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01 January 8, 2014 Commission• TIME/DATE: LOCATION: Hiverside County Transportation Commission MEETING AGENDA 9:30 a.m. / Wednesday, January 8, 2014 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside itr► COMMISSIONERS 'web Chair— Marion Ashley Vice Chair— Daryl Busch Second Vice Chair —Scott Matas RECORDS COMM-COMM-00032 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 To Be Appointed / 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. Tara Byerly From: Tara Byerly Sent: Thursday, January 02, 2014 4:48 PM To: Tara Byerly Cc: Jennifer Harmon Subject: RCTC January Commission Agenda 01.08.2014 Attachments: Conflict of Interest Memo.pdf; Conflict of Interest Form.pdf Importance: High Good afternoon Commissioners: The January Commission Agenda for the meeting scheduled for Wednesday, January 8, 2014 @ 9:30 a.m. is available. Please copy the link: http://www.rctc.org/uploads/media items/ianuarv-8-2014.original.pdf In addition for your review is the attached conflict of interest memo and the form. Please let me know if you have any questions. Thank you. Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Tara Byerly From: Tara Byerly Sent: Monday, January 06, 2014 7:17 AM To: Tara Byerly Subject: RCTC January Commission Agenda Importance: High Good morning Commission Alternates: The January Commission Agenda for the meeting scheduled for Wednesday, January 8, 2014 @ 9:30 a.m. is available. Please copy the link: http://www.rctc.orauploads/media items/ianuary-8-2014.original.pdf Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 1 Jennifer Harmon From: Justus, Kerstin [KJustus@rcbos.org] Sent: Thursday, January 02, 2014 1:09 PM To: Jennifer Harmon Subject: RE: RCTC: Potential Conflict of Interest - January 8 Meeting Thank you. From: Jennifer Harmon [mailto:JHarmon@rctc.org] Sent: Thursday, January 02, 2014 1:07 PM To: Districtl; Justus, Kerstin Subject: RCTC: Potential Conflict of Interest - January 8 Meeting Good afternoon Commissioner Jeffries: This e-mail is to notify you that Best Best& Krieger LLP reported campaign contributions to you in the total amount of $ 2,150 on January 17 and November 20, 2013, on the Conflict of Interest Disclosure Form related to the agenda item for "Fiscal Year2013/14 Mid -Year Budget Adjustments" that will be a part of the January 8 Commission meeting. RCTC members may not participate in any discussion or action concerning an agreement or amendment if a campaign contribution of more than $250 is received in the past 12 months and for 3 months following from any entity or individual listed. Please contact me if you have any questions. Respectfully, Jennifer Harmon Office and Board Services Manager/Clerk of the Board Riverside County Transportation Commission 1 Riverside County Transportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: January 2, 2014 SUBJECT: Possible Conflicts of Interest — Riverside County Transportation Commission Agenda of January 8, 2014 The January 8, 2014 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. 8A — Fiscal Year 2013/14 Mid -Year Budget Adiustments Consultant(s) Best Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 Steve DeBaun, Partner • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, January 8, 2014 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 —NOVEMBER 13, 2013 Riverside County Transportation Commission Agenda January 8, 2014 Page 2 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, BUILDING ACCESS EASEMENT, BUILDING DEMOLITION EASEMENT, PERMANENT NON-EXCLUSIVE AERIAL EASEMENT, PERMANENT FOOTING EASEMENT, PERMANENT WALL FOOTING 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. 115-060-024; 118-160-071; 118-160-020 AND 118-160-022; 118-090-003; 118-250-014 AND 118-250-022; 117-103-021; 118-250-020; 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. 14-001, 14-002, 14-003, 14-004, 14-005, 14-006, 14-007, and 14-008, "Resolutions of Necessity for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, Permanent Non -Exclusive Aerial Easement, Permanent Footing Easement, Permanent Wall Footing 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. 115-060-024; 118-160-071; 118-160-020 and 118-160-022; 118-090-003; 118-250-014 and 118-250-022; 117-103-021; 118-250-020; and 117-114-01Z Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), between Pierce Street on the East to the County Line on the West, in Riverside County, California. 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. Riverside County Transportation Commission Agenda January 8, 2014 Page 3 • 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. FISCAL YEAR 2013/14 MID -YEAR BUDGET ADJUSTMENTS Overview This item is for the Commission to: Page 200 1) Approve a net increase of $3,913,000 in FY 2013/14 expenditures for mid -year budget adjustments; 2) Approve Agreement No. 07-31-164-09, Amendment No. 9 to Agreement No. 07-31-164-00 with Best Best & Krieger LLP (BBK) to provide general legal services related to right of way acquisitions for the State Route 91 Corridor Improvement Project (SR-91 CIP) in the amount of $1,660,000, including contingency of $500,000, for a total authorized contract value of $5,040,100 for FY 2013/14; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • 9. FISCAL YEAR 2013/14 MID -YEAR REVENUE PROJECTIONS Overview This item is for the Commission to: • Page 206 1) Approve the mid -year FY 2013/14 revenue projections of $157 million for Measure A revenues, $76,500,000 for Local Transportation Fund (LTF) revenues, and $12 million for Transportation Uniform Mitigation Fee (TUMF) revenues; 2) Approve the budget increase adjustments to Measure A revenues of $10 million and expenditures of $4,246,000, to reflect the revised Measure A projections; 3) Approve the budget increase adjustments to LTF revenues and transfers in of $4,448,900, and expenditures and transfers out of $561,100 to reflect the revised LTF projections; and 4) Approve the budget increase adjustments to TUMF revenues of $5.7 million to reflect the revised TUMF projections. Riverside County Transportation Commission Agenda January 8, 2014 Page 4 10. FISCAL YEAR 2014/15 REVENUE PROJECTIONS Overview This item is for the Commission to: Page 211 1) Approve the projections of the Local Transportation Fund (LTF) apportionment of $81.5 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2014/15; 2) Approve the projections for Measure A revenues of $167 million for FY 2014/15; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues of $12 million for FY 2014/15. 11. MULTI -FUNDING CALL FOR PROJECTS FUNDING RECOMMENDATIONS Overview This item is for the Commission to: Page 217 1) Approve the funding recommendations included in Table 1 for Congestion Mitigation and Air Quality (CMAQ) funds and Table 2 for Surface Transportation Program (STP) and 2009 Western Riverside County Measure A Regional Arterial (MARA) funds; 2) Direct staff to prepare and execute Memorandums of Understanding (MOUs) with the project sponsors to outline the project schedule and local funding commitments; 3) Authorize the Executive Director to execute the MOUs with the project sponsors, pursuant to legal counsel review; and 4) Program the projects in the Federal Transportation Improvement Program (FTIP). 12. 2014 LEGISLATIVE PROGRAM AND PLATFORM Overview This item is for the Commission to: 1) Adopt the 2014 State and Federal Legislative Program; and 2) Adopt the 2014 State and Federal Legislative Platform. Page 228 • • • Riverside County Transportation Commission Agenda January 8, 2014 Page 5 s13. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 14. 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. 15. CLOSED SESSION 15A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1) Case No. RIC 1106550 16. ADJOURNMENT The next' Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, February 12, 2014, location to be determined. • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL JANUARY 8, 2014 Present Absent County of Riverside, District I — ❑ County of Riverside, District II ❑ County of Riverside, District III ❑ 10'' 13 Al4A County of Riverside, District IV ❑ County of Riverside, District V ❑ City of Banning ,� ❑ City of Beaumont ,� ❑ City of Blythe ❑ ,Or City of Calimesa ❑ City of Canyon Lake ❑ City of Cathedral City I ❑ City of Coachella O City of Corona ❑ City of Desert Hot Springs ❑ City of Eastvale I�" ❑ City of Hemet �' ❑ City of Indian Wells ❑ City of Indio J� ❑ City of Jurupa Valley ❑ City of La Quinta ❑ City of Lake Elsinore ❑ City of Menifee ❑ City of Moreno Valley ❑ City of Murrieta ❑ City of Norco ❑ City of Palm Desert ❑ City of Palm Springs ❑ City of Perris ❑ City of Rancho Mirage �` ❑ City of Riverside ❑ City of San Jacinto ❑ City of Temecula ❑ City of Wildomar ❑ Governor's Appointee, Caltrans District 8 Ja' ❑ RIVERSIDE COUNTY TRANSPORTATION COMMISSION SIGN -IN SHEET JAN UARY 8, 2014 NAME AGENCY EMAIL ADDRESS D� 10i e, �i2��a�1 K L yu � r1 n h ��.b �� I rk uP� i,,27 6, ig* it- /5-6wez. •-•=c-0L., ..4::zz___ ((---ice ( " .1-;;;4' D� 4 V -Low • AJG. (�Missok.4 RR t��4' A--,t N � N /Uii'� CA �"� iii/iv iz: UYYI .'40‘- � tAlitke--\. Vel/aX kr-- y✓ 41*- �/` Gj/�h 6 0 00 R1G 4_ G/ tiA5 M1211A7�7-A i „, / `- t.,> it �r2T� , �/ z= ty c ,; 1-v1- j___-_Cf2-14 W► rt'� %f inv► Er I e/t-ii . e,) L e-A 5 0,..) L i1 i d i I.)4 A U.))14 1(1 c e (4b-: 7S% ,-c3ks' P,As �+-1 Nam( v 4-/.c,5 ►mil .i s .ditGll G;3514.o /(1- vi /Li (-Ff»%1 ,?'12 js7—S77.