7' POB N75°39"39"W 375.04' EXISTING R/W a=01°02'21" o R=3000.00' -4 ROUTE 91 RIVERSIDE FREE WA Y -54.41 ROUT 91 RIVERSIDE FREEWAY w C/L STATIONING co r1 1 3 4 205 6 ?QI 1 INF TARI F L1 - S07°07'23"W 14.01' LEGEND L2 - N07°07'23"E 13.51' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning L3 - N82°53'35"W 42.67' L4 - N65°12'17"W 25.96' ( ) Title to State II 1 1 I Access Prohibited NOTES 22125-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT UTILITY EASEMENT ground distances. All distances ore in feet unless otherwise noted. FELE 0 50 )00 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive "le. 200 onto Ana, California x92707 {71')751-7373/(71')5.5-aae3 (rapt) DATE: 9-20-2011 REV. 4: 02-25-2013 EA: OF540 FAf: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 iiv3H3k6PAq� 11 3.9 1 1 77 PSOMAS EXHIBIT `D1' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22125-4 s Temporary Construction Easement c, APN 102-420-036 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 4 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: II 12 Beginning at the southwesterly corner of said Parcel 4; thence along the westerly line of 13 said Parcel, the following three (3) courses: 14 1. North 14°23'41" East 34.68 feet to an angle point therein; thence 15 2. North 07°07'23" East 13.51 feet to the True Point of Beginning; thence 16 3. North 07°07'23" East 3.00 feet; 17 thence leavings said westerly line, South 81°02'48" East421.90 feet to a point in the 18 easterly line of said Parcel, distant thereon North 07°06'02" East 90.85 feet from the 19 southeasterly corner of said Parcel; thence along said easterly line, South 07°06'02" West 20 3.00 feet; thence leaving said easterly line, North 81°02'48" West 421.90 feet to the 21 westerly line of said Parcel and the True Point of Beginning. 22 23 Contains 1,266 square feet 24 25 The distances described herein are grid distances and are based on California Coordinate 26 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 27 grid distances by the mean combination factor of the courses being described. The mean 28 combination factor for this conversion is 0.99997476. 29 30 See Exhibit 'D2' attached hereto and made apart hereof. 31 M:12P'1'G01050t1SURVEY\LEGALS122125_APN_ 102-420-0361Lega1122125-4.clocx Page l of 2 2/25/13 EXHIBIT7J,3PAGE 12 PSOMAS I Prepared under the direction of 2 3 4 5 6 7 obe C. Olson, PLS 5490 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Z S - to0/3 Date M:12PTG01050I\SUURVEY\LEGALS122125_APN_102-420-0361Lega1122125-4.docx Page 2 or 2 2/25/13 EXHIBIT MPAGE 13 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22_125-4 TCE ANAHEIM INVESTORS LLC 1,2.66 SF 102-420-036 w 0(.0 102-420-052 o °O �6=75°01'28" / \ �RL_439.99, N82_°53'35"W \ 1. 1 1 �- 134.06'-‘,„ 1 r� 0v ° �,CS„WJ r -in N82 53 3 334.13' —7----,, 998.0 102-040-024 WARDLOW CIRCLE 6-75°01'2� I-3 /3=527.49'8 L'738.32' (.1/ A=107°41'18" R=49.50' }r I o OD ' L=93.04' ,- �_ N65°1 2'1 7"W ro 24.04 ° =17 41 18' co R=94.50' R 102-420-036 0 L=29.17' Lt.1 -, DOD, ND 200.6-042r102 , D , R, w i' 1V1. 24150 c) PDL 4 0 0 0 PDL 3 P,JVL EL J EE3/99- 1 0 1 0 cc 102 420-035 0 22125-4 0 -NI r- L z PROPOSED R/W 0: o _ _ A-T/ �/J S81 02 ° '48"E / J / 4 21 .90' o �' °r` - r-fTl-r 11 C 5 �~�-r T -r 7'i-7 T -7'-t T I-1 rn j E 7 I-1 7 r 17 T r 1 `T T IJ81 °02'48"W r 7 T Ft T T I l T 34.68' �P� 421.90' V1 N�5°39"39,u L2 S14°17,,„ R 254.58' POB N75°39,394 375.0q' EXISTING R/W R=30000.2000' L5 o ROUTE 91 RIVERSIDE FREEWAY. RL.54.41' FREEWAY C/L STATIONING JC) 1 2 3 205 6 297 LINETART F L1 - N07°06'02"E 87.85' LEGEND L2 - N07°07'23"E 1 3.51 ' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning L3 - N82°53'35"W 42.67' ° „ L4 N65 12 17 W 25.96' ( ) Title to State L5 - 507°06'02"W 3.00' 1 1 I I I Access Prohibited L6 - N07°07'23"E 3.00' NOTES 22125-4 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. ) 1 1 FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Contra Driv' Ste. 200 Santo Ann, Colifornla 92707 (714)751-7373/(714)515-13983 (Pox) DATE: 9-20-2011 REV. 4: 02-25-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 E ��3IT A ��7 14 3.9 1 1 81 83 SEP 06 2013 TRANSPORTATIONCCOMMISSION Allen Matkins VIA FACSIMILE AND FIRST CLASS MAIL September 3, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Allen Matkins Leck Gamble Mallory & Natsis LLP Attomeys at Law 1900 Main Street, 5'" Floor 1 Irvine, CA 92614-7321 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www. al l en matkin s. com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial: 949.851.5478 File Number: 372094-00003/0C995962.01 Re: October 9, 2013, Hearing of the Riverside County Transportation Commission to Consider Adoption of a Resolution of Necessity Regarding the SR -91 Corridor Improvement Project Dear Ms. Harmon: This firm represents Anaheim Investors, LLC, the owner of the property designated as Assessor Parcel No. 102-420-036. That property is the subject of the Riverside County Transportation Commission's Notice of Hearing regarding its intent to adopt a Resolution of Necessity authorizing condemnation in connection with its SR -91 Corridor Improvement Project. The Commission proposes to hold that hearing on Wednesday, October 9, 2013, at 9:30 a.m. This letter shall constitute Anaheim Investors' request to appear and be heard on the matters referred to in the Notice of Hearing. Please also accept this letter as notice that Anaheim Investors intends to, and does hereby, object to the Commission's adoption of the proposed Resolution of Necessity. Very truly yours KEF:nv cc: Mona M. Nemat (via e-mail) K. Erik Friess Los Angeles 1 Orange County 1 San Diego !Century City 1 San Francisco 84 ATTACHMENT 4 RESOLUTION NO. 13-045 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. 102-050-006, 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 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. 102-050-006 (Caltrans Parcel No. 22122), for the State Route 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, October 9, 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. 85 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 86 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 9th day of October, 2013. Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 87 88 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 portion of the property to be acquired. "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 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\8258262.1 EXHIBITg9PAGE 1 90 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 EXHIBIT `.Al' LEGAL DESCRIPTION Caltrans Parcel No. 22122-1 Fee Acquisition APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370, January 11, 1989 as Docume.nt No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on fllat map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at the most westerly corner of said land; thence South 80°31'28" East 539.45 feet along a portion of the general northerly line of said land to an angle point thereof; thence South 48°22'00" East 25.78 feet continuing along last said line to a point thereon; thence North 75°40'46" West 118.38 feet; thence North 80°32'54" West 437.49 feet to a point on the southwesterly line of said land, said point being South 46°41'38" East 7.02 feet from said most westerly corner; thence North 46°41'38" West 7.02 feet along last said line to the Point of Beginning. Containing 2,560 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 P:\2PTGO 10501 \SLUR VEY\LEGALS122122_APN_ 102-050-006\Legals\22122-1 _Fee. doc 10/11/2012 Page 1 of 2 EXHIBIT) PAGE 2 PS SMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 [8 19 20 21 22 23 24 25 26 77 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. Prepared under the direction of Brian E. Bullock, PLS 5260 ,/e-//-/2 Date P:12PTG0105011SURVBY\LEGALS122122_IAPN_ L02-050-0061Legals122122- l _Pee,doc 10/11/2012 Page 2 of 2 EXHIBIT PAGE 3 EX IT A2 PARCEL# TITLE GRANTOR AREA APN 22122-1 FEE SHIN, LEE, KING, CHUANG, WANG 2560 SQ.FT. 102-050-006 S80 ` 91 ' 2a' 8 'y` 3 7 0 6 ` - 9, 4S \ 80 j RC S 9� RJ IDE F �� ' = ,, S`�8 ° c lq TfONI4-Rs,pE . EF �' ,\ FpR�ErT2 �~ 3�7.3QE L. VsM 3S ` 6-8, 70?39 \0` 102-050-005 NO9° �. `rzsr 3 �'' 7 69a � 2p 4, tiG 7"RAc r 2 s9°RQPOSE-0 - _ RAW r /121.,P 96,, J DOCo „A ,� '7 / 'r` � /0 °s --3‘ %s NO ,s 9? J �` g o �,0 a` (:o 0 o_ 7703'7 0 859 �' ooso , 0QQ s 15 •o ' , o 2- J LINE TABLE 00806Q2_ ??6S , 1696 000/ ' ,. 1 L1 N55 51 '29"W 40.02 6607 q3 0? L2 - N39°51 '01 "W 153.97' s 0 ' 3 L3 - S83°28'31,"W 65.16' o °R° ,' L4 - S1 7°1 4'21' W 98.64' , L5 - S63°26'34"W 66.89' a o9 L3 L4- %' RADIAL TABLE 7 R1 - S80 33 26 E � R2 - S43°41 '37"E `� CURVE TABLE , LP Li' _ o '�` ,� C1 - A=36°51'49" R=455.99' L=293.38' acs. `o ...›°..-Aa N36°29'01 "W v _ 15LEGEND 124.38' -•--. -'USE POB Indicates Point Of Beginning TPOB Indicates True Point 0'f Beginning (R) Indicates Radial Bearing L5 A=09°51'00" ( ) Title to State N36° 24'26"W(R) R=543.99' 1 1 1 1 Access Prohibited L=93.52' 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 22122-1 FEE ACQUISITION I- T r distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 GOO PREPARED BY: PSOMAS 3 Hutton 200 Santa Ana, California, Californi 92707 ("!14)481-8053/(7141545-8883 (Fax) DATE: 10-25-11 REV.:1; 10-11-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 3.4 1 2 EXHIBITS PAGE 4 EXIIIT A2 PARCEL# TITLE GRANTOR AREA APN 22122-1 FEE SHIH, LEE, KING, CHLIANG, WANG 2560 SO.FT. 102-050-006 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY / C/L STATIONING Li 175 6 7 8 9 180 102-050-005 POB 25.78' 7.02' S80°31 28'E 539.45' 1 L . EXISTING R/W 1 1 N 1 o` .: `— N80°32`54"W 437.49' PROP —� --_—� OSED R/W `', h / t_ N75° 40'46"W 118.38' J.--1. . '-_Pb, o N v0 J 4/96, o QO g, c 4? r� S �s cP �03�09�'S �0� �J °(`0 2°0 �� `%r /S 6 606 O, )� Jcs) 0 93 /6`,6 DETAIL °,5).". 0? � 9 Scale: 1 "=1 00' 570,0 ifr LEGEND �0 . POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 99 •- N ( ) Title to State I 1 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 ground 22122-1 FEE ACQUISITION �� distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: P SOMAS 3 Hutton Centre Drive-, Ste. 200 (714)481-8053/(714)5 5 92707 (Fox) DATE: 10-25-11 REV.: 1; 10-11-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.4 2 2 EXHIBIT PAGE 5 PSOMA 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 EXHIBIT `131' LEGAL .DESCRIPTION Caltrans Parcel No. 22122-2 Fee Acquisition APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2.008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at an angle point of the general northerly line of said Lot "A", said angle point being the northerly teirnlinus of that course of said general northerly line shown as "North 09°44'20" East 169.42 feet" on said map; thence South 76°13'42" East 107.70 feet along a portion of said general northerly line to the northeasterly corner thereof; thence South 49°32'46" East 76.35 feet along the.no.rtheasterly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2034.00 feet, to which point a radial. line bears South 10°10'55" West; thence westerly along said curve 146:91 feet through a central angle of 04'08'18"; thence North 75°40'46" West 26.31 feet to a point on said general northerly line, said point being South 09°34'20" West 38.03 feet from aforesaid northerly terminus; thence North 09°34'20" East 38.03 feet along said general northerly line to the Point of Beginning. Containing 5,335 square feet. P:\2PTG010501\SURVEY\LEGAI. 51221.22_APN_102-050-006it.,egais\22122-2 Jee.cloc 10/11/2012 Page 1 of 2 EXHIBITS PAGE 6 S 1AS 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 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 `B2' attached hereto and made a part hereof. The distances described herei.n.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. Btllioclti, PL.S 5260 Date P:12PT G010501`SURVEYILEGALS122122_APN_102-050-0061Legals122122-2_Fee. doc 10/11/2012 Page 2 of 2 EXHIBIT%PAGE 7 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22122-2 FEE SHIH, LEE, KING, CHUANG, WANG 5335 SQ.FT. 102-050-006 6 .; S80 ° pj ..-,' LINE TABLE ? .539.45 80 �..� 54� °22 - r,3p E�q lit, ? �� y -4 (��?0 ` �CJs9 "W 9 RO�'r, `RS 3 rj°Nf GRSI 7 ° 8s ID 4' A--,?,-- i 9�.J� 7 0 N SC:'R� r .,o 0v3, 0 LSO �0 SOQ�o�j7 ���- S000 69c ,, c3 ' ' '. PS \ \ 2 E 10,14 002, SO 389 6066010543 ' 0.R.9 L3 L4 �x v,, p°s; r`9 A=09°51'00" R=543.99' 1 6960 L5 102-050-005 50 ° S�� 140.02' 1 53.97' 65.16' 98.64' 66.89' R=455.99' L=293.38' , C 7 70 2008`0 0 'a N36°29'01 124.38' N36° 24'26"W(R) L1 - N55° 51 '29".W. L2 - N39°51 '01"W L3 - S83°28'31 "W L4 - S1 7° 1 4'21 "W L5 - S63°26'34"W RADIAL TABLE R1 - S80°33'26"E R2 - S43°41'37"E CURVE TABLE C1 - A=36°51'49" LEGEND Indicates POB inning TPOB Indicates (R) Indicates Point Of Be g True Point Of Beginning Radial Bearing State Prohibited ( ) Title to I i ( 1 Access L=93.52' NOTES FEET 2 2 1 2 2 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. 600 0 100 200 400 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 2707 (7141481n-80534714)545-98883 Ac, California (Fax) DATE: 10-25-11 REV.: 1; 10-11-12 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 91 V 91 3.4 1 2 EXHIBIT9VPAGE 8 EXHIBIT 32 PARCEL# TITLE GRANTOR AREA APN 22122-2 FEE SHIN, LEE, KING, CHUANG, WANG 5335 SQ.FT. 102-050-006 38.03' ROUTE POB 3 ROUTE 97 C/L TION 91STARIVERSIDE RIINGSIEREE-�Y 4 1 85 FREEWAY EXISTING R/W `f -1 i �s 490 s 32 95,, F —=2034.01 W (R)�\ M E, ,r7 j 1D- Lo r A 156�158g 97 2002-776 39 O.R, DETAIL 102-050-013 1 'f 1 69607 PROPOSED R/W .,. 9 —1 10 ' ��o d 102 Fri Lo Sq8 ° +U oo,F _ . lT ' 73 N75°40'46"W 26.31 — -- Q6.904 08 S10°10_`55 rr�r�� r ���r DOC. NO`s o 1 1 0370, 2008-0606601, LEGEND P0B Indicates TPOB Indicates (R) 'Indicates Paint Of Beginning True Point Of Beginning Radial Bearing State Prohibited Scale: 1"=-50' ( ) Title 1-o 1 1 1 Access NOTES FEET 22122-2 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 2.5 50 100 150 PREPARED BY: P S 0 A S 3 Hutton Centre Orive Ste, 200 Santo Ana, California 92707 (714)481-8053/(714)545-8983 (Fax) DATE: 10-25-11 REV.: 1; 10-11-12 EA: 0F540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.4 2 2 EXHIBITS PAGE 9 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 EXHIBIT 'CI' LEGAL, DESCRIPTION Caltrans Parcel No. 22122-3 Fee Acquisition APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at the most southerly corner of said land; said corner being the beginning of a non -tangent curve concave southeasterly having a radius of 543.99 feet, to which point a radial line bears North 36°24'26" West; thence northeasterly along the general southeasterly line of said land and along said curve 49.03 .feet through a central angle of 05°09'51" to a point thereon, said point being the True Point of Beginning; thence northeasterly, continuing along said general southeasterly line of said land and along said curve 44.49 feet through a central angle of 04°41'09" to a point on said general southeasterly line of said land; thence North 63°26'34" East 66.89 feet continuing along said general southeasterly line to the most southerly corner of the land described in the Grant Deed recorded June 1.8, 1.965 as Document No. 70781 of Official Records of said County; thence North 34°41'25" West 11.89 feet along the general southwesterly line of said lands in Document No. 70781 to a point thereon; thence South 56°22'45" West 110.49 feet to the True Point of Beginning. Containing 582 square feet. P:\2PTG0105011SURVEY\LEGALS\22122_APN_ 102-050-006\Legals122122-3_Fee, doc 10/11/2012 Page 1 oft EXHIBIT9.9PAGE 10 PS OM See Exhibit `C2' attached hereto and made a part hereof. 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 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 /o -//-/z. Date P:\2PTG010501\S URVEY\LEGALS\22122_APN_102-050-006\Legals122I22-3_Fee.doc 10/11/2012 Page 2of2 EXHIBIT1I @'AGE 11 T C2 PARCEL# TITLE GRANTOR AREA APN 22122-3 FEE SHIH, LEE, KING, CHUANG, WANG 582 SO.FT. 102-050-006 6 . S80 ° / ' �8''E -- , - �� s `ms • s LINE TABLE 7 8 x 539.4 ` `�`° 9 8 5 7 '� S4& °22 /� 0(1T� 2 • E 1, y IW Y_ it .e ] S . 9?8S 2Q08, o9 T Rj1, '900 4-6'S 14- .-C c S 97 RI Tq TIpM 3 4 �:70/3-,/ . 7?'E �� °p O, F` r, .. 4 /0 2�0 76438 o� 06Q60i?�Sg376960? A Q .Ra9 GRS�DE \�jSt, 9O .. /.1 ?,,) o � j�E REFwgr 6 7 s.-#-• j- Sc co 9 6`(, _ 9 p,,' 9 ,' < o ,,-' �FtF SEE F R�4-8/4 i' 8 9 W J % , o��. o 0 �0OS`�O �o '5'0 °\ 0000���"� ' ohs <-/- / J.. ' •'. J / P5 SHEET 2 -----q.17 7,3o 102-050-005 ----/ 7'117lc 7 \u -c' o_ 151403.97' 65.16' 98.64' 66.89' R=455.99' L=293.38' Dace /VQ 7703 s A. "o A. v N36°29'01 124.38' N36° 24'26"W(R) L2 - N39°51'29„W L3 - 583°28'31"W L4 - 517°14'21"W L5 - 563°26'34"W RADIAL TABLE L3 L4 R1 - 580° 33'26"E R2 - 543°41'37"E CURVE TABLE A - 1 �'� ° s: "W sa`q s-_,' /- - A=09°51'00" R=543.99' C1 - =36° 51 '49" LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing State Prohibited FOR DETAIL 1 C ) Title to 1 1 1 1 Access L=93.52' NOTES FEET 22 22-3 FEE ACOUIS!TION 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. "'-1 0 100 200 400 000 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sato A, Califrnia 2707 . (714 491'- 8053/(714154593893 (Fax) DATE: 10-11-12 REV.: EA: 0F540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.4 1 2 EXHIBIT1/OfAGE 12 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22122-3 FEE SHIH, LEE, KING, CHUANG, WANG 582 SQ.FT. 102-050-006 • RADIAL TABLE BLS 37 py R=543.99` R=543.99' S 41 / 98.64' _ DOE,. /v 0' 7703 859 <008 9 208156438 ` b 0606601 �' �A 9 _ 'c-)-' `- -\?0� 6° L=49.03' P0°� L=44.49' \ N36°24'26"W(R) "W r X6543916960 9 0°R° GZ 051 0 —5 9 52 �c."2:2- S g' ' Q O O ".7-- O - O �a' '--P o.1 7 s L9_ g 0 q, q5 �6� ��� G N63 Z QR° 8 R3 - N31 ° 1 4'35"W CURVE TABLE C2 - A=05°09'51" C3 - A=04°41'09" 5 �R� A' LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing State Prohibited ( ) Title to I 1 Access NOTES FEET 22122-3 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 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton centre Drive, Ste. 200 (714)48n8°53%(714)545nia -5883 (F.) DATE: 10-11-12 REV.: EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.4 2 2 EXHIBITAZAGE 13 PSOMAS 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 EXHIBIT 'Di' LEGAL :DESCRIPTION Caltrans Parcel No. 22122-4 Permanent Wall Footing Easement APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at the most westerly corner of said land; thence South 46°41'38" East 7.02 feet along the southwesterly line of said land to a point thereon, said point being the True Point of Beginning; thence South 80°32'54" East 437.49 feet; thence South 75°40'46" East 118.38 feet to a point on the general northerly line of said land, said point being South 48°22'00" East 25.78 feet from an angle point of last said line, said angle point being the northwesterly terminus of that course of said general northerly line shown as "South 49°07'30" East 311.14 feet" on said m.ap; thence South 48°22'00" East 13.08 feet along a portion of said general northerly line to a point thereon; thence North. 75°40'46" West 117.96 feet; thence North 80°32'54" West 438.54 feet to a point on said southwesterly line; thence North 46°41'38" West 12.57 feet along last said line to the True Point of Beginning. Containing 3,775 square feet. See Exhibit `D2' attached hereto and made a part hereof. P:\2PTG010501\SIJRVEY\LEGA1 S'22122_APN 1.02-050-006\Legals172122-4_PE.doc 10/11/2012 Page 1 oft EXHIBITI/O3'AGE 14 PSOMAS 1 2 4 5 6 7 8 9 10 The distances described herein are gr-icl distances and are based on California Coordinate System of 1983, Zon.e 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M //-I2 Date P:\ZPTGO I0501 \SURV EY\LEGALS\22122_APN_ 102.050-006\Lega I s\22122-4_11 a do e 10/11/2012 Page2of2 EXHIBIT1/04'AGE 15 EX. IT D2 PARCEL# TITLE GRANTOR AREA APN 22122-4 ESMT SHIH, LEE, KING, CHUANG, WANG 3775 SOFT. 102-050-006 7.----� 6 , RpUT aO 3 28 \ \ 8 9, „ 53s, 45 -- 8 /900).., s 0° �``� -t S4 T 2 C Sri rfo f ERs FREE 9> 8 Nbve /OE ��Q _ SEE , ,.. 2. , ��ti FOR E e T 2 ` ^a .�'`� 31 7 3 is � t F Y E S 4 REE�q Y ° ?O? E 102-050-005 NO9°3 `STI , 1 6g 42 O ,� pRO,, NC R/ fe'rI p p0S `� !y R X11 ° DOC'° JO -I- 10�. 0 v' f O �� p oiS�s0 o �s° 978 9 `�2ssoOoo� � < 2 ?0s 2�� 7 5683 °o� `so `,0 .-- 3 x r 8_06062 ??65 , 769 o o LINE TABLE 6 '29"W L1 - N55 51 29 W 140.02 607y q,3, 0�,, L2 - N39° 5.1 '01"W 153.97' o O'RQ L3 - S83°28'31"W 65.16' , z, 1 L4 - S1 7° 1 4'21 "W 98.64' °o L3 L5 - S63°26`34"W 66.89' `9- cLN RADIAL TABLE .<� ,,Cr) , ,, R1 - S8O° 33'26"E �. R2 - S43°41 '37"E d, o ,, CURVE TABLE Ao o\ 7 C1 - A=36°51'49" R=455.99' L=293.38' \ ,'-' - N36°29'01 "W ms's. N 1\5 LEGEND 124.38 T POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C---) Title to State L5 A=09°51'00" N36° 24'26"W(R) R=543.99' L=93.52' I l l ! Access Prohibited NOTES Coordinates and bearings are on CCS 1983(200.7.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22122-4 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200 Santa tins California 92707 (714)751-7373:(714)545-8083 (Fax) DATE: 10-25-11 REV.: 3;10-11-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.5 1 2 EXHIBITMAGE 16 EXIII IT D2 PARCEL# TITLE GRANTOR AREA APN 22122-4 1 ESMT SHIN, LEE, KING, CHUANG, WANG 1 175 TPOB POB 7.02' 12.57' H102-061-012 6 ) 3775 SQ.FT. 102-050-006 ROUTE 91 RIVERSIDE FREEWAY 7 ROUTE 91 RIVERSIDE FREEWAY / C/L STATIONING ) 8 9 S75°40'46"E 118.38' S80031/28E 539.45' S80°32'54"E 437.49' N80°32'54"W 438.54' 6o 9/ DETAIL Scale: 1 11=1 00' LEGEND POB TPOB (R) ) 1 1 1 1 Indicates Point Of Beginning Indicates True Point Of Beginning Indicates Radial Bearing Title to State Access Prohibited 180 102-050-005 25.78' N75°40'46"W 1 1 7.96' 3'° S0 , 13.08' 7 ) 1 R/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. 22122-4 PERMANENT WALL FOOTING EASEMENT FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste, 200 Santa Ana California 92707 (714)751••7373/(714)545-8683 (Fcx) DATE: 10-25-11 REV.: 3;10-11-12 EA: 0F540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 3.5 2 2 EXHIBIT1, 6'AGE 17 r\ 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 EXHIBIT 'El' LEGAL DESCRIPTION Caltrans Parcel No. 22122-5 Permanent Wall Footing Easement APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, Apri126, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Doculnent No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at an angle point of the general northerly line of said Lot "A", said angle point being the northerly terminus of that course of said general northerly line shown as "North 09°44'20" East 169.42 feet" on said map; thence South 09°34'20" West 38.03 feet along said general northerly line to a point thereon, said point being the True Point of Beginning; thence South 75°40'46" East 26.31 feet to the beginning of a curve concave northerly having a radius of 2034.00 feet; thence easterly along said curve 146.91 feet through a central angle of 04°08'18" to a point on the northeasterly line of said land, said point being South 49°32'46" East 76,35 feet from the northeasterly corner of said land; thence South 49°32'46" East 11.85 feet along a portion of said northeasterly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2040.00 feet, to which point a radial line bears South 09°53'41" West; thence westerly along said curve 157.58 feet through a central angle of 04°25'33"; thence North 75°40'46" West 25.81 feet to a point on said general northerly line; thence North 09°34'20" East 6.02 feet along last said line to the True Point of Beginning. Containing 1,070 square feet. P:12PTG0105011SURVEY\LEGALS122122_APN_102-050-0061Legals122122-5 PE.doc• 10/11/2012 Page 1 oft EXHIBIT1/9'AGE 18 PS OMAS 1 2 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 See Exhibit 'E2' attached hereto and made a part hereof The distances described herein are grid distances an.d are based on California Coordinate System of 1983, Zone .6, 2007.00 epoch. Ground distan.ces 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, PIS 5260 /17-//-/2 Date P:\2PTG010501\S URVEY\LE-GALS\22122_A.PN_102-050-006\Legais122122-5_PE.doc 10/11/2012 Page 2 of 2 EXHIBITIA9 AGE 19 1i. E T PARCEL# TITLE GRANTOR AREA APN .2.212_2-5 ESMT SHIN, LEE, KING, CHUANG, WANG 1070 SQ.FT. 102-050-006 6 ROU 8o °3, � 8 E 4S 9 8O /Ur�sj °'o ' •_- :," S48° I7 oo" , '73' s, '� SJ ., T 9 7 RI Ro SRS jD� - sr Rfi FR 4r ER ro GL J RFF E 4 �'qY S?6. 7 8S �70'3q , 6 ,� \ 1. ?0 - 2 E s, 902-050-005 `. . IS21- 06, /3 pR `�_ � R � FT rr�r Nog 0° oPoseO , 4/4 'r 3 RAW ..-)4.- 769420"6- '''''' `\ - 1! ' . A4 ,-, . 42 G' �'o � or „ J " r7 F �0_,r', „ j \ 0 SL 0 ) / Jr ,, 0�. O s `�s OCo NO ' �,1 t P 0c3\ o s oo 0 0 .0,!5,6 0,°,,.‹,-, 103 3'709 ?8 °o o LINE TABLE s= 70 S5 1 f- �_o o� pcc 20 ' 20 `�64 00 L1 - N55°51'29"W 140.02' 08-06062'7�a�85 1696 ,� L2 - N39 51101"W 153.97' \. 60 43j 0�� L3 - S83°28'31"W 65.16' �'0 19 O.dr:?a' .' L4 - S17314'21 "W 98.64' p t L5 - S63°26'34"W 66.89` �o L3 RADIAL TABLE L4 .' t` ,� R1 - S80° 33'26"E o � s, ��� R2 - S43°41'37"E v '` CURVE TABLE d,v� ": 0 � 53, . C1 - d=36°51 '49" R=455.99' L=293.38' oq,0` ` o S (� P N36°29'01 "W vss u". LEGEND 124.38 (, c�� P08 Indicates Point Of Beginning TPO8 Indicates True Point Of .Beginning (R) Indicates Radial Bearing L5 d=09° 51'00" ( ) Title to State N36° 2.4'2_6"W(R) R=543.99' I 11 I Access Prohibited L=93.52' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain b PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: P S ®M A S 3 Hutton Centre Drive, Ste. 2O (71t Ana, Cciifornic 2707 41751 73731(7191545-8A.i?3 (Fax) DATE: 10-25-11 REV.: 3;10-11-12 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 3.5 1 2 EXHIBIT1/O'AGE 20 EX T 1+, 2 PARCEL# TITLE GRANTOR AREA APN 22122-5 ESMT SHIN, LEE, KING, CHUANG, WANG 1070 SQ.FT. 102-050-006 2 -_- 38.03'-. ROUTE POB 4 185 3 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING REEWA Y 91 RIVERSIDE F S10°10'55'W_(R)_ S76° 1 3'42"E __ — 107.70' EXISTING R/W _ _- TPOB S75°40'46"E 26.31' R=2034.00 o i ` L=146.91 '' d 04 0 8 1 8 6 S49° S, 32- o^,, F 102-050-013 �� 46's it J_ i^r. 1696079 PROPOSED R/W 3, _ -- O) -,,, —I �- I-1-4 - ,- 6.02' �/�---- o \� �R=2040.00' tc w N75°40'46"W ,005 25.81 050 No 102, ri 98 ° N 22 00. • 3 „_ __ -- L=157.58' A=04°25'33" ' DOC. AO's. 110370, & 2008-06066019 �_. �: � tip, 2: 22- t, S09° 53'41 "‘N (R) of / ill , D _7 I D-1 A 1564389 97859 7765439 2002- 4 DETAIL LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point of Beginning Radial Bearing State Prohibited Scale: 1 "=50' ( ) Title to i I 1 I Access NOTES FEET 22 2 -5 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 1-o obtain ground. distances. All distances are in feet unless otherwise noted. 0 25 50 100 150 PREPARED BY: P 5 0 M A ( 3 Hutton Centro Drive, Ste. 200 Santa Ana California 92707 0714)751-7373/(7141.545-8883 (Fax) DATE: 10-25-11 REV.: 3;10-11-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RI V 91 3.5 2 2 EXHIBIT1 'AGE 21 PSM `_.. 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 EXHIBIT `F1' LEGAL DESCRIPTION Caltrans Parcel No. 22122-6 Temporary Construction Easement APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, Apri126, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, anal November 17,.2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Boole 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at the most westerly corner of said land; thence South 46°41'38" East 19.59 feet along the southwesterly line of said land to a point thereon, said point being the True Point of Beginning; thence South 80°32'54" East 438.54 feet; thence South 75°40'46" East 117.96 feet to a point on the general northerly line of said land, said point being South 48°22'00" East 38.86 feet from an angle point of last said line, said angle point being the northwesterly terminus of that course of said general northerly line shown as "South 49°07'30" East 311.14 feet" on said map; thence South 48°22'00" East 8.72 feet along a portion of said. general northerly line to a point thereon; thence North 75°40'46" West 137.32 feet; thence North 80°32'54" West 422.16 feet to a point on said southwesterly line; thence North 46°41'38" West 5.39 feet along last said line to the True Point of Beginning. Containing 1,802 square feet. See Exhibit `P2' attached hereto and made a part hereof. P:2PTG010501\SURVEY\LEGA.LS\22122 APN_102-050-006\Legal s\22I22-6_TCE.doc 10/11/2012 Page 1 of 2 EXHIBITIAfAGE 22 1 2 3 4 5 6 7 8 9 10 l•l 12 13 14 15 I6 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. Prepared under the direction of Brian E. Bullock, PLS 5260 l� -//'a Date P:\2PTGO10501\SURVEY\LEOALS122122_APN.._102-050-00611.,egais\22122.6 TCE.doc 10/11/2012 Page 2 of 2 EXHIBITIAEAGE 23 EXHIBIT 12 PARCEL# TITLE GRANTOR AREA APN 22122-6 TCE SHIH, LEE, KING, CHUANG, WANG 1802 SOFT. 102-050-006 --_ : ° 3?? 8 97 i � s , ___ 9 Rlfr 539 , 7 8 ROUt. '�'SJ ➢ . k 4S' `�� 0 , E 97 0� 6 s L STq F'�E st°F �lyq 9'.. SEE ` `- $ °22' 2 sue' FOR yEET ,.�.� � 3\� 3 0 „E k'7.„4 dy DETgIL ?7 a,, 3 t�c F Y 4 *4 .376.0 7 73, 702 E 7 102-050-005 Np' 34 STt� 2 69 O' G °�2, E s �ROp- R� /CIO)- p. os ---. 4- 0.Cis, i `T3, %� O CC NOS ff p 0 , OS"0 „ ,s' _ 1103'709785-, ' o.5,0\0- aO ms'TABLE ' s 7 5 .o�- o , ." cs, LI 57 0i0 2008, pos-3 6 LiNE N55° 51 '29"W 1 40.02' 602_ �g5 096 L2 - N39° 51 '01 �'W 153.97' ` 6O07, 0 43, 07,; L3 - S83 28 31 W 65.16 -, o °R. ' L4 - S1 7° 1 4'21'�W 98.6.1' '� L5 - 563°26'34"W 66.89' \°off L3 -� L4 '. RADIAL TABLE .• R1 - S80°33'26"E -' � R2 - S43°41'37"E '. �� . o v. CURVE TABLE te k3 o Q.' C1 - A=36°51'49" R=455.99' L=293.38' Ds , 0 n ,- ..A l N36O 29 01 4V \---)'`9-N N,/� PS LEGEND 124.38' c, POB Indicates Point Of Beginning s TPOB indicates True Point Of Beginning (R) Indicates Radial Bearing L5 0=09° 51 '00" ( ) Title to State N36° 24'26"W(R) R=543.99' L=93.52 1 1 1 1 Access Prohibited 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 22122-6 TEMPORARY CONSTRUCTION EASEMENT -- Y —� distances. MI distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: P S 0 M EA 5 3 Nut ton Centre Drive, Ste. 200 (714)751x-/373/(7141545-8993 7 (Fox) DATE; 10-25-11 REV.: 3;10-11-12 EA: 0F54O FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.5 1 2 EXHIBIT1AI3AGE 24 EX IBIT F2 PARCEL* TITLE GRANTOR AREA APN 22122-6 TCE SHIN, LEE, KING, CHUANG, WANG 1802 SQ.FT. 102-050-006 ROUTE 1 ) } ) 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 4 TPOB ) ) 175 6 7 8 9 S75°40'46"E 117.96' 38.86` S80°31 '28"E 539.45' S80° 32'54 'E 438.54' 180 1 102-050-005 POB ��— 19.59' 1L1 5.39' o`�' L r�'` • ,off/ N80°32`54"W So S 7s °`?/ DETAIL 422.16' —..----' N75°40`46"W 137.32' a 77� S ,9 2° O O X30_ X STING R /W PROPOSED R /W 1 2 `�i7 `, 00, �`_6��~ /r f, 9 43 7696 9 O? CJ9q , .09,. 8.72' J T 'y `°2- 8s O°cD S6 o ' 0c ''4' SO. s' .•. L1102-061-012 Scale: 1'1=100" LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing State Prohibited ( ) Title to 1 1 1 1 Access NOTES FEET 22122-6 TEMPORARY CONTRUCTION 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 Jr feet unless otherwise noted. 0 50 100 200 300 PREPARED BY: psnmAs 3 Huttor. Centre Drive Ste. 200 Santa Ara, Coli`ornia (!2707 (714)751-7373/(71:)545-8883 (Fax) DATE: 10-25-11 REV.: 3;10-11-12 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.5 2 2 EXHIBIT1AIRAGE 25 RS 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 EXHIBIT `GA' LEGAL DESCRIPTION Ca➢trans Parcel No. 22122-7 Temporary Construction Easement APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Docuenent No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370; January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" ofTract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages 10 to 14, Riverside County Records, described as follows: Beginning at an angle point of the general northerly line of said Lot "A", said angle point being the northerly terminus of that course of said general northerly line shown as "North 09°44'20" East 169.42 feet" on said map; thence South 09°34'20" West 44.05 feet along said general northerly line to a point thereon, said point being the True Point of Beginning; thence South 75°40'46" East 25.81 feet to the beginning ofa curve concave northerly leaving a radius of 2,040.00 feet; thence easterly along said curve 157.58 feet through a central angle of 04°25'33" to a point on the northeasterly line of said land, said point being South 49°32'46" East 88.20 feet from the northeasterly corner of said land; thence South 49°32'46" East 7.85 feet along said northeasterly line to a point thereon, said point being to the beginning of a non -tangent curve concave northerly having a radius of 2,044.00 feet, to which point a radial line bears South 09°42'19" West; thence westerly along said curve 164.65 feet through a central angle of 04°36'55"; thence North 75°40'46" West 25.48 feet to a point on said general northerly line; thence North 09°34'20" East 4.01 feet along last said line to the True Point of Beginning. Containing 747 square feet. P:12PTG010501\S URVEY\LEGALS\22122_APN_ 102-050-0061Lega1s122122-7_ TCE.doc 10/11/2012 Page 1 of 2 EXHIBIT1,413AGE 26 PSOMAS 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 See Exhibit `G2' 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 P:12PTG0105011S U RVEYILEOALS`,22122._APN_102-050-006\Lega(s122122-7_TCE.doc 10/11/2012 Page 2 of 2 EXHIBIT1SAGE 27 EXHIBIT G2 PARCEL# TITLE GRANTOR AREA APN 22122-7 TCE SHIH, LEE, KING, CHUANG, WANG 747 SQ.FT. 102-050-006 6 7 R�uTE 9 - sue; \ S8,103 g J = -r 28E 9 RIV s3 7 Roy - n. / T S litt `i76c. ,: 848 ° 2 S4 TI NI�FRSfO FR�E� -tar- ��' � Jrr2oo J �� Ar ...„_________.73 c S 4 , F�4 r `` ?6° 8S s/ -� , \? �. IUD,, 6 ms'_ `� `��-. ° SEE 8 702-050-005 ST j��^ FAR J � V p L s 130 R- 7- tt c, N09 °3 �'g O SElo -� 7. 7 69 0', \ R ��� •4 ' c�- O d0 1_, o- " I v� `� 00��0 / / f 9 0Oc-', 006`0 mss' C NO <y 7 7 03, 9 ?859 quo o �ooOoo, LINE TABLE & <-008' 0 2 1 S6 " o o 8 oo,P `06066 7� 5q' 16960 L1 - N55° 51 '29"W 140.02' L2 - N39°51 '01'W 153.97' 01, O 39 ?,,, L3 S$3°28'31"W 65.16' L O. 1 L4 - S1 7° 1 4'21 "W 98.64' L5 - S63°26'34"W 66.89' , L3 9 ;� L4 -; .. RADIAL TABLE a 9 ,` R1 - S80° 33'26"E <c� R2 - S43°41 '37"E N � CURVE TABLE `r�� o '., <Z -e �� C1 - =36° 51 '49" R=455.99' L=293.38' ps Q / cy N36°29'01 "W cs N PS LEGEND � , !� R 124.38' �� y' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L5 A=09°51'00" ( ) Title to State N36° 24'26"W(R) R=543.99' ) 11 1 Access Prohibited L=93.52' 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 2 - 7 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. __ , FEET 0 100 200 400 000 PREPARED BY: PSOMAS 3 Hutton. Centre Drive, Ste. 200 Santo Ana, California 92707 (714)481-8053/(7141545-8883 (Fax) DATE: 10-25-11 REV.: 3;10-11-12 EA:0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8- �� I U 9 1 3. 4 1 2 EXHIBIT1 Y'AGE 28 EXHIBIT G2 FARCE L# TITLE GRANTOR AREA APN 22122-7 TCE SHIN, LEE, KING, CHUANG, WANG 747 SQ.FT. 102-050-006 2 44.05'x' ROUTE POB 4 3 FREEWAY ROUTE 91 RIVERS --- C/L STATIONING FREEWAY 91 RIVERSIDE S76°13'42"E 107.70' 185 53'40"W (R) 'S09° EXISTING R/W _/ TPOB S75°40'46"E 8e 4p°3 1 25.81 ' R=2040.00 \::°�2p, 2'q6" // L=157.58' 1 ---'`- L=04°25'33 ----- ` F / O.R. 102-050.-013 PROPOSED ;BS, Sps° 4�' IJ-1 r 1 69607 R/W 9 43 0, \ 79,' 1 �R 9 ` try 4.01'- 050,0 A02' 22 Op -, -� R-2044.00" N75°40'46"W ,2,. 25,48 L=164.65' A=04°36'5.5" 2Ei3-3k DOCe NO s. 110370 at 2008-0606601, 05 'a '' ` .3>>... ,73 ...: t N 0 m .. +� AII,J 4-1 8785, 1 564 38, 2002-776539 • DETAIL LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing • State Prohibited Scale: 1"=50' C ) Title to i i 1 ( Access NOTES FEET 22122-7 TEMPORARY CONSTRUCTION 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 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 :a S2707 (7ia14g8053/(71'415.1S-8283 (Fox) DATE: 10-25-11 REV.: 3;10-11-12 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3.4 2 2 EXHIBIT g)AGE 29 EXHIBIT LEGAL DESCRIPTION 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 Caltrans Parcel No. 22122-8 Fee .Acquisition APN 102-050-006 In the County of Riverside, State of California, being a portion of the land described in the Documents recorded August 18, 1981 as Document No. 156438, July 18, 1986 as Document No. 169607, April 26, 1988 as Document No. 110370, January 11, 1989 as Document No. 9785, December 26, 2002 as Document No. 2002-776543, and November 17, 2008 as Document No. 2008-0606601, all of Official Records of said County, said land also being a portion of Lot "A" of Tract 2585, as said lot is shown on that map, filed in Book 47 of Maps, Pages. 