-- �r-r)c "•ifAi4A5 . 0��/OF 7. _.-,‹- 47.,,..„ ....e.--e...-,-z.-4, ,./c6 errrAv l/ E2U/L2&7 it/batyr R/ vc. U 4fryi &sr- ried �%, (1. P�,40 A(' f-4 if, W,1s�� r-e- -t--;-, 1 IAD �Wi 1513�@%n�.ar Nt l-�ovl so YA � I\r�iCh�l I) e itci qa DJ: f get YVe N C /4. ,� 1--Ai li ( V . 12A-1,1Vt j.C.- 12�" )'lCrr Afei•1If 41(,4 2 C 04 � t. //4 4.ga__ 6,1 L , e4 Al ► . �-- (�� lie `. t , , IT_ • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, November 13, 2013 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Karen Spiegel at 9:30 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE Commissioner Ella Zanowic led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Steve Adams Frank Johnston Kathy Azevedo Andrew Kotyuk Marion Ashley Paul Lewin Roger Berg Bob Magee Ben Benoit Scott Mann John J. Benoit Scott Matas Daryl Busch Basem Muallem Mary Craton Tom Owings* Joseph DeConinck Adam Rush Kathleen DeRosa Larry Smith Deborah Franklin Karen Spiegel Rick Gibbs Jeff Stone Terry Henderson Ella Zanowic Douglas Hanson Jan Harnik Steven Hernandez Kevin Jeffries *Arrived after the meeting was called to order 4. PUBLIC COMMENTS Glenn Miller Ron Roberts John F. Tavaglione Ted Weill Anne Mayer, Executive Director, presented Martha Durbin, Staff Analyst, with a 5-year service award. Riverside County Transportation Commission Minutes November 13, 2013 Page 2 Denis Kidd, Highgrove Municipal Advisory Council (MAC) representative, expressed strong concern that Highgrove needs a Metrolink station and asked the Commission to reconsider building a train station. R.A. Barney Barnett, Highgrove MAC representative, referred to the packets distributed to the Commissioners and detailed the reasons why Highgrove is a better location for a station than Marlborough. He requested this matter be agendized at the December Commission meeting. At this time, Commissioner Tom Owings joined the meeting. 5. APPROVAL OF MINUTES - SEPTEMBER 11, 2013 M/S/C (Craton/Henderson) to approve the September 11, 2013 minutes as submitted. Abstain: Azevedo, DeRosa, Franklin, and Lewin 6. PUBLIC HEARING - ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENTS, BUILDING ACCESS EASEMENTS, UTILITY TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT AERIAL EASEMENTS, PERMANENT FOOTING EASEMENTS, PERMANENT UTILITY EASEMENTS, BUILDING DEMOLITION EASEMENTS, TEMPORARY ACCESS EASEMENT, TEMPORARY NON- EXCLUSIVE ACCESS EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN ALL OR PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-050-006; 102-050-003; 102-280-019; 118-040-027; 101-430-006; 101-430-007 AND 101-430-008; 101-170-010; 102-420-047 AND 102-020-045; 101-170-038; 102-050-005; 102-280-032; 118-040-021; 118-040-007; 102-270-003; 102-270-004 AND 102-270-005; 102-270-011; 118-050-001, 118-050-002, 118-111-001, 118-111-002, 118-111-003 AND 118-111-004; 118-320-008; 118-160-004; 118-290-042; 117-041-029; 115-060-049; 102-420-058; 101- 430-001; AND 101-430-002, 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 At this time, Chair Spiegel opened the public hearing and called upon legal counsel to explain the nature and scope of this hearing. Steve DeBaun, legal counsel, explained the purpose of this hearing is for the Board to consider the adoption of Resolution of Necessity Nos. 13-045, 13-046, 13-047, 13-068, 13-069, 13-070, 13-071, 13-072, 13-073, 13-074, 13-075, 13-076, 13-077, 13-078, 13-079, 13-080, 13-081, 13-082, 13-083, 13-084, 13-085, 13-086, 13-087, 13-088, and • • • Riverside County Transportation Commission Minutes November 13, 2013 Page 3 • • • 13-089 for the acquisition of various real properties for the State Route 91 Corridor Improvement Project (SR-91 CIP). He stated at the conclusion of this hearing, the Board will be asked to adopt the resolutions of necessity and he listed the findings. He explained the purpose of this hearing is to consider the need for acquisition of the property and not to consider the value of the property. Jennifer Harmon, Clerk of the Board, verified the proofs of mailing that certify the notices were sent to the property owners of said parcel numbers are on file with the Commission. She then listed all written objections, protests, and/or requests to be heard from the owners or owner representatives: 1) Resolution of Necessity Nos. 13-045 and 13-046, Serfas Development LLC.; 2) Resolution of Necessity No. 13-047, Yacoub Saba; 3) Resolution of Necessity No. 13-068, Public Storage Properties, Ltd.; 4) Resolution of Necessity No. 13-071, John M. Brewster, Sr. and Karen A. Brewster; 5) Resolution of Necessity No. 13-073, Allsize Storage Corona, Inc.; and 6) Resolution of Necessity No. 13-085, Midoros LLC. At this time, Ms. Harmon requested anyone in the audience that was not called and is here to speak on behalf of these properties. There was no one else requesting to speak or to be heard regarding these properties. 1 2 3 4 5 102-050-006 102-050-003 102-280-019 118-040-027 101-430-006 22122 22131 22149 22172 22103 Serfas Development, LLC; 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 Serfas Development, LLC; 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; 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, Yacoub Saba Public Storage Properties, Ltd. M&G Properties, LLC and Ray Saidian 13-045 13-046 13-047 13-068 13-069 Yes Yes Yes Yes No Riverside County Transportation Commission Minutes November 13, 2013 Page 4 6 101-430-007 22104 101-430-008 Curlan, Ltd. 13-070 No 7 101-170-010 22106 John M. Brewster, Sr. Karen A. Brewster 13-071 Yes 8 102-020-045 102-420-047 22113 Hamid Ghadiri 13-072 No 9 101-170-038 22114 Allsize Storage Corona, Inc. 13-073 Yes 10 102-050-005 22121 Serfas Country Club Inc. 13-074 No 11 102-280-032 22152 Scott R. Ostlund and Aleta Ostlund, as Trustees of The Ostlund Family Revocable Living Trust 13-075 No 12 118-040-021 22153 Nancy A. Nicola and Warren H. Lampkin, as Trustees of the Nicola-Lampkin Family Trust 13-076 No 13 118-040-007 22155 Pomona Corona, LLC 13-077 No 14 102-270-003 22163 Wurtman Properties L.L.C. 13-078 No 15 102-270-004 102-270-005 22164 James W. Hollingsworth 13-079 No 16 102-270-011 22165 Platinum Oil Company 13-080 No 17 118-050-001 118-250-002 118-111-001 118-111-004 22171 VEJ Corona, L.P. 13-081 No 18 118-320-008 22174 A&R Investments, LLC 13-082 No 19 118-160-004 22194 C.P.I. Properties, LLC and C.P.I. Properties 13-083 No 20 118-290-042 22211 DKM & RKM Investments, LP 13-084 No 21 117-041-029 22234 Midoros LLC 13-085 Yes 22 115-060-049 22302 Dollar Self Storage 9, L.P. 13-086 No 23 102-420-058 22584 In-N-Out Burgers 13-087 No 24 101-430-001 22750 Barry Konier, Trustee of the Konier Family Trust 13-088 No 25 101-430-002 22751 Ben Khalaj and Jacqueline Khalaj, Trustees of the Khalaj Family Trust 13-089 No Mark Lancaster, Acting Right of Way Manager, presented the resolutions of necessity for the SR-91 CIP and discussed the following areas: • Four findings required by the Board; • Project map denoting parcel locations along the project; • Parcel list; • Offers of just compensation and contact summary for each parcel; • • • Riverside County Transportation Commission Minutes November 13, 2013 Page 5 • Aerial view of parcels with property owners of their representative in attendance requesting to be heard; and • Staff recommendation. Commissioner Stone expressed eminent domain is a very broad and important power of local government and the Commission must guarantee the property owners are treated fairly and equitably when taking their property. He expressed appreciation to staff for demonstrating these parcels being acquired either in fee or easements are justified for the SR-91 CIP. He then asked staff to discuss the purpose of offering property owners $5,000 to complete their own appraisal. Anne Mayer replied it is not uncommon to have more than two appraisals on any given property. The purpose of offering $5,000 to the property owner is so the owner can perform their own independent certified appraisal. Also, it is not uncommon for the Commission to use different appraisals as the basis for a settlement. Also, state law provides the Commission is required to offer $5,000. Mark Lancaster added there are several components factored in the overall offer including the land value, severance damages, goodwill, and relocation, which can cause a difference between appraisal amounts. Also, the Commission offers highest and best use for each property. Commissioner Stone stated he will abstain on Resolution of Necessity No. 13-047, as he has received contributions from a Saba family. He explained he was approached by a property owner's representative to discuss the eminent domain process. Commissioner Stone expressed he does not feel it is appropriate to have this discussion and asked legal counsel advise the Commissioners not to get involved into the legal aspects of these cases. Steve DeBaun concurred and stated once the legal process commences and attorneys are engaged on both sides, he does not advise his clients to meet directly with the attorneys of the other side. He asked if any Commissioners receive calls along these lines, to notify the Executive Director and himself. Commissioner Terry Henderson stated she is not taking anyone's property away, however, the Commission has embarked on the very long legally approved process of eminent domain to acquire property legally and with compensation that makes a person whole. Commissioner Stone expressed eminent domain is taking someone's property away, with just compensation, as the property owner has no choice since the project must move forward. He explained the Commission is bound by law and believes morally the Riverside County Transportation Commission Minutes November 13, 2013 Page 6 Commission should give these property owners the highest and best use of their properties, which is proscribed under eminent domain law. At Commissioner Adam Rush's request, Mark Lancaster discussed the design -build process, with right of way based on 30 percent completed plans, which the design - builder knows it must stay within. Staff based all of the design on this entire project on a worst case scenario in any situation. Anne Mayer added the project as designed at this point up has been designed in accordance with Caltrans and city of Corona's standards. Much of the basis of this design is based on freeway and roadway standards as there is little discretion in those areas in terms of creativity for design. Ms. Mayer stated the Commission does not compensate individual owners to have their own independent review of the plans. Philip Lee, representing the owners of Serfas Development, LLC/Mountain View Country Club for Resolutions of Necessity No. 13-045 and 13-046, discussed the following issues: 1) why it is not possible to redesign the golf course; 2) safety concerns on the golf course and future traffic 3) the property take next to McDonaids and Arco will be for private use and not public use; and 4) the impacts with the reconfiguration of the golf course and reducing the potential for any future development. Mr. Lee recommended the Commission: 1) perform a full take of McDonalds and Arco and provide relocation as it has been done with Chevron; 2) perform a full take of the affected parcels on the east and west side of Serfas Club Drive; 3) design the take to have less of an odd shape and have more even lines on the property; and 4) continue this public hearing so he can go to the county to find out the highest and best use for the remaining piece of land. He requested the Commissioners help the property owners figure out a solution that would work for both sides. Michael Kehoe, Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, representing Yacoub Saba for Resolution of Necessity No. 13-047, stated this property is known as Corona Motor Sports. Mr. Kehoe explained there is a pole sign for Corona Motor Sports about 40 feet high located on the exterior of the building. The issue is relocating the pole and signage as there is a proposed wall easement for a footing, however, staff does not know the size of the footing. Mr. Kehoe stated Mr. Lancaster stated it is uncertain as the design for this wall is not completed. He recommended additional time be allowed to complete the design for this wall in order to know the size of the footing. Mr. Kehoe stated his property owners have asked for the design and have not received it. He expressed the facts do not support the finding that the proposed wall easement is needed. Carolyn Ruth, representing Public Storage for Resolution of Necessity No. 13-068, explained there was no offer made for the temporary construction easement to tie in the driveway where Pomona Road is being moved, no legal description, and it is not part • • • • • Riverside County Transportation Commission Minutes November 13, 2013 Page 7 of the resolution of necessity. The offer was made in January 2013 and in the course of analyzing the impact to their property, Public Storage discovered information that was shared with the Commission. In October, Public Storage received a revised plan showing the fee take two and a half feet wider than originally planned and offered for. She discussed her concerns with the easements and property that is not necessary for the project. Michael Kehoe, representing John and Karen Brewster for Resolution of Necessity No. 13-071, and Allsize Storage for Resolution of Necessity No. 13-073, stated letters were submitted on these two properties and his comments are in addition to those letters. For the Allsize Storage property, Mr. Kehoe explained the offer of compensation did not include all of the rights being taken and requested on behalf of the property owners for the Commission to reappraise the property. For both the Allsize Storage property and the Brewster property, the issue relates to the resolution itself. He stated in the resolutions being proposed the last sentence of Section 7 gives authority to counsel to reduce or modify the extent of the property or interests being acquired and he discussed the issues with this section. Therefore, this resolution should not be adopted. If the Commission elects to adopt it, there should be a new resolution proposed and at a minimum should exclude this delegation of legislative authority. Saul Delgado, representing Midoros LLC for Resolution of Necessity No. 13-085, expressed concern an offer was not made to Midoros LLC for its property. He explained the offer was made to the previous owner, who passed away, and the estate sold the property. The Commission made a verbal offer based on the June 2012 offer, however, the offer was not updated to include the city's approval and permits to improve the property. Therefore, he expressed the resolution of necessity should not be approved if the Commission is not complying with all the four findings. He requested an updated appraisal and offer be made before this resolution is approved. Chair Spiegel requested if there is anyone from the public requesting to be heard on any of the properties. There was no one else requesting to speak. At this time, Chair Spiegel closed the public hearing. Commissioner Berg expressed Mr. Lancaster clearly defined a design -build project, with design changes throughout the process as it is a living document, starting out at 30 percent. Commissioner Berg reiterated the Commission is being conservative on the design and is in accordance with Caltrans and city of Corona's standards. Commissioner Berg expressed concern regarding the golf course as it is a vacant piece of land and was appraised at the best and highest use value. Now, Mr. Lee is coming back with something different and he believes the Commission should not consider it. In addition, he expressed concern for the Midoros LLC property and the value of the permit. Riverside County Transportation Commission Minutes November 13, 2013 Page 8 Mark Lancaster clarified if the Commission does not need the entire rights that have been condemned upon, the motion will be refiled. Commissioner Scott Mann referred to the Mountain View County Club and stated it has been under the same ownership for 30 years and then nonoperational as a golf course for the last four years. He expressed he takes exception to the representative's comments about it being the shortest golf course in Riverside County as that is not accurate after the taking. He stated the shortest golf course in the county is in the city of Menifee at the North Course with 4,010 yards and par 61. It has been successfully operating as a short executive course to the seniors. He stated that assuming the property owners truly intends to keep it as a golf course, it is not unreasonable to redesign it, reopen it, and sound management practices to make it go as a successful shorter course. At Commissioner Owings' request for the definition of just compensation, Mark Lancaster explained just compensation is based on an appraisal of a property that uses the highest and best use. One of the three recognized appraisal methods under the uniform standards of professional appraisal practice the amount of compensation is based on several different components of that appraisal including land value, severance damages, goodwill, and relocation if those are required. Commissioner Owings explained the Commissioners are being asked to verify that the offer of just compensation has been made. He asked if the Commission is supposed to make some judgment as to whether or not it was just compensation. Steve DeBaun replied the Commission is being asked essentially to make a procedural finding that in fact an appraisal was prepared and that the offer was presented to the property owner for consideration. He explained the Commission is not being asked to evaluate the appraisal or make a determination as to whether or not the appraisal is correct. Anne Mayer noted the staff report addresses just compensation to help assure the Commissioners that an offer of just compensation has been made. All of these offers are made based on an appraisal prepared by a certified appraiser. She explained a review appraisal of the initial appraisal is conducted, which is done by a certified appraiser. In addition, the Commission offers $5,000 to each of the property owners to hire their own appraiser. Staff is trying to demonstrate in addition to the appraisals conducted by the Commission's appraisers, there a numerous opportunities to ensure an offer of just compensation is being made. In response to Commissioner Owings' question if Serfas Development LLC requested $5,000 to do its own appraisal, Mark Lancaster replied no. • • • • • Riverside County Transportation Commission Minutes November 13, 2013 Page 9 Commissioner Owings stated based on the responses received he feels compelled to vote in favor of the resolution of