10 to 14, Riverside County Records, described as follows: Beginning at the most easterly corner of said land; thence North 49°32'46" West 12.08 feet along the northeasterly line of said land to a point thereon, saidpoint being the True Point of Beginning, said point also being the beginning of a non -tangent curve concave westerly having a radius of 446.00 feet, to whichpoint a radial line bears South 78°11'37" East; thence southerly along said curve 47.67 feet through a central angle of 06°07'27"; thence South 62°06'58" West 40.03 feet; thence North 67°00'05" West 46.41 feet to the beginning of a curve concave easterly having a radius of 98.00 feet; thence northerly along said curve 161.15 feet through a central angle of 94°13'01"; thence North 78°51'48" East 29.43 feet to a point on said northeasterly line; thence South 49°32'46" East 144.98 feet to the True point of Beginning. Containing 14,553 square feet. See Exhibit `H2' attached hereto an.d made a part hereof. P:`2PTG0105011SURVEY\LEGALS\22122_APN_102-050-00611..egals\22122-4 Fee.doc 10/11/2012 Page 1 of 2 EXHIBITIARAGE 30 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 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 /0-//-,2 Date P:\2PTG0105011SLFRVEY\LEGALS122122_APN_ 1.02-050-00611.egals\22122-8J ee, doc 10/11/2012 Page 2 of 2 EXHIBIT1FMAGE 31 EXHIBIT H2 FARCE Lit TITLE GRANTOR AREA APN 22122-8 FEE SHIN, LEE, KING, CHUANG, WANG 14,553 SO.FT. 102-050-006 6 .• S8D0 �. � 6,. '_ `y s LINE TABLE= 7 E 539 `� r� t f l 9 8 45 / RDU O 60 �: 29'01 T� yQ9 6� S 7� 7 76,---q3 0660 "W 9 R°ter jv�t�'S'I Cif 7 3 NI4iG foe FRE S76 °7 7 8S '0„> 7 ? �o F js I- 7,. D p�0p0 ��0o. 9� S�� g, 8s' r 5 03709 643�� 9 7 39 cg .9 O. 7q Y 9 R7ip, j oo�o�;o CD 0 os0oo o oo ,D o so , o u, �_ o o .7 cc, ~ oc3 ' + �\ \\ , / c), \ / / S G. P 37 2200, Jv�� . , Jo: 4. 702-050005 -,_t -- v ms's W 140.02' 153.97' 65.16' 98,64' 66.89' R=455.99' L=293,38' HOC 00 2008 �, \ 0 9p °o N36° 124.38' N36° 24'26"W(R) R. L1 - N55 51 29 L2 - N39° 51'01"W L3 - S83°28`31 "W L4 - S17°1 4'21 "W L5 - S63°26'34"W RADIAL TABLE SEE SHEET 2 FOR pETAIL\ L3 L4. ,,.\ •.3 o �°s' `9- r3 ( = A=09°51'00" R=543.99' L=93.52` ,' v ` o ‘''• ,_ _,--�' RF L5 5 R1 - S80 33 26 'E R2 - S43°41'37"E CURVE TABLE 01 - A=36°51'49" LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing State Prohibited ( ) Title to ) 1 1 I Access NOTES FEET 22192-8 FEE ACQUISITION 600 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. 0 100 200 400 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 2C0 Sont4 Ann, California 92707 (714)491-8053/(714)545-5933 (':ax) DATE: 10-11-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 9 1 3. 1 2 EXHIBIT1/ PAGE 32 E HIB T 112 PARCEL# TITLE GRANTOR AREA APN 22122-8 FEE SHIH, LEE, KING, CHUANG, WANG 14,553 SQ.FT. 102-050-006 OpC 9� S' 9 7 60? 8S 7 008��??65-..) 64389 060660 43 • 9 ' / ' QjRa / ���, rr? A r 1 1-07- „ / 0 / / / N78°51 29,43 0 0 Cfl , o , oc- 6s '0 to•--.\ os 9 sJ o L5• o `48HE ' o' o`So�o o� 96,, 00�6,7 F S" �iI � t J 0 1 I ) f c s c c) I S83°28'31 "W r--6 II 0 -, � oST �� t, 37' TPOB � 65.16' 1 tR LP \\ - \ 12.08' V9° \ N167000 '05"W c "f ?' ct- •W s \ 46 41' . Iv,..ilk ''^ \ .` V j, M -, I `r)` tV 0 s� \ Co ''D v c) % O0 N p / CURVE TABLE `sO : C1 - R=446.00' L=47.67" 19 9 hN l PCB A=06°07`27" `�-* 3 ° LEGEND '' " ©`�`¢� ��� % — . P0B Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R1 Indicates Radial Bearing ��j1 oN / Dc- // C----)( --) Title to State 1 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 ground 22122- FEE ACQUISITION distances. All distances are in feet unless otherwise noted. FEET 0 30 60 120 180 PREPARED BY: P S M A S Hutton Centro 6rive Sie. 200 (714 '9t` 5053/(71. 1545§83 3 (Fax) DATE: 10-11-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET N(-.) TOTAL SHEETS 8 R T 1 V 91 3.4 2 1 EXHIBITI/'AGE 33 EXHIBIT A, PAGE 34123 EXHIBIT A, PAGE 35124 EXHIBIT A, PAGE 36125 EXHIBIT A, PAGE 37126 EXHIBIT A, PAGE 38127 EXHIBIT A, PAGE 39128 EXHIBIT A, PAGE 40129 EXHIBIT A, PAGE 41130 EXHIBIT A, PAGE 42131 BLANK 132 133 BLANK 134 135 136 ~~s: ;1°2: ~w ,.. fMERSIDE COUNTY 'RANSPORTATION COMMISSION Jennifer Harmon Clerk of the Board September 19, 2013 Yen-Shan Chuang Bih-Lien Chuang Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor 3003 E. Hickory Park Cir Sugarland, TX 77479 Riverside, CA 92501 Dear Ms. Harmon: We are writing to you in regards to a resolution of necessity hearing scheduled on October 9, 2013 at 9:30am. The real property in question is described as APN No. 102-050-006. We hereby state that we protest such acquisition of the said land. This letter serves as our written request that we and or our representative shall appear and be heard on the issues that are the subject of the hearing. Sincerely, cl!!'~-y_ Yen-Shan Chuang {/ g;g -f.~" dLUWLk Bih-Lien Chuang U 137 Pinecrest Badger Associates, LLC Jennifer Harmon Clerk of the Board 48900 Milmont Drive, Fremont CA 94538 HIVERSIDE COUNTY TRANSPORTATION C'OMMISSION Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Dear Ms. Harmon: September 19, 2013 I am writing to you in regards to a resolution of necessity hearing scheduled on October 9, 2013 at 9:30am. The real property in question is described as APN No. 102-050-006. I hereby state that I protest such acquisition of the said land. This letter serves as my written request that I and or my representative shall appear and be heard on the issues that are the subject of the hearing. Sincerely, ~ Dianne O'Brien Member Pinecrest Badger Associates, LLC 138 Jennifer Harmon Clerk of the Board rO)~ © rn: 0 W@ffl) /j\\ SEP ? 4 2013 U}j RIVERSIDE COUNlY TRANSPORTATION COMMISSION Riverside County Transportation Commission 4080 Lemon Street, 3n1 Floor Riverside, CA 92501 Dear Ms. Harmon: September 19, 2013 Chi-Yu King Bi-Shia King 381 Hawthorne Avenue Los Altos, CA 94022 We are writing to you in regards to a resolution of necessity hearing scheduled on October 9, 2013 at 9:30am. The real property in question is described as APN No. 102-050-006. We hereby state that we protest such acquisition of the said land. This letter serves as our written request that we and or our representative shall appear and be heard on the issues that are the subject of the hearing. By the way, our correct adress is as shown above, not the ones in your notice of September 9, 2013. Sincerely/' f.I Chi-Yu King 1 '/) ( ,/' ' ,, / /' i 'dt -{) l UL___,, I Bi-Shia King 139 Jennifer Harmon Clerk of the Board RIVERSIDE COUNTY fRANSPORTATION COMMISSION Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Dear Ms. Harmon: September 19, 2013 Tai-Nan Wang Hsiu-Mei Wang 12443 Black Horse Street Mira Loma, CA 91752 We are writing to you in regards to a resolution of necessity hearing scheduled on October 9, 2013 at 9:30am. The real property in question is described as APN No. 102-050-006. We hereby state that we protest such acquisition of the said land. This letter serves as our written request that we and or our representative shall appear and be heard on the issues that are the subject of the hearing. Sincerely, ;~·~ Hsiu-Mei Wang 7 140 RESOLUTION NO. 13-046 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. 102-050-003, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No.102-050-003 (Caltrans Parcel No. 22131), for the State Route 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, October 9, 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. ATTACHMENT 5 141 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 142 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 143 BLANK 144 EXHIBIT A, PAGE 1145 BLANK 146 EXHIBIT A, PAGE 2147 EXHIBIT A, PAGE 3148 EXHIBIT A, PAGE 4149 EXHIBIT A, PAGE 5150 EXHIBIT A, PAGE 6151 EXHIBIT A, PAGE 7152 EXHIBIT A, PAGE 8153 EXHIBIT A, PAGE 9154 EXHIBIT A, PAGE 10155 EXHIBIT A, PAGE 11156 EXHIBIT A, PAGE 12157 EXHIBIT A, PAGE 13158 EXHIBIT A, PAGE 14159 BLANK 160 161 BLANK RESOLUTION NO. 13-048 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. 102-250-022, 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 portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-250-022 (Caltrans Parcel No. 22160), for the State Route 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, October 9, 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 a 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. ATTACHMENT 6 162 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 164 BLANK 165 EXHIBIT A, PAGE 1166 BLANK 167 EXHIBIT A, PAGE 2168 EXHIBIT A, PAGE 3169 EXHIBIT A, PAGE 4170 BLANK 171 EXHIBIT A, PAGE 5172 EXHIBIT A, PAGE 6173 EXHIBIT A, PAGE 7174 BLANK 175 EXHIBIT A, PAGE 8176 EXHIBIT A, PAGE 9177 EXHIBIT A, PAGE 10178 BLANK 179 EXHIBIT A, PAGE 11180 EXHIBIT A, PAGE 12181 EXHIBIT A, PAGE 13182 BLANK 183 184 BLANK 185 sENr cERrrFrED MAIL iDE C IE 11 $/ Efn)t"( September 4,2013 IA\ sEP r 1i)11 W Jennirer Harmon t**t['dfilotih'*'&'r#iltor,r, Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3'd Floor Riverside CA 92501 RE: NOTICE OF HEARING TO PROPERTY OWNERS dated August 23,2013 Hearing Date: October 9, 2013 ParcelJ Nos. 22 1 60- 1, 221 60-2, 221 60 -3 & 221 604 APN 102-250-022 646 Paseo Grande, Corona CA Dear Ms Harmon: Please be advised that lwill appear, possibly with legal representation, and wish to be heard on the following matters: 1. Whether the public interest and necessity require the project for which the propefi is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with th6 greatest public good and least private injury' 3. Whether the property sought to be acquired by eminent domain and described in the Resolution oi Necessity is necessary for the proposed project' 4. Whether the offer required by section 7267.2 of lhe california Government Code has been made. Sincerely, ノ ``Z;リ ォ4ン tズ ン(じ メLム ´ヽ ′~Patricia Hale ・・・ SENtt CERTIFIED MA:L September 4,2013 」enn fer Harmon Clerk ofthe Board ,ro,vrlUr'foti%Ec&u##o,on Riverside County Transportation Commission 4080 Lemon Street, 3'd Floor Riverside CA 92501 RE: NOTICE OF HEARING TO PROPERTY OWNERS dated August 23,2013 Hearing Date: October 9, 2013 Parcels Nos. 22 1 60- 1, 221 60-2, 221 60-3 & 221 604 APN 102-250-022 646 Paseo Grande, Corona CA Dear Ms Harmon: Please be advised that we will appear, possibly with legal representation, and wish to 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 lhe California Government Code has been made. Sincerely, Jared S. Hale, Co-Trustee Ofthe Gerald A Hale Trust Dated March 4,1998 ・・・ SENT CERTIF!ED MAiL September 4,2013 」ennfer Harmon Clerk ofthe Board 艦 記 :ir」圏 lT:器 .°nc°mmも.on R市 erside CA 92501 TRAN拙肯骨∥lifl∥∥lssiON RE: NOTICE OF HEARING TO PROPERry OWNERS dated August 23,2013 Hearing Date: October 9, 2013 Parcels Nos. 221 60-1, 22160-2, 22160-3 & 221604 APN 102-250-022 646 Paseo Grande, Corona CA Dear Ms Harmon: Please be advised that we will appear, possibly with legal representation, and wish to be heard on the following matters: 1 . Whether the public interest and necessity require the proiect 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 ot the California Government Code has been made. Sincerely, 」電ヽ戦斌み Jason A. Hale, Co-Trustee Of the Gerald A. Hale Trust Dated March 4, 1998 ・・・ BLANK RESOLUTION NO. 13-050 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. 101-290-017, 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.101-290-017 (Caltrans Parcel No. 22090), for the State Route 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, October 9, 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. ATTACHMENT 7 189 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 190 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 191 BLANK 192 17336.02100\8229831.1 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 portion of the property to be acquired. “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 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. EXHIBIT A, PAGE 1193 BLANK 194 EXHIBIT A, PAGE 2195 EXHIBIT A, PAGE 3196 EXHIBIT A, PAGE 4197 EXHIBIT A, PAGE 5198 EXHIBIT A, PAGE 6199 EXHIBIT A, PAGE 7200 EXHIBIT A, PAGE 8201 EXHIBIT A, PAGE 9202 EXHIBIT A, PAGE 10203 EXHIBIT A, PAGE 11204 EXHIBIT A, PAGE 12205 EXHIBIT A, PAGE 13206 207 BLANK 208 209 210 211 BLANK RESOLUTION NO. 13-051 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A TEMPORARY ACCESS EASEMENT INTEREST IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 101-170-042 AND 102-020-009, 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 access easement interest in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos.101-170-042 and 102-020-009 (Caltrans Parcel No. 22102), for the State Route 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, October 9, 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 temporary access easement 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. ATTACHMENT 8 212 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 213 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 214 BLANK 215 17336.02100\8221572.1 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 Access Easement” refers to a temporary easement and 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 RCTC owned facilities and/or construction site, 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. 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. EXHIBIT A, PAGE 1216 BLANK 217 EXHIBIT A, PAGE 2218 EXHIBIT A, PAGE 3219 EXHIBIT A, PAGE 4220 BLANK 221 EXHIBIT A, PAGE 5222 BLANK 223 224 BLANK RESOLUTION NO. 13-052 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. 102-020-010, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-020-010 (Caltrans Parcel No. 22107), for the State Route 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, October 9, 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. ATTACHMENT 9 225 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 226 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 227 BLANK 228 EXHIBIT A, PAGE 1229 BLANK 230 EXHIBIT A, PAGE 2231 EXHIBIT A, PAGE 3232 EXHIBIT A, PAGE 4233 BLANK 234 EXHIBIT A, PAGE 5235 EXHIBIT A, PAGE 6236 EXHIBIT A, PAGE 7237 BLANK 238 239 BLANK 240 Fax sent by 9497948725 PAL"IERI TYLER 08-29-13 11:09 Pg: 2/7 ANGELO J. PALMtfiRI <UU·11Hl ROBERT F. WALDRON (1ta7·1tU) ALAN M, WlfiNER• OON"A L. INOW MICHAEL J. GREfiNfi• RYAN M. E.O.BTER OENNll W. G"AM• l!LISI! M. KIRN OAlllD D. PAAll" M!L1$A R. PEREZ CHAALEI H. KAOITER• MIC""eL 1. l(~ .. 0£ PATRICK ... HENNE8BEV ClHAOWIC~ C. 9UNC:" DON FIBHER AM1$11 j, •AotK!R GRIGORY N. WEILER RYAN M. PRAGER WARREN A. WILLIAMS ILAtt.IE M. HARLE JOMN R LISTER JERAD UL TZ ··-·-PALMIER.I, TYLER. WIENER. WILHELM & WALDRON~ 2003 MAIN STREET EAST TOWeR -SUITE 1300 IAVINE. CALIFORNIA 92614-4281 (949) s::; 1.9400 www.p,www.~om August 29, 2013 Mll>MEL rt. LEIFER ERIN IA~·ARA NAD!RI SCOTT R. CARPENTER ERICA M. iOROSKV RICrtARD /\ SALUB PETER M08Lfitl NORMAN J. RODICH JOSHUA J. MARX RONALO M. CO Le UIN K. OV•MA MICHAEi. I.. O'ANIOELO &T!Vl!.N II. OUEB8 8TEPMEN A. BC>IECK MICHAEL C. CHO, OF COUNIC~ ll09EllT C. IHRKE OF COUHIEL JAMES E. WILMELM, OF COUNSEL DENNIS 0. TVLEll". HTIREO .,. ~f!onssiONo\L CClll•ORAJJO"' VIA U.S. MAIL & FACSIMILE (951) 787-7920 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 9250 I P 0. BOX 19712 IRVINE, CA 92823-9712 WRITER'S DIRECT DIAL NUMBER (D•&) 8S1·7204 WRITER'S DUUCT FACSIMILE NUM8ER 19•9) 625-5•09 FIRM'S DIRECT FAC&ll.tl~E NUMBERS 19•9) 661-1554 19•9) 757-1225 phennNHy@ptwww.com REFER TO FILE NO. 37383·000 Re: Objection to Proposed Adoption of Resolation of Necessity for Acquisition of a Portion of Certain Real Property Identified As 2735 Wardlow Road, Coroaa, Califoraia (APN 102-020-010; Cahraas Parcel No. 22107) for the State Route 91 Corridor Improvement Project Dear Ms. Harmon: This finn represents Larry R. Haupert ("Owner"), owner of certain real property located at 2735 Wardlow Road, Corona, California, and more particularly described as Assessor Parcel Number 102-020-0 l 0 (the "Subject Property"). We have been informed that Riverside County Transportation Commission C'RCTC") intends to consider adopting a resolution of necessity authorizing the taking of portions of the Subject Property by condemnation for the State Route 91 (SR-91) Corridor Improvement Project (the "Project"). The hearing on the resolution of necessity which was previously set for September 11, 2013, has been continued to W cdnesday, October 9, 2013, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California. The purpose IOSOSSS.I 241 Fax sent by : 9497948725 PAL"IERI TYLER PALMIERI. TYLER. WIENER. WILHELM &WALDRON~ Jennifer Harmon August 29, 2013 Page2 88-29-13 11:89 Pg: 3/7 of this letter is to provide written objections on behalf of the Owner to the adoption of the resolution of necessity in lieu of personally appearing at the hearing. Accordingly, we request that this letter be included as part of the formal record on that agenda item. The OWner objects to the adoption of the resolution of necessity on each of the following specific grounds: I. 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).) Here, RCTC's precondemnation offer is invalid insofar as it was predicated upon an appraisal that failed to address the considerable damages that have resulted and will result from RCTC's acquisition and construction and use of the Project in the manner proposed to the Subject Property. Although these impacts had been known by RCTC for some time, its precondemnation offer was based upon an appraisal that failed to consider any of them and, therefore, contained no analysis of, or compensation for, the resulting damages. As a result of the foregoing, RCTC's precondemnation offer was invalid and cannot support the adoption of a resolution of necessity authorizing the acquisition of portions of the Subject Property by eminent domain. 2. RCTC Failed To Negotiate In Good Faith Pursuant To Government Code Section 7267. J. 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 1050S5S I 242 Fax sent by : 9497948725 PAL"IERI TYLER PALMIERI. TYLER. WIENER.. WILHELM &WALDRON~ Jennifer Harmon August 29, 2013 Page 3 88-29-13 11:09 Pg: 4.17 shall, 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.) Here, RCTC has made a knowingly inadequate precondemnation offer that the Owner cannot accept because the offer does not account for the Project's true impacts to the Subject Property. Though RCTC has made a precondemnation offer to the Owner, the offer is predicated on an appraisal that did not consider the construction and use of the Project in the manner proposed, as necessitated under the Eminent Domain law. Instead of analyzing the Project's true impacts, RCTC is prematw-ely moving forward with this condemnation action and requesting that the Owner either "blindly" accept its precondemnation offer "as is" (without first providing the Owner with an opportunity to assess the adequacy of the offer) or be named as a defendant in a condemnation action. From the limited infonnation provided to the Owner, however, RCTC's Project as currently proposed will result in substantial damages to the Subject Property, which damages RCTC has neither appraised nor made an offer of compensation to redress. 3. RCTC's Proposed Proiect Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private Injury. RCTC's consideration and adoption of a resolution of necessity requires a finding that the Project as proposed is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (Code Civ. Proc., § 1245.340(c)(2).) In this case, however, a number of viable project alternatives exist that would enable RCTC to obtain all of the amenities of the Project as proposed but at a substantially reduced cost and with less private property. RCTC, however, has failed and refused to consider viable Project alternatives that would reduce the damaging impacts to the Subject Property while maintaining (or improving) any claimed beneficial aspects of the Project. Because each alternative would enable RCTC to achieve its Project objectives at a greatly reduced private injw-y, RCTC must consider those alternatives before an informed detennination can be made as to whether the Project as proposed is ''most compatible with the greatest public good and the least private injury." 10.som.1 243 Fax sent by : 9497948725 PALnIERI TYLER PALMIERI. TYLER. WIENER. WILHELM &WALDRON~ Jennifer Harmon August 29, 2013 Page 4 88-29-13 11 :18 Pg: 5/7 4. The Property Sought To Be Acguired By RCTC Is Not Necessary For the Project. One of the mandatory components to the necessity determination is that the property sought to be acquired must be necessary for the project. (Code Civ. Proc. § 1240.030, subd. (c).) The Eminent Domain Law defines "property" to include real and personal property and any interest thereon. (Code Civ. Proc.,§ 1235.170.) Thus, the RCTC must not only consider whether the Subject Property is necessary for the Project but also whether the particular interest in property that the RCTC seeks to take is necessary. In the absence of substantial evidence supporting such a determination, the resolution of necessity will be invalid. In this case, the RCTC proposes to take more of the Subject Property than is necessary for the Project. 5. RCTC Is Incapable Of Conducting A Fair, Legal and Impartial Hearing On The Proposed Adoption Of The Resolution. RCTC has already committed itself to the purported Project, and taking. As such, any hearing resulting in the adoption of the resolution by RCTC would be a predetermined result. The proposed resolution hearing is a pretense and artifice and any resolution adopted under these circumstances would be voidable by a court of competent jurisdiction. (See, Redevelopment Agency v. Norm's Slauson ( 1985) 173 Cal.App.3d 1121, 1127.) In Norm's Slauson, the Court held that the condemning agency's approval of the resolution of necessity was invalid since the agency 11 simply 'rubber stamped' a predetermined result because, prior to any hearing on the resolution, it (i) entered into an agreement with a developer by which the agency agreed to transfer a portion of defendant/property owner's restaurant, and the developer agreed to construct a condominium thereon; and, (ii) issued and sold tax exempt bonds to pay for the acquisition. (Norm's Slauson, supra, 173 Cal.App.3d at p. 1127.) "In short, the agency, without any notice to Norm's [the property owner], in effect sold the property and issued bonds to obtain the money to acquire the property all before taking any steps to condemn the property." (/d., at p. 1125.) As a condition precedent to the exercise of the power of eminent domain, a public agency "must hold a public hearing to determine whether a particular taking meets the [requirements of Civil Code section 1245.235, i.e., is for a public use, necessary, and designed in such a manner to cause the least private injury] .... " (Norm's Slauson, supra, 173 Cal.App.3d at p. 1125 (Emphasis added].) "Implicit in this requirement ... is the IOS055S.I 244 Fax sent by : 9497948725 PAL"IERI TYLER PALMIERI. TYLER. WIENER. WILHELM &WALDRONa Jennifer Harmon August 29, 2013 Page 5 ee-29-13 11:1e concept that ... the [a)gency engage in a good faith and judicious consideration of the pros and cons of the issue and that the decision to take be buttressed by substantial evidence .... " (Id, at pp. 1125-6.) "[A]n agency that would take private property ... must ... conduct a fair hearing and make its determination on the basis of evidence presented in a judicious and nonarbitrary fashion." (Id., at p. 1129.) In the absence of a fair and impartial hearing, the resolution of necessity is void. If the condemning agency fails to conduct itself in this manner, then the resolution is not entitled to its ordinary conclusive effect and the burden of proving the elements for a particular taking rests on the government agency with the court being the final adjudicator. (Norm's Slauson, supra1 173 Cal.App.3d at pp. 1128-1129.) "The governmental agency in such a situation cannot act arbitrarily and then seek the benefit of having its decision afforded the deference to which it might otherwise be entitled." (Id., at p. 1129.) In this case, RCTC has already predetermined the outcome of the hearing well before it was set by impennissibly and irrevocably committing itself to taking po.rtions of the Subject Property. Therefore, RCTC's anticipated approval of the resolution of necessity is invalid because, effectively, RCTC has no discretion but to approve the resolution since RCTC already committed itself to the Project. (See, e.g., Norm's Slauson, supra, 173 Cal.App.3d at pp. 1127-30; Code Civ. Proc.§ 1245.255, subd. (b).) Accordingly, if the resolution is adopted, the hearing which led to its adoption will have been a pretense and RCTC's policy-making board will simply be "rubber stamping" a pre-determined result. Such an action would constitute more than a gross abuse of discretion; it would represent the elimination of any discretion whatsoever. Accordingly, if the resolution is adopted, it will be subject to attack on this basis. IOSOSSS.I 245 Fax sent by : 9497940725 PAL"IERI TYLER PALMIERI. TYlf.R. WIENER. WILHELM &WALDRON~ Jennifer Harmon August29, 2013 Page6 08-29-13 11:10 Pg: 7/7 Based upon the foregoing objections, the Owner respectfully requests that RCTC not adopt the resolution or, at a minimum, continue the hearing on this agenda item until such time as the objections are addressed. IfRCTC has any questions or comments concerning the content of this letter, it should contact the Wldersigned at the number listed above. PAH:ab cc via email: Mark A. Easter MonaNemat Anish J. Banker 105055).J Very truly yours, 246 RESOLUTION NO. 13-053 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. 102-020-046, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-020-046 (Caltrans Parcel No. 22109), for the State Route 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, October 9, 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. ATTACHMENT 10 247 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 248 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 249 BLANK 250 EXHIBIT A, PAGE 1251 BLANK 252 EXHIBIT A, PAGE 2253 EXHIBIT A, PAGE 3254 EXHIBIT A, PAGE 4255 EXHIBIT A, PAGE 5256 EXHIBIT A, PAGE 6257 BLANK 258 EXHIBIT A, PAGE 7259 EXHIBIT A, PAGE 8260 261 BLANK RESOLUTION NO. 13-054 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-061-012, 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, permanent wall footing easement, permanent 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.102-061-012 (Caltrans Parcel No. 22119), for the State Route 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, October 9, 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, permanent 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. ATTACHMENT 11 262 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 263 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 264 BLANK 265 17336.02100\8229852.2 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 portion of the property to be acquired. “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. EXHIBIT A, PAGE 1266 17336.02100\8229852.2 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 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. EXHIBIT A, PAGE 2267 EXHIBIT A, PAGE 3268 EXHIBIT A, PAGE 4269 EXHIBIT A, PAGE 5270 BLANK 271 EXHIBIT A, PAGE 6272 EXHIBIT A, PAGE 7273 EXHIBIT A, PAGE 8274 BLANK 275 EXHIBIT A, PAGE 9276 EXHIBIT A, PAGE 10277 EXHIBIT A, PAGE 11278 BLANK 279 EXHIBIT A, PAGE 12280 EXHIBIT A, PAGE 13281 EXHIBIT A, PAGE 14282 BLANK 283 284 BLANK RESOLUTION NO. 13-055 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-280-021, 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 temporary construction easement interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-280-021 (Caltrans Parcel No. 22147), for the State Route 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, October 9, 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 a temporary construction easement 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. ATTACHMENT 12 285 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 286 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 287 BLANK 288 EXHIBIT A, PAGE 1289 BLANK 290 EXHIBIT A, PAGE 2291 BLANK 292 EXHIBIT A, PAGE 3293 BLANK 294 295 BLANK RESOLUTION NO. 13-056 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, BUILDING DEMOLITION 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. 102-280-031, 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, building demolition 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. 102-280-031 (Caltrans Parcel No. 22151), for the State Route 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, October 9, 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. ATTACHMENT 13 296 Section 2. Public Use. The public use for fee, permanent wall footing easement, building demolition 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. Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 297 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 298 BLANK 299 17336.02100\8221574.1 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 portion of the property to be acquired. “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 temporary easement and 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 RCTC owned facilities and/or construction site, 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. Such right shall be exercised for a period of 3 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. EXHIBIT A, PAGE 1300 17336.02100\8221574.1 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. “Building Demolition Easement” refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, for the purpose of providing access for the demolition of the building described herein. This right includes the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access RCTC owned facilities and/or construction site, 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 Such right shall be exercised for a period of 3 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. "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. EXHIBIT A, PAGE 2301 17336.02100\8221574.1 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. EXHIBIT A, PAGE 3302 BLANK 303 EXHIBIT A, PAGE 4304 EXHIBIT A, PAGE 5305 EXHIBIT A, PAGE 6306 BLANK 307 EXHIBIT A, PAGE 7308 EXHIBIT A, PAGE 8309 EXHIBIT A, PAGE 9310 EXHIBIT A, PAGE 10311 EXHIBIT A, PAGE 11312 EXHIBIT A, PAGE 12313 EXHIBIT A, PAGE 13314 BLANK 315 EXHIBIT A, PAGE 14316 EXHIBIT A, PAGE 15317 EXHIBIT A, PAGE 16318 EXHIBIT A, PAGE 17319 EXHIBIT A, PAGE 18320 EXHIBIT A, PAGE 19321 EXHIBIT A, PAGE 20322 EXHIBIT A, PAGE 21323 324 BLANK RESOLUTION NO. 13-057 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 NOS. 118-040-031, 118-040-032 AND 118-040-033, 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 fee and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos.118-040-031, 118-040-032 and 118-040-033 (Caltrans Parcel No. 22154), for the State Route 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, October 9, 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. ATTACHMENT 14 325 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 326 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 327 BLANK 328 17336.02100\8221575.1 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 portion of the property to be acquired "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. EXHIBIT A, PAGE 1329 BLANK 330 EXHIBIT A, PAGE 2331 EXHIBIT A, PAGE 3332 EXHIBIT A, PAGE 4333 BLANK 334 EXHIBIT A, PAGE 5335 EXHIBIT A, PAGE 6336 EXHIBIT A, PAGE 7337 EXHIBIT A, PAGE 8338 EXHIBIT A, PAGE 9339 EXHIBIT A, PAGE 10340 EXHIBIT A, PAGE 11341 EXHIBIT A, PAGE 12342 343 BLANK RESOLUTION NO. 13-058 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 NOS. 102-290-012 AND 102-290-013, 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 Nos. 102-290-012 and 102-290-013 (Caltrans Parcel No. 22168), for the State Route 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, October 9, 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. ATTACHMENT 15 344 Section 2. Public Use. The public use for 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. Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, legal description(s), and/or 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/or 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 345 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 346 BLANK 347 17336.02100\8231767.1 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 interests in the portion of the property to be acquired. “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 as to CPN 22168-3 for a period of 12 months, and for a period of 3 months as to CPNS 22168-4 and 22168-5, 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 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. EXHIBIT A, PAGE 1348 17336.02100\8231767.1 Such right shall be exercised for a period of 3 months. 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. EXHIBIT A, PAGE 2349 EXHIBIT A, PAGE 3350 EXHIBIT A, PAGE 4351 EXHIBIT A, PAGE 5352 EXHIBIT A, PAGE 6353 EXHIBIT A, PAGE 7354 BLANK 355 EXHIBIT A, PAGE 8356 EXHIBIT A, PAGE 9357 EXHIBIT A, PAGE 10358 EXHIBIT A, PAGE 11359 EXHIBIT A, PAGE 12360 BLANK 361 EXHIBIT A, PAGE 13362 EXHIBIT A, PAGE 14363 EXHIBIT A, PAGE 15364 EXHIBIT A, PAGE 16365 EXHIBIT A, PAGE 17366 BLANK 367 EXHIBIT A, PAGE 18368 EXHIBIT A, PAGE 19369 EXHIBIT A, PAGE 20370 EXHIBIT A, PAGE 21371 EXHIBIT A, PAGE 22372 BLANK 373 EXHIBIT A, PAGE 23374 EXHIBIT A, PAGE 24375 EXHIBIT A, PAGE 25376 EXHIBIT A, PAGE 26377 378 BLANK RESOLUTION NO. 13-059 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. 102-290-006, 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 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. 102-290-006 (Caltrans Parcel No. 22169), for the State Route 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, October 9, 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. ATTACHMENT 16 379 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 380 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 381 BLANK 382 EXHIBIT A, PAGE 1383 BLANK 384 EXHIBIT A, PAGE 2385 EXHIBIT A, PAGE 3386 EXHIBIT A, PAGE 4388 EXHIBIT A, PAGE 5389 EXHIBIT A, PAGE 6390 EXHIBIT A, PAGE 7391 EXHIBIT A, PAGE 8392 EXHIBIT A, PAGE 9393 EXHIBIT A, PAGE 10394 EXHIBIT A, PAGE 11395 EXHIBIT A, PAGE 12397 EXHIBIT A, PAGE 13398 399 BLANK RESOLUTION NO. 13-060 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, TEMPORARY CONSTRUCTION EASEMENT, BUILDING DEMOLITION EASEMENT AND BUILDING ACCESS EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-330-017, 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, temporary construction easement, building demolition easement and building access easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-330-017 (Caltrans Parcel No. 22176), for the State Route 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, October 9, 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, temporary construction easement, building demolition easement, and building access 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. ATTACHMENT 17 400 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 401 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 402 BLANK 403 EXHIBIT A, PAGE 1404 EXHIBIT A, PAGE 2405 EXHIBIT A, PAGE 3406 EXHIBIT A, PAGE 4407 EXHIBIT A, PAGE 5408 BLANK 409 EXHIBIT A, PAGE 6410 EXHIBIT A, PAGE 7411 EXHIBIT A, PAGE 8412 BLANK 413 EXHIBIT A, PAGE 9414 EXHIBIT A, PAGE 10415 EXHIBIT A, PAGE 11416 BLANK 417 EXHIBIT A, PAGE 12418 EXHIBIT A, PAGE 13419 EXHIBIT A, PAGE 14420 BLANK 421 EXHIBIT A, PAGE 15422 EXHIBIT A, PAGE 16423 EXHIBIT A, PAGE 17424 BLANK 425 EXHIBIT A, PAGE 18426 EXHIBIT A, PAGE 19427 EXHIBIT A, PAGE 20428 BLANK 429 430 BLANK RESOLUTION NO. 13-061 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF 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. 118-101-015, 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 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. 118-101-015 (Caltrans Parcel No. 22185), for the State Route 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, October 9, 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 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. ATTACHMENT 18 431 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 432 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 433 BLANK 434 17336.02100\8228320.1 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: “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. EXHIBIT A, PAGE 1435 BLANK 436 EXHIBIT A, PAGE 2437 EXHIBIT A, PAGE 3438 EXHIBIT A, PAGE 4439 BLANK 440 EXHIBIT A, PAGE 5441 EXHIBIT A, PAGE 6442 EXHIBIT A, PAGE 7443 BLANK 444 445 BLANK RESOLUTION NO. 13-062 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PERMANENT WALL FOOTING EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, BUILDING DEMOLITION EASEMENT AND TEMPORARY ACCESS EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-171-018, 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 permanent wall footing easement, temporary construction easement, building demolition easement and temporary access easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-171-018 (Caltrans Parcel No. 22187), for the State Route 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, October 9, 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. ATTACHMENT 19 446 Section 2. Public Use. The public use for permanent wall footing easement, temporary construction easement, building demolition easement, and temporary access 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, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 447 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 448 BLANK 449 17336.02100\8229322.1 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: “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 non-exclusive easement and 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 RCTC owned facilities and/or construction site, 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. Such right shall be exercised for a period of 3 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. EXHIBIT A, PAGE 1450 17336.02100\8229322.1 “Building Demolition Easement” refers to a temporary exclusive easement and right of way in favor of RCTC, its successors and assigns, together with the right to demolish, construct, reconstruct, repair, extend, maintain and traverse an access way to access RCTC owned facilities and/or construction site, 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. Such right shall be exercised for a period of 3 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 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. EXHIBIT A, PAGE 2451 EXHIBIT A, PAGE 3452 EXHIBIT A, PAGE 4453 EXHIBIT A, PAGE 5454 EXHIBIT A, PAGE 6455 EXHIBIT A, PAGE 7456 EXHIBIT A, PAGE 8457 EXHIBIT A, PAGE 9458 BLANK 459 EXHIBIT A, PAGE 10460 EXHIBIT A, PAGE 11461 EXHIBIT A, PAGE 12462 EXHIBIT A, PAGE 13463 EXHIBIT A, PAGE 14464 EXHIBIT A, PAGE 15465 EXHIBIT A, PAGE 16466 EXHIBIT A, PAGE 17467 468 BLANK RESOLUTION NO. 13-063 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. 118-171-047, 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. 118-171-047 (Caltrans Parcel No. 22212), for the State Route 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, October 9, 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 a 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. ATTACHMENT 20 469 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 470 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 471 BLANK 472 EXHIBIT A473 BLANK 474 475 BLANK RESOLUTION NO. 13-064 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. 117-070-030, 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. 117-070-030 (Caltrans Parcel No. 22247), for the State Route 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, October 9, 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. ATTACHMENT 21 476 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 477 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 478 BLANK 479 17336.02100\8232125.1 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 portion of the property to be acquired. “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. EXHIBIT A, PAGE 1480 BLANK 481 EXHIBIT A, PAGE 2482 EXHIBIT A, PAGE 3483 EXHIBIT A, PAGE 4484 EXHIBIT A, PAGE 5485 EXHIBIT A, PAGE 6486 EXHIBIT A, PAGE 7487 EXHIBIT A, PAGE 8488 EXHIBIT A, PAGE 9489 EXHIBIT A, PAGE 10490 EXHIBIT A, PAGE 11491 EXHIBIT A, PAGE 12492 EXHIBIT A, PAGE 13493 494 BLANK RESOLUTION NO. 13-065 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. 117-070-027, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-070-027 (Caltrans Parcel No. 22268), for the State Route 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, October 9, 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. ATTACHMENT 22 495 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 496 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 497 BLANK 498 17336.02100\8232134.1 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 portion of the property to be acquired. "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. EXHIBIT A, PAGE 1499 BLANK 500 EXHIBIT A, PAGE 2501 EXHIBIT A, PAGE 3502 EXHIBIT A, PAGE 4503 BLANK 504 EXHIBIT A, PAGE 5505 EXHIBIT A, PAGE 6506 EXHIBIT A, PAGE 7507 EXHIBIT A, PAGE 8508 509 BLANK RESOLUTION NO. 13-066 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. 117-114-012, 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 portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-114-012 (Caltrans Parcel No. 22588), for the State Route 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, October 9, 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. ATTACHMENT 23 510 Section 3. Description of Property. Attached and marked as Exhibit “A” are the legal definitions, descriptions, and/or maps of the interest(s) to be acquired by the Commission that 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/or 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 511 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 9th day of October, 2013. ___________________________________ Karen S. Spiegel, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 512 BLANK 513 EXHIBIT A, PAGE 1514 BLANK 515 EXHIBIT A, PAGE 2516 EXHIBIT A, PAGE 3517 EXHIBIT A, PAGE 4518 BLANK 519 EXHIBIT A, PAGE 5520 EXHIBIT A, PAGE 6521 EXHIBIT A, PAGE 7522 BLANK 523 524 Commission Request 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. THE COMMISSION IS REQUESTED TO MAKE THE FOLLOWING FINDINGS : PROJECT MAP Parcel Locations in the Project PARCEL LIST (1 of 2) 1.Griffiths Properties LLC, an Arizona limited liability company 2.Wayne Kanemoto as Trustee of the Wayne Kanemoto Living Trust 2002 dated January 2, 2002 3.Anaheim Investors LLC, a Delaware limited liability company 4.Serfas Development, LLC, a California limited liability company; Sherman Shyh Huang Lee and Min Ling Lee, Trustees of the Sherman Shyh Huang Lee Family Trust dated July 19th 1984; Chi-Yu King and Bi Shia King; Hsing Chieh Shih and Bi-Yu W. Shih, Trustees of the Hsing-Chieh and Bi-Yu W. Shih Living Trust, dated February 3, 2003; Bih Lien Chuang and Yen-Shan Chuang; Roger C. Wang and Eva W. Wang 5.Serfas Development, LLC, a California limited liability company; Sherman Shyh Huang Lee and Min Ling Lee, Trustees of the Sherman Shyh Huang Lee Family Trust dated July 19, 1984; Grace Dora Hsu; Alice Tamoura Lee; Chi-Yu King and Bi Shia King; Bih-Lien Chuang and Yen-Shan Chuang; Pinecrest Badger Associates, LLC, a California limited liability company; Tai-Nan Wang and Hsiu-Mei Wang; Hsing-Chieh Shih and Bi-Yu W. Shih, Trustees of the Hsing-Chiehand Bi-Yu Shih Living Trust, dated February 3, 2003 6.Gerald A. Hale, as Trustee of the Gerald A. Hale Trust dated March 4, 1998 and Patricia A. Hale 7.Prado Land Company, L.P. 8.Wardlow Road Development, LLC, a California limited liability company 9.Larry R. Haupert 10.Prestige KIA Riverside, a California LLC 11.Richard Lewis Curtis and Rebecca Christine Curtis, Trustees of the Family Trust of Richard Lewis Curtis and Rebecca Christine Curtis, dated July 31, 1997 PARCEL LIST (2 of 2) 12.Martin Investment Company, a limited partnership 13.Storage Direct at Corona, LLC, a California limited liability company, and McKibban Storage l, LLC, a California limited liability company 14.Janaco, LLC, a California limited liability company 15.Gordon Holdings, L.P., a California limited partnership 16.Diversified Products International Incorporated, a Nevada corporation 17.El-Corona, a California limited liability company 18.Southern California Edison Company, a California corporation who acquired title as California Electric Power Company, a corporation by merger 19.Corona Gardens Partners, a California limited partnership 20.David G. Dixon 21.U.S. Bank National Association, as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP10 Commercial Mortgage Pass-Through Certificates, Series 2007-LDP10 22.APGG, LLC, a California limited liability company 23.Redevelopment Agency of the City of Corona, a dissolved public body, subject to Section 34173 of the California Health and Safety Code OFFERS OF JUST COMPENSATION (1 of 2) No.Ownership Date of Offer 1 Griffiths Properties, LLC March 28, 2013 2 Wayne Kanemoto July 18, 2013 3 Anaheim Investors,LLC May 31, 2013 4 Serfas Development August 8, 2013 5 Serfas Development August 8, 2013 6 Gerald A. Hale and Patricia A. Hale March 21, 2013 7 Prado Land Company November 20, 2012 8 Wardlow Road Development March 28, 2013 9 Larry R. Haupert April 4, 2013 10 Prestige Kia Riverside June 18, 2013 11 Richard Lewis Curtis and Rebecca Christine Curtis August 13, 2013 OFFERS OF JUST COMPENSATION (2 of 2) No.Ownership Date of Offer 12 Martin Investment May 14, 2013 13 Storage Direct March 5, 2013 14 Janaco, LLC January 16, 2013 15 Gordon Holdings May 9, 2013 16 Diversified Products August 8, 2013 17 El-Corona January 11, 2013 18 Southern California Edison Company May 2, 2013 19 Corona Gardens Partners July 23, 2013 20 David G. Dixon May 10, 2013 21 U. S. Bank National Association June 20, 2013 22 APGG, LLC February 19, 2013 23 Redevelopment Agency of the City of Corona July 31, 2013 CONTACT SUMMARY MATRIX (1 of 2) *These numbers do not include contacts made with legal counsel, which in some cases has been extensive. No.Ownership In Person Meetings Mailings Phone Contacts E-Mails Total 1 Griffiths Properties, LLC 3 2 27 15 47 2 Wayne Kanemoto 6 5 18 41 70 3 Anaheim Investors, LLC 1 2 12 5 20 4 Serfas Development 2 1 6 8 17 5 Serfas Development 2 1 6 8 17 6 Gerald A. Hale and Patricia A. Hale 8 6 21 84 119 7 Prado Land Company 5 2 43 111 161 8 Wardlow Road Development 4 7 6 37 54 9 Larry R. Haupert 3 2 20 27 52 10 Prestige Kia Riverside 3 3 15 14 35 11 Richard Lewis Curtis and Rebecca Christine Curtis 6 1 29 3 39 CONTACT SUMMARY MATRIX (2 of 2) *These numbers do not include contacts made with legal counsel, which in some cases has been extensive. No.Ownership In Person Meetings Mailings Phone Contacts E-Mails Total 12 Martin Investment 3 1 15 8 27 13 Storage Direct 6 20 10 8 44 14 Janaco, LLC 6 2 21 5 34 15 Gordon Holdings 7 7 14 14 42 16 Diversified Products 2 3 5 8 18 17 EI-Corona 2 11 26 4 43 18 Southern California Edison Company 2 3 11 7 23 19 Corona Gardens Partners 3 1 9 7 20 20 David G. Dixon 1 2 6 5 14 21 U.S. Bank National Association 4 4 28 25 61 22 APGG, LLC 4 1 12 34 51 23 Redevelopment Agency of the City of Corona 1 2 2 5 10 PARCEL 1 Griffiths Properties, LLC 102-020-039 PARCEL 2 Wayne Kanemoto 102-061-011 PARCEL 3 Anaheim Investors, LLC 102-420-036 PARCEL 4 Serfas Development 102-050-006 PARCEL 5 Se r f a s C l u b D r SR-91 Eastbound Lanes Proposed SR-91 Eastbound Toll Lanes Serfas Development 102-050-003 PARCEL 6 Gerald A. Hale and Patricia A. Hale 102-250-022 PARCEL 7 Prado Land Company 101-290-017 PARCEL 8 Wardlow Road Development 102-020-009, 101-170-042 PARCEL 9 Larry R. Haupert 102-020-010 PARCEL 10 Prestige Kia Riverside 102-020-046 PARCEL 11 Richard Lewis Curtis and Rebecca Christine Curtis 102-061-012 PARCEL 12 Martin Investment 102-280-021 PARCEL 13 Storage Direct 102-280-031 PARCEL 14 Janaco, LLC 118-040-031, -032, -033 PARCEL 15 Gordon Holdings 102-290-012, -013 PARCEL 16 Diversified Products 102-290-006 PARCEL 17 EI-Corona 118-330-017 PARCEL 18 Southern California Edison Company 118-101-015 PARCEL 19 Corona Gardens Partners 118-171-018 PARCEL 20 David G. Dixon 118-171-047 PARCEL 21 U.S. Bank National Association 117-070-030 PARCEL 22 APGG, LLC 117-070-027 PARCEL 23 Redevelopment Agency of the City of Corona 117-114-012 Staff Recommends: THE COMMISSION ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS: 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 8A RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Executive Committee John Standiford, Deputy Executive Director THROUGH: Anne Mayer, Executive Director SUBJECT: Commission Officer Rotation Policy EXECUTIVE COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to amend the Administrative Code to modify the current rotation policy of Commission officers. BACKGROUND INFORMATION: In order to ensure active participation from both the city and county levels, the Commission’s Administrative Code requires the officer positions of Chair, Vice Chair, and Second Vice Chair alternate on an annual basis between a Commissioner representing a city and a county supervisor. As an example, the Commission’s current Chair is the member from of Corona, the Vice Chair is the Fifth District County Supervisor, and the Second Vice Chair is the member from Perris. Assuming a normal rotation and per the requirements of the Commission’s Administrative Code, the Vice Chairs will move up and the Second Vice Chair position must be filled by a county supervisor. To be clear, this is mandated in the Commission’s Administrative Code. As Riverside County has grown, a number of cities have incorporated with Wildomar, Menifee, Eastvale, and Jurupa Valley as the most recent examples. The incorporation of new cities has resulted in additional Commissioners on the Commission since California law specifies the Commission be comprised of a city council member from every city in the county, all five county supervisors, and a non-voting member appointed by the Governor. Given the growing number of city representatives on the Commission, Chair Karen Spiegel directed staff to consider minor changes in the Administrative Code in order to allow additional opportunities for Commissioners from cities to serve in officer positions, but to do so in a way that would not undermine or diminish the involvement and role of the Board of Supervisors. Agenda Item 8A 525 Possible Changes Staff values the input and participation from city and county perspectives and suggests the following change to meet a number of goals. Rather than requiring that city and county members alternate every year in the officer slots, an alternative would be to merely require there be at least one Supervisor and one city councilmember among the three officer positions at all times. The usual rotation of the Vice Chair to Chair and the Second Vice Chair to Vice Chair as it usually does, the only requirement would be the Commission would have to ensure that at least one of the three positions be held by a county supervisor and for another to be held by a member of a city council. The proposal would change the text in the Administrative Code to read: “The Chair, the Vice Chair, and the Second Vice Chair shall regularly alternate between regular members of the Commission representing a city and a regular member of the Commission who is a member of the Riverside County Board of Supervisors. At all times, at least one of three officer slots – Chair, Vice Chair, or Second Vice Chair – shall be held by a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular member of the Commission representing a city, either the Vice Chair or the Second Vice Chair shall be a regular member of the Commission who is a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular Commission member who is a member of the Riverside County Board of Supervisors, either the Vice Chair or the Second Vice Chair, or both shall be a regular member of the Commission representing a city in order to ensure the participation of both city and county representatives in leadership positions.” The key advantage to this amendment will be one of flexibility. The Commission will have the latitude to continue the current mandated rotation process or could elect to slightly deviate from it as long as there is some sort of representation from a county supervisor and a city member. This added flexibility could be attained without undermining the desire to ensure collaborative participation from cities and the county. Agenda Item 8A 526 Geographic Representation One long-term Commission practice has been to ensure that representatives from the Coachella Valley are provided the opportunity to serve as officers – often with some sort of rotation. Unlike the city/county rotation process, this is not spelled out in the Commission’s Administrative Code but has been followed via an informal custom. There have been a few notable examples of variations in that custom – for example Cathedral City Representative Greg Pettis was immediately followed as the Commission’s Chair by Fourth District County Supervisor John J. Benoit. It is also important to note the Measure A ordinance recognizes and formalizes a county split that ensures sales tax revenues generated in the Coachella Valley are allocated only to projects in the area. Similar rules are in place for to ensure funding of Coachella Valley from other funding sources such as the State Transportation Improvement Program (STIP) and the federal Congestion Mitigation and Air Quality (CMAQ) program. In addition, approximately three years ago, the Commission reformed its committee structure to create an Eastern Riverside County Project and Programs Committee. Although the committee has not needed to meet on a regular basis, it is an example of recognizing the importance of the Coachella Valley in shaping future projects and policies. In light of the multiple examples of ensuring Coachella Valley participation and equity, staff does not recommend a formal change in the Administrative Code to ensure a geographic rotation based on geography. As seen in Attachment 2, the Commission has a demonstrated track record of ensuring widespread participation throughout the county for officer positions. Typically, the Executive Committee has final authority for content and revisions to the Administrative Code; however, given the potential implications of this item it is being brought forward for action by the Commission. Attachments: 1)Excerpt from the Current Administrative Code Section B(5) 2)Commission Chair History Agenda Item 8A 527 Geographic Representation One long-term Commission practice has been to ensure that representatives from the Coachella Valley are provided the opportunity to serve as officers – often with some sort of rotation. Unlike the city/county rotation process, this is not spelled out in the Commission’s Administrative Code but has been followed via an informal custom. There have been a few notable examples of variations in that custom – for example Cathedral City Representative Greg Pettis was immediately followed as the Commission’s Chair by Fourth District County Supervisor John J. Benoit. It is also important to note the Measure A ordinance recognizes and formalizes a county split that ensures sales tax revenues generated in the Coachella Valley are allocated only to projects in the area. Similar rules are in place for to ensure funding of Coachella Valley from other funding sources such as the State Transportation Improvement Program (STIP) and the federal Congestion Mitigation and Air Quality (CMAQ) program. In addition, approximately three years ago, the Commission reformed its committee structure to create an Eastern Riverside County Project and Programs Committee. Although the committee has not needed to meet on a regular basis, it is an example of recognizing the importance of the Coachella Valley in shaping future projects and policies. In light of the multiple examples of ensuring Coachella Valley participation and equity, staff does not recommend a formal change in the Administrative Code to ensure a geographic rotation based on geography. As seen in Attachment 2, the Commission has a demonstrated track record of ensuring widespread participation throughout the county for officer positions. RCTC’s Administrative Code delineates that this type of item is decided and governed by the Executive Committee. The Committee approved this item unanimously however given the importance of the issue to the entire Commission, it has been directed for full Commission approval. Attachments: 1)Excerpt from the Current Administrative Code Section B(5) 2)Commission Chair History Agenda Item 8A 527 BLANK EXCERPT FROM THE COMMISSION’S ADMINISTRATIVE CODE SECTION B(5) The Chair, the Vice Chair, and the Second Vice Chair shall annually alternate between a regular member of the Commission representing a city and a regular member of the Commission who is a member of the Riverside County Board of Supervisors. During the time in which the Chair is a regular member of the Commission representing a city, the Vice Chair shall be a regular member of the Commission who is a member of the Riverside County Board of Supervisors and the Second Vice Chair shall be a regular member of the Commission representing a city. During the time in which the Chair is a regular Commission member who is a member of the Riverside County Board of Supervisors, the Vice Chair shall be a regular member of the Commission representing a city and the Second Vice Chair shall be a regular member of the Commission who is a member of the Riverside County Board of Supervisors. 528 ATTACHMENT 1 COMMISSION CHAIRS 2013 Karen Spiegel City of Corona 2012 John J. Benoit County of Riverside – District 4 2011 Greg Pettis City of Cathedral City 2010 Bob Buster County of Riverside – District 1 2009 Bob Magee City of Lake Elsinore 2008 Jeff Stone County of Riverside – District 3 2007 Terry Henderson City of La Quinta 2006 Marion Ashley County of Riverside – District 5 2005 Robin Lowe City of Hemet 2004 Roy Wilson County of Riverside – District 4 2003 Ron Roberts City of Temecula 2002 John Tavaglione County of Riverside – District 2 2001 Will Kleindienst City of Palm Springs 2000 Tom Mullen County of Riverside – District 5 1999 Jack van Haaster City of Murrieta 1998 Bob Buster County of Riverside – District 1 1997 Bob Buster County of Riverside – District 1 1996 Alex Clifford City of Riverside 1995 Alex Clifford City of Riverside 1994 Corky Larson County of Riverside – District 4 1993 Al Lopez City of Corona 1992 Al Lopez City of Corona 1991 Kay Ceniceros County of Riverside – District 3 1990 Kay Ceniceros County of Riverside – District 3 1989 Jack Clarke City of Riverside 1988 Don Baskett City of Hemet 1987 Melba Dunlap County of Riverside – District 2 1986 Jean Mansfield City of Riverside 1985 Susan Cornelison Public Member 529 ATTACHMENT 2 1984 Susan Cornelison Public Member 1983 Roy Wilson City of Palm Desert 1982 Norton Younglove County of Riverside – District 5 1981 Jean Mansfield City of Riverside 1980 Donald Schroeder County of Riverside – District 2 1979 Donald Schroeder County of Riverside – District 2 1978 Russell Beirich City of Palm Springs 1977 Russell Beirich City of Palm Springs 530 AGENDA ITEM 8B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement for On-Call Strategic Partnership Advisor Services with Parsons Brinckerhoff, Inc. WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 06-66-027-22, Amendment No. 11 to Agreement No. 06-66-027-00, with Parsons Brinckerhoff, Inc. (PB) for on-call strategic partnership advisor services to continue providing services for the proposed State Route 91 and Interstate 15 corridor improvement projects by extending the contract term of performance to June 30, 2017, and augmenting Agreement No. 06-66-027-00 by $1.5 million; 2) Authorize the Executive Director, or designee, to execute task orders under the terms of this agreement; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: In March 2006, the Commission entered into an agreement with PB Consult, Inc. (now Parsons Brinckerhoff, Inc.) for the purpose of providing strategic partnership advisor services for innovative project financing and evaluation of potential toll road corridors in Riverside County. Since 2006, the agreement has been amended several times. The current Commission authorized total is $3,405,524. Numerous task orders for defined scope and cost have been negotiated and completed that resulted in drawing down on the authorized amount. Currently there is approximately $147,000 of uncommitted authorization remaining for future use as contingency funds for this contract. Project approval and environmental document work phase for the SR-91 Corridor Improvement Project (SR-91 CIP) was completed in 2012. The design-build contract was approved at the May 8, 2013 Commission meeting. As the SR-91 CIP continues to progress, additional use of the on-call strategic partnership agreement will be needed. Specifically, PB advisory services will be needed for: 1) SR-91 CIP toll system integration and implementation coordination; and Agenda Item 8B 531 2) 91/241 direct connector project coordination. Staff negotiated a scope and cost of $1,164,563 and $31,162 for these two task orders, respectively, as detailed in Attachment 2, for a total of $1,195,725. The services for the first task relate to coordination with the design- builder for the SR-91 CIP toll system infrastructure and review of the toll system design, testing, installation, and start-up. The services for the second task relate to participation in meetings and review of 91/241 project-related documents. Both of these tasks were originally contemplated as being provided by Commission staff or Bechtel project management; however, it was determined that PB could best augment Commission staffing needs. The I-15 Corridor Improvement Project (I-15 CIP) consisting of tolled express lanes is continuing with the preliminary project development stages and scheduled to come back to the Commission in the next six months for a project update. Staff estimated future I-15 CIP advisory services to support the I-15 CIP development for the term of this agreement at approximately $305,000. As I-15 CIP advisory services from PB are needed, scope and cost will be negotiated and controlled through task orders from the Commission-authorized agreement amount. Task order type contracts do not guarantee work; therefore, no funds are guaranteed to PB. Services will be provided through the Commission’s issuance of negotiated contract task orders to the consultant on an as needed basis. Staff oversight of the contract will maximize the effectiveness of the consultant and minimize the costs to the Commission. Staff recommends an amendment to the PB agreement for strategic partnership advisor services in the amount of $1.5 million for SR-91 CIP and I-15 CIP services and an extension of the agreement through June 30, 2017. The SR-91 CIP and I-15 CIP advisory services related to this agreement amendment will be funded with debt proceeds and 2009 Measure A Western County highway funds, except for the 91/241 direct connector project coordination which will be funded with Local Transportation Fund planning funds. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15+ Amount: $ 150,000 $1,350,000 Source of Funds: Debt proceeds, 2009 Measure A Highway, and Local Transportation Fund funds Budget Adjustment: No N/A GLA No.: 003028 65302 262 31 65302 $ 1,164,563 003027 65302 262 31 65302 304,275 106 66 65302 31,162 Fiscal Procedures Approved: Date: 9/17/2013 Attachments: 1) Draft Amendment No. 11 to Agreement No. 06-66-027-22 2) Task Order for 1) SR-91 CIP Toll System Integration and Implementation Coordination and 2) 91/241 Direct Connector Project Coordination Agenda Item 8B 532 Agreement No. 06-66-027-22 AMENDMENT NO. 11 TO AGREEMENT FOR STRATEGIC PARTNERSHIP ADVISORY SERVICES WITH PARSONS BRINCKERHOFF, INC. 1.PARTIES AND DATE This Amendment No. 11 to the Agreement for strategic partnership advisory services is made and entered into as of this ______ day of ___________, 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and PARSONS BRINCKERHOFF, INC. ("Consultant"). 2.RECITALS 2.1 The Commission and the Consultant have entered into an agreement dated March 24, 2006 for the purpose of providing strategic partnership advisory services (the "Master Agreement"). 2.2 The Commission and the Consultant have entered into Amendment No. 1 to the Master Agreement, dated July 11, 2006, for the purpose of providing additional compensation for ongoing strategic partnership advisory services. 2.3 The Commission and the Consultant have entered into Amendment No. 2 to the Master Agreement, dated November 8, 2006, for the purpose of providing additional compensation for ongoing strategic partnership advisory services. 2.4 The Commission and the Consultant have entered into Amendment No. 3 to the Master Agreement, dated March 22, 2007, for the purpose of providing additional compensation for ongoing strategic partnership advisory services. 2.5 The Commission and the Consultant have entered into Amendment No. 4 to the Master Agreement, dated July 1, 2007, for the purpose of changing the billing rates being utilized by Consultant. 2.6 The Commission and the Consultant have entered into Amendment No. 5 to the Master Agreement, dated February 9, 2008, for the purpose of extending the term of and to provide additional compensation for the continued provision of strategic partnership advisory services. ATTACHMENT 1 533 2.7 The Commission and the Consultant have entered into Amendment No. 6 to the Master Agreement, dated July 10, 2008, for the purpose of permit the San Bernardino Associated Governments to engage the services of the Consultant under similar terms and conditions provided to the Commission under the Master Agreement. 2.8 The Commission and Consultant have entered into Amendment No. 7 to the Master Agreement to effectuate an assignment of the Master Agreement by the Consultant to a successor entity. 2.9 The Commission and the Consultant have entered into Amendment No. 8 to the Master Agreement, dated January 14, 2009, to provide additional compensation for the continued provision of strategic partnership advisory services. 2.10 The Commission and the Consultant have entered into Amendment No. 9 to the Master Agreement, dated April 29, 2010, to provide additional compensation for the continued provision of strategic partnership advisory services. 2.11 The Commission and the Consultant have entered into Amendment No. 10 to the Master Agreement, dated February 9, 2012, for the purpose of extending the term for the continued provision of strategic partnership advisory services. 2.12 The parties now desire to amend the Master Agreement for the purpose of extending the terms of and to provide additional compensation for the continued provision of strategic partnership advisory services. 3. TERMS 3.1 The term of the Master Agreement shall be extended for an additional term (the “Third Extended Term”) beginning February 9, 2014 and ending June 30, 2017, unless earlier terminated as provided in the Master Agreement. 3.2 The maximum compensation under the Master Agreement is hereby increased by One Million, Five Hundred Thousand Dollars ($1,500,000). 3.3 Consultant shall continue to provide the Services, on a Task Order basis, as directed by the Commission. 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, as heretofore amended by Amendments No. 1 through No. 10, 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. 