necessity, however, he believes it is clear from the discussion as the October meeting, severance damages were not made. He stated the Commission needs to proceed carefully in this process and error on the side of the property owner. Commissioner Mary Craton asked why the golf course has been closed for four years and on the property owners' recommendations, it requested a full taking of parcel. She suggested it appears the property owner is trying to get the Commission to purchase the entire golf course, however, that is not what is needed for the project. Commissioner Craton referred to the narrow fairways and increased the risk suggested by Mr. Lee and stated she does not see where the fairways have been changed. Commissioner Andrew Kotyuk expressed his confidence in staff through this process and discussed the importance of this project. He stated that while the representatives have valid concerns, he believes staff and legal counsel can address those issues and moved staff's recommendation. Commissioner Henderson asked staff if it has been considered taking this process to a committee and then having the committee bring the entire process to the Board in order to have a better opportunity to go through these questions. Steve DeBaun replied a committee could discuss this, then forward to the Commission for final action. At Commissioner Henderson's request, Mark Lancaster discussed the situation with the Midoros property as the previous owner sold the property out from under the Commission while in escrow. Mr. Lancaster stated the new owner wants the Commission to relocate a sewer line on this property for an additional $18,000 above and beyond the offer that was made. In response to Commissioner Paul Lewin's question regarding the issue of delegation of authority of this body to the Commission's legal counsel, Steve DeBaun stated Section 7 that Mr. Kehoe referred to essentially it is intended to authorize counsel on the Commission's behalf once the resolution of necessity is adopted to file the action and proceed with condemnation of the parcel. He referred to the last sentence in Section 7 stated his reading of this authority is much narrower than Mr. Kehoe was suggesting. He explained the purpose of this section is to deal with the design -build aspects and if in fact there is a portion of property referenced in the resolution of necessity that is ultimately not needed, the Commission is authorizing legal counsel not to acquire that property. Mr. DeBaun expressed most importantly the Commission is not expanding or not delegating the authority to take more property the Commission is authorizing legal Riverside County Transportation Commission Minutes November 13, 2013 Page 10 counsel and staff not to proceed with a portion of the acquisition that might be included in the resolutionof necessity. Chair Spiegel stated she concurred with Commissioner Mann's comments about the golf course. There are two additional courses in the city of Corona that are not listed that are also smaller. M/S/C (Kotyuk/J. Benoit) to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired' is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolutions of Necessity Nos. 13-045, 13-046, 13-068, 13-069, 13-070, 13-071, 13-072, 13-073, 13-074, 13-075, 13-076, 13-077, 13-078, 13-079, 13-080, 13-081, 13-082, 13-083, 13-084, 13-085, 13-086, 13-087, 13-088, and 13-089, "Resolutions of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, Building Access Easement, Utility Temporary Construction Easement, Permanent Aerial Easement, Permanent Footing Easement, Permanent Utility Easement, Building Demolition Easement, Temporary Access Easement, Temporary Non - Exclusive 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. 102-050-006; 102-050-003; 118-040-027; 101-430-006; 101-430-007 and 101-430-008; 101-170-010; 102-420-047 and 102-020-045; 101-170-038; 102-050-005; 102-280-032; 118-040-021; 118-040-007; 102-270-003; 102-270-004 and 102-270-005; 102-270-011; 118-050-001, 118-050-002, 118-111-001, 118-111-002, 118-111-003 and 118-111-004; 118-320-008; 118-160-004; 118-290-042; 117-041-029; 115-060-049; 102-420-058; 101-430-001; and 101-430-002, 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 Minutes November 13, 2013 Page 11 No: Magee M/S/C (Benoit/Henderson) to adopt Resolution of Necessity No.13-047 "Resolution of Necessity for the Acquisition of Fee, Permanent Wall Footing Easement, and Temporary Access Easement Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel No 102-280-019; 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. No: Magee Abstain: Stone 7. ADDITIONS / REVISIONS There were no additions/revisions to the agenda. 8. CONSENT CALENDAR M/S/C (Ashley/Matas) to approve the following Consent Calendar items. 8A. SINGLE SIGNATURE AUTHORITY REPORT Receive and file the Single Signature Authority report for the first quarter ended September 30, 2013. 8B. 2014 STATE TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDATIONS 1) Approve 2014 State Transportation Improvement Program (STIP) programming for Western Riverside County (Western County); 2) Approve the use of Palo Verde Valley STIP funds in accordance with the adopted Memorandum of Understanding (MOU) No. 07-71-028-00 with the city of Blythe (Blythe) for trading Palo Verde Valley STIP funds with 2009 Measure A Western Riverside County Highway funds; and 3) Submit Western County projects and Coachella Valley Association of Governments (CVAG) project recommendations to the California Transportation Commission (CTC) by the December 15, 2013 deadline. • Riverside County Transportation Commission Minutes November 13, 2013 Page 12 8C. AGREEMENT FOR SAFETY RELATED SERVICES WITH SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY 1) Approve Agreement No.14-33-055-00 with Southern California Regional Rail Authority (SCRRA) in an amount of $127,500 for pertaining to the roles and responsibilities of each party regarding safety related services on the San Jacinto Branch Line (SJBL); 2) Terminate Agreement No. 12-31-082-00 with Burlington Northern Santa Fe (BNSF) for flagging services; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8D. LANDSCAPE MAINTENANCE EASEMENT TO THE MARCH JOINT POWERS AUTHORITY FOR THE MARCH FIELD STATION ON THE PERRIS VALLEY LINE 1) Grant the March Joint Powers Authority (MJPA) a landscape maintenance easement at the Moreno Valley March Field Station site; 2) Approve Agreement No. 14-33-042-00 between the Commission and MJPA pertaining to the roles and responsibilities of each party regarding the property, improvements, drainage facility, and easements at the station site; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8E. AGREEMENTS FOR STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT CONSTRUCTION FREEWAY SERVICE PATROL SERVICE 1) Approve Agreement No. 14-45-041-00 with Atkinson/Walsh, a Joint Venture (Atkinson/Walsh), for reimbursement of construction Freeway Service Patrol (FSP) tow truck, Commission administration, and California Highway Patrol (CHP) supervision services (Construction FSP) supporting the State Route 91 Corridor Improvement Project (SR-91 CIP), in a total amount not to exceed $6,151,991; 2) Approve Agreement No. 13-45-074-01, Amendment No. 1 to Agreement No. 13-45-074-00, with the CHP for FSP supervision to include supervision of construction FSP tow services for the SR-91 CIP and to augment Agreement No. 13-45-074-00 by $1,107,203, for a total amount not to exceed $1,629,718; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 8F. AGREEMENT FOR INTEGRATION OF CALTRANS DATA INTO 1E511 • • • Riverside County Transportation Commission Minutes November 13, 2013 Page 13 • • • 1) Approve Agreement No. 14-45-049-00 with Knowledge Systems Design (KSD) for integration of Caltrans' data into 1E511 through December 31, 2014, in an amount of $88,000 plus a 10 percent contingency, for a total amount not to exceed $96,800; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8G. STATE AND FEDERAL LEGISLATIVE UPDATE Receive and file the state and federal legislative update. At this time, Commissioner Mann left the meeting. 9. FISCAL YEAR 2013/14 SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM — ADDITIONAL PROJECT Jillian Guizado, Staff Analyst, presented the additional projects for the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities program. At this time, Commissioner Kevin Jeffries stepped out of the meeting. Commissioner Matas stated at the October 2013 Budget and Implementation Committee meeting, there was a discussion about when there is additional funding available after the initial allocations were made, the recommendation was to move it to the next funding allocation and not fund additional projects. He referred to the project list and the order of projects and stated there were projects from the cities of Palm Springs and Lake Elsinore that were below the amount of the additional funding available and could be funded right away. He suggested evaluating the policy to address this type of situation when there are additional funds available and viable projects to be funded in their entirety. Jillian Guizado asked for clarification from Commissioner Matas that his recommendation for a future policy is to apply additional funding to projects further down the list. Commissioner Matas concurred. Anne Mayer explained staff is currently in the process of revising the SB 821 guidelines for this program and working with several of the Technical Advisory Committee. It is important for staff to have Commission direction on how to handle these funds in the future so staff can ensure the proposed guidelines brought forward meet Fthe Commission's expectations. Riverside County Transportation Commission Minutes November 13, 2013 Page 14 M/S/C (Henderson/Busch) to: 1) Approve the partial reallocation of the city of Eastvale's (Eastvale) Scholar Way Sidewalk Accessibility Improvements (Scholar Way) project funding of $144,853 to the city of Indio's (Indio) Jefferson Street Sidewalk (Jefferson Street) project in the amount of $98,500 in the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities Program Call for Projects list; and 2) Apply the remaining funds of $46,353 to the city of Temecula's (Temecula) Pauba Road Sidewalk Improvements project in the FY 2013/14 SB 821 Bicycle and Pedestrian Facilities Program Call for Projects list. At this time, Commissioner Kathleen DeRosa left the meeting and Commissioner Jeffries rejoined the meeting. 10. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no items pulled from the Consent Calendar. 11. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 11A. Chair Spiegel announced the December 11 Commission meeting will be held in the Council Chambers at Corona City Hall. The State Route 91 Corridor Improvement Project Ground Breaking Ceremony is scheduled to follow the Commission meeting at the North Main Corona Station parking structure. 11B. Anne Mayer announced: • The California Transportation Commission meeting will be held on December 11 and December 12, 2013, in the Board Room of the CAC; • The Mobility 21 reception for the California Transportation Commission will be held on December 11 at the Mission Inn; and • The Commission's Annual Report was distributed to the Commissioners and printed in the Press Enterprise and the Desert Sun on December 8. At this time, Commissioners J. Benoit, Gibbs, Jeffries, and Muallem left the meeting. Commissioner Rush recused himself from the Closed Session item. Riverside County Transportation Commission Minutes November 13, 2013 Page 15 • 12. CLOSED SESSION 12A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1) Case No. RIC 1106550 • • There was no announcement from the Closed Session item. 13. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Chair Spiegel adjourned the meeting at 11:45 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, December 11, 2013, in the City Council Chambers, at the Corona City Hall, 400 South Vicentia Avenue, Corona, California. Respectfully submitted, sul`• \Act.R_Jm— Jennifer Harmon Clerk of the Board DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: / CHECK IF SUBJECT OF PUBLIC COMMENTS: O PUBLIC COMMENTS: AGENDA ITEM NO.: (AS LISTED ON THE AGENDA) NAME: ADDRESS: SUBJECT OF AGENDA ITEM: . /Lc, ht,A, ,4/z/z-/ . 2 Go#1,a..40 PHONE NO.: /9tI4 Z6v3 !-029/•d.) ST STRE/1.6//9/�/ REPRESENTING: Z/4//17 NAME OF AGEN / ORGANIZATION / GROUP CITY ZIP CODE PHONE NO.: BUSINESS ADDRESS: STREET CITY ZIP CODE AGENDA ITEM 6 PUBLIC HEARING • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 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, Building Access Easement, Building Demolition Easement, Permanent Non -Exclusive Aerial Easement, Permanent Footing Easement, Permanent Wall Footing 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. 115-060-024; 118-160-071; 118-160-020 and 118-160-022; 118-090-003; 118-250-014 and 118-250-022; 117-103-021; 118-250-020; 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. 14-001, 14-002, 14-003, 14-004, 14-005, 14-006, 14-007, and 14-008, "Resolutions of Necessity for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, Permanent Non -Exclusive Aerial Easement, Permanent Footing Easement, Permanent Wall Footing 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. 115-060-024; 118-160-071; 118-160-020 and 118-160-022; 118-090-003; 118-250-014 and 118-250-022; 117-103-021; 118-250-020; and 117-114-012, Located in Corona, Agenda Item 6 1 Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), between Pierce Street on the East to the County Line on the West, in Riverside County, California. 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. One of the requirements for acquiring property for improvement projects is that an offer of just compensation be made to the owner(s) of the property. The Commission makes these offers in person whenever possible. The amount of compensation is determined by appraisals prepared by independent appraisal firms licensed by the Bureau of Real Estate Appraisers. The content of these appraisals, what elements are considered in them, and the methodologies used in the preparation are all proscribed by various laws and the Uniform Standards of Appraisal Practice (USPAP), published by the Appraisal Foundation. The Federal Government recognizes the USPAP as generally accepted appraisal standards and requires USPAP compliance for appraisers in federally related transactions. Every appraisal calculates the market value of the acquisition as defined by the California Code of Civil Procedure, based on the highest and best use, as defined in USPAP, and includes consideration of severance damages and project benefits (also defined in the California Code of Civil Procedure). In every case, the owner is invited to accompany the appraiser during the site visit so that as much information as possible is considered in the appraisal. A review appraisal prepared by a different certified appraiser is then conducted to ensure all proper procedures have been followed. Aditionally, in accordance with state law, every owner is offered up to $5,000 to reimburse them for the cost to have their own appraisal prepared. Over the next few months, staff will bring to the Commission those interests that meet one of the three criteria previously listed. 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 allow • Agenda Item 6 2 • • • 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 essential, 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. 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 Proiect 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 Los Angeles and Orange 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 Agenda Item 6 3 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 singlebest location for the SR-91 CIP. Environmental analyses and findings indicate the chosen alignment uniquely satisfies 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 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. • • Agenda Item 6 4 • • • 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 that exists would alleviate the need for the interest. As indicated above, the property owners were invited to meet with project staff and provide input to address any concerns the property owners may have with the design of the SR-91 CIP in the manner proposed and the necessity of the acquisition. To the extent any property owner raised such concerns, staff took those concerns into consideration and attempted to make design modifications as feasible and possible. In the end, staff recommends the following interests in real property are necessary for the project. RON No. 14-001— Owner: Bedrosian Quarry, LLC; APN 115-060-024; CPNs 22304-1, 22304-2, 22304-3, 22304-4, and 22304-5 APN 115-060-024, commonly known as 1235 Quarry Street, Corona, is owned by Bedrosian Quarry, LLC, a California limited liability company. The subject property is roughly triangular in shape and contains 846,807 square feet of land area. The subject property is currently improved with a 409,557 square foot industrial warehouse building, associated parking lot, and other improvements. The subject property is bounded by Burlington Northern Santa Fe (BNSF) railway railroad to the north, Quarry Street to the south, neighboring commercial property to the east, and Temescal Wash to the west. The 91/15 connector is located adjacent to and along the northwest corner of the subject property. The Commission's design of the SR-91 CIP necessitates the Commission acquire five sub -parcels: a 25,259 square foot permanent non-exclusive aerial easement, two permanent footing easements consisting of 1,212 square feet and 1,221 square feet, respectively, and two temporary construction easements consisting of 25,259 square feet and 8,400 square feet respectively. The northwest corner of the subject property is impacted due to the proposed widening of the SR-91 and resulting modification of the 91/15 interchange. The freeway widening requires the eastbound SR-91 to southbound 1-15 connector be realigned southerly, resulting in a bridge structure crossing over the northwestern portion of the subject property requiring a non-exclusive permanent aerial easement and a temporary construction easement for the construction of the bridge. After the bridge is constructed, the permanent aerial easement will continue to allow for truck access to the loading dock on the northwest side of the building. The bridge will also require two permanent footing easements located in the westerly parking area inside the subject property. Finally, the freeway interchange work directly affects the BNSF tracks to the north of the subject property known as Porphyry Yard. Track modification will affect an industrial spur track, requiring a temporary construction easement on the subject property to re-establish the industry spur track. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-001. 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. Agenda Item 6 5 The Notice of Hearing to Property Owners was mailed on August 2013. The Notices of Continuance of Hearing to Property Owners were mailed October 3 and December 16, 2013. RON No. 14-002 — Owner: Z Corona Properties, LLC; APN 118-160-071; CPNs 22178-1, 22178-2, 22178-3, 22178-4, and 22178-5 APN 118-160-071, commonly known as 1247-1269 Pomona Road, Corona, is owned by Z Corona Properties, LLC, a California limited liability company. The subject property is rectangular in shape and consists of 142,512 square feet of land area. The subject property is currently used as a multi -tenant industrial park and improved with 48,874 square feet of commercial buildings, associated parking lots, and other improvements. The property is bounded by neighboring commercial properties to the north and east, Pomona Road to the south, and Sherman Avenue to the west. The Commission's design of the SR-91 CIP necessitates the Commission acquire five sub -parcels: a 22,070 square foot fee acquisition, 321 square foot and 401 square foot temporary construction easements, a 3,049 square foot building demolition easement and a 9,450 square foot building access easement. The south side of the subject property is impacted due to the proposed widening of the SR-91 approximately 52 feet to the north. The freeway widening will require the realignment of the westbound Lincoln Avenue on -ramp and a northerly shift of Pomona Road. The northerly shift of Pomona Road requires a fee acquisition, which directly impacts the building commonly known as 1247 Pomona Road and located on the subject property. The project proposes to demolish a portion of the 1247 Pomona Road building and perform other parking lot improvements, which requires the temporary construction easements, the building demolition easement, and building access easement. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-002. An aerial view of the parcel with an overlay of the property interests to be acquired and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing to Property Owners was mailed on July 26, 2013. Notices of Continued Hearing to Property Owners were mailed on September 27 and December 16, 2013. RON No. 14-003 — Owners: Myrvin H. Ellestad, Lera C. Ellestad, and Darrell D. Clendensen; APNs 118-160-020 and 118-160-022; CPNs 22181-1, 22181-2, 22181-3, 22181-4, 22181-5, 22181-6, and 22181-7; APNs 118-160-020 and 118-160-022, commonly known as 1163, 1215 and 1235 Pomona Road, Corona, are owned by Myrvin H. Ellestad, Lera C. Ellestad, and Darrell D. Clendensen. The subject property is made up of two assessor parcels, each roughly rectangular in shape and situated such that they form a larger L-shape parcel. The subject property consists of 92,835 square feet of land area improved with three multi -tenant light industrial/business park buildings containing 37,979 total square feet, associated parking lot, and other improvements. • Agenda Item 6 6 • • • The property is bounded by neighboring commercial properties to the north and west; and Pomona Road to the south and east . The Commission's design of the SR-91 CIP necessitates the Commission acquire seven sub -parcels: a 15,277 square foot fee acquisition, a second fee acquisition containing 301 square feet, three separate temporary construction easements consisting of 1,707 square feet, 3763 square feet, and 13,669 square feet respectively, a 4,089 square foot building demolition easement, and a 7,358 square foot building access easement. With respect to parcel 118-160-020, the south frontage of the subject property is impacted due to the proposed widening of the SR-91 approximately 52 feet to the north. The freeway widening will require the realignment of the westbound Lincoln Avenue on -ramp and a northerly shift of Pomona Road. The northerly shift of Pomona Road requires a fee acquisition and a temporary construction easement for construction of the roadway. Shifting of the road also directly impacts the southern building on the subject property. The project proposes to cut and re -face the affected building, requiring a building access easement, building demolition easement, and a site mitigation temporary construction easement to complete the work. With respect to parcel 118-160-022, the shift of Pomona Road north requires a fee acquisition and a temporary construction easement for construction of the roadway on the easterly edge of the parcel. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-003. 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 November 22, 2013. RON No. 14-004 — Owner: Corona Associates; APN 118-090-003; CPNs 22182-1, 22182-2, and 22182-3 APN 118-090-003, commonly known as 307 S. Smith Avenue, Corona, is owned by Corona Associates, a California limited partnership. The subject property is roughly trapezoidal in shape and consists of approximately 557,133 square feet of land area. The subject property is currently improved as a mobile home park containing 90 pads and 12 rentable RV storage spaces, associated parking lots, and other improvements. The property is bounded by the SR-91 to the north, other residential properties to the south and east, and Smith Avenue to the west. The Commission's design of the SR-91 CIP necessitates the Commission acquire three sub - parcels: two permanent wall footing easements consisting of 444 square feet and 314 square feet, respectively; and a temporary construction easement consisting of 5,894 square feet. The north side of the subject property is impacted due to the proposed widening of the SR-91 as the existing freeway will move approximately 40 feet to the south. While the centerline of the freeway has been offset to the north to reduce the impact of the project to the residential properties along the corridor, this widening requires the construction of sound walls on a Agenda Item 6 7 concrete barrier. This barrier requires a structural footing necessitating a permanent wall footing easement and a temporary construction easement for construction of the improvements directly affecting the subject property along the northern border. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-004. 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 27, 2013. Notice of Continued Hearing to Property Owners was mail on November 22, 2013. RON No. 14-005 — Owner: Maude -Corona, LLC; APNs 118-250-014 and 118-250-022; CPNs 22196-1, 22196-2, 22196-4, 22196-5, and 22196-6 APNs 118-250-014 and 118-250-022, commonly known as 1090 Pomona Road and 103 North Lincoln Avenue, Corona, are owned by Maude -Corona, LLC, a California limited liability company. The subject property is made up of two assessor parcels, each roughly rectangular in shape and situated such that they form a larger L-shape parcel. The two properties consist of approximately 98,174 square feet of total land area and are improved with two commercial/restaurant buildings totaling 14,334 square feet, associated parking lot, and other improvements. The subject property is bounded by Pomona Road and a hotel to the north, SR-91 to the south, neighboring commercial properties to the east, and Lincoln Avenue to the west. The Commission's design of the SR-91 CIP necessitates the Commission acquire five sub -parcels: a 26,641 square foot fee acquisition, a 4,610 square foot permanent wall footing easement, a 7,779 square foot temporary access easement, a 1,516 square foot temporary construction easement, and a 33,002 square foot building demolition easement. The south frontage of the subject property is impacted due to the proposed widening of the SR-91 as the existing edge of travel way moves approximately 52 feet to the north. Additionally, the westbound Lincoln Avenue exit ramp will be reconfigured into a diamond interchange. As a result, the proposed realigned westbound Lincoln Avenue off -ramp directly impacts the Mill Creek Restaurant building, requiring the acquisition of a portion of the southerly Mill Creek Restaurant parcel and demolition of the restaurant. In addition to construction of the westbound off -ramp, the Lincoln Avenue bridge will be widened approximately 30 feet to the east to allow for improved traffic flow at the interchange. This widening will require the construction of retaining walls and will impact the western frontage of the subject property along Lincoln Avenue with a fee acquisition, a permanent wall footing easement, and associated temporary construction easement. Finally, an existing Southern California Edison overhead power line crossing the southern frontage of the subject property must be relocated north to clear the proposed westbound Lincoln Avenue off -ramp requiring a temporary access easement. • Agenda Item 6 8 • • The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-005. 