534 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY PARSONS BRINCKERHOFF, INC. TRANSPORTATION COMMISSION By: _____________________________ ___________________________ Karen S. Spiegel, Chair Signature ___________________________ Name ___________________________ Title APPROVED AS TO FORM: By: _____________________________ Best, Best & Krieger LLP General Counsel 535 ATTACHMENT 2 536 537 538 539 AGENDA ITEM 8C BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: City of Moreno Valley Reprogramming Request WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the request by the city of Moreno Valley (Moreno Valley) to reprogram Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program savings in the amount of $1.6 million from Perris Boulevard widening project from Cactus Avenue to Perris Valley Storm Drain (PVSD) Lateral “B” to the Perris Boulevard widening project from Ironwood Avenue to Manzanita Avenue; 2) Approve Agreement No. 06-72-041-02, Amendment No. 2 to Agreement No. 06-72-041-00, with Moreno Valley to add TUMF in the amount of $1.6 million for construction funding; 3) Approve Agreement No. 12-72-059-01, Amendment No. 1 to Agreement No. 12-72-059-00, with Moreno Valley to reduce construction funding by $1.6 million as a result of project savings; and 4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: Moreno Valley is requesting reprogramming of $1.6 million in TUMF Regional Arterial funds from the Perris Boulevard widening project from Cactus Avenue to PVSD Lateral “B” to the Perris Boulevard widening project from Ironwood Avenue to Manzanita Avenue. This request to reprogram TUMF funding from one eligible TUMF project to another is consistent with the Commission’s administrative amendment policy. Moreno Valley is also requesting $3 million in TUMF Regional Arterial funding; however, due to the low TUMF balance all new programming requests are being delayed until early 2014. Moreno Valley’s request is consistent with prior direction regarding requests for construction funds as a means of generating jobs. Staff supports Moreno Valley’s reprogramming request. Agenda Item 8C 540 Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $1,600,000 Source of Funds: TUMF Regional Arterial Program Budget Adjustment: No GL/Project Accounting No.: 005105 81301 210 72 81301 Fiscal Procedures Approved: Date: 09/16/2013 Agenda Item 8C 541 AGENDA ITEM 8D BLANK RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Awards for Construction Freeway Service Patrol Tow Truck Service During the Construction of the State Route 91 Corridor Improvement Project WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 14-45-009-00 to Steve’s Towing (Steve’s) for construction Freeway Service Patrol (Construction FSP) tow truck services on State Route 91 Corridor Improvement Project (SR-91 CIP) Beat No. 1 for a three-year term, in an amount not to exceed $2,220,000; and 2) Award Agreement No. 14-45-028-00 to Steve’s for Construction FSP tow truck services on SR-91 CIP Beat No. 2 for a three-year term, in an amount not to exceed $1,480,000; 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, acting in its capacity as the Service Authority for Freeway Emergencies (SAFE), is the principal agency in Riverside County, in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program. The purpose of the FSP program is to provide a continuously roving tow service patrol along designated freeway segments, referred to as beats, to relieve freeway congestion and facilitate the rapid removal of disabled vehicles and those involved in minor accidents on local freeways. Contracts to provide FSP tow service are competitively bid as needed for each beat. Currently, the Commission contracts with four tow truck operators to provide regular FSP service on a total of nine beats Monday through Friday during the peak commute hours, 5:30 a.m. to 8:30 a.m. and 3:00 p.m. (1:00 p.m. on Fridays) to 7:00 p.m. Agenda Item 8D 542 In addition to normal FSP service hours, FSP is also used to provide support for construction projects (Construction FSP) as a transportation mitigation strategy in a project’s Transportation Management Plan (TMP). Hours of service for Construction FSP will vary with the project needs – periodic night-time work, freeway closures, limited ramp closures, elimination of the freeway shoulders, and traffic flow. DISCUSSION: Construction FSP is a major element of the TMP for the SR-91 CIP. During construction of the SR-91 CIP, shoulders will be inaccessible; therefore, quickly addressing vehicle breakdowns and accidents will be critical to maintaining traffic flow and motorist safety. Referencing the TMP as a guideline, staff met with the project and construction manager and the CHP to determine the beat parameters and appropriate hours of operation to support this project. Construction FSP service supporting the SR-91 CIP, awarded as part of this recommendation, will operate during various hours outside of the aforementioned regular FSP hours of operation. Construction FSP will involve mid-day service, extended evening service, weekend and holiday service, and some full 24-hour service periods. SR-91 CIP Beat No. 1 will operate from the Orange County line to Lincoln Avenue with three tow trucks. SR-91 CIP Beat No. 2 will operate from Lincoln Avenue to Magnolia Avenue with two trucks. These beat configurations for Construction FSP mirror the regular peak hour service and provide the optimal service levels for this project. Therefore, staff sought a competitive solution to award tow service contracts to qualified firms for Beat Nos. 1 and 2 on the SR-91. Procurement Process This procurement was conducted in accordance with established Commission procurement policies and procedures. Staff determined the competitively negotiated procurement method was appropriate for these services. Minimum qualifications required of each potential proposer were established and staff developed a weighted evaluation criterion, including price, to select qualified tow services contractors for SR-91 CIP Beat Nos. 1 and 2. Non-price elements of the evaluation criteria included experience, the relative qualifications of the firms, proposed work plan, and the proposer’s ability to respond to the requirements set forth under the terms of the request for proposals (RFP). RFP No. 14-45-009-00 was released and advertised by the Commission on July 29, 2013. A pre-proposal conference was conducted by the Commission on August 8, and was attended by four firms. Staff responded to all questions submitted by potential proposers prior to the August 20 proposal deadline. One responsive and responsible firm, Steve’s submitted a proposal in response to the RFP for services on SR-91 CIP Beat No. 1. Two responsive and responsible firms – Patriot Towing (Patriot) and Steve’s – submitted proposals in response to the RFP for services on SR-91 CIP Beat No. 2. Agenda Item 8D 543 Since staff received one proposal for the SR-91 CIP Beat 1, it reviewed the solicitation specifications for undue restrictiveness and surveyed potential sources that chose not to submit a proposal. Reasons for not submitting a proposal included staffing/resource issues, the significant distance between the beat and the yard, inability to offer competitive pricing, and inability to procure alternative fuel trucks in time for the start of services. In addition, a representative from Pepe’s Towing (Pepe’s) indicated he was not aware of the RFP. However, the regular Pepe’s representative, who was not available during the survey period, was present at a FSP Technical Advisory Council meeting when staff announced the Commission’s upcoming procurement for SR-91 CIP Construction FSP services. Staff also mailed Pepe’s a procurement advertisement postcard, which was not returned. Pepe’s currently provides FSP service on several of the Commission’s beats. Staff concluded that the requirements listed in the scope of work and other terms and conditions were not unnecessarily or excessively restrictive, an adequate opportunity to compete was provided, and factors other than the solicitation were responsible for the receipt of one proposal for SR-91 CIP Beat No. 1. An evaluation committee comprised of representatives from the CHP Inland Division, San Bernardino Associated Governments (SANBAG), and Commission staff evaluated each proposal in accordance with the evaluation criteria set forth in the RFP. The Committee performed site visits, interviewed the proposing firms, and provided final scoring based on a comprehensive evaluation of each firm’s written proposal and interview. SR-91 CIP Beat No. 1 Steve’s is the only firm that submitted a responsive and responsible proposal in response to the RFP for services on SR-91 CIP Beat No. 1. The proposal was scored by the evaluation committee based upon the criteria set forth in the RFP. Steve’s proposed hourly rate for tow services is $54.55. Based on the overall score according to the evaluation criteria listed in the RFP, the evaluation committee recommends Steve’s for award of SR-91 CIP Beat No. 1. Steve’s currently provides service to multiple SANBAG FSP beats. Steve’s has performed satisfactorily and has a good working relationship with staff. SR-91 CIP Beat No. 2 Proposals submitted in response to SR-91 CIP Beat No. 2 were scored by the evaluation committee based upon the criteria set forth in the RFP. The two firms submitted hourly rates for tow services that ranged from a low of $54.55 per hour to a high of $58.22 per hour. The all-inclusive hourly service rate for this beat, as well as SR-91 CIP Beat No. 1, includes all direct costs (e.g., fuel, labor, equipment), indirect costs (e.g., fringe benefits, overhead), and profit to provide the subject services. Agenda Item 8D 544 The overall rankings, inclusive of pricing, listed from highest to lowest total evaluation score for SR-91 CIP Beat No. 2 are as follows: Firm Hourly Rate Overall Ranking Steve’s $54.55 1st Patriot $58.22 2nd Based on the overall score according to the evaluation criteria listed in the RFP, the evaluation committee recommends Steve’s for award of SR-91 CIP Beat No. 2. Conclusion Staff is recommending Steve’s for award of both SR-91 CIP Beat Nos. 1 and 2 based on the evaluation process discussed. The proposed all-inclusive hourly rate of $54.55 by Steve’s for Beat Nos. 1 and 2 is considered fair and reasonable based upon adequate price competition under the RFP process and the historical cost experience of the Commission for comparable services. Staff recommends the award of Agreement No. 14-45-009-00 to Steve’s for Construction FSP tow truck services on SR-91 CIP Beat No. 1 in an amount not to exceed $2,220,000 and Agreement No. 14-45-028-00 to Steve’s for Construction FSP tow truck services on SR-91 CIP Beat No. 2 in an amount not to exceed $1,480,000. Funds for regular FSP operations (State FSP funds and local SAFE funds) will not be applied to this Construction FSP service. The SR-91 CIP Construction FSP service will be reimbursed by the SR-91 CIP design-build contractor, in accordance with a memorandum of understanding between the Commission and the design- build contractor that is anticipated to be presented at the October Committee meeting. The design-build contract price includes an amount for construction tow truck services. The Commission’s standard form FSP services agreement will be entered into for each beat subject to any changes pursuant to legal counsel review. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15+ Amount: $ 616,000 $ 3,084,000 Source of Funds: Design-build contractor reimbursements Budget Adjustment: No N/A GL/Project Accounting No.: 002173 81014 00000 0110 201 45 81002 Fiscal Procedures Approved: Date: 09/16/2013 Attachment: Standard Form FSP Services Agreement Agenda Item 8D 545 SAMPLE CONTRACT FORM Agreement No. 14-45-009-00 RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES AGREEMENT FOR THE SR-91 CORRIDOR IMPROVEMENT PROJECT CONSTRUCTION FREEWAY SERVICE PATROL SERVICES WITH [NAME OF CONTRACTOR] 1.PARTIES AND DATE. 1.1 This Agreement is made and entered into as of _____day of _________, 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (“SAFE”) and [NAME OF FIRM], a [LEGAL STATUS OF CONTRACTOR e.g., CORPORATION] (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are sometimes individually referred to herein as “Party” and collectively as “Parties”. 1.2 The California Highway Patrol herein referred to as “CHP” and California Department of Transportation, herein referred to as “Caltrans” are hereby expressly designated as third-party beneficiaries of CONTRACTOR’s performance under this Contract. 2.RECITALS. 2.1 WHEREAS, RCTC is a California County Transportation Commission existing under the authority of Section 130050 et seq. of the California Public Utilities Code; 2.2 WHEREAS, RCTC is authorized, pursuant to Section 2550 et seq. of the California Streets and Highways Code, to act as SAFE for purposes of providing a motorist aid system, including provision of freeway service patrols; 2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide the freeway service patrol professional services as described in the Scope of Services; 2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified to perform the required services; 2.5 WHEREAS, the CONTRACTOR is able and willing to perform the required services under the terms and conditions of this Contract; 2.6 WHEREAS, RCTC is the short range transportation planning agency for Riverside County, and programs federal, state, and local funds. RCTC has entered into a Memorandum of Understanding with Caltrans and 43 ATTACHMENT 1 546 CHP to fund peak period freeway service patrols on selected freeway segments in Riverside County; and 2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically authorized CHP to be responsible for freeway service patrols stopping on freeways for the purpose of rapid removal of impediments to traffic. Article 3, Section 91, of the Streets and Highways Code, states that Caltrans has responsibility to improve and maintain the state highways. Caltrans also has the responsibility for traffic management and removing impediments from the highways. NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR agree as follows: 3. TERMS. 3.1 General Scope of Services. 3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the Services. Both agencies will have responsibility for overseeing Service performance and ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for dispatch services to incident locations within the CONTRACTOR’s patrol limits. The dispatching will be done in accordance with this Contract. A Standard Operating Procedures (“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which his/her operators may be dispatched. 3.1.2 Beat Descriptions. The Freeway Service Patrol (“FSP”) will operate on selected freeway segments referred to herein as “beats”. Each beat has specific turnaround locations and designated drop locations identified by the CHP. Exhibit “A-1” shows the specific limits, number of tow trucks, number of back-up trucks and hours of operation and Exhibit “A-2” details the fiscal years 2014, 2015, 2016 and 2017 holidays for the CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of such addition or deletion. Travel time to and from the beat will be at the expense of the CONTRACTOR. At any time during the term of this Contract, SAFE reserves the right to adjust beat specifications to better accommodate demand for the Services. These changes can occur during the course of this Contract through written change orders. If warranted and during the hours of operation of the Services, the CONTRACTOR may be requested to temporarily reassign his/her FSP operators/trucks to locations outside the assigned beat. 3.1.3 Description of Services. CONTRACTOR shall be responsible for those services set forth in this Section 3.1.3, hereinafter referred to as “Services.” The purpose of the FSP program is to provide for the rapid removal of disabled vehicles and vehicles involved in minor accidents from the freeway. Where conditions permit, safe removal 44 547 of small debris will be required. CONTRACTOR vehicles shall be exclusively dedicated to the Services during the hours of operation. All vehicle maintenance activities shall be conducted during non-Services hours. When conducting the Services on an FSP shift, the CONTRACTOR’s vehicle shall display all FSP markings and the vehicle operator shall wear an FSP uniform, as detailed in Exhibit “A-3”. The CONTRACTOR's vehicle operators shall assist motorists involved in minor accidents and those with disabled vehicles. They shall be responsible for clearing the freeway of automobiles, small trucks and small debris. When and where conditions warrant, service may be executed on the freeway shoulders. Where conditions do not warrant, vehicle operators will remove the vehicles from the freeway to provide service. The FSP vehicles shall continuously patrol their assigned beat, respond to CHP dispatches for Services, use the designated turnaround locations and use the CHP identified designated drop locations. All FSP services shall be provided at no cost to the motorist. FSP vehicle operators shall not be accept gratuities, perform secondary towing services, recommend secondary tows, or recommend repair/body shop businesses. FSP vehicle operators may be required to change flat tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily tape cooling system hoses and refill radiators. Vehicle operators may spend a maximum of ten (10) minutes per disablement in attempting to mobilize a vehicle. If a vehicle cannot be mobilized within the ten (10) minute time limit, it shall be towed to a designated drop location identified by the CHP. The motorist can request the FSP vehicle operator to call the CHP Communications center to request a CHP rotational tow or other services. FSP operators shall not be allowed to tow as an independent contractor from an incident that occurred during the FSP shift unless called as a rotation tow by CHP. If called as a rotation tow after a FSP shift, the vehicle operator must remove all FSP markings and change his/her FSP uniform. There may be some instances where FSP operators may be requested to provide assistance to CHP officers. FSP operators shall follow the instructions of the CHP officer at the scene of any incident within the scope of the FSP program. 3.1.4. The SOP Manual. To promote a safe work environment and for the maintenance of professionalism, the most current version of the SOP manual shall, at all times, be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as such manual may from time to time be amended, is incorporated into this Contract by reference. CONTRACTOR shall be notified and provided with a copy of any changes to the SOP manual. Drivers found not to be in compliance with FSP procedures, as set forth in the SOP manual or this Contract, may be suspended or terminated from the FSP program and the CONTRACTOR may be fined three (3) times the hourly Contract rate in one (1) minute increments until a replacement vehicle is provided (Driver and Truck must return to beat compliant with all FSP requirements), or fined for the entire shift at three (3) times the hourly rate at the discretion of the FSP Field Supervisors. 45 548 3.1.5 Check In. Upon arrival at the location for each instruction to provide Services, and upon completion of each such request, CONTRACTOR shall check in with the CHP field supervisor using the radio provided by SAFE as set forth in Section 3.2, entitled “Equipment Requirements”. 3.2 Equipment Requirements. CONTRACTOR shall comply with all equipment requirements outlined in RFP No. FSP 14-45-009-00. Notwithstanding any other provision contained in the RFP, radio and AVL equipment shall be supplied by SAFE and installed (mounted) in all CONTRACTOR vehicles by SAFE’s installation vendor, and shall remain mounted in all CONTRACTOR vehicles at all times. 3.3 Commencement of Services. The CONTRACTOR shall commence work upon receipt of a written Notice to Proceed from SAFE. 3.4 Term. The term of this Contract shall be from January 1, 2014 (“Effective Date”) through December 31, 2016 unless earlier terminated as provided herein. SAFE, at its sole discretion, may renew this Contract for a total of two (2) separate one year terms, based on the option-year rates. SAFE shall also have the right to renew this Contract from one month up to a one year term after the initial term by providing notice as provided below. SAFE must provide written notice to CONTRACTOR no less than ninety (90) days prior to the end of the applicable term, indicating its renewal of the Contract. CONTRACTOR shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. If SAFE, at its sole discretion, renews this Contract for one or both of the additional separate one year terms as provided, the option-year rates shall be as follows: SCHEDULE OF HOURLY RATES Classification Option Year 1 Hourly Rate Option Year 2 Hourly Rate Contract $_X per hour $_ X per hour 3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive Director or his or her designee, to act as its Representative for the performance of this Contract ("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on behalf of SAFE for all purposes under this Contract. SAFE's Representative shall also review and give approval, as needed, to the details of CONTRACTOR's work as it progresses. CONTRACTOR shall not accept direction or orders from any person other than the SAFE’s Representative or his or her designee. 3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates [INSERT NAME, TITLE], to act as its representative for the performance of this Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall have full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill 46 549 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 Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative and any other agencies which may have jurisdiction over or an interest in the Services. CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times. Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's Representative. 3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE that certain key personnel will perform and coordinate the Services under this Contract. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval by SAFE’s Representative. In the event that SAFE’s Representative and CONTRACTOR cannot agree as to the substitution of the key personnel, SAFE shall be entitled to terminate this Contract for cause, pursuant to the provisions of Section 3.15. The key personnel for performance of this Contract are: [LIST NAMES AND TITLES]. 3.7.1 Availability of FSP Manager. Except in the case of unpreventable circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least 50% of each Work Day to address time sensitive issues related to this Contract or the Services, including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and Caltrans requests; driver matters; and truck maintenance issues. CONTRACTOR shall, within 24 hours, notify SAFE of each circumstance causing the FSP Manager not to be available as required herein. As used in this section, the term “Work Day” shall mean and refer to any day that FSP service is provided, during those hours of operation for Construction FSP as identified on the attached Exhibit “A-1”. 3.8 Review of Work and Deliverables. All reports, working papers, and similar work products prepared for submission in the course of providing Services under this Contract may be required to be submitted to SAFE's Representative in draft form, and SAFE’s Representative may require revisions of such drafts prior to formal submission and approval. In the event that SAFE's Representative, in his or her sole discretion, determines the formally submitted work product to be inadequate, SAFE's Representative may require CONTRACTOR to revise and resubmit the work at no cost to SAFE. Upon determination by SAFE that CONTRACTOR has satisfactorily completed the Services required under this Contract and within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a written Notice of Final Completion. Upon receipt of such notice, CONTRACTOR shall incur no further costs hereunder, unless otherwise specified in the Notice of Completion. CONTRACTOR may request issuance of a Notice of Final Completion when, in its opinion, it has satisfactorily completed all Services required under the provisions of this Contract. 3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR shall render assistance at public hearings or other meetings related to the performance of the Services. 47 550 3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Contract. CONTRACTOR 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. CONTRACTOR warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. CONTRACTOR further represents and warrants to SAFE that its employees and subcontractors have all licenses, permits, qualifications (including medical certification) 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 Contract. CONTRACTOR shall perform, at its own cost and expense and without reimbursement from SAFE, any services necessary to correct errors or omissions which are caused by the CONTRACTOR’s failure to comply with the standard of care provided for herein, and shall be fully responsible to SAFE for all damages and other liabilities provided for in the indemnification provisions of this Contract arising from the CONTRACTOR’s errors and omissions. Any employee of CONTRACTOR or its subcontractors who is determined by SAFE to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, 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 SAFE, shall be promptly removed from performing the Services by the CONTRACTOR and shall not be re-employed to perform any of the Services. 3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity to cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during performance of the Services. Should CONTRACTOR fail to make such correction in a timely manner, such correction may be made by SAFE, and the cost thereof charged to CONTRACTOR. 3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative to inspect or review CONTRACTOR's performance of Services in progress at any time. SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull Notice Program. 3.13 Laws and Regulations. CONTRACTOR 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 Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be solely liable for all violations of such laws and regulations in connection with Services. If the CONTRACTOR performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to SAFE, CONTRACTOR shall be solely responsible for all costs arising therefrom. CONTRACTOR shall defend, indemnify and hold SAFE, their officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 48 551 3.14 Damage Complaints. Upon receiving a damage complaint from a motorist assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by telephone within twenty-four (24) hours of receiving the damage complaint notification. If necessary, the CONTRACTOR shall send either his or her authorized representative or his or her insurance company representative to inspect the vehicle and complete an incident report within forty-eight (48) hours after receiving the damage complaint. If the investigation shows that damage to the vehicle could have been caused by the CONTRACTOR, the CONTRACTOR shall negotiate in good faith to try and resolve the issue and shall report to the CHP the result of the negotiations. All complaints shall be resolved within a reasonable period of time after being received. 3.14.1 Complaint Review Committee. The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans. Voting members of the FSP TAC are hereby designated as the members of the Damage Complaint Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not resolved within a reasonable time frame, it can recommend that payment to the CONTRACTOR in the amount of the damage claim may be deducted from the CONTRACTOR’s monthly invoice. 3.15 Termination. 3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR, terminate this Contract, in whole or in part, including, without limitation, the geographical territory covered by this Contract, at any time by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof (“Notice of Termination”). Such termination may be for SAFE’s convenience or because of CONTRACTOR's failure to perform its duties and obligations under this Contract, including, but not limited to, the failure of CONTRACTOR to timely perform Services pursuant to the Scope of Services described in Section 3, entitled “Terms,” as well as Section 7 of the RFP. CONTRACTOR may not terminate this Contract except for cause. 3.15.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice of Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as may have been prepared or accumulated by CONTRACTOR in performance of the Services, whether completed or in progress. 3.15.3 Effect of Termination For Convenience. If the termination is to be for the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and adequately provided through the effective date of termination as provided in the Notice of Termination. Such payment shall include a pro-rated amount of profit, if applicable, up through such effective date, but no amount shall be paid for anticipated profit on unperformed Services past such effective date. CONTRACTOR shall provide documentation deemed 49 552 adequate by SAFE's Representative to show the Services actually completed by CONTRACTOR prior to the effective date of termination. This Contract shall terminate on the effective date of the Notice of Termination. 3.15.4 Effect of Termination for Cause. If the termination is for cause, CONTRACTOR shall be compensated for those Services which have been fully and adequately completed and accepted by SAFE as of the effective date of termination as provided in the Notice of Termination. In such case, SAFE may take over the work and prosecute the same to completion by contract or otherwise. Further, CONTRACTOR shall be liable to SAFE for any reasonable additional costs or damages incurred to revise work for which SAFE has compensated CONTRACTOR under this Contract, but which SAFE has determined in its sole discretion needs to be revised, in part or whole. Termination of this Contract for cause may be considered by SAFE in determining whether to enter into future contracts with CONTRACTOR. 3.15.5 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 Contract. 3.15.6 Procurement of Similar Services. In the event this Contract is terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.15.7 Waivers. CONTRACTOR, in executing this Contract, shall be deemed to have waived any and all claims for damages which may otherwise arise from SAFE's termination of this Contract, for convenience or cause, as provided in this Section. 3.15.8 Authorization to Terminate. The Executive Director of SAFE shall have the full authority and discretion to exercise SAFE’s rights under this Section 3.15, entitled “Termination”. 3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated management-level representative, to all trend meetings (i.e. required FSP TAC meeting which meets every other month). These trend meetings will encompass focused and informal discussions concerning, but not limited to: scope, Services, schedule, current progress of Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for having a representative attend all meetings (i.e. FSP TAC meetings) that has the ability to make management-level decisions on the behalf of the CONTRACTOR. If the CONTRACTOR cannot have a management-level representative at a meeting, CONTRACTOR shall notify SAFE and CHP prior to the meeting. Management-level attendance at these meetings shall be considered part of the CONTRACTOR’s contractual responsibility. Meetings are scheduled, and CONTRACTOR will be notified of such schedule, no later than three (3) working days prior to the meeting. 50 553 3.17 Fees and Payment. 3.17.1 Amount to be Paid. Subject to the provisions set forth below for Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a Time and Materials basis a ceiling price NOT TO EXCEED _______________ DOLLARS ($__________). 3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be obligated to pay costs which exceed the ceiling price set forth above, except as provided in Sections 3.15 and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the services and all obligations under this Contract within such ceiling price. 3.17.3 Hourly Rate. For its performance of the Services, the CONTRACTOR shall be paid for labor expended directly in the performance of the Services at the rates specified below. The CONTRACTOR shall not be entitled to reimbursements for any expenses unless approved in advance in writing. SCHEDULE OF HOURLY RATES Classification Hourly Rate Contract – tow truck operators $ Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP Standard Operating Procedures (SOP). 3.17.4 Payment Coverage. The compensation herein above specified will cover and include all applicable labor surcharges such as taxes, insurance and fringe benefits, as well as indirect costs, overhead, general and administrative expense, and profit. 3.17.5 Cost Principles. A) CONTRACTOR agrees to comply with 2 CFR, Part 225, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B) CONTRACTOR agrees that 1) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C) Any costs for which CONTRACTOR has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 225, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CONTRACTOR to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE 51 554 within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, SAFE is authorized to intercept and withhold future payments due CONTRACTOR from SAFE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. 3.17.6 Fines. Fines for starting late; leaving early; taking more than 15- minutes worth of breaks per 3-hour shift; or being ordered out of service by a CHP or Caltrans supervisor for Contract infractions shall be deducted from the CONTRACTOR’s monthly invoice at three (3) times the hourly rate. 3.17.7 Accounting System. CONTRACTOR and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item for the Services. The accounting system of CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. 3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be submitted monthly on forms approved by SAFE. Invoices will be routinely verified by CHP. To ensure prompt payment, most billing disputes may be resolved within ten (10) working days of written notice of dispute. However, at SAFE’s discretion, reconciliation of disputed fines that sum to less than 2% of the months’ Invoice may be corrected on the next month’s Invoice to ensure prompt payment of the major portion of the invoice. Each Invoice shall include a cover sheet bearing a certification as to the accuracy of the statement signed by the CONTRACTOR’s authorized officer. 3.17.8.1 Monthly Progress Reports. As part of its Invoice, CONTRACTOR shall submit a Monthly Progress Report, in a form determined by SAFE, which will cover the Invoice period and include spreadsheets showing hours expended for each day of the month per vehicle per beat, and the total for the term of the Contract to date. Submission of such Monthly Progress Report by CONTRACTOR shall be a condition precedent to receipt of payment from SAFE for each monthly Invoice submitted. 3.17.8.2 Payment Schedule. Invoice periods shall be based upon a calendar month, beginning with the first day of the month. SAFE shall reimburse CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of receiving the current period invoice with no errors. If the Invoice is completed incorrectly by the CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to CONTRACTOR under this Contract within thirty (30) days after receipt of the invoice, CONTRACTOR may give SAFE a notice of failure to pay which shall set forth the invoice(s) and amount(s) which CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay any undisputed invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure to pay. 3.17.9 Right to Audit. For the purpose of determining compliance with this Contract and other matters connected with the performance of CONTRACTOR’s 52 555 contracts with third parties, CONTRACTOR and its subcontractors shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to CONTRACTOR. SAFE, the State of California acting through the Department of Transportation or its duly authorized representative, the California State Auditor, or the United States Department of Transportation shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and CONTRACTOR shall furnish copies thereof if requested. 3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes, if any, attributable to the provision of the Services. 3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then CONTRACTOR is responsible for the cost difference and any overpayments shall be reimbursed to SAFE on demand. 3.17.12 Employment Adverse to the Commission. CONTRACTOR shall notify SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against SAFE during the term of this Contract. 3.17.13 Extra Work. At any time during the term of this Contract, SAFE may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which is determined by SAFE to be necessary for proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this Contract and was not included in the Scope of Services. Extra Work, if any, shall be reimbursed at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not perform, nor be compensated for Extra Work without obtaining authorization in the form of a written Extra Work Order issued by SAFE’s Representative. For instance, Construction FSP services as it relates to construction activity can be considered Extra Work. In the event an Extra Work Order is not issued and signed by SAFE’s Representative, CONTRACTOR shall not provide such Extra Work. However, no compensation or reimbursement for Extra Work shall be paid if it is not authorized by SAFE and if the cumulative total of such Extra Work under the Contract exceeds $25,000. All Extra Work in a cumulative total in excess of $25,000 must be approved in advance by amendment to this Contract. 3.17.13.1 Extra Work Cancellation Policy. If a tow operator is scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of 53 556 the drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time the tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation rate” remains the same. Once the tow operator is on the Extra Work Beat, the cancellation policy changes. If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that Extra Work has been cancelled, the FSP operator will be paid for the entire shift period up to a maximum of eight (8) hours. A shift period for this policy is defined as: the time period of the actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever is less. The supervising FSP CHP Officer for the Extra Work shift will make the final determination as to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours, whichever is less. 3.17.14 Most Favored Customer. CONTRACTOR agrees that, throughout the term of this Contract, it shall not enter into any FSP services agreement with any government agency with whom it has either existing contractual relationship or has no contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees to charge FSP services fees less than those as indicated in this Contract for substantially the same level of FSP services contemplated by this Contract. Should SAFE establish that such lower fees have been agreed to by CONTRACTOR with another government agency, CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the difference between the fees indicated in this Contract and the fees charged to other government agency customer. 3.18 Delay in Performance. 3.18.1 Excusable Delays. Neither Party shall be considered in default in the performance of its obligations to the extent that the performance of any such obligation is prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or prevented from the timely performance of any act or Services required by the terms of the Contract by an Excusable Delay, Contractor’s schedule for completion of tasks affected by such delay may be extended as set forth in Section 3.18.2. But in every case, CONTRACTOR’s failure to perform must be reasonably beyond the control, and without the fault or negligence of the CONTRACTOR. Excusable Delays are acts of God or of the public enemy, acts or omissions of SAFE or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather. 3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall provide written notice to the SAFE within seven (7) working days from the time CONTRACTOR knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of CONTRACTOR to provide such timely 54 557 notice shall constitute a waiver by CONTRACTOR of any right to an excusable delay in time of performance. 3.18.3 Mutual Contract. Performance of any Services under this Contract may be delayed upon mutual agreement of the Parties. Upon such agreement, CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 3.19 Status of CONTRACTOR/Subcontractors. 3.19.1 Independent Contractor. The Services shall be performed by CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods and details of performing the Services subject to the requirements of this Contract. SAFE retains CONTRACTOR on an independent contractor basis and not as an employee, agent or representative of the SAFE. CONTRACTOR retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of CONTRACTOR shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. CONTRACTOR 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. 3.19.2 Assignment or Transfer. CONTRACTOR shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein, without the prior written consent of SAFE. 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. Notwithstanding the foregoing, SAFE may transfer or assign any and all of its rights and obligations under this Contract, including, without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15 hereof. 3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion of the work or Services required by this Contract, except as expressly stated herein, including the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. SAFE shall have no liability to any subconsultant(s) for payment for services under this Contract or other work performed for CONTRACTOR, and any subcontract entered into by CONTRACTOR pursuant to the conduct of services under this Contract shall duly note that the responsibility for payment for the technical services or any other work performed shall be the sole responsibility of CONTRACTOR. 3.20 CONTRACTOR will maintain an inventory of all non-expendable equipment, defined as having a useful life of at least two years and an acquisition cost of 55 558 $500 or more, paid for with funds provided pursuant to this Contract. 3.21 Ownership of Materials and Confidentiality. 3.21.1 Documents & Data; Licensing of Intellectual Property. All plans, specifications, studies, drawings, estimates, materials, data, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, spreadsheets, or data magnetically or otherwise recorded on computer diskettes, prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”), shall be made available to SAFE at all times during this Contract and shall become the property of SAFE upon the completion of the term of this Contract, except that CONTRACTOR shall have the right to retain copies of all such Documents and Data for its records. Should CONTRACTOR, either during or following termination of this Contract, desire to use any Documents and Data, it shall first obtain the written approval of SAFE. This Contract creates a no-cost, nonexclusive, and perpetual license for SAFE to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in the Documents and Data which are prepared or caused to be prepared by CONTRACTOR under this Contract (“Intellectual Property”). CONTRACTOR shall require all subcontractors to agree in writing that SAFE is granted a no-cost, nonexclusive, and perpetual license for any Intellectual Property the subcontractor prepares under this Contract. CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license any and all Intellectual Property prepared or caused to be prepared by CONTRACTOR under this Contract. SAFE shall not be limited in any way in its use of the Intellectual Property at any time, provided that any such use not within the purposes intended by this Contract shall be at SAFE's sole risk. 3.21.2 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 CONTRACTOR in connection with the performance of this Contract shall be held confidential by CONTRACTOR to the extent permitted by law, including, without limitation, the California Public Records Act, Government Code section 6250 et seq. Such materials shall not, without the prior written consent of SAFE, be used by CONTRACTOR for any purposes other than the performance of the Services as provided herein. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services, except as provided herein. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is generally known, or becomes known, to the related industry shall be deemed confidential. CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the prior written consent of SAFE. 3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE, RCTC, CHP, Caltrans and their directors, officials, officers, agents, contractors, consultants, employees, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of, or incident to, alleged 56 559 negligent acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services or this Contract, including without limitation, the payment of all consequential damages and other related costs and expenses. CONTRACTOR shall defend, at CONTRACTOR’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 SAFE, RCTC, CHP, Caltrans or their directors, officials, officers, agents, contractors, consultants, employees, and volunteers. CONTRACTOR shall pay and satisfy any judgment, award, or decree that may be rendered against SAFE, RCTC, CHP, Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers, in any such suit, action, or other legal proceeding. CONTRACTOR shall reimburse SAFE, RCTC, CHP, Caltrans and their directors, officials, officers, agents, consultants, employees, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONTRACTOR’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CONTRACTOR, SAFE, RCTC, CHP, Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers. 3.23 Insurance. 3.23.1 Time for Compliance. CONTRACTOR shall not commence work under this Contract until it has provided evidence satisfactory to SAFE that it has secured all insurance required under this section. In addition, CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.23.2 General Liability Insurance. CONTRACTOR shall procure a Commercial General Liability Insurance Policy in amounts and form set forth below: 3.23.2.1 Commercial General Liability Insurance. A policy of Commercial General Liability which provides limits of not less than: Per occurrence: $2,000,000 Project Specific Aggregate: $4,000,000 Products/Completed Operations: $1,000,000 Personal Injury Limit: $1,000,000 3.23.2.2 General Liability Policy Coverage. Any general Liability policy provided by CONTRACTOR hereunder shall include the following coverage: a. Premises and Operations b. Products/Completed Operations with limits of at least one million dollars ($1,000,000) per occurrence to be maintained for three (3) years following acceptance of the work by SAFE. c. Contractual Liability expressly including liability assumed under this Contract. d. Independent Contractor’s Liability. 57 560 If CONTRACTOR is unable to provide Commercial General Liability Insurance with the four million dollar ($4,000,000) project specific aggregate limits indicated in Section 3.22.2.1 above, or the two million dollar ($2,000,000) per occurrence limits in Section 3.22.2.2 above, CONTRACTOR shall provide an Excess or umbrella option which achieves twice the per occurrence limits. 3.23.2.3 Additional Insured Endorsement. Any general liability policy provided by CONTRACTOR hereunder shall also contain an additional insured endorsement which applies its coverage to RCTC, SAFE, CHP Caltrans and their officers, agents and employees. Any self-funded program and/or insurance policy of any of the foregoing referenced agencies shall be excess only and not contributing to such coverage. 3.23.2.4 Form of General Liability Insurance Policies. All general liability policies shall be written to apply to all bodily injuries, including death, property damage, personal injuries and other covered loss, however, occasioned, occurring during the policy term, and shall specifically insure the performance by CONTRACTOR of that part of the indemnity agreement contained in this Contract relating to liability for injury to or death of persons and damage to property per project, per location aggregate endorsement. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, SAFE may require additional coverage to be purchased by CONTRACTOR to restore the required limits. CONTRACTOR may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described above. 3.23.3 Comprehensive Automobile Liability Insurance. CONTRACTOR shall procure Comprehensive Automobile Liability Insurance written for bodily injury, including death, and property damage, however occasioned occurring during the policy term, in the amount of not less than one million dollar ($1,000,000), combined single limits per occurrence, applicable to all owned, non-owned and hired vehicles. This coverage shall include contractual liability. 3.23.4 Statutory Worker’s Compensation and Employer’s Liability Insurance. CONTRACTOR shall maintain a policy of California Worker’s Compensation coverage in statutory amount and Employer’s Liability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees of CONTRACTOR engaged in services or operations under this Contract. CONTRACTOR’s policy shall contain the following provision, or CONTRACTOR shall provide endorsements on forms approved by SAFE to add the following provision to its insurance policy: the insurer shall agree to waive all rights of subrogation against SAFE, RCTC, CHP, Caltrans and the members of their Board of Directors and their officers, agents, employees and volunteers. Coverage shall include the following endorsements: 3.23.4.1 Broad Form All – States endorsement. 58 561 3.23.5 On-Hook Insurance. CONTRACTOR shall maintain a policy of On-Hook Towing Insurance to include the care, custody or control exposure present while vehicles are being serviced roadside, on-hook, or in a storage yard for not less than one hundred thousand dollars ($100,000). 3.23.6 Subcontractor’s Insurance. CONTRACTOR shall make certain that any and all subcontractors hired by the CONTRACTOR are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold SAFE, RCTC, CHP and Caltrans harmless of and from any damages, loss or cost or expense pursuant to Section 3.21, Indemnification, incurred by any of them as a result thereof. 3.23.7 General Provisions. 3.23.7.1 Evidence of Insurance. CONTRACTOR shall, as soon as practicable following the placement of insurance required hereunder, but in no event later that the effective date of this Contract, deliver to SAFE certificates of insurance evidencing the same, together with appropriate separate endorsements thereto, evidencing that CONTRACTOR has obtained such coverage for the period of this Contract. CONTRACTOR shall deliver certified copies of the actual insurance policies specified herein, within thirty (30) days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to SAFE within thirty (30) days prior to the expiration of the term of any policy required herein. CONTRACTOR shall permit SAFE at all reasonable times to inspect any policies of insurance of CONTRACTOR which CONTRACTOR has not delivered to SAFE. 3.23.7.2 Claims Made Coverage. If coverage is written on a “claims made” basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: The policy retroactive date coincides with or preceded CONTRACTOR’s commencement of work under this Contract (including subsequent policies purchased as renewals or replacements). CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following expiration of this Contract, including the requirement of adding all additional insureds. If insurance is terminated for any reason, CONTRACTOR shall purchase an extended reporting provision of at least two (2) years to report claims arising in connection with this Contract. The policy allows for reporting of circumstances or incidents that might give rise to future claims. 59 562 3.23.8 Failure to Obtain or Maintain Insurance: SAFE Remedies. CONTRACTOR’s failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of this Contract, and SAFE may, at its option, obtain and pay for such insurance and deduct from payments due to CONTRACTOR such amounts paid, or terminate this Contract for any such default by CONTRACTOR. 3.23.9 No Litigation of Obligations. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by SAFE or its insurance contractor(s), are not intended to or shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the CONTRACTOR pursuant to this Contract, including, but not limited to, the provisions concerning indemnification. 3.23.10 Notice of Cancellation of Change of Coverage. All insurance and the certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give SAFE thirty (30) days written notice, at the address shown in Section 3.30, Notices, of this Contract, in advance of any lapse, cancellation, reduction or other adverse change respecting such insurance. 3.23.11 Qualifying Insurer. All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder’s alphabetic and financial size category rating of not less than A: VIII according to the current Best Current Rating Guide, or a company of equal financial stability as determined by SAFE. 3.23.12 Review of Coverage. SAFE retains the right at any time to review the coverage, form and amount of insurance required herein and may require CONTRACTOR to obtain additional insurance reasonably sufficient in coverage, form, amount to provide adequate protection against the kind and extent of risk which exists at the time of change in insurance required. 3.23.13 Safety. CONTRACTOR shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the CONTRACTOR 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 life saving 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. 60 563 3.24 Prohibited Interests. 3.24.1 Solicitation. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Contract. Further, CONTRACTOR 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 CONTRACTOR, any fee, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, SAFE shall have the right to rescind this Contract without liability. 3.24.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of SAFE, during the term of his or her service with SAFE, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.24.3 Conflict of Employment. Employment by the CONTRACTOR of personnel currently on the payroll of SAFE shall not be permitted in the performance of this Contract, 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 CONTRACTOR of personnel who have been on SAFE payroll within one year prior to the date of execution of this Contract, where this employment is caused by, and or dependent upon, the CONTRACTOR securing this or related Contracts with SAFE, is prohibited. 3.25 Equal Opportunity Employment. CONTRACTOR 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, age, disability (including HIV and AIDS), mental disability, medical condition (cancer), marital status, denial of family and medical care leave, or denial of pregnancy disability leave. 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. Employment and Housing Act (Gov. Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et seq.): The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section in all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions of SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related SAFE programs or guidelines currently in effect or hereinafter enacted. 61 564 3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to employ other CONTRACTORs in connection with the Services. 3.27 Governing Law. The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by and construed with the laws of the State of California. 3.28 Venue. The Parties acknowledge and agree that this Contract was entered into and intended to be performed in Riverside County, California. The Parties agree that the venue for any action or claim brought by any Party will be the Central District of Riverside County. Each Party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party, the Parties agree to use their best efforts to obtain a change of venue to the Central District of Riverside County. 3.29 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.30 Headings. Article and section headings, paragraph captions, or marginal headings contained in this Contract are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.31 Notices. All notices hereunder and communications regarding interpretation of the terms of this Contract or changes thereto shall be given to the respective Parties at the following addresses, or at such other addresses as the respective Parties may provide in writing for this purpose: CONTRACTOR: Name Title Address City, State Zip Attn: ________________ SAFE: Riverside County Service Authority for Freeway Emergencies FSP Program P.O. Box 12008 Riverside, CA 92502-2208 Attn: Brian Cunanan 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. 3.32 Contract Documents and Conflicting Provisions. This Contract consists of, in addition to the Exhibits attached hereto and incorporated by reference herein, the following documents (“Contract Documents”): (1) Request for Proposal No. FSP 14-45-009- 00, including all of the Exhibits attached thereto and incorporated therein by reference and 62 565 any amendment or addendum thereto (the “RFP”); and (2) CONTRACTOR’s response thereto, including any amendments or addendums (“CONTRACTOR’s Proposal”). In the event that provisions of this Contract conflict in any way with the provisions of the RFP, and/or CONTRACTOR’s Proposal, the terms of this Contract shall control. In the event that the provisions of the RFP conflict with CONTRACTOR’s Proposal, the terms of the RFP shall control. Otherwise, the Contract Documents are intended to be complementary. Services required by one of the Contract Documents and not by others shall be performed as required by all. In the event that provisions of any attached Exhibits conflict in any way with the provisions set forth in this Contract, the language, terms and conditions contained in this Contract shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.33 Amendment or Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.34 Entire Contract. This Contract contains the entire Contract of the Parties relating to the subject matter hereof and supersedes all prior negotiations, Contracts or understandings. 3.35 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.36 No Waiver. Failure of CONTRACTOR 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. 3.37 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 SAFE 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 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 SAFE. Consultant shall not respond to any such subpoena or court order until notice to the SAFE is provided as 63 566 required herein, and shall cooperate with the SAFE in responding to the subpoena or court order. 3.39 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, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. 3.40 Counterparts. This Contract may be signed in one or more counterparts, any one of which shall be effective as an original document. 3.41 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.42 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. 3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a Party hereto and payable under Section 3.21, Indemnification. 3.44 Consent. Whenever consent or approval of any Party is required under this Contract, that Party shall not unreasonably withhold nor delay such consent or approval. 3.45 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [Signatures on following page] 64 567 SIGNATURE PAGE TO AGREEMENT 14-45-009-00 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first herein written above. RIVERSIDE COUNTY TRANSPORTATION COMMISSION [LEGAL STATUS OF CONTRACTOR] ACTING AS THE RIVERSIDE COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES By: ____________________________ By: _____________________________ Karen S. Spiegel, Chair _____________________________ Name _____________________________ Title APPROVED AS TO FORM: Attest: By: ____________________________ By: ____________________________ Best Best & Krieger LLP, Counsel to the Riverside County Its: Secretary Service Authority for Freeway Emergencies 65 568 EXHIBIT “A” The SR-91 CIP service area is approximately eight miles long and is located in Orange County, Riverside County and the City of Corona. The proposed project limit along SR-91 is from the junction of SR-91 and State Route 241 (SR-241) in Orange County to the junction of the SR-91 and Pierce Street in Riverside County, including the connections to Interstate 15 (I-15) in Riverside County. The project also includes improvements on I-15 in Riverside County, between the Ontario Avenue interchange and SR-91, and the addition of and modification to direct connectors at the I-15/SR-91 system interchange. The project location and Construction FSP service area is shown in Attachment G. Construction FSP Beat # Beat Description One-Way Length in Miles # Primary Construction FSP Trucks # Back-up Construction FSP Truck(s) 91 CIP Beat 1 State Route (SR) 91 from Orange County line to Lincoln Ave. 5.50 3 1 91 CIP Beat 2 State Route (SR) 91 from Lincoln Ave. to Magnolia Ave 5.60 2 1 Hours of Operation: Standard FSP hours of operation are 5:30 a.m. to 8:30 a.m. and 3:00 p.m. to 7:00 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 1:00 p.m. to 7:00 p.m., on Friday. Construction FSP service supporting the SR-91 CIP project, awarded as part of this RFP, will operate during hours outside of the aforementioned standard FSP hours of operation. Construction FSP will involve mid-day service, extended pm service, weekend and holiday service, and some full 24-hour service periods: • Mid-Day Service Monday – Friday o Monday – Thursday 8:30 a.m. to 3:00 p.m. (6 ½ hour shift) o Friday 8:30 a.m. to 1:00 p.m. (4 ½ hour shift) • Extended PM Service o Monday – Friday 7:00 p.m. to 10:00 p.m. (3 hour shift) • Weekend Service o Saturday 9:00 a.m. – 11:00 p.m. (14 hour shift) o Sunday 9:00 a.m. – 9:00 p.m. (12 hour shift) • Night Closures – will require 24 hour service and unlike regular FSP there may be service on various holidays. Construction FSP will require three and two primary CFSP trucks for Beat 1 and Beat 2, respectively. Contractor vehicles shall be exclusively dedicated to the service during Construction FSP service hours. All vehicle maintenance activities shall be conducted during non-service hours. During Construction FSP service, at least one backup truck for each beat must be available at all times. RCTC reserves the right to change Beat hours and operational requirements during the course of the contract. Total estimated service hours per vehicle/per year: 3,800. 66 ϱϲϵ EXHIBIT “B” Compensation and Payment [INSERT FINAL PRICE PROPOSALS FROM CONTRACTOR’S PROPOSAL] 67 570 BLANK EXHIBIT “C” FSP UNIFORM REQUIREMENTS 68 571 BLANK EXHIBIT “D” SR-91 CIP CONSTRUCTION FSP SERVICE MAPS SR-91 CIP BEAT NO. 1 AREA MAP SR-91 CIP BEAT NO. 2 AREA MAP Beat # 1 Beat # 2 69 572 AGENDA ITEM 8E RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2013/14 Agreements for Regional Rideshare Services WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 14-41-031-00 with the San Bernardino Associated Governments (SANBAG) as part of the Commission’s continuing bi-county partnership with SANBAG to deliver commuter/employer rideshare services, regional ridematching services, and operation of the Inland Empire 511 (IE511) system for FY 2013/14 for an amount not to exceed $1.9 million; 2) Approve the following FY 2013/14 agreements for regional ridematching services: a) Agreement No. 09-41-075-04, Amendment No. 4 to Agreement No. 09-41-075-00, with the Los Angeles County Metropolitan Transportation Authority (Metro) for an amount not to exceed $196,243; b) Agreement No. 11-41-139-03, Amendment No. 3 to Agreement No. 11-41-139-00, with the Orange County Transportation Authority (OCTA) for an amount not to exceed $59,566; and c) Agreement No. 06-41-082-08, Amendment No. 8 to Agreement No. 06-41-082-00, with the Ventura County Transportation Commission (VCTC) for an amount not to exceed $16,198; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: Since 1993, SANBAG has contracted with the Commission to develop, implement, and manage a commuter assistance program (CAP) for San Bernardino County commuters. The program consists of several projects: • The first, Rideshare Incentives, developed as a sister incentive project to the Commission’s Measure A commuter incentive project, focuses on encouraging solo drivers to try alternative commute modes; Agenda Item 8E 573 • RidesharePlus, modeled after the Commission’s rideshare rewards program, provides Entertainment discounts to local and national merchants for long-term ridesharers. • Inland Empire Commuter Services (IECS) was jointly established by SANBAG and the Commission in FY 1995/96 when it was determined by the two agencies that the Inland Empire would assume direct responsibility for the provision of local employer rideshare services. IECS provides various services to employers in the bi-county area including the provision of marketing promotions, rideshare survey processing, technical assistance, employer network meetings, and newsletters; • In FY 2002/03, the Commission and SANBAG began providing Ridematching and Information Services directly; and • In FY 2009/10, IE511 was implemented to provide traveler information to Riverside and San Bernardino County commuters. In partnership with SANBAG, a FY 2013/14 work plan and budget for continuation of SANBAG’s CAP and the ongoing maintenance and operation of a 511 travel information services system was developed by Commission staff. The proposed agreement between SANBAG and the Commission is scheduled to be presented at the next SANBAG Board meeting following approval of the agreement by the Commission. Staff is seeking Commission approval for an agreement with SANBAG for a total not to exceed amount of $1.9 million to be reimbursed to the Commission. The Commission’s role in transportation demand management also extends beyond the boundaries of the Inland Empire. Since 2002, the Commission has led the way in implementing, operating, and maintaining the regional rideshare database (regional database) to support a coordinated and efficient ridematching service throughout a five-county region. Specifically, this entails processing commuter surveys, data retrieval, project reporting, rideguide generation, network security, system maintenance, and operation through transportation demand management consultants and ridematching software vendors. Metro, OCTA, SANBAG, and VCTC have contracted with the Commission for the administration of the regional database for the past 11 years. Funding of the regional ridematching system ($348,311) is split among the five county transportation commissions based on the population percentage split as defined by the most recent census. SANBAG’s portion of this work ($37,568) is included in the rideshare/IE511 agreement discussed above. Metro, OCTA, and VCTC are in the process of amending and seeking approval of their respective agreements with the Commission to extend the term through FY 2013/14. Staff is seeking Commission approval to enter into these agreements with Metro, OCTA, and VCTC for FY 2013/14 services provided by the Commission for an aggregate amount not to exceed $272,007 as reimbursements to the Commission. Agenda Item 8E ϱϳϰ Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $2,172,007 Source of Funds: SANBAG, Metro, OCTA and VCTC funds Budget Adjustment: No GLA No.: 002111 002112 632113 002139 002146 002178 002182 002188 002191 416 41605 0000 263 41 41203 $1,680,007 452124 416 41605 0000 202 45 41203 $492,000 Fiscal Procedures Approved: Date: 09/16/2013 Attachments: 1) Draft FY 2013/14 SANBAG Agreement and Scope of Work 2) Draft FY 2013/14 Regional Ridematching Services Scope of Work Agenda Item 8E 575 BLANK AGREEMENT XXXXXX BY AND BETWEEN SAN BERNARDINO ASSOCIATED GOVERNMENTS AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR IMPLEMENTATION OF SAN BERNARDINO COUNTY FISCAL YEAR 2013/2014 EMPLOYER AND COMMUTER TRIP REDUCTION/RIDESHARE PROGRAMS THIS AGREEMENT ("Agreement") is entered into as of this 1st day of July 2013, in the State of California by and between SAN BERNARDINO ASSOCIATED GOVERNMENTS, referred to herein as “SANBAG,” and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, referred to herein as “RCTC.” WHEREAS, SANBAG approved allocation of Measure I - Valley Traffic Management Systems (VTMS) funds, and Victor Valley Traffic Management Systems funds, and Safe, Accountable, Flexible, Efficient Transportation Equity Act – A Legacy to Users (SAFE-TEA LU) Congestion Mitigation and Air Quality (CMAQ) funds, the allocation of SAFE-TEA LU (initially approved in October of 2005 by SANBAG board), to provide trip reduction services as well as incentives for the commuter programs. WHEREAS, SANBAG receives SAFE-TEA LU and other federal funds and may use these funds to reimburse RCTC for its services in performing Employer and Commuter Trip Reduction/Rideshare Services. WHEREAS, SANBAG requires professional and consulting services with respect to the provision of commuter services and programs within San Bernardino County. WHEREAS, RCTC has managed the bi-county Inland Empire Commuter Services program since November 3, 1993, and has the expertise and resources necessary to manage such services for SANBAG. WHEREAS, for the avoidance of doubt, the parties to this Agreement scknowledge and agree that RCTC is acting in the capacity of a third party contractor to SABNAG under this Agreement, and is not a subrecipient of federal funds from SANBAG. NOW, THEREFORE, the parties agree as follows: A. Contract Services. 1. RCTC will administer, market, and implement a commuter services and 511 programs in coordination with RCTC’s commuter services program and in coordination with the regional ridesharing core services program in compliance with and as specified in the scope of work, Attachment “A,” attached hereto and incorporated herein by reference. 2. RCTC shall provide program administration and oversight and assure that its consultants and/or staff performs its services within the budgets set forth in the scope of work, Attachment “A.” ATTACHMENT 1 576 3. RCTC shall provide SANBAG with the following reports, on a monthly or quarterly basis, as set forth below, relative to tasks identified in the scope of work, Attachment “A”, to this Agreement: (a) Quarterly Commuter Assistance Report (b) Quarterly Commuter Assistance Activity Master Report (c) Quarterly Regional Database Report (d) Monthly IE511 All Hands Meeting Minutes/Agenda/Stats 4. RCTC will notify and work collaboratively with SANBAG regarding any possible program changes that would impact the SANBAG Rideshare Program. 5. SANBAG shall timely respond to RCTC on matters requiring RCTC to coordinate with SANBAG, as set forth in Attachment “A”. B. Compensation. 1. It is understood that SANBAG funding for the program under this Agreement will not exceed one million nine hundred thousand, and no cents ($1,900,000.00) and is being provided from the following sources: (a) One million six hundred and ninety-one thousand dollars and no cents ($1,691,000) from CMAQ funds, and (b) Two hundred and nine thousand dollars and no cents ($209,000.00) from San Bernardino County local ½ cent sales tax, Measure I-Valley Funds. 2. SANBAG receives SAFETEA-LU and other federal funds and may use these funds to reimburse RCTC for its services in performing Employer and Commuter Trip Reduction/Rideshare Services. 3. It is agreed that SANBAG Measure I Funds will reimburse RCTC for the cost of purchasing any items not reimbursable by CMAQ, and invoices submitted to SANBAG shall clearly delineate CMAQ non-reimbursable expenditures. It is agreed that in the event sufficient funds from the sources set forth in (a) and (b) above do not become available to SANBAG for this Agreement, SANBAG may immediately terminate this Agreement with written notice, but shall pay to RCTC from other sources any amounts required to cover RCTC’s costs to the date of Agreement termination. 4. SANBAG shall pay RCTC on a cost-reimbursement basis, based upon invoices which delineate charges based on tasks identified in the scope of work, Attachment “A.” All invoices shall be provided to SANBAG no more frequently than on a bi-monthly basis and no less than a quarterly basis. All invoices will be received by SANBAG no later than 60 days after the quarter. 5. SANBAG shall be fully responsible for obtaining cost reimbursements of CMAQ funds. SANBAG shall ensure that the SAFE-TEA LU funds are used for authorized C12553.docx Page 1 of 9 577 purposes in compliance with laws, regulations, and the provision of the terms in this agreement, and that performance goals are achieved 6. SANBAG shall review all billings submitted by RCTC for accuracy and process payment based thereon to RCTC in a timely manner. 7. RCTC shall maintain during the term of this Agreement and for three years thereafter accounting records which cover the receipt and disbursement of all funds provided for the programs administered and implemented under this Agreement. Such records shall be made available for inspection during normal business hours by duly authorized representatives of SANBAG, SANBAG’s auditors, Caltrans, Federal Highway Administration, and the United States Department of Transportation, so that SANBAG can comply with the Single Audit Act and OMB Circular No. A-133. C. Term. 1. This Agreement shall commence on July 1, 2013 and terminate on June 30, 2014, unless it is extended by a written amendment approved by the parties. 2. Either party may terminate this Agreement by giving thirty (30) days written notice to the other for no or any reason, including, but not limited to, changes in legislation, rules and regulations impacting trip reduction programs. SANBAG shall pay for any service provided up to the effective date of the termination. 3. The Executive Directors of both RCTC and SANBAG shall have the authority in their sole discretion to give notice of termination on behalf of their respective agencies. D. Indemnification and Insurance. 1. (a) It is understood and agreed that neither RCTC nor any officer, official, employee, director, consultant, agent, or volunteer thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by SANBAG under or in connection with any work authority or jurisdiction delegated to SANBAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANBAG shall fully defend, indemnify and save harmless RCTC, and all its officers, employees, consultants and agents from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANBAG under or in connection with any work, authority or jurisdiction delegated to SANBAG under this Agreement. (b) It is understood and agreed that neither SANBAG nor any officer, official, employee, director, consultant, agent, or volunteer thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by RCTC under or in connection with any work authority or jurisdiction delegated to RCTC under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, RCTC shall fully defend, indemnify and save harmless SANBAG, and all its officers, employees, consultants and agents from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RCTC or its consultants under or in connection with any work, authority or jurisdiction delegated to RCTC under this Agreement. 