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 November 22, 2013. The Amended Notice of Hearing to Property Owners was mailed on December 10, 2013. RON No. 14-006 — Owners: Circle K Stores, Inc.; APN 117-103-021; CPNs 22258-1 and 22258-2 APN 117-103-021, commonly known as 304 S. Main Street, Corona, is owned by Circle K Stores, Inc., a Texas corporation. The subject property is irregular in shape and contains 18,943 square feet of land area. The subject property is improved with a service station, convenience store,associated parking lot, and other improvements. The property is bounded by 3rd Street to the north, neighboring commercial properties to the south and west, and Main Street to the east. The Commission's design of the SR-91 CIP necessitates the Commission acquire two sub -parcels: a 311 square foot fee acquisition and a 463 square foot temporary construction easement. The SR-91 CIP proposes to widen Main Street under the SR-91 by adding two additional lanes, resulting in three northbound and three southbound lanes with dual turn pockets for the freeway on -ramps. The widening of Main Street extends south beyond the subject property where it tapers back to the existing width of Main Street just south of 4th Street. Accordingly, the eastern frontage of the subject property is impacted by this widening, requiring a, fee acquisition and associated temporary construction easement. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-006. 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 November 22, 2013. RON No. 14-007 — Owner: Maude -Corona, LLC; APN 118-250-020; CPN 22942-1 APN 118-250-020, commonly known as 1084 Pomona Road, Corona, is owned by Maude - Corona, LLC, a California limited liability company. The subject property is roughly rectangular in shape and contains 64,904 square feet of land area. The subject property is improved with a two-story hotel building, associated parking lot, and other improvements. The property is bounded by Pomona Road to the north, and neighboring commercial properties to the south, east, and west. The Commission's design of the SR-91 CIP necessitates the Commission acquire one sub -parcel: a 6,815 square foot temporary access easement. The SR-91 CIP improvements do not directly affect the subject property. However, the freeway widening will directly impact the parcel Agenda Item 6 9 immediately to the south of the subject property (CPN 22196 - Mill Creek Restaurant). The project requires the demolition of the Mill Creek Restaurant building, which necessitates a temporary access easement through the subject property. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-007. 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 November 22, 2013. The Amended Notice of Hearing to Property Owners was mailed on December 10, 2013. RON No. 14-008 — Owner: Paul G. Markovits and Thomas Markovits, Trustees; APN 117-114-012; CPNs 23171-1 and 23171-2 APN 117-114-012, commonly known as 315 and 351 S. Main Street, Corona, is owned by Paul G. Markovits and Thomas Markovits, Trustees. The subject property is irregular in shape and contains 9,223 square feet of land area. The subject property is improved with a Wienerschnitzel fast food restaurant, associated parking lot, and other improvements. The property is bounded by neighboring commercial properties to the north and south, an alley to the east, and Main Street to the west. The Commission's design of the SR-91 CIP necessitates the Commission acquire two sub -parcels: a 316 square foot fee acquisition and a 275 square foot temporary construction easement. The SR-91 CIP proposes to widen Main Street under the SR-91 by adding two additional lanes, resulting in three northbound and three southbound lanes with dual turn pockets for the freeway on -ramps. The widening of Main Street extends south beyond the subject property where it tapers back to the existing width of Main Street just south of 4th Street. Accordingly, the western frontage of the subject property is impacted by this widening, requiring both a fee acquisition and associated temporary construction easement. The legal definition(s), legal description(s), and/or plat map(s) of the portions to be acquired are exhibits to Resolution of Necessity No. 14-008. 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 December 16, 2013. Finding 4: Offers of Just Compensation Have Been Made to the Property Owners Preliminary title reports and/or litigation guarantees were obtained from Commonwealth Land Title Insurance Company to confirm and identify the record owners of the parcels affected by the SR-91 CIP. The Commission then served the affected property owners with notices of the Commission's decision to appraise the property. • Agenda Item 6 10 • • • The Commission had the properties appraised by appraisal firms Integra Realty Resources; Kiley Company; Lidgard and Associates; and Mason & Mason to establish the Fair Market Value of the real property interests the Commission is seeking to acquire from the property owners identified herein. Fixture and equipment appraisals were prepared by Desmond, Marcello & Amster, LLC, 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. 14-001 2) Resolution No. 14-002 3) Resolution No. 14-003 4) Resolution No. 14-004 5) Resolution No. 14-005 6) Resolution No. 14-006 7) Resolution No. 14-007 8) Resolution No. 14-008 Agenda Item 6 11 ATTACHMENT 1 • • RESOLUTION NO. 14-001 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF NON-EXCLUSIVE PERMANENT AERIAL EASEMENT, PERMANENT COLUMN/FOOTING, EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 115-060-024, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire non-exclusive permanent aerial easement, permanent column/footing easements, and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 115-060-024 (Caltrans Parcel Nos. 22304-1, 22304-2 and 22304-3, 22304-4 and 22304-5) 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, January 8, 2014 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 non-exclusive permanent aerial easement, permanent column/footing easements, and temporary construction easement interests in portions of the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside County, 12 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 maps of the interests 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. • 13 • • • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 14 • • • The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Permanent Non -Exclusive Aerial Easement" grants to RCTC, its successor and assigns, an easement and right of way for freeway purposes to construct, replace, reconstruct, inspect, maintain, repair, operate or remove an overhead freeway bridge and/or ramp, supporting columns and footings, including any and all appurtenances thereto, over, under, upon and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area and all abutter's rights of access to and from owner's remaining property to the freeway bridge and/or ramp. The easement will allow RCTC to construct, replace, reconstruct, inspect, maintain, repair, operate or remove a freeway structure commencing at 15 feet above the surface of the ground. The easement includes the non-exclusive right of access for the purpose constructing, replacing, reconstructing, inspecting, maintaining, repairing, operating or removing said freeway structures, and for inspecting the uses made of the land under the aerial easement, however, that RCTC's exercise of such right of access may not unreasonably interfere with owner's use of the land under the aerial easement. The property owner, its successors and assigns, will have the general right to use and enjoy the area of land under the aerial easement. The general right to use and enjoy said land by owner, its successors and assigns, shall however, be subject to the following limitations and conditions: 1. No use may be made of the area of land under the aerial easement hereinabove described which would impair the full use and safety of said freeway structure, its foundations or supporting element, or would otherwise interfere with the free flow of traffic thereon or would unreasonably impair the construction, replacement, reconstruction, inspection, maintenance, repair, operation or removal thereof. 2. No use may be made of the area of land under said aerial easement hereinabove described for the manufacture or storage of flammable, volatile, explosive or corrosive substances, and such substances shall not be brought onto said land except in such quantities as are normally required for the maintenance operations of occupants of said land and except as may be transported by rail or pipelines. Installation of any pipelines carrying volatile substances shall have the written approval of RCTC, its successor and assigns, as to the safety and compatibility with freeway purposes and such discretion shall not be exercised in a capricious or arbitrary manner. The use of any such substances shall be in conformance with all applicable code requirements. 3. No hazardous or unreasonably objectionable smoke, fumes, vapors, dust or odors shall be permitted, which would adversely affect the use or maintenance of said freeway or the traveling public thereon. 