2. Insurance Requirements C12553.docx Page 2 of 9 578 Without anyway affecting the indemnity provision identified in this Contract, RCTC shall, at the RCTC’s sole expense, and prior to the commencement of any work, procure and maintain in full force, insurance through the entire term of this Agreement. and shall be written with at least the following limits of liability: (a) Professional Liability - Shall be provided in an amount not less than $1,000,000, per claim and $2,000,000 in the aggregate. RCTC shall secure and maintain this insurance or “tail” coverage provided throughout the term of this Contract and for a minimum of three (3) years after Contract completion. (b) Workers' Compensation - Worker’s Compensation insurance shall be provided in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers Liability with $250,000 limits, covering all persons providing services on behalf of RCTC and all risks to such persons under this Agreement. (c) Commercial General Liability - To include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage and Independent Contractors' Liability, in an amount of not less than $1,000,000 per occurrence, combined single limit, and $2,000,000 in the aggregate written on an occurrence form. For products and completed operations a $2,000,000 aggregate shall be provided. (d) Automobile Liability - To include owned, non-owned and hired automobiles, in an amount of not less than $1,000,000 per occurrence, combined single limit, and in the aggregate written on an occurrence form. (e) Network and Privacy Insurance. RCTC shall carry, or shall cause its third party contractor to carry, Network and Privacy (Errors and Omissions) insurance in an amount of not less than $1,000,000 per claim and $1,000,000 in the annual aggregate, protecting RCTC and SANBAG from the following exposures relating to RCTC’s or any of its subcontractors performance under the Agreement: (i) the theft, dissemination and/or unauthorized disclosure of use of confidential information and personally identifiable information (not to be limited bank information, social security numbers, health information, credit card account information, and confidential corporate information). Such insurance shall also include coverage for credit monitoring, notification expenses and other related costs associated with mitigating a data security or privacy breach; and (ii) the introduction of a computer virus into, or otherwise causing damage to, a computer, computer system, network or similar computer-related property and the data, software, and programs used herein. If such insurance is maintained on an occurrence basis, RCTC or its third party contractor shall maintain such insurance for an additional period of one year following the end of the applicable Term. If such insurance is maintained on a claims-made basis, RCTC or its third party contractor shall maintain such insurance for an additional period of three year following the end of the applicable Term. (f). Proof of Coverage - RCTC shall furnish certificates of insurance to SANBAG evidencing the insurance coverage required above, prior to the commencement of performance of services hereunder, and such certificates shall include San Bernardino Associated Governments/San Bernardino County Transportation Authority) as additional insured on Comprehensive General Liability C12553.docx Page 3 of 9 579 Insurance or Commercial General Liability Insurance and auto insurance. Prior to commencing any work, RCTC shall furnish SANBAG with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth in this Article. If the insurance company elects to cancel or non-renew coverage for any reason, the CONSULTANT will provide SANBAG 30 days’ notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of premium, the RCTC will provide SANBAG ten (10) days’ notice. RCTC shall maintain such insurance from the time RCTC commences performance of services hereunder until the completion of such Services. All certificates of insurance are to include the contract number and Project Manager’ name. (g) Additional Insured- All policies, except for Workers Compensation and Professional Liability policies, shall contain endorsements naming SANBAG and its officers, employees, agents, and volunteers as additional insureds with respect to liabilities arising out to the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for SANBAG to vicarious liability but shall allow coverage for SANBAG to the full extent provided by the policy. (h) Waiver of Subrogation Rights - RCTC shall require the carriers of the above required coverages to waive all rights of subrogation against SANBAG, its officers, employees, agents, volunteers, contractors, and subcontractors. All general auto liability insurance coverage provided shall not prohibit RCTC or CONSULTANT’S employees or agents from waiving the right of subrogation prior to a loss or claim. CONSULTANT hereby waives all rights of subrogation against SANBAG. (i) All policies required herein are to be primary and non-contributory with any insurance carried or administered by SANBAG. (j) Certificates/Insurer Rating/Cancellation Notice. (1) RCTC shall maintain and shall require its consultants to maintain such insurance from the time the Services commence until the Services are completed, except as may be otherwise required by this Section. (2) RCTC may legally self-insure, but shall require its consultants to place insurance with insurers having an A.M. Best Company rating of no less than A: VIII and licensed to do business in California. (3) RCTC and its consultants shall replace certificates, policies and endorsements for any insurance expiring prior to completion of the Services. E. Rights of SANBAG and RCTC. The Executive Directors of both SANBAG and RCTC shall have full authority to exercise their respective entity’s rights under this contract. F. Ownership of Materials/Confidentiality/Use of Data. 1. Ownership. The following documents and data prepared by RCTC or RCTC’s subconsultant pursuant to this Agreement shall become the common property of RCTC and SANBAG: (i) data regarding commuters in San Bernardino County, (ii) San Bernardino County employer information, (iii) park and ride information specific to San Bernardino County; C12553.docx Page 4 of 9 580 (iv) any monthly or quarterly reports produced by RCTC as required by this Agreement, and (v) advertisements and collateral material funded in whole or in part by SANBAG under this Agreement (“Documents and Data”). RCTC and SANBAG shall not be limited in any way in its use of such data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the respective party’s sole risk and provided that the other party shall be indemnified against any damages resulting from such use, including the release of this material to third parties for a use not intended by this Agreement. Neither party to this Agreement shall sell the data or other materials prepared under this Agreement without the written permission of both parties. (2) Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials described in subsection (1) either created by or provided to RCTC in connection with the performance of this Agreement shall be held confidential by RCTC. Such materials shall not, without the prior written consent of SANBAG, be used by RCTC 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. Nothing furnished to RCTC that is otherwise known to RCTC or is generally known, or has become known, to the related industry shall be deemed confidential. RCTC shall not use SANBAG’s name or insignia, photographs of the project, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of SANBAG. (3) Use of Data. All Documents and Data, as definted above, shall be provided to SANBAG in hard copy and electronic media. Documents and Data in electronic media shall be provided in a form that will allow SANBAG to use, access, and manipulate the data to prepare reports and perform other ride matching activities contemplated by this Agreement. All Documents and Data shall be provided to SANBAG within 30 days upon written notice. G. Independent Contractor. SANBAG retains RCTC on an independent contractor basis and RCTC and its consultants shall not be employees of SANBAG. The consultants and other personnel performing the Services under this Agreement on behalf of RCTC shall at all times be under RCTC's exclusive direction and control. RCTC shall pay all wages, salaries, and other amounts due its employees in connection with their performance of Services under this Agreement and as required by law. RCTC shall be responsible for all reports and obligations respecting such employees, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. H. Attorneys' Fees and Costs. If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under Paragraph 3E, Indemnification and Insurance. I. Consent. Whenever consent or approval of any party is required under this Agreement, that party shall not unreasonably withhold nor delay such consent or approval. C12553.docx Page 5 of 9 581 SIGNATURE PAGE TO AGREEMENT XXXXX BY AND BETWEEN SAN BERNARDINO ASSOCIATED GOVERNMENTS AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR IMPLEMENTATION OF SAN BERNARDINO COUNTY FISCAL YEAR 2013/2014 EMPLOYER AND COMMUTER TRIP REDUCTION/RIDESHARE PROGRAMS IN WITNESS THEREOF, THE AUTHORIZED PARTIES HAVE BELOW SIGNED AND EXECUTED THE AGREEMENT ON THE EFFECTIVE DATE: SAN BERNARDINO ASSOCIATED RIVERSIDE COUNTY GOVERNMENTS TRANSPORTATION COMMISSION ___________________________________ Larry McCallon, President Karen Spiegel, Chair APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM SANBAG FOR RCTC _______________________________ _________________________________ Penny Alexander-Kelley, SANBAG Counsel Best, Best & Krieger, LLP, General Counsel CONCURRENCE: Kathleen Murphy-Perez Contracts Manager C12553.docx Page 6 of 9 582 BLANK Attachment “A ” Scope of Work San Bernardino Employer and Commuter Assistance Programs Fiscal Year 2013-14 Inland Empire Rideshare Services Provide a variety of services to employers and commuters, who participate in trip reduction activities. Activities shall include, but not be limited to: RideGuide/survey services, employer technical assistance, promotions, RideGuide production, coordination/dissemination of surveys and resulting report analysis for target marketing, Rideshare Connection broadcast e-mails, CommuteSmart News, networking meetings and coordination with other rideshare agencies and service providers. Assist multi-site and multi-jurisdictional headquarters employers within the County as well as related worksites outside of the County. Oversee and maintain a regional website (CommuteSmart.info), IE511.org website, social media platforms, and other regional products/outreach as assigned. Respond and coordinate inquiries with SANBAG that are San Bernardino specific and generated from 511, 1-866-RIDESHARE, CommuteSmart.info, as well as direct referrals. Oversee and maintain a regional database of commuters, working with the five county transportation commission’s (CTCs) throughout the region, with SANBAG owning all Documents and Data (hard copy and electronic formats), as that term is defined in Section F(1) of the Agreement. Market the regional Guaranteed Ride Home Program to employers in San Bernardino County. Assist in the County’s leased Park and Ride lot program. Operate the 511 program through phone and web services, providing enhancements, resolving issues, conducting marketing and periodic surveys. RCTC is to keep SANBAG advised regarding potential enhancements, issues, and periodic surveys if such tasks could potentially change/alter the current Rideshare and/or 511 programs in San Bernardino County. Conduct special projects and studies, as assigned, and coordinate/inform SANBAG rideshare staff if special projects and/or studies impact the San Bernardino Rideshare Program. Related Expenses: Includes labor, office expenses, marketing materials, office equipment, computer programming, telephone and other direct expenses. Goals: 1. Implementation of commuter assistance programs to approximately 360 regulated and non-regulated employer worksites in San Bernardino County, to assist in the development and implementation of trip reduction programs and for technical assistance. 2. Work with 85 employers on AVR/Transportation surveys and AVR calculations. 3. Maintain an accurate database of 50,000 active San Bernardino County commuter registrants, resulting from completed commuter surveys at 85 San Bernardino County employers. 4. Disseminate 6,300 RideGuides to San Bernardino County commuters at 360 worksites. 5. Provide assistance to five multisite/multijurisdictional headquarters located in San Bernardino County representing 34 worksites in San Bernardino, Riverside, as well as Los Angeles and Orange counties. C12553.docx Page 7 of 9 583 6. Develop and implement three employer transportation network meetings, one promotional marketing campaign at San Bernardino employer worksites, and other events. 7. Produce and disseminate other regional marketing materials, as standalone campaigns within the Inland Empire or regional campaigns in coordination with the five CTCs. 8. Broadcast 12 Rideshare Connection e-mails to San Bernardino County employers. 9. For the two-county area, respond to 2,000 inquires/calls from commuters who work or reside in San Bernardino or Riverside counties, via 1-866-RIDESHARE, 1-800-COMMUTE, CommuteSmart.info, 511, direct referrals and other internet sources. Of these 2,000 inquiries, 200 RideGuides will be generated. In addition, 575 Inland residents will register in the database via the www.ridematch.info and the www.ie511.org website. SANBAG will be copied on responses that are specific to San Bernardino County. 10. Manage and operate the 511 system which will be available to commuters 24 hours a day, 7 days per week, 365 days per year. 11. The 511 phone system will provide assistance to 30,000 callers per month throughout the year. The system will have the capacity to handle 100,000 concurrent callers. 12. The www.ie511.org website will potentially receive 40,000 unique visitors per month . Website will be able to handle 100,000 concurrent users. 13. Continue 511 marketing/outreach and coordinating development of the marketing plan, campaign themes, surveys, studies and potential collateral materials for San Bernardino County with SANBAG rideshare staff, before the tasks are implemented. 14. Conduct and coordinate periodic surveys with SANBAG to determine the 511 program use, effectiveness and customer satisfaction. 15. Provide website and phone enhancements/upgrades as needed. Rideshare Incentive Programs Option Rideshare offers San Bernardino County residents who commute to work, up to $2 a day (in local merchant gift cards) for each day they participate in a rideshare mode, during a three- month period. The Vanpool Incentive Program provides up to $1,800 over nine months in discounted vanpool fares. Team Ride provides ongoing ridesharers who reside in San Bernardino County a Rideshare Plus Rewards Book, with discount coupons from more than 135,000 merchants throughout the southland. RCTC to manage and operate the Incentive Programs listed above, and to coordinate and discuss with SANBAG when potential changes to the Incentive Programs are being considered. Related Expenses: Includes labor, office expenses, marketing materials, office equipment, computer programming, telephone, direct commuter incentives (gift cards/ subsidies) and other direct expenses. Goals: 1. The Option Rideshare program will enlist 1,200 County residents, who commute to work to 125 employers in Southern California. These participants on average have a one-way commute distance of 27.59 miles and the goal is to reduce 109,000 one way vehicle trips from the roadways. 2. Team Ride registrants will consist of 6,100 members when the program is at its highest membership. Members will work at employment sites from 350 employers throughout Southern California. C12553.docx Page 8 of 9 584 ATTACHMENT 2 Riverside County Transportation Commission REGIONAL RIDEMATCH DATABASE SERVICES FY 13/14 SCOPE OF WORK Manage the regional ridematch database system on behalf of and in partnership with the County Transportation Commissions (CTCs). The system will be secured from tampering yet accessible to multiple users’ needs with timely and accurate software. Monitor and maintain the performance of the hardware and connectivity software of the regional ridematch local area network and ridematching website. Maintenance of the ridematching software and associated modules will be coordinated with our Komotor software support vendor, and their designated product support staff. Monitor bandwidth and website load times to ensure that quality and throughput are optimum and that system integrity is maintained. Task 1: Day to Day Operations Manage and coordinate the regional rideshare database system in partnership with the CTCs to ensure the effective delivery of ridematching services to employers, TMAs and commuters of the five county region. a. Review application error logs on a daily basis, assess error messages to determine next steps, take action with the appropriate entities (i.e., internal action, CTCs or Komotor product support staff) to secure resolution of issues. b. Review all security logs as they are collected through the dedicated firewall, web server, and database logs. c. Report any scheduled or unscheduled system downtime to CTCs, troubleshoot as necessary and identify reason for downtime and estimated time to be back on line. Task 2: Upgrades, Patches, and System Administration Coordinate software and database maintenance and installation of enhancements. Work with CTC staffs to identify needs or program refinements on an annual basis, including AVR Program refinements as required by the South Coast Air Quality Management District (SCAQMD) and/or Ventura County Air Pollution Control District (VCAPCD). Work with Komotor product support staff to develop programs to satisfy identified needs, and to coordinate the installation and testing of periodic updates from Komotor product support on an as-needed basis. Coordinate the monitoring of the system and augmenting of security and data access controls as needed to maintain the confidentiality of information, including an annual 1 585 vulnerability and penetration test by a contractor secured by Riverside County Transportation Commission (RCTC). Task includes annual license maintenance fees including our first year of Google Premier support in order to assist us during our transition between two geocode based systems.. Also includes the annual cost of testing for web site security. a. Facilitate collective policy decisions relating to operational and procedural functionality of the system. b. Coordinate feedback from CTCs regarding programming functionality, programming issues and development ideas. Provide testing of new programs and enhancements as well as custom ad-hoc reporting to ensure that all program modules are functioning correctly and that any program compatibility issues are resolved. c. Provide liaison between the CTCs and the SCAQMD for maintenance and required updates to the AVR functions of the databases. d. Coordinate changes to reporting and functionality between internal staff, CTCs, SCAQMD, and selected vendors. e. Work with selected contractor to facilitate web testing for security and to monitor performance of the servers, routers and switches to ensure system is operating at peak performance. f. Perform ongoing analysis of capacity issues and recommendations for additions or improvements. Task 3: Support Roles Provide technical and help desk support services to CTC staffs. Provide assistance with troubleshooting of problems related to functionality of software. Provide training or instructional materials on new programs and functions within the Komotor rideshare web application and associated modules to CTC staffs. a. Respond daily to on-line and telephone technical inquires and trouble reports. b. Assess source of reported problems, determine appropriate actions, and facilitate resolution by appropriate staff. c. Prepare and distribute quarterly summary of reported problems and actions taken. d. Provide “help” information as needed to all users. 2 586 e. Provide liaison between CTCs and Komotor product support staff. Task 4: Operating Equipment and Network Connectivity A. Operating Equipment Monitor server performance and bandwidth use, consistent with the specifications provided by Komotor product support staff, to accommodate the regional rideshare database and associated modules. Rackspace, the selected server management company, will be responsible for repair or replacement of all hardware items to be handled on an as-needed basis or as recommended by the “End of Life” (EOL) cycle by the product manufacture on a 365/24/7 basis with a one hour replacement time guarantee. Rackspace will also be responsible for updates for server operating system and core system applications as well as firewalls, network switches, and load balancers. B. Network Connectivity Keycard protocols, biometric scanning protocols and round-the-clock interior and exterior surveillance monitor access to every Rackspace data center. To provide multiple redundancies the data center housing the regional ridematch local area network is also linked to the internet through a minimum of 5-9 different internet service providers on high performance bandwidth. Rackspace will monitor and troubleshoot access lines to ensure operational integrity and security. 3 587 AGENDA ITEM 8F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with the South Coast Air Quality Management District to Fund Rideshare Thursday Campaign Rideshare Incentives STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 14-41-032-00 with the South Coast Air Quality Management District (AQMD) for $250,000 to fund “Rideshare Thursday” Campaign Rideshare Incentives for the Inland Empire; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: While much of the Commission’s work is focused on increasing transportation infrastructure and capacity, there is significant value in ensuring the transportation systems in Riverside County are used efficiently. Rideshare and other commuter transportation demand management (TDM) programs are a vital tool for Riverside County and the entire Inland Empire region, as they significantly decrease the number of vehicles traveling on congested corridors and save thousands of pounds of pollutants from being emitted into the air each year. The Commuter Assistance Program (CAP) efficiently influences driver behavior by fostering a mode-shifting decision at both the employer and commuter levels through employer rideshare services and support, ridematching services, park and ride lots, commuter incentives, and program outreach. The Commission administers the rideshare program for the San Bernardino Associated Governments (SANBAG) as well and in FY 2012/13, the CAP generated a total of 16,888 participants, saved 3.4 million one-way vehicle trips from being taken and prevented over 908,000 pounds of emissions from polluting the air in the Inland Empire. DISCUSSION: The Mobile Source Air Pollution Reduction Review Committee (MSRC), a committee of the AQMD, values rideshare as a viable element to reducing pollutants generated from work trips. That vision is acknowledged in its sponsorship of a “Rideshare Thursday” public awareness Agenda Item 8F 588 campaign to promote ridesharing – biking, car/vanpooling, taking the bus or rail, telecommuting, walking – to work in Southern California. The MSRC asked for proposals from each of the four regional rideshare agencies for rideshare incentives programs to be implemented in conjunction with this public awareness campaign and each agency was awarded $125,000. As the rideshare administrator for both Riverside and San Bernardino Counties, the Commission was awarded $250,000 to expand the eligibility of the existing rideshare incentive programs ($2/day incentive and Rideshare Plus program) to participants working for employers not currently a registered Employer Client of the CAP. As part of the work plan, each Rideshare Thursday incentive participant will be qualified by a designated transportation coordinator at his/her worksite. Staff believes the MSRC-sponsored campaign will help attract incremental commuters and ultimately new employers to increase rideshare awareness and participation throughout the Inland Empire. Staff recommends approval of Agreement No. 14-41-032-00 with the AQMD for the Commission to receive up to $250,000 in reimbursement to implement this project. Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $250,000 Source of Funds: MSRC Grant Budget Adjustment: No GLA No.: 263 41 41203 Fiscal Procedures Approved: Date: 09/25/2013 Attachment: Agreement No. 14-41-032-00 Agenda Item 8F 589 RCTC Agreement No. 14-41-032-00 590 591 592 593 594 595 596 597 598 BLANK 599 600 601 BLANK 602 BLANK 603 604 AGENDA ITEM 8G RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Henry Nickel, Staff Analyst Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Commission’s Rail Program Short Range Transit Plans STAFF RECOMMENDATION: This item is for the Commission to: 1) Amend the Commission’s Commuter Rail Program’s FY 2009/10 and FY 2011/12 Short Range Transit Plans (SRTPs), as follows: a) Add the station upgrade project to the FY 2011/12 SRTP; b) Reallocate $295,568 of FY 2008/09 Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds in the FY 2009/10 SRTP plus accrued interest from the Perris Multimodal Transit Center to the station upgrade project in the FY 2011/12 SRTP; c) Reallocate $1,900,000 of FY 2010/11 Proposition 1B PTMISEA funds from the Perris Valley Line Closed Circuit Television (CCTV) project to the station upgrade project; and d) Allocate $554,941 of FYs 2011-13 Proposition 1B PTMISEA funds from the Perris Valley Line CCTV project to the station upgrade project; and 2) Approve budget adjustments of $194,941 to increase revenues and $490,509 to increase expenditures. BACKGROUND INFORMATION: The SRTPs include plans for the Commission’s Commuter Rail Program and provide detailed information about existing services and facilities, financial forecasts, and plans, as well as planned and proposed improvements to be implemented. The Commission oversees transit service in Riverside County primarily through the approval of SRTPs that detail the operating and capital costs planned for transit services. Each operator adopts such a plan and then provides data to the Commission on performance. As SRTPs are based upon estimates of future projects, it is necessary to subsequently amend these documents upon completion or changes to specified projects and circumstances. The Commission’s Commuter Rail Program is thus requesting amendments to its FY 2009/10 and FY 2011/12 Commuter Rail SRTPs in order to clean up unused funds through reallocation and use state grant funds to preserve local funds. Agenda Item 8G 605 The station upgrade project combines the following facility capital enhancements to upgrade and improve the Commission’s existing Metrolink stations, as the Metrolink stations are now in excess of 20 years old: • Pedestrian crossing; • Signage; • Reseal parking lots; • Stair and walkway decking; • Drought tolerant landscaping; • Replacement of bridge windows; • Elevator replacement; • ADA improvements; and • Painting of station. Staff recommends approving and adding the station upgrade project to the FY 2011/12 SRTP in lieu of the Perris Valley Line CCTV project. FY 2009/10 and FY 2011/12 SRTP Proposed Amendments At its June 10, 2009 meeting, the Commission approved the allocation of $800,000 of unobligated PTMISEA funds for construction of the Perris Multimodal Transit Center. Construction is now substantially complete. An unobligated balance of grant funds totaling approximately $295,568 plus interest remains allocated to the project. Staff recommends amending the FY 2009/10 SRTP to reallocate this balance and all subsequently earned interest to the FY 2011/12 SRTP station upgrade project. The amount of accrued interest is not significant. At its June 8, 2011 meeting, the Commission approved the allocation of $1.9 million of unobligated FY 2010/11 – FY 2012/13 PTMISEA funds for the Perris Valley Line CCTV project in the FY 2011/12 SRTP. This project remains on hold indefinitely. Staff recommends amending the FY 2011/12 SRTP to reallocate this amount and allocate unobligated FY 2010/11 – FY 2012/13 PTMISEA funds of $554,941 to the FY 2011/12 SRTP station upgrade project. The SRTP amendments are summarized as follows: Proposition 1B PTMISEA Funding Year From To Amount FY 2008/09 Perris Multimodal Transit Center Station Upgrade Project $ 295,568+ FY 2010/11 – FY 2012/13 Perris Valley Line CCTV 1,900,000 Unobligated Funds 554,941 Total $ 2,750,509+ Agenda Item 8G 606 The FY 2008/09 Proposition 1B PTMISEA funds were received in a prior year, and the FY 2013/14 budget includes $2,260,000 in Proposition 1B PTMISEA revenues and related expenditures. This SRTP amendment results in a revised revenue amount of $2,454,941 related to the FY 2010/11 – FY 2012/13 Proposition 1B PTMISEA funding and expenditure amount of $2,750,509. Therefore, staff recommends a revenue budget adjustment of $194,941 and expenditure budget adjustment of $490,509 related to the additional funds identified. Financial Information In Fiscal Year Budget: Yes No Years: FY 2013/14 Amount: $2,750,509 Source of Funds: Proposition 1B PTMISEA Budget Adjustment: No Yes* GLA No.: 004011 415 41507 265 33 41502 $ 2,260,000 Revenues 004011 415 41507 265 33 41502 194,941* Revenues 004011 81301 265 33 81301 2,260,000 Expenditures 004011 81301 265 33 81301 490,509* Expenditures Fiscal Procedures Approved: Date: 09/16/2013 Agenda Item 8G 607 AGENDA ITEM 8H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Committee FROM: Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Federal and State Legislative Update STAFF RECOMMENDATION: This item is for the Commission to receive and file an update on federal and state legislation. BACKGROUND INFORMATION: Federal Issues Congressman Takano Tours Perris Valley Line Freshman Riverside County Congressman Mark Takano took a three-hour tour hosted by the Commission and the Riverside Transit Agency (RTA) on September 3. Representative Takano requested this tour to gain a first-person understanding of major infrastructure projects planned and underway in his district, which stretches from Jurupa Valley to Perris. The tour also coincided with the release of a State of Transportation in the Inland Empire report released by his office, containing the results of a constituent survey he conducted on transportation issues. The report is attached to this item. The tour included an inspection of RTA’s maintenance facility and new clean natural gas (CNG) buses, the Perris Transit Center, the Interstate 215/Van Buren interchange project, and the future site of the March/Moreno Valley Station. At each of the tour stops, allies of transportation investment attended to discuss how they will benefit from upcoming transportation projects. Partners attending included the Riverside Chamber of Commerce, Ames Construction (the contractor for Perris Valley Line), local labor groups representing carpenters, cement masons, and operating engineers, the University of California PATH Center (locating 500 jobs adjacent to Perris Valley Line), and March Joint Powers Authority. Commission Second Vice Chair Daryl Busch and Commissioner Ella Zanowic, also an RTA Executive Committee Member, greeted the Congressman. During the tour, Representative Takano reiterated his support for Perris Valley Line and offered to assist the Commission as the Small Starts Grant Agreement (SSGA) for $75 million nears the final signatures needed from the Federal Transit Administration (FTA). Commission staff is grateful to Representative Takano for his attention and concern for transportation issues in Riverside County. Agenda Item 8H 608 Additional thanks are due to RTA and Juan Perez at the County of Riverside for their close collaboration in organizing this productive outing. Perris Valley Line Small Starts Grant Agreement At the time this staff report was written, the Commission had not yet received the FTA’s approval of the $75 million SSGA for Perris Valley Line. Based on communications from FTA, the SSGA was in the final review process before being sent to Capitol Hill for a statutory review period that precedes the grant’s execution. The Commission will remain in close contact with FTA and Riverside County’s representatives in Congress to ensure the SSGA remains on track for approval prior to the October 14 expiration of Ames Construction’s bid to build the project. Congress to Consider Continuing Resolution, Fiscal Dilemmas Following any pending votes on the response to the chemical weapons attack in Syria, Congress will be faced with several dilemmas as the start of the new federal fiscal year begins on October 1. First, a continuing resolution (CR) will be needed to keep the government funded after September 30, seeing that Congress did not approve individual or omnibus appropriations bills prior to the summer recess. It is widely expected a “clean” CR will be adopted, meaning no extraneous spending measures or policy provisions will be attached to the continual funding of government functions. However, mere hours after House Appropriations Chairman Hal Rogers (R-KY) introduced a CR through December 15, it was pulled from the voting calendar after House Majority leadership could not find votes sufficient for passage. Heavy fracturing continues among Republican ranks regarding appropriate spending levels and whether to tie any effort to fund the government to the defunding of the Affordable Care Act. Congress will also have to deal with another debt ceiling increase within the next several weeks. This means another set of negotiations regarding whether to end or modify the sequester (automatic spending cuts that occurred earlier this year) and/or identify new revenues. For transportation, a clean CR would welcome news after a tumultuous spring and early summer where the transportation appropriations bills in both chambers stalled due to lack of agreement within Democrat and Republican ranks on appropriate spending levels. Keeping the flow of funding for transportation programs is essential to maintaining reliability and predictability for planned infrastructure projects. Commission staff will monitor the debt ceiling negotiations for any potential impacts to transportation-related programs. State Issues Compromise Emerges in Transit Union Standoff Over Pension Reform In the waning hours of the legislative session, Governor Brown, transit agencies, unions, and the U.S. Department of Labor agreed on a path forward to avert decertification of billions of dollars of federal transit funds that would have sparked massive layoffs and service reductions Agenda Item 8H 609 across California. The compromise provides a one-year exemption from the Public Employee Pension Reform Act (PEPRA) for transit employees. During 2014, the State will join a lawsuit by Sacramento Regional Transit District (Sac RT) against the Department of Labor over the decertification of one of its grants due to union objections that PEPRA violates federal labor law. All parties agree to abide by the court’s decision. If the court finds PEPRA violates the Federal Transit Act, transit employees will become permanently exempted from PEPRA. However, if the court finds in favor of the State, PEPRA will apply to transit employees and the Department of Labor will continue to release federal funds to transit agencies. RTA has $31 million at risk over the next two fiscal years and SunLine Transit Agency has $2 million at risk of decertification if the PEPRA vs. 13(c) dispute is not resolved. The Commission has a material interest in ensuring transit operators in Riverside County are able to maintain current service levels. The Commission is actively working with the California Transit Association (CTA) and RTA to educate Members of the legislature on the real near-term impacts if the Department of Labor decertifies any transit grants to Riverside County. Design-Build Bill Stays Alive AB 401, which would vastly expand the availability of design-build procurement for transportation projects in California, has moved to the Senate floor. As discussed in last month’s legislative update, AB 401 has emerged as a compromise crafted among Professional Engineers in California Government (PECG), regional transportation agencies, Caltrans, and private sector labor groups. The bill provides for unlimited design-build authority for regional transportation agencies for projects on the state highway system as well as “expressway” projects, plus 10 additional design-build projects under the auspices of Caltrans. Following roughly the same model of AB 2098 (Miller), which was approved for the State Route 91 Corridor Improvement Project, construction inspection services will be performed by Caltrans. Per the board’s direction and staff’s recommendation, the Commission’s advocate in Sacramento has been engaged in moving AB 401 through the Legislature. Assuming passage in the Senate, the bill will return for a concurrence vote in the Assembly before landing on Governor Brown’s desk. Governor Signs Transportation Bills into Law As of the time of this staff report, Governor Brown has signed the following transportation- related bills into law: AB 14 (Lowenthal) – Supported by the Commission, this bill will create guidelines for the State Freight Plan and membership of the stakeholder group that helps develop it Although the State already has a Goods Movement Action Plan (GMAP), new federal law in MAP-21 encourages states to develop and update freight plans that could become a crucial basis for national freight planning. Agenda Item 8H 610 SB 425 (DeSaulnier) – Staff monitored this bill throughout the year, which creates a few key requirements for the development of peer review committees for major infrastructure projects. The bill ensures peer review groups are transparent and balanced in their formation and in their stated objectives. Chairman DeSaulnier has been closely monitoring the California High-Speed Rail project and the recently- completed the East Span of the Bay Bridge; these projects are part of the impetus for SB 425. Attachments: 1) Federal and State Legislative Matrix 2) State of Transportation in the Inland Empire Report Released by Congressman Takano Agenda Item 8H 611 RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – October 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. Enrolled and presented to the Governor. (Aug. 26). 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. Read second time. Ordered for third reading. (Sept. 5). 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. Senate Amendments concurred in. To Engrossing and Enrolling. (Sept. 6). 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 ATTACHMENT 1 612 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. In committee: Held under submission. (August 30). 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. Ordered to third reading. (Sept. 6). 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 Com. On L. & I.R. (Aug. 14). SUPPORT June 12, 2013 AB 401 (Daly) 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. Read third time and amended. Ordered to second reading. (Sept. 6). SUPPORT June 12, 2013 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 613 Legislation/ Author Description Bill Status Position Date of Board Adoption 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. Approved by the Governor. Chaptered by Secretary of State – Chapter 79, Statutes of 2013. (August 12). SUPPORT June 12, 2013 614 BLANK The State of Transportation in the Inland Empire: The impact of aging infrastructure and access to public transportation on the residents of California’s 41st Congressional District Presented by Congressman Mark Takano August 2013 ATTACHMENT 2 ϲϭϱ 2 Acknowledgements Congressman Takano would like to acknowledge the Riverside Transit Agency and the Riverside County Transportation Commission for providing information that went into this report. 616 3 The State of Transportation in the Inland Empire I. Overview II. Introduction: The State of Transportation and Infrastructure in California III. Transportation Survey and Methodology IV. Findings V. Top 5 Transportation Issues in District 41 VI. Other Issues VII. Conclusions and Next Steps 617 BLANK 4 I. Overview During the month of May, the Office of Congressman Mark Takano organized a transportation and infrastructure survey that was sent out to residents of California’s 41st congressional district to better assess their transportation needs. In total, 548 residents from Moreno Valley, Riverside, Perris, and Jurupa Valley responded to the survey and indicated what they view as the most pressing transportation issue in the area.  70% of respondents were from Riverside, 21% were from Moreno Valley, 8% were from Perris, and 2% were from Jurupa Valley. (Percentages may not total 100 due to rounding.)  The top priority for Riverside, Moreno Valley, and Jurupa Valley was freeway maintenance, while the top priority for Perris was increased public transit.  The top five issues across the 41st Congressional district were improving freeway maintenance and construction, increasing Metrolink services, expanding bus services, and adding more carpool lanes and improving bike paths.  Other concerns included increased transit options for the disabled as well as pedestrian and cyclist safety.  According to Transportation for America, by 2015 69% of seniors in the Riverside-San Bernardino metropolitan area will have poor access to public transit.  The Brookings Institution published a report which stated that 81% of low income residents in the Riverside metro area live in the suburbs and can only reach 7% of low- and middle- skill jobs via public transportation.  32% of respondents said their total commute was longer than one hour.  Over 50% said they find themselves in heavy traffic at least five times a week.  Over 60% rated their commute as unsatisfactory or terrible. 618 5 II. Introduction The American Society of Civil Engineers released their 2013 Report Card on the status of America’s infrastructure earlier this year, giving the nation’s infrastructure an overall grade of a D plus.1 California’s infrastructure is in trouble and in need of massive repairs over the next 20 years. According to the report, more than 7,000 bridges in the state are considered either structurally deficient, or functionally obsolete. There are 807 high hazard dams and 98 hazardous waste sites on the National Priorities List. Beyond this, 68% of the roads in California are in need of repair and driving on these roads costs motorists $13.9 billion extra per year in vehicle repairs and operating costs. That is about $586 per motorist that could go to daily necessities such as rent and groceries. For the Inland Empire, the data is not much better. The 2010 report from the American Society of Civil Engineers for the Inland Empire, which was written by local engineers, grades the Inland Empire’s transportation system at a D plus, and gives overall infrastructure for the area a C plus. Specifically in the field of transportation, the engineers note that “decision-makers continually strive to keep pace with deteriorating sections of highway with limited funds.”2 According to the Texas A&M Transportation Institute, from data gathered in 2011 on roadway congestion, residents of the Riverside and San Bernardino area experience more than 38 hours annually per person in traffic delays which cost an extra $854 a year and waste 16 gallons of fuel per person.3 Beyond the aging infrastructure, the lack of public transit in the Riverside-San Bernardino Metro area is a growing problem, especially for seniors and lower income households. According to a report from the Brookings Institution, “Missed Opportunity: Transit and Jobs in Metropolitan America,” 81% of low-income residents of the Riverside metro area live in the suburbs and can reach less than 7% of low and middle income jobs via transit.4 In light of this new report and other infrastructure data about the Inland Empire, Representative Mark Takano sought to find which transportation issues impacted the residents of CD-41 the most. He wanted to know the transportation needs of his constituents, from which roads in the area needed to be repaired, to larger issues such as public transit use and highway maintenance. His office put together a survey and emailed it to constituents in addition to featuring it on his congressional website. The findings were then compiled and turned in to this report. 1 American Society of Civil Engineers, 2013 Report Card for America’s Infrastructure, http://www.infrastructurereportcard.org/a/#p/home (June 6, 2013). 2 American Society of Civil Engineers of the Inland Empire, Infrastructure Report Card for the Inland Empire, 2010: 1-2. 3University of Texas, A&M Transportation Institute, Performance Measure Summary- Riverside-San Bernardino, CA: 1-7. 4 The Brookings Institution, Missed Opportunity: Transit and Jobs in Metropolitan America: 19. 619 6 III. The Survey and Methodology The survey asked residents of CD-41, “What improvement or repair should be the main transportation priority for Riverside County?” Respondents were given the option to choose one category from the following list: 1. Public Transportation 2. Roadway Maintenance and Improvements 3. Freeway Maintenance and Improvements 4. Bicycling and Walking 5. Bridge Maintenance and Improvements 6. Sidewalk, Gutter and Curb Repairs 7. Poor Signage 8. Traffic Signals 9. Other Once residents chose the one issue that was most important to them, they were asked to provide specific details. The survey also asked specific questions about constituents’ commute, including their method of commute, the length of their average commute, bus ridership, frequency of heavy traffic during their commute, and an overall opinion of commuting in the Inland Empire. These questions were optional. During the month of May, 548 residents in CD-41 responded to the survey and their responses were matched with information from the office’s database to correctly identify the respondent as a constituent and to prevent duplicates. 620 7 IV. Findings Where are respondents from? Of the 548 total respondents in the 41st District of California (CD-41), 69.7% (382) were from Riverside (pop. 310,651), 20.6% (113) were from Moreno Valley (pop. 197,838), and 7.8% (43) were from Perris (pop. 69,967), and 1.8% (10) were from Jurupa Valley (pop. 94,235). What issues were most important? Of the 548 participants in CD-41, 94.5% (518) identified the following as their top priorities:  25% (133) freeway maintenance  21.6 % (112) roadway maintenance  18.9% (98) public transportation  10.4% (54) other  8.3% (43) bicycles and walking  5.9% (31) traffic signals  4.2% (22) sidewalks, gutter and curb repair  3% (16) signage  1.7% (9) bridge maintenance 621 8 What issues were most important in each area? Moreno Valley Perris Riverside Jurupa Valley Freeway Maintenance 33.6% (38) 18.6% (8) 22.7% (87) 40% (4) Roadway Maintenance 23% (26) 23.2% (10) 19.8% (76) 20% (2) Public Transportation 15.9% (18) 32.5% (14) 17.2% (66) 20% (2) Other 9.7% (11) 2.3% (1) 10.7% (41) 10% (1) Bicycles and Walking 4.4% (5) 6.9% (3) 9.1% (35) Traffic Signals 4.4% (5) 6.9% (3) 6.0% (23) 10% (1) Sidewalks, Gutter and Curb Repair 1.7% (2) 0% (0) 5.2% (20) Signage 1.7% (2) 2.3% (1) 3.4% (13) Bridge Maintenance 0.8% (1) 2.3% (1) 1.8% (7) What is the daily commute like in Riverside County? (Optional questions) How do you generally commute to work? Of the 510 participants: 77.6% (396) responded that they drove, 14.9% (76) responded that they used another form of transportation in their daily commute to work, 2.7% (14) responded that they biked, 2.5% (13) responded that they took the bus, and 2.1% (11) responded that they walked. How long on average is your total (to work and back) commute? Of the 489 participants: 17.3% (85) responded that their commute was 10 minutes or less, 31.9% (156) responded that it was between 20 and 30 minutes, 19.0% (93) responded that it was between 40 and 60 minutes and 31.6% (155) responded that their commute was more than one hour. How often do you ride the bus? Of the 455 respondents: 89.2% (406) responded that they ride the bus less than once per month, 3.5% (16) responded that they ride the bus few times per week, 2.8% (13) people responded that they ride the bus every day, 1.9% (9) responded that they ride the bus once per week, 1.3% (6) responded that ride the bus every work day, and 1.0% (5) responded that they ride the bus once per month. 622 9 How often do you find yourself driving in “heavy” traffic? Of the 525 participants who answered this question: 34.4% (181) responded that they found themselves in heavy traffic every day, 15.8% (83) responded every work day, 28.9% (152) responded a few times per week, 8.9% (47) responded once per week, 3.0% (16) responded once per month and 8.7% (46) responded less than once per month. How would you rate your options for commuting in the Inland Empire? Of the 503 participants: 7.5% (38) people responded that their commute was great, 29.4% (148) responded that it was satisfactory, 50.8% (256) responded that it was unsatisfactory and 12.1% (61) responded that their daily commute was terrible. 623 10 V. Top 5 Reported Transportation Issues in District 41 1. Improving highway maintenance and construction on I-215 and SR-91 The most frequently cited issue from the survey was highway maintenance and construction along SR-91 and I-215. Respondents wrote that it was slowing their commute and making it more difficult for them to get to work. One resident from Moreno Valley said that, “I-215 is an absolute disgrace. The I-215 from Moreno Valley to Temecula has been neglected for so long.” A resident from Riverside, directly cited the half an hour increase in commute time construction has caused by stating, “SR-91/I-215 construction has slowed the normal 15 minute commute down from 15 minutes to 45 minutes between Riverside and Colton.” A resident from Perris mentioned commute time as well saying, “[the] I-215-91-60 intersections are really bad. It takes about 35 minutes to get out of there.” “The I-215 is an absolute disgrace. The I-215 from Moreno Valley to Temecula has been neglected for so long.” – Moreno Valley Resident 2. Expanding Metrolink services One way to address the tiresome commute in the Inland Empire on the highways would be to expand Metrolink services in the area. Many people mentioned that they would like to make use of the Metrolink but find it hard to use and instead drive. One resident from Riverside wrote, “I think more people might use public transportation such as Metrolink if there were more options to get people to their actual worksite. Once you get to your destination, there's not an easy way to get to your actual worksite.” A resident from Moreno Valley wanted an extension of the Metrolink “from Perris to Moreno Valley to Riverside to Union Station [in] LA.” Directly addressing the Perris Valley Line expansion, a Riverside resident said, “[the] Perris Valley Line is a critical element to the County’s ability to address transportation issues now and into the future.” A Perris resident would like to see “train service from Perris to Downtown Riverside early enough to get to the San Bernardino train lines. [I] would then be able to use public transport to get to work instead of driving 45 [miles] each way to get to Rancho Cucamonga.” The overall sense from the survey was that residents in the Inland Empire would like to use public transportation in their work commute, but they are unable to use the Metrolink in an efficient way. “[The] Perris Valley Line is a critical element to the County’s ability to address transportation issues now and into the future.” – Riverside Resident 624 11 3. Running buses longer and increasing bus frequency Another barrier for residents in Riverside County in accessing public transportation is the lack of evening buses. They would also like to see buses run more frequently. A Riverside resident suggested, “Continuing bus service to the Metrolink station into the evening so that arriving passengers can get a bus to the downtown terminal. It would also be a major improvement to expand the Metrolink schedule to provide public transport to other parts of Southern California at additional times.” A Perris resident mentioned the lack of bus routes from Riverside to Perris, requesting that they would like to see, “More bus routes from Perris to Riverside and Moreno Valley. Usually you can get to Riverside fine, but getting back is the problem.” Another Riverside resident mentioned that improving public transportation infrastructure would encourage public transit use as the cost of driving continues to rise. Lastly, a Moreno Valley resident whose daughter finishes work at 10:30PM mentioned the need for buses to run longer into the evening so his daughter could use them in her daily commute. “It would also be a major improvement to expand the Metrolink schedule to provide public transport to other parts of Southern California at additional times.” – Riverside Resident 4. Expanding Carpool lanes/widening freeways For the Inland Empire residents who commute on the freeways, a common request was for additional car pool lanes on SR-60, SR-91 and I-215. Many mentioned that they would like to see car pool lanes opened up after rush hour for use on the freeway during the day similar to freeways in the Bay Area. One resident from Riverside would like to see SR-91 widened specifically from Magnolia Avenue to Main Street. 5. Increased Bicycle paths Residents would like to see more bicycle paths throughout their neighborhoods and cities. They were most concerned about cyclist safety while in traffic due to the lack of bicycle lanes in the area. One Moreno Valley cyclist mentioned that due to construction on I-215 to Sycamore Canyon Road, it is even more dangerous for cyclists and pedestrians to travel than normal, especially without a designated bicycle path. A Riverside resident said, “Generally biking in this area is at your own peril.” Another Riverside resident felt that her biking commute could be improved if traffic lights could have sensors to detect cyclists without riders having to get off of their bicycles. “Generally biking in this area is at your own peril.”- Riverside Resident 625 12 VI. Other Issues Highlighted in the Survey: Disabled Transportation Services and Safety Beyond the top five most frequently referenced issues in the survey, participants also raised points regarding the lack of transportation services for disabled residents and highlighted specific areas where pedestrian and driver safety could be improved. 1. Disabled Transportation Services A few participants brought up how the lack of public transportation in Riverside County, especially the infrequency of buses, makes it extremely difficult for disabled individuals to remain mobile. They asked to see disabled priority busing increased and for more wheelchair curbs to be installed. 2. Safety Crosswalks Many participants recommended improving pedestrian safety by creating crosswalks in areas with heavy foot traffic and around schools. Unprotected left hand turns Another way to improve motorist safety would be to install protected left hand turn lights. Many cited particularly heavy traffic on Limonite Ave in Riverside and the need for left hand turn lights. Unprotected left hand turns are a common cause of accidents in the area. Protected left hand turn lights, especially in heavy traffic areas, are shown to improve safety, as well as lighten traffic on main roads. Intersections Participants specifically cited the need for traffic signals at multiple intersections throughout the area. Many wrote that the intersection of Murrieta Road and Nuevo Road in Perris needs a signal as it is currently a four way stop with heavy traffic and is hazardous to drivers. Speed bumps instead of stop signs Participants also noted that in many neighborhoods across the district, motorists either do not stop properly at stop signs, drive above the speed limit, or drive through stop signs altogether. A way to improve safety in neighborhoods and to slow down motorists would be to install speed bumps in these areas. 626 13 VII. Conclusions and Next Steps Overall, residents of Riverside County who answered the survey were most concerned about their commute and how it was impacted by the continuous construction on multiple freeways and the lack of a comprehensive public transportation system. To add context to these responses, the City of Riverside recently released results from the “Community Quality of Life Survey 2013” which polled residents and workers in Riverside regarding their quality of life. The survey was done in partnership with The Institute of Applied Research (IAR) at California State University, San Bernardino, and residents participated over the telephone, online, and in written response to a set of questions concerning many aspects of life in Riverside. According to the survey, 17.8% (the top answer to this question) of respondents said that traffic was what they liked the least about living in Riverside.5 Public transportation in Riverside received more of a mixed review. According to the survey, 37.6% of those who responded online rated public transportation as “fair” or “poor” compared to 25.4% of those polled over the phone. Of those questioned who were 65 and older, many respondents noted the need for better public transportation, especially for seniors. Access to transportation for seniors was not highlighted as an issue by constituents in response to Rep. Takano’s survey. This is most likely due to the fact that the survey was not mailed out and could only be accessed electronically. However, 68 seniors did respond to this survey electronically. This specific issue will be addressed in a future report because lack of transit access for seniors is growing problem in the Riverside-San Bernardino Metro Area. According to “Aging in Place, Stuck without Options,” a report by Transportation for America that evaluated public transportation access for seniors in metropolitan areas, 69% of seniors living in the Riverside-San Bernardino area will have poor public transit access by the year 20156. The report ranked the Riverside-San Bernardino region as the second least accessible, large metropolitan area for seniors in the country, behind only Atlanta, Georgia. Problems identified in the survey that are being addressed: Expanding SR-91 Many residents mentioned their frustration with traffic on the SR-91 corridor, which is used by more than 280,000 vehicles per day.7 While delays caused by construction will still continue, the good news is that the Department of Transportation recently granted a $422 million TIFIA (Transportation Infrastructure Finance Innovation Act) loan to the Riverside County Transportation Commission for the SR-91 Corridor Improvement Project to build new lanes on the Riverside County side of the highway. This project will extend two SR-91 tolled express lanes and build one general purpose lane between Orange and Riverside counties. 5 City of Riverside, California, Community Quality of Life Survey 2013. 6 Transportation for America, Aging in Place: Stuck Without Options: 16-17. 7 US Department of Transportation, U.S. Transportation Secretary Foxx Announces $421 Million Loan to Expand SR 91 in Southern California, http://www.fhwa.dot.gov/pressroom/fhwa1330.cfm (July 3, 2013). 627 14 Metrolink Expansion- Perris Valley Line Respondents from across District 41, but especially those in Perris, mentioned the need for the Perris Valley Line. After months of litigation, the Perris Valley Line is set to begin construction in the fall of 2013. Expanding Bus Services The Riverside Transit Agency’s Short Range Transit Plan for 2014-2016 proposes some solutions to problems outlined in the survey which includes late night bus service for high-demand routes, closing transit gaps between regions and reinstating service on major holidays.8 Beyond this short- term plan, RTA is currently conducting an in-depth comprehensive operational analysis study of the RTA bus system called the “RTA Forward 10-Year Transit Plan.” This will help RTA address the changing transit needs of the Inland Empire by conducting extensive outreach to bus riders, the general public, community groups and other stakeholders.9 To participate in their survey and for more information go to http://www.riversidetransit.tmdinc.net/. How to Address the Transportation Needs of the Inland Empire At the beginning of September, Representative Takano will be touring different sites, including those mentioned by constituents in their responses, and meeting with community stakeholders to better understand the needs of his district and what he can do to further address pressing issues. Public Transit Support We must continue to support funding for projects like the Perris Valley Line.  In support of the Perris Valley Line, Rep. Takano wrote a letter to then-United States Secretary of Transportation Ray LaHood asking him to protect the $75 million Small Starts grant from the Federal Transit Agency for the Perris Valley Line Project while litigation continued.  Rep. Takano also worked with other Members of Congress to send a letter to Secretary La Hood asking him to prevent the delay of $5.7 billion worth of transportation projects due to new Buy America requirements on utility relocations. The Representatives successfully convinced the Department of Transportation to give California utility companies a transitional period to comply with the Buy America program, so the transportation projects could move forward. In the Inland Empire, this directly impacts the State Route 91 Corridor Improvement Project. 8 The Transit Coalition, Going over RTA’s 2014-2016 Short Range Transit Plan, http://ttcinlandempire.blogspot.com/2013/05/going-over-rtas-2014-2016-short-range.html (July 4, 2013). 9 Riverside Transit Agency, Forward 10 Year Transit Plan, http://www.riversidetransit.tmdinc.net/about.html, (July 8, 2013). 628 15  Rep. Takano will continue to work with the Riverside County Transportation Commission and the Riverside Transit Agency to do what he can to support expanding public transit options for residents in the Inland Empire. Safe Streets Act The Safe Streets Act was recently introduced and would require states to adopt Complete Streets policies within two years for new federally funded projects or road improvements. Complete Streets policies take into account the needs of all roadway users, including pedestrians, cyclists, drivers, the disabled, and the elderly when designing and implementing new transportation projects. This is especially important for the Riverside-San Bernardino area as more seniors “age in place.” Ending the Sequester While the Highway Trust Fund is exempt from the across the board cuts due to sequestration, many other transportation programs are not. Many of the grant programs that fund and support new transportation projects across the country saw their funding cut. This includes programs like the New Starts grant program for fixed rail transit projects (the Perris Valley Line received a Small Starts grant from this fund) and TIGER grants that fund projects that have significant impact on the country, region or metropolitan, area. Amtrak also saw its funding cut significantly. Infrastructure Bank Establishing a National Infrastructure Bank to leverage private dollars to make much needed investments in infrastructure projects across the country should be a priority. A National Infrastructure Bank would provide loans and loan guarantees to projects, issue bonds to help fund projects, and offer subsidies to help states to help cover the interest payment on project bonds. This would allow the United States to make investments in critical infrastructure projects without adding to the deficit. Intelligent Transportation Systems (ITS) One way to address issues presented by aging infrastructure, without a huge price tag, is through the use Intelligent Transportation Systems (ITS) technology. ITS uses existing technologies to improve efficiency, prevent accidents, and decrease gridlock. Examples of Intelligent Transportation Systems include using ramp meters to improve highway flow, electronic fare payment systems to ease travel on public transit, and programs that update drivers about real-time roadway conditions.10 When Congressman Takano returns to Washington, DC in September, he will introduce a bill that will establish a grant program to encourage states, municipalities, and transit agencies to implement and expand the use of Intelligent Transportation Systems technology. 10 Transportation for America, The Most for Our Money: 24-28. 629 AGENDA ITEM 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Transportation Uniform Mitigation Fee Program – City of Corona Developer Credit Reimbursement TUMF AD HOC 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), in accordance with the Transportation Uniform Mitigation Fee (TUMF) Administrative Plan, 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 between the Commission and Corona that stipulates $665,000 will be paid to Corona upon execution of the agreement and additional reimbursement payments of up to 10 percent of annual TUMF budgeted regional arterial revenues will be reimbursed to Corona on June 30 of each year until the $3,051,636 obligation is completely satisfied; 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 TUMF regional arterial expenditures $490,000. BACKGROUND INFORMATION: At its September 11, 2013 meeting, the Commission discussed the TUMF developer credit reimbursement agreement between Corona and a developer in the amount of $3,051,636. A TUMF regional arterial improvement was completed on Foothill Parkway and Corona requested reimbursement stating the development project was recently completed and the developer met all the requirements in accordance with the agreement and TUMF Administrative Plan. In order for the developer to be reimbursed, the Commission reimburses Corona through an agreement, and then Corona reimburses the developer as stipulated in the original reimbursement agreement between Corona and the developer. Staff informed the Commission that five percent of annual TUMF budgeted Regional Arterial revenues have been set aside for TUMF developer credit reimbursements since notification of Agenda Item 9 630 the reimbursement agreement between Corona and the developer in November 2010. To date, $490,000 is available for developer credit reimbursements. Staff also proposed additional payments would be made based on the five percent annual set aside until the reimbursement is paid in full. The developer attended the Commission meeting and requested full payment in a shorter timeframe stating that the road improvement on Foothill Parkway was completed in 2007. Although developer credit reimbursements cannot be made until all building permits of the development project have been pulled and the city accepts the development project, which occurred in 2013, the Commission acknowledged the actual road improvement was completed a few years ago providing benefits to the public. Therefore, staff was directed to develop an alternative reimbursement payment plan that would result in full payment within a reasonable timeframe and also referred the item to the newly formed TUMF Ad Hoc Committee for further discussion. Staff developed an alternative reimbursement payment plan and presented it to the TUMF Ad Hoc Committee on September 23. The Committee and staff’s proposed recommended reimbursement plan consists of the following: •Increasing the developer reimbursement agreement set aside amount from 5 percent to 10 percent beginning in FY 2010/11; •First payment in the amount of $665,000, which is the cumulative total of 10 percent set aside for FYs 2010/11 through 2012/13 to occur upon execution of the agreement between the Commission and Corona; •Second payment of $315,000, based on 10 percent of FY 2013/14 TUMF budgeted revenues to occur on June 30, 2014 totaling $980,000 in payments through FY 2013/14; •Subsequent annual payments to be paid on June 30 of each year until reimbursement to Corona is complete; and •Future reimbursement agreements will be paid on a pro-rata basis if repayment is requested by more than one developer in a given year. The impact of the above recommendations results in a projected TUMF Regional Arterial balance of $854,000 at the end of FY 2014/15. Therefore, new project programming requests cannot be approved until such time that TUMF Regional Arterial funding is sufficient for programming. The TUMF Ad Hoc Committee, consisting of public works directors, will meet in January to review programming needs and the midyear budget revenue projections, and will discuss and/or recommend any TUMF programming actions that can be taken in the future. As a result of the recommendation for a 10 percent set aside amount, a FY 2013/14 budget adjustment of $490,000 is required to increase budgeted developer credit reimbursement expenditures to a total budgeted amount of $980,000. Agenda Item 9 631 Financial Information In Fiscal Year Budget: Yes No Year:FY 2013/14 FY 2013/14 Amount: $490,000 $490,000 Source of Funds: TUMF Regional Arterial Budget Adjustment: No Yes GL/Project Accounting No.: 210 72 86405 Fiscal Procedures Approved: Date: 09/25/13 Attachments: 1)Agreement No. 14-72-013-00 2)City of Corona Letter Dated July 8, 2013 Agenda Item 9 632 BLANK 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, among other things, establishes funding for any improved Regional Arterial System to be funded by Regional 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. 17336.02600\8166867.7 1 ATTACHMENT 1 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 4.2.4 below, installment payments of the Funding Amount shall be made on an annual basis at the end of each fiscal year (June 30th). The amount of available funds set aside in RCTC’s TUMF developer credit reimbursement account as of October 2013 is Six Hundred Sixty Five Thousand Dollars ($665,000). An initial lump sum payment installment shall be made by RCTC to the City in the amount of $665,000 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 Funding Obligation. During the term of this Agreement, RCTC shall deposit ten percent (10%) of budgeted TUMF Regional Arterial funds in RCTC’s TUMF developer credit reimbursement account. In the event multiple developers claim reimbursement of TUMF funds, available funds set aside in RCTC’s TUMF developer credit reimbursement account shall be distributed on a pro-rata basis to developers based upon the total value of the reimbursement to which each developer is entitled. 4.2.4 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. 17336.02600\8166867.7 2 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. 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 Termination. This Agreement may be terminated for cause as further specified below. 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. 17336.02600\8166867.7 3 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 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. 17336.02600\8166867.7 4 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: CITY OF CORONA RCTC Transportation Department Riverside County Transportation Commission 400 South Vicentia Avenue 4080 Lemon, 3rd Floor Corona, CA 92879-0940 Riverside, CA 92501 ATTN: Kip Field, Public Works Director 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. 17336.02600\8166867.7 5 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. 4.25 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] 17336.02600\8166867.7 6 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 Dean Derleth, City Attorney Counsel to the Riverside County Transportation Commission ATTEST: By: __________________________ Its: City Clerk 17336.02600\8166867.7 7 EXHIBIT “A” LETTER OF JULY 8, 2013, FROM CITY OF CORONA TO RCTC [to be attached] Exhibit A 17336.02600\8166867.7 ATTACHMENT 2 TUMF Developer Reimbursement Agreement –City of Corona October 9, 2013 TUMF Developer Reimbursement Agreement –Background September 11, 2013 Commission meeting: •Presentation regarding TUMF Reimbursement Agreement between Corona and a developer (Farwest) for an improvement project on a regional arterial (Foothill Parkway). •The reimbursement amount totals $3,051,636 •Staff recommendation: reimburse the developer from the 5 percent set aside, $490,000 •Developer requested payment in a shorter timeframe •Commission recommended deferring the item to the TUMF Ad Hoc Committee Developer Reimbursement – Ad Hoc Committee/Staff Recommendation Recommendation to Reimburse Corona/Developer -$3,051,636 •Developer Reimbursement Set Aside:Increase from 5 percent to 10 percent, beginning FY 2011 •TUMF Regional Arterial Revenue: $3.1 million -FY 2014/$3.5 million -FYs 15-20 (est.) •Developer Repayment Schedule:*1st payment = $ 665,000 (FYs 11–13) June 30, 2014 = $ 315,000 June 30, 2015 = $ 350,000 June 30, 2016 = $ 350,000 June 30, 2017 = $ 350,000 June 30, 2018 = $ 350,000 June 30, 2019 = $ 350,000 June 30, 2020 = $ 321,636 *Upon Execution of Agreement $3,051,636 -If revenues are higher or lower than the payment amount and schedule will be adjusted up or down according to 10 percent of the annual Regional Arterial budgeted amounts. Note –Corona/developer will receive a total of $980,000 by end of FY 2013/14. TUMF Regional Arterial Balance with 10% Set Aside for Reimbursements Estimated TUMF Regional Arterial fund balance−June 30, 2013 $ 18,531,000 $ 18,531,000 FY 2013/14 TUMF Regional Arterial budget: TUMF revenues and interest income $ 3,168,000 $ 3,168,000 TUMF expenditures for above projects (12,309,000) (12,309,000) Other TUMF – related expenditures (852,500) (852,500) Developer credit expenditures (490,000) (980,000) Excess of expenditures over revenues (10,483,500) (10,483,500) (10,973,500) (10,973,500) Projected TUMF Regional Arterial fund balance−June 30, 2014 8,047,500 7,557,500 FY 2014/15 TUMF Regional Arterial budget: TUMF revenues 3,168,000 3,500,000 TUMF expenditures for above projects (9,001,000) (9,001,000) Other TUMF – related expenditures (852,500) (852,500) Developer credit expenditures (157,500) (350,000) Excess of expenditures over revenues (6,843,000) (6,843,000) (6,703,500) (6,703,500) Projected TUMF Regional Arterial fund balance−June 30, 2015 $ 1,204,500 $ 854,000 Original (at 5%)Revised (at 10%) Impacts to New Project Programming Requests Revised Balance at end of FY 2015:$ 854,000 Total New Project Programming Requests:$32,439,000 Balance vs Programming Requests:($31,585,000) FYs 2013/14 & 2014/15 New Project Programming Requests: Agency Project FY 13/14 FY 14/15 Total Phase Lake Elsinore I-15 Railroad Cyn IC $ $ 289 $ 289 PA&ED Moreno Valley Perris Blvd (Ironwood-Manz.) 1,700 1,300 3,000 Cons Riverside Co.Van Buren (Washington-Wood) 2,000 2,900 4,900 PS&E, Cons Jurupa/East. I-15 Limonite Interchange 4,250 20,000 24,250 R/W, Cons Total $7,950 $24,489 $32,439 -No new project programming for TUMF Regional Arterial Funds until sufficient funds are available. -Future programming will continue to give priority to construction activities -TUMF Subcommittee will review programming requests after completion of Multi-funding Call for Projects and mid-year budget process (in January 2014). Next Steps Recommended Policy Revisions to WRCOG TUMF Administrative Plan: 1)RCTC to review and concur with developer reimbursement agreements prior to execution of agreement between local agency and developer 2)RCTC to establish a proposed repayment schedule for inclusion in the reimbursement agreement 3)Developer will provide project schedule, including date of development project completion, TUMF credit reconciliation, and date of repayment request for inclusion in the reimbursement agreement 4)Future TUMF Regional Arterial Developer Reimbursements –if multiple reimbursements requests are received in a given year, payments will be made on a pro-rata basis 5)Establish policy to address “stockpile” of developer reimbursement set aside amount Recommended Actions 1)Approve reimbursement of $3,051,636 to the city of Corona 2)Approve agreement 14-72-013-00 between the Commission and Corona; $665,000 1st payment in FY 2014, $315,000 2nd payment in FY 2014, subsequent reimbursements will be based on 10 percent of annual TUMF budgeted regional arterial revenues 3)Authorize the Chair or Executive Director to execute the agreement 4)Approve a budget adjustment to increase TUMF expenditures by $490,000 in FY 2013/14 Future Actions: -Staff will prepare a letter to WRCOG to incorporate recommended policy revisions to the TUMF Administrative Plan -Schedule RCTC/WRCOG TUMF Coordination Committee -Bring back TUMF Administration Plan revisions to Commission for approval AGENDA ITEM 10 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Eastern Riverside County Programs and Projects Committee Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Rail Service Through the Pass Area to the Coachella Valley EASTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission: 1) Approve the Memorandum of Understanding (MOU) No. 14-25-034-00 between the Commission and the Coachella Valley Association of Governments (CVAG) whereby the Commission shall establish and administer the Coachella Valley Rail fund; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize staff to set aside Transportation Development Act (TDA) State Transit Assistance (STA) funding to be utilized specifically for the Coachella Valley in support of the rail program at specified multi-year levels; 4) Approve a bus/rail funding split and the terms and conditions; 5) Approve an amendment to the Commission’s Commuter Rail Short Range Transit Plan (SRTP) to set aside $4.2 million of Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds to initiate Coachella Valley Rail through the Pass Area; 6) Authorize staff to seek approval to apply for a letter of no prejudice (LONP) for Proposition 1B funds to allow the Commission to expend local funds prior to the state bond sale and disbursement; 7) Authorize staff to establish a Coachella Valley Rail specific SRTP and establish a separate funding and accounting process at the Commission; 8) Authorize the Executive Director to execute a letter of understanding with Caltrans in support of project development; 9) Adopt Resolution No. 13-042, “Resolution of Support to Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area”; and 10) Receive an update on next steps for Coachella Valley Rail project development, including the service development plan, alternatives analysis, and discussion on potential for future environmental analysis. Agenda Item 10 633 CVAG MOU and TDA Funding At its September 30, 2013 meeting, the CVAG Executive Committee approved a MOU between the Commission and CVAG to establish a funding split of Coachella Valley TDA funds. All of these TDA funds are currently allocated to SunLine Transit Agency (SunLine), and the intent is to allocate 10 percent of the STA discretionary portion of the TDA funds, using a phased-in approach, in order to support a Coachella Valley Rail program. The intent of the MOU is to allow the Commission to set aside those TDA funds into a Coachella Valley Rail fund to be used only for capital costs to improve stations, staff support, as well as funding for technical studies. This funding split is to be effective beginning in FY 2014/15 using a proposed phased approach, as follows: Fiscal Year Coachella Valley Rail Funding FY 2014/15 5 percent of the STA portion of the TDA funds FY 2015/16 7 percent of the STA portion of the TDA funds FY 2016/17 and annually thereafter 10 percent of the STA portion of the TDA funds In FY 2013/14, 10 percent of Coachella Valley STA portion of the TDA funds is estimated at approximately $1.2 million. TDA funds are utilized on a wide variety of transportation programs throughout the state including Riverside County. These activities include planning and programming activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects. As an example, in Western Riverside County these funds are split, with 78 percent of the Local Transportation Fund and discretionary STA portions of the TDA funds directed to bus transit services and the remaining 22 percent to passenger rail transit. In the Coachella Valley, no TDA funds are currently set aside for a passenger rail program. However, an argument can be made that technical work needs to continue on development of the Los Angeles to Coachella Valley corridor in the state rail plan. This work will demonstrate the Coachella Valley’s commitment toward implementing a robust rail program and thereby serve as a lever to unlock federal and state sources of funding and other support for necessary environmental work, as well as future operations funding. SunLine is the only designated public transit operator in the Coachella Valley currently authorized by the state to receive these funds. Accordingly, the establishment of the Coachella Valley bus/rail split will have an impact on bus transit operations. The phased-in approach recommended by staff is intended to provide SunLine with lead time in order to mitigate any potential budgetary impacts. It should be recognized the STA portion of the Coachella Valley funds to be allocated for rail purposes are now used to fund a wide variety of capital improvement projects at SunLine, including the financing of fleet replacement activities. While not an immediate need, prudent planning requires fleet replacement be considered years in advance to accumulate cash Agenda Item 10 634 reserves to finance the purchase of heavy duty buses, light duty ADA vehicles, and necessary support vehicles. SunLine’s fleet plan will need $3.5 million per year in order to finance fleet replacement vehicles and those necessary for service expansion through 2030. SunLine has been involved in the development of this plan and is working in partnership with the Commission and CVAG in order to promote close coordination of bus and rail needs so that both programs operate successfully. The MOU with CVAG will support a Coachella Valley Rail fund. These funds would be internally maintained at the Commission in a separate account while expenditures would be authorized by CVAG’s Executive Committee. This would be similar to current arrangements for the Coachella Valley Highway and Regional Arterial program where the Commission acts as a fiscal agent pursuant to Measure A, but actual expenditures are authorized by CVAG in accordance with its Transportation Project Prioritization Study. CVAG Executive Committee decisions regarding the Coachella Valley Rail fund would only impact passenger rail projects to occur within the Coachella Valley. The Coachella Valley Rail fund would initially be used to improve stations with projects that have independent utility, provide funding for technical studies, and limited project management staff support. Commuter Rail Short Rail Transit Plan Amendments/Proposition 1B Authority The Commission’s SRTP includes goals for the Commission’s Regional Commuter Rail program and provides detailed information about existing services and facilities, financial forecasts and plans, as well as planned and proposed improvements to be implemented. The Commission oversees transit service in Riverside County primarily through the approval of SRTPs that detail the operating and capital costs planned for transit services. Each operator adopts such a plan and then provides data to the Commission on performance. As SRTPs are based upon estimates of future projects, it is necessary to subsequently amend these documents upon completion or changes to specified projects and circumstances. The Commuter Rail program is thus requesting amendments to its FY 2013/14 Commuter Rail SRTP in order to use state grant funds to preserve local funds. Staff recommends amending the FY 2013/14 SRTP to allocate the total of unobligated FYs 2010/11 – 2012/13 PTMISEA funds of $4.2 million to the Coachella Valley Passenger Rail project. Funding Year From To Amount Proposition 1B PTMISEA FY 2010/11 – 2012/13 Unobligated Coachella Valley Passenger Rail Project $4,200,000 In addition, staff seeks Commission approval to request a LONP for the Proposition 1B funds from the state in order to allow the project to move forward using local Commission funds to initiate work if the state grant funds are delayed. This ensures the Commission will eventually receive the state funding in the future. Agenda Item 10 635 Coachella Valley Rail Short Rail Transit Plan and Funding Authority Transit operators and programs are required to develop SRTPs to identify service plans, capital and operating expenditures, and funding plans for each year. As the project development continues for the Coachella Valley rail service, it is important to establish the program as a unique transportation project that will have its own SRTP and funding program. The Commission’s rail staff will develop and update the SRTP annually to bring forward funding and expenditure plans to the Commission for approval. In addition, individual project codes will be established in the Commission’s financial system for this program to provide ultimate transparency and clarity in the accumulation and use of Coachella Valley Rail funds. Staff is requesting Commission approval to establish the SRTP and acknowledge the funding program so that clear project reporting will be made available. Coachella Valley Rail Caltrans Letter of Understanding As with any major transportation project, there is the need for a strong network of partners. Commission staff has not only been working closely with CVAG but also with Caltrans and the Federal Railroad Administration (FRA). Historically on other corridors, Caltrans has been the project lead and, for this project, it has already initiated an initial planning study and the ongoing commitment to keep the project clearly represented in the state rail plan. Through several planning meetings, it has been determined the best approach going forward would be for the Commission to take a leadership role in the next round of service planning with the close support of Caltrans and FRA. As part of these discussions, Caltrans generously volunteered to use its own resources and contract authority to implement and complete the ridership modeling portion of the service development plan. This model is the only Caltrans and Federal Transit Administration approved ridership model and was developed by AECOM and Amtrak for intercity rail ridership projections using 30-mile station catchment zones. The Commission and Caltrans would like to enter into a letter of understanding that clarifies the respective roles and responsibilities of each agency during the project development phase of this project. Staff is seeking Commission approval to allow the Executive Director to complete negotiations and enter into a letter of understanding with Caltrans. Coachella Valley Rail Resolution As the Commission has done for many critical projects in the past, staff is proposing Resolution No. 13-042, “Resolution of Support to Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area”, be adopted. This effort will formalize the support and commitment of the Commission to continue to pursue the passenger rail program that will provide service to the Coachella Valley and Pass Area communities. Project Description and How it Builds on Past Efforts Providing some form of passenger rail service to the Coachella Valley has been a long-standing priority for the area for more than two decades with the first studies completed in the early Agenda Item 10 636 1990’s. Additional studies have been performed over time with one of the more recent efforts completed in April 2010. This study was completed through coordination by CVAG, the Commission, and Schiermeyer Consulting Services and adopted by the CVAG Executive Committee on October 25, 2010. On November 10, 2010 the Commission reaffirmed its formal support for implementation and expansion of intercity Amtrak rail service to the Coachella Valley and directed staff to coordinate with CVAG and local communities to advocate for the service. To follow up on that effort the Commission adopted a formal Resolution No. 11-001 in support of Amtrak’s plan to run the Sunset Limited daily through the Coachella Valley. In May 2013 the state of California Division of Rail (Caltrans) completed the first phase of a planning study and initial alternatives analysis for the rail corridor. This planning study was very supportive of the potential for a viable service, and future studies can expand on this by determining ridership demand and better cost estimates. Caltrans also included an updated project description and analysis of the Coachella Valley service in the latest state rail plan, which was approved on September 5, 2013 by the State Transportation Agency. The next update will take place in 2017. As the result of past studies from both CVAG and the Commission, it was determined that using state-supported intercity trains presents the best alternative for developing service along the corridor. The 141-mile trip between Los Angeles and the Coachella Valley would cross four counties. Stops and station locations are yet to be determined. Due to the trip length and time of approximately three hours, Amtrak-style service with larger seats and food service would be more appealing to the riders. In addition, the service would operate over Union Pacific and BNSF tracks and, in general, Amtrak has a greater ability to initiate service over freight railroads based on a national agreement. The initial service plan would be for two daily round trips along the corridor. The next round of studies will look at various track alignments, routes, station alternatives and determine ridership forecasts. The primary effort for this will be the initiation of a service development plan. Agenda Item 10 637 Next Steps: Service Development Plan The true success of this effort will be to develop comprehensive and convincing planning documents that will allow Coachella Valley rail to compete for limited state and federal rail funds. The project purpose and need will have to be compelling and the ridership potential thoroughly demonstrated. The FRA staff already made it very clear that several rail alignments and alternatives must be studied and compared in order for the project to be viable. In the July 1, 2010 Federal Register notice on High-Speed Intercity Passenger Rail (HSIPR) program, it clearly outlines the planning process needed to be eligible to for HSIPR Funds. This process identifies the need for a service development plan (SDP) with the following requirements: • Clearly demonstrate the purpose and need; • Analyze alternatives for the proposed passenger rail service; • Identify the alternative that best meets the purpose and need; • Identify the discrete capital projects required; and • Demonstrate the operational and financial feasibility. Both Caltrans and FRA have been working to either develop or approve these SDP’s for various corridors across the state and country and offered some very helpful suggestions on how the Commission can best conduct this planning effort. The following phase that can take place either after or parallel to the SDP process is the need for National Environmental Policy Act (NEPA) documentation with either an environmental assessment or an environmental impact statement. The intent is for Commission staff to initiate a Request for Proposal to hire a highly qualified consulting firm capable of conducting both the SDP and potentially the NEPA documentation in order expedite project development. As with any procurement process the final selection and approval will be brought back to the Commission in early 2014. Financial Information In Fiscal Year Budget: No Years: FY 2013/14 Amount: $4,200,000 revenues $100,000 expenditures Source of Funds: Proposition 1B PTMISEA Budget Adjustment: Yes GLA No.: 245-25-41501 $ 4,200,000 State revenues 245-25-81501 $ 100,000 Special studies expenditures Fiscal Procedures Approved: Date: 10/01/2013 Attachments: 1) CVAG/RCTC MOU 2) Draft Caltrans Letter of Understanding 3) Resolution No. 13-042 Agenda Item 10 638 Memorandum of Understanding between the Riverside County Transportation Commission and the Coachella Valley Association of Governments This Memorandum of Understanding (MOU), entered into effect on _________, 2013 between the Riverside County Transportation Commission (RCTC) and the Coachella Valley Association of Governments (CVAG) outlines the general responsibilities of each agency and to establish a relationship between RCTC and CVAG to guide coordination regarding future passenger rail service to the Coachella Valley. This service is part of a larger, corridor-wide effort to improve rail transportation in the Southern California region and studies may be required to demonstrate need and viability for service from the Coachella Valley to both Los Angeles and Phoenix. The MOU will act as a guideline for RCTC and CVAG, and is not intended to supplant any of the responsibilities of the parties under other agreements between the parties or applicable state or federal laws. This MOU constitutes a guide to the intentions and strategies of the parties involved and is not a legally binding contract. Whereas, RCTC funds and administers, in conjunction with other regional partners, a rail program in W estern Riverside County, and; Whereas, RCTC employs staff with rail funding and programming expertise, and; Whereas, RCTC is authorized by State law to receive and distribute Transit Development Act (TDA) funds for transit and transit related uses in Riverside County, and; Whereas, RCTC enjoys a long-standing financial partnership with CVAG regarding the portion of the Measure A one-quarter percent State sales tax funds dedicated to Coachella Valley State Highways and Major Regional Road Projects administered by CVAG, and; Whereas, on April 29, 2013, the CVAG Executive Committee established a 90% Bus Transit/ 10% Passenger Rail Services Split Policy for Coachella Valley TDA funds which would be progressively phased in over a 3-year term, and; Whereas, RCTC agrees to distribute and utilize the TDA portion of the Coachella Valley Passenger Rail Funds consistent with the directions of the CVAG Executive Committee, or its designee, the CVAG Executive Director, with input from the CVAG Transportation Committee and in compliance with TDA law specifically for and within the Coachella Valley, and; Whereas, CVAG wishes to establish a similar relationship through this Memorandum of Understanding whereby RCTC will receive and maintain a specific percentage of Transit Development Act funds otherwise authorized to be released for use in the Coachella Valley along with other potential funding sources, such as Proposition 1B monies, Federal Railroad Association monies, and other state and federal grant monies that may become available to RCTC for this purpose, which, jointly together, shall be defined as a distinct Coachella Valley Passenger Rail Fund, and; Whereas, RCTC’s Coachella Valley passenger rail activities are corridor based and may include geographic regions outside of the Coachella Valley in order to determine ridership and revenue feasibility, and; ATTACHMENT 1 639 Whereas, on March 29, 1999, the CVAG Executive Committee authorized formation of the Coachella Valley Intermodal Transportation Authority and adopted Bylaws under authority of SB 459. Now, therefore, it is agreed by this Memorandum of Understanding; To allow RCTC to establish the Coachella Valley Passenger Rail Fund by making available and utilizing $4.2 million in Rail Proposition 1B Public Transportation Modernization Improvement and Service Enhancement Account Program funds, or similar funding sources and amounts, as initial start up funding, and; Based on the needs of the project Proposition 1B funds have will be used along with Coachella Valley TDA funds for further development and operations of the Coachella Valley Passenger Rail Service. Coachella Valley TDA funds will be made available and used after the capital, operations and fun reserve needs of SunLine Transit Agency are clearly identified, and; That the 90% bus/ 10% rail split of TDA funding and timing of available funds may be periodically modified by the CVAG Executive Committee and associated provisions of the MOU would be automatically adjusted, and; To allow RCTC, in consultation with CVAG and SunLine Transit Agency, to direct funds from either the State Transit Assistance (STA) portion or the Local Transportation Fund (LTF) portion of the TDA funds into the Coachella Valley Passenger Rail Fund, however, it is assumed that a majority of such funds will be derived from the STA portion of the TDA funds, and; To allow RCTC to fund, with the approval and consultation of CVAG’s Executive Committee, or designee, the CVAG Executive Director, Station Development or other studies, provide capital funding for approved stations, provide funding to support operations and related services, and; To allow RCTC to charge the Coachella Valley Passenger Rail Fund for staff time and overhead in an amount not to exceed 10% of any individual project costs. Any amount above 10% shall require prior approval by CVAG. Consultants and contractors retained by RCTC expressly for work on the Coachella Valley Rail Project shall be billed to the Rail Fund at 100% of contractual value and/or actual incurred expense, and; RCTC will regularly track revenues and expenses of the Coachella Valley Passenger Rail Fund and provide at least annual reports to CVAG on the status of the Fund, and; If so determined by the CVAG Executive Committee, CVAG agrees to sponsor legislation seeking to modify the Coachella Valley Intermodal Transportation Authority Act, as adopted by CVAG on March 29, 1999, to allow the Intermodal Authority to be recognized under TDA law to directly receive TDA funding and to clarify, by language satisfactory to SunLine Transit Agency, that the Authority was not established to operate a bus transit service in the Coachella Valley. RCTC will act in a support role as necessary. CVAG will propose modifying 640 language and RCTC staff and/ or lobbyists, on RCTC approval, will attempt the implementation of those changes. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives on the date first written above: ATTEST: RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: ________________________________ By: __________________________ Jennifer Harmon Karen Spiegel Clerk of the Board Chair ATTEST: CVAG By: _______________________________ By: __________________________ Tom Kirk Don Adolph Executive Director Chair 641 BLANK September 19, 2013 -DRAFT- Mr. William D Bronte Ms. Katie Benouar California Department of Transportation 1120 N Street Sacramento, CA 95814 Subject: Mutual support for the development of the Coachella Valley Rail Corridor Service Development Planning Study. Dear Mr. Bronte and Ms. Benouar: This correspondence is intended to set forth the mutual understanding between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public entity within the State of California (Commission), and the CALIFORNIA DEPARTMENT OF TRANSPORTATION, a public entity within the State of California (Caltrans) regarding their roles to develop the Coachella Valley Rail Corridor Service Development Planning Study. The Commission is taking the lead on the implementation of a Service Development Planning Study (Study) to deliver rail service in the Coachella Valley Rail Corridor. This Study is intended to be a planning exercise which shall define and analyze several service options which include analysis of: rail capacity, land- use, capital improvements and costs, environmental impacts, operations and maintenance (O&M) costs, and ridership and revenue forecasts. The Commission and Caltrans intend to collaboratively review the work product resulting from the Study. The Commission will fund the Study at its own expense. Caltrans will provide the ridership and revenue modeling component of the Study using the Caltrans/Amtrak intercity rail model. Neither the Commission nor Caltrans shall incur any financial obligation to the other as a result of this effort. Caltrans will: •provide guidance for the Study, including project scope and document review, so that the Study is more likely to satisfy Caltrans and FRA expectations; •support the planning effort by providing the ridership and revenue modeling component of the Study; •participate in Study related meetings as needed; and •meet with the Commission to discuss options for future operating and capital state and federal funding for the Coachella Valley service. The Commission will: •conduct the Coachella Valley Rail planning development, including issuing an RFP, providing project management and funding the Study; •coordinate the planning effort with Caltrans, FRA, and other state and local partners; •provide to Caltrans travel demand, population information, stations and service plans, and any other input needed for ridership and revenue modeling; •share draft study documents with Caltrans for review and comments prior to documents being finalized; ATTACHMENT 2 ϲϰϮ • provide final documents to Caltrans; and • identify and manage local funding to be used as match for future state and federal funding. Your signature below confirms that this letter accurately reflects the roles and responsibilities for the Coachella Valley Rail Corridor Service Development Planning Study between our organizations. Sincerely, Anne Mayer, Executive Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION I have read the above letter and by signing below I confirm that this letter accurately reflects the roles and responsibilities for the Coachella Valley Rail Corridor Service Development Planning Study between our organizations. Date__________________ Date__________________ ______________________ ______________________ William D Bronte, Chief Katie Benouar, Chief Division of Rail Division of Transportation Planning California Department of Transportation California Department of Transportation ϲϰϯ RESOLUTION No. 13-042 RESOLUTION OF SUPPORT TO ESTABLISH DAILY INTERCITY RAIL SERVICE FROM LOS ANGELES TO THE COACHELLA VALLEY VIA THE PASS AREA WHEREAS new regional intercity passenger rail service to the Coachella Valley will ease congestion on local roads and freeways, providing new economic opportunity, improving mobility and the quality of life in the Inland Empire; and WHEREAS Amtrak currently runs the Sunset Limited train three days a week with service between Los Angeles and Coachella Valley in Riverside County at inconvenient schedules; and WHEREAS there are limited public transit options exist between Coachella Valley and Los Angeles; and WHEREAS the need for daily convenient intercity passenger rail service is growing as an environmental friendly alternate to the I-10 freeway; and WHEREAS the Coachella Valley and the Pass Area are experiencing rapid population growth and demand on this route will continue to increase; and WHEREAS there is strong local support to establish new intercity rail passenger service in the Coachella Valley and the Pass Area; and WHEREAS Coachella Valley Association of Governments approved establishing a dedicated source of initial funding for the project; and WHEREAS Caltrans Division of Rail has included the Coachella Rail Service as a proposed corridor in the latest revision of the State Rail Plan; and WHEREAS Caltrans Division of Rail completed a Planning Study, which serves as the alternatives analysis which demonstrates significant justification for the project including ridership potential and populations served; and WHEREAS the development of a full Service Development Plan and initial Environmental Documents in coordination with Caltrans Division of Rail and the Federal Railroad Administration is the next step in making the project eligible for federal transportation funds; and WHEREAS new service to the Coachella Valley could use the Burlington Northern Santa Fe (BNSF) Route between Los Angeles and Colton, the Union Pacific route from Colton to Indio, and LA Metro owned tracks into LA Union Station; and ATTACHMENT 3 644 WHEREAS the implementation of this service will require the cooperation of Union Pacific, BNSF and LA Metro to operate the trains over the host railroads; and NOW, THEREFORE BE IT RESOLVED that the Riverside County Transportation Commission does hereby support the establishment of Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area; and BE IT FURTHER RESOLVED that the Riverside County Transportation Commission will actively oversee the completion of the Service Development Plan to directly facilitate progress towards daily rail service. 645 CVAG –RCTC MOU •Memorandum of Understanding •Establishes joint participation in project development •Set up a 10 percent rail / bus split of TDA (STA) Funds •Phased in approach with 5 percent starting in FY 2014/15 •The needs of SunLine will still be considered •Includes $4.2 million of RCTC Proposition 1B funds as seed money •CVAG Executive Committee will authorize expenditures of local funds •Local funds shall only be expended in Coachella Valley RCTC Actions •CVAG requests to establish the rail split, staff concurs with the recommendation •Approve a Short Range Transit Plan Amendment to allocate $4.2 million of Proposition 1B funds for the CV Rail project •Request a Letter of No Prejudice in expedite the project •Establish an independent Short Range Transit Plan for Coachella Valley Rail •Establish unique funding mechanisms to separate Coachella Valley Rail funding at RCTC RCTC –Caltrans Letter of Understanding •Formalize a partnership with Caltrans to proceed with project development •Caltrans would support the project with intercity rail ridership modeling and guidance •RCTC would take the lead in creating the Service Development Plan and initial Environmental documents •Both agencies would work closely with FRA and other stakeholders to have an open and transparent process Ridership Model –Catchment Zones Resolution of Support for Daily Service •Formalize Commission support with a Resolution •Now, Therefore Be It Resolved that RCTC does hereby support establishment of Daily Intercity Rail Service From Los Angeles to Coachella Valley via the Pass Area •Also that RCTC will actively oversee the completion of the Service Development Plan to directly facilitate progress towards daily rail service Next Steps •RFP for Service Development Plan and Environmental •Clearly demonstrate purpose and need •More detailed Alternatives Analysis •Ridership demand and benefits of connections •Identify required capital projects •Demonstrate operational and financial feasibility Discussion TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: October 2, 2013 SUBJECT: Possible Conflicts of Interest – Riverside County Transportation Commission Agenda of October 9, 2013 The October 9, 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. 8B – Amendment to Agreement for On-Call Strategic Partnership Advisor Services with Parsons Brinckerhoff, Inc. Consultant(s) Parsons Brinckerhoff, Inc. 451 E. Vanderbilt Way, Suite 200 San Bernardino, CA 92408 Douglas Sawyer, Senior Vice President Agenda Item No. 8D – Awards for Construction Freeway Service Patrol Tow Truck Service During the Construction of the State Route 91 Corridor Improvement Project Consultant(s): E & S Towing Enterprises, Inc. DBA Steve’s Towing 5527 28th Street Riverside, CA 92509 Miguel Leyva, Vice President