4. No building of combustible construction shall hereafter be constructed on the area of land under the aerial easement hereinabove described. RCTC, its successor and assigns, shall be given the opportunity to review and approve plans for any construction within said aerial easement area 60 days prior to said construction. No buildings, no permanent structures, and no advertising displays, may be constructed within 2.5 meters 1733 6.02100\8470642.1 EXHIBITA PAGE 1 of the undersides nor within 4.5 meters (measured horizontally) of the sides of said freeway structure without the express written approval of RCTC, its successor and assigns. RCTC, its successor and assigns, shall have the discretion to determine whether such proposed construction will be inimical to or incompatible with the full enjoyment of the public rights in the freeway or against the public interest, but such discretion shall not be exercised in a capricious or arbitrary manner. The property owner will maintain all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within the area of land under the aerial easement, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than the area of land hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of said land, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells, or mines, without, however, the right to drill, mine, explore and operate through the surface or the upper 30.5 meters of the subsurface of said land or otherwise in such manner as to endanger the safety of any highway that may be constructed on said land. "Permanent Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, reconstruct, maintain, operate repair, alter, replace, and remove freeway bridge and/or support column(s) and associated footings, over, 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 column(s) and associated 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 24 months and ending no later than December 17, 2017. Such rights shall be available beginning no fewer than 72 hours after the date that RCTC provides written notices of commencement of possession to the property owner. Property Owner shall not cause, directly indirectly or negligently, any interference with or harm to the rights conveyed hereunder. Prior to termination of this easement, 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, nor shall property owners 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. • • 17336.02100\8470642.1 EXHIBITyv PAGE 2 • • PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22304-1 Permanent Non -Exclusive Aerial Easement APN 115-060-024 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of 10 Official Records of said County, described as follows: t1 12 Beginning at the most westerly corner of said Parcel A; thence North 03°38'41" East 13 116.55 feet along the westerly line of said Parcel A to the northwesterly corner thereof; 14 # thence North 74°12'05" East 12.35 feet along the northerly line to an angle point therein; 15 thence continuing along said northerly line South 77°33'38" East 281.27 feet; thence 16 South 67°59'05" West 169.68 feet to the beginning of a curve concave northwesterly 17 having a radius of 3,063.00feet; thence southwesterly along said curve 106.21 feet 18 through a central angle of 01 °59' 12" to a point on the southwesterly line of said Parcel A; 19 thence North 41 °21' 19" West 56.77 feet along said southwesterly line to the Point of 20 Beginning. 21 22 Containing 25,259 square feet. 23 24 See Exhibit `A2' attached hereto and made a part hereof. 25 26 The distances described herein are grid distances and are based on California Coordinate 27 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 28 ( grid distances by the mean combination factor of the courses being described. The mean 29 combination factor for this conversion is 0.99997476. 30 31 1:12PT0010501\SURVEY\LEGALS\22304 APN_115-060-024iLega1s122304-1_PE.doc I I/192013 Pagel of EXHIBITA PAGE 3 2 3 4 5 6 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date M:12PTG0105011SUR VE YILEGAL.S12230a_APN_115-060-02411.ega1s122304-1_PE.doc 11/19/2013 Page 2 of 2 • EXHIBITA PAGE 4 EXH BIT A2 PARCEL# TITLE AREA A P N 22304-1 ESMT 25,259 S0. FT_. 115-060-024 P.I .�a si �O� 1 0 1 0 VC) ,...y 11 (�© S E- .- 5 15 _.._ /`L3\ PROS77°33POSED '38"E R!W 510.47' 115-060-004 . i � SU SH _ „T Ss, ,'� _ DETAIL A 6> >j,, �' TEMESCAL DOD , NO , 2ooa- 045325 I 0 .� i? ,� io. to f CL .. A S` � rh 9.i° cv .�'�, 0 � 0 F in (,pJ �'C Lo CO ? o o in ^ � ��o62 CREEK CHANNEL ° 0 ' �N. `k93 Vo - P CL . Ll ‘:r .-- 9Sj © 191' 115-060-026 0 -' T .65,,.. 0STREE LINE DATA N98 4UARRY BEARING DISTANCE JCS 8' � '52- -' L1 S82°32'48"W 434.87' /�i 6--- L2 NO3° 38'41 "E 1 16.55' �`6"), L3 N74°12'05"E 12.35' " RADIAL DATA L4 S12°26'19"W 168.20' BEARING R1 N55° 58121 "E LEGEND CURVE DATA POB Indicates Point OF Beginning RADIUS - DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radiol Bearing Cl 120.00' 33°56'35'� 71 .Q9' ( ) Title to State C2 40.00' 46°28'01" 32.44' ii,t I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 4 4- 1 PERMANENT NON-EXCLUSIVE AERIAL EASEMENT distances. All distances ore in feet unless otherwise noted. FEET 0 150 300 600 900 PREPARED BY: P S O S 3 Nutton Coniro Drivo, Ste. 200 t714)4B7 8053i(1/4)54598 83 (F0x) DATE: 05-31-12 REV.: 6; 11-19-13 EA:OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.1 1 2 EXHI13IT219 PAGE 5 EXHIBIT A2 PARCEL# TITLE AREA APN 22304-1 ESMT 25,259 SO. FT. 115-060-024 i i POB � s y qZr, �f LEGEND :r POB Indicates Point Of Beginning TP06 Indicates True Point Of -Beginning (R) Indicates Radial Bearing Title to State +lflt Access Prohibited ( ) 0°, 1 15-060- 004 S77°33'38"E 1510.47' 281.27' 5 DOC, NO., 2009 -01453251 OA DETAIL "A" Scale: 1 "=60' • NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stotioning ore grid distances. Divide by 0.99997476 toobtainground distonces. All distonces ore in feet unless otherwise noted. 22304-1 PERMANENT NON-EXCLUSIVE AERIAL EASEMENT FEET 0 30 60 120 180 PREPARED BY: P S S 3 Hutton Centre Drive Ste. 200 Santo Ana, California i2707 (714)481.8053/(710545-8203 Wax) DATE:05-31-12 REV.: 6; 1 1-19-13 EA: OF540 FAQ: • DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.1 2 2 EXHIBITA PAGE 6 • • • 3 4 5 6 PSF OM S EXHIBIT `B1' LEGAL DESCRIPTION Caltrans Parcel No. 22304-2 Permanent Footing Easement - APN 115-060-024 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of 10 Official Records of said County, described as follows: 11 12 Beginning at the most westerly corner of said Parcel A; thence North 03°38'41" East 13 7.89 feet along the westerly line of said Parcel A to the True Point of Beginning; thence 14 North 03°38'41 " East 32.98 feet continuing along said westerly line to a point thereon; 15 thence North 43°59'15" East 1.30 feet; thence North 52°16'29" West 1.02 feet to a point 16 on said westerly line; thence North 03°38'41" East 30.18:feet along said westerly line to a 17 point thereon; thence South 52°16'29" East 19.02 feet; thence South 37°43'31" West 18 18.52 feet; thence South 46°00'45" East 36.62 feet; thence South 43°59'15" West 33.00 19 feet; thence North 46°00'45" West 15.65 feet to the True Point of Beginning. 20 21 j Containing 1,212 square feet. 22 23 See Exhibit ` 32' attached hereto and made a part hereof. 24 25 i 26 The distances described herein are grid distances and are based on Califomia Coordinate 27 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 28 I grid distances by the mean combination factor of the courses being described. The mean 29 combination factor for this conversion is 0.99997476. 30 31 M:12PTG01050115URVEYILEGALS122304_APN_115.060-024iL oaIs122304-2_PFE.Joc 11/20/2013 Page 1 or EXHIBITA PAGE 7 S S Prepared under the direction of Brian E. Bullock, PLS 5260 hi:12rroo105011SURVEYLEGALS\22304_APN_I15-060-02d1Legais122304-2 PFE.doc 11/20/2013 Page 2 of 2 EXHIBITOR PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA APN 22304-2 ESMT 1,212 S0. FT. 115-060-024 Ay 3g5 \.____ R5 0° 1;\'ik° 1 R�� aG SL�� 3$° '3�E Ri� �R S� 1NG R /� L..: i`. ;, ,- , 310 .� -- 011117.' / . ii ' \ PROPOSED R/W + r tS7?°33'38"E 1510.47' 115-060-004 TP08 AAP =-------------- DOC, NO. 2002-045325 J O.R. to, q j ° .-. rn SEE SHEET 2 `Sq��j- PCL, r1 `s9,3o ' N °o ko DETAIL A •, 7.9—, .ij, N os O �f'P�to TEMESCA �` o L 4,O C 21 CREEK CHANNEL �,� `�.9,, TO- P O . B 'a• 9sT 9 —I 1 1 -oso-ors , El 0� q- LA S LINE DATA �98 � %.. pUARRY BEARING DISTANCE f?,, �9c4 , 3., .q • L1 S82°3.2'48"W 434.87' 6 - ��f� L2 NO3° 38'41 "E 1 16.55' J` �� L3 N74°12105"E -12.35' RADIAL DATA L4 512°26'19"W 168.20' BEARING R1 N55° 58121 "E LEGEND CURVE DATA POB indicates Point of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Cl 120.00 o �� 33 56 35 71.09 ( ) Title to State C2 40.00' 46°28'01" 32.44' /..tt.,Li Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 4- 2 PERMANENT FOOTING EASEMENT distances. All distances ore in feet unless otherwise noted. ' FEET 0 150 300 600 900 PREPARED BY: DATE: 05-31-12 REV.: 7; 11-20-13 EA:OF540 FA#: P S O A S 3 Y.uttoe Centre Drivel Sta. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 171414Bi H053/(714)545-9883 (Fax) 8 R 1 V 91 7.1 1 2 EXHIBITA PAGE 9 EXHIBIT B2 PARCEL# TITLE AREA APN 22304-2 ESMT 1,212 SO. FT. 115-060-024 9'1 �PP‘ LINE DATA • -- R-� BEARING DISTANCE L1 NO3° 38`41 "E 7.89' 5 v ° �Z o�i L2 NO3° 38141 "E 32.98' Sl NlaN2 35 115--060-004 L3 N43a59�15;;E 1 .3o �, �l� �� 1S�1NG L5 NO3° 38,411„E 30.118' S77°33138"E 1510.47, L6 S37°4313111W 18.52' 281.27' -W ^ \ �2230;9 �2 gib , '' Sp `2 1," • \ SEE DETAIL ,tB„ PgQo �'N6� 6 Pc1�Dc� Q o� I�' HEREON 90� NO 2009 -045325I 0.R. 1 Cam! ° y 1 Ql 51 TPOB ;. ,, �, N`',/ �. s tn �229,E S2p 00 POB �M 6 ,> R,3 06.2, 1Z f'� e. 4.\ 0v !\ J Dom 4,, ' . �, `s jO \ u.1 oa i�, 79 , v4 .�' p co C A ' �; SCI 1 S InN 9� o --I `� N F� 0 TPOB j;�. � /, 'f" 6 •j4)04" wtiti� POB c, DETAIL „B„ NOT TO SCALE LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing DETAIL. "A" 11 ( ) Title to State SCale: 1 =60 .,,,,„ Access Prohibited NOTES Coordinates and bearings ore an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997976 to obtain ground 2 2 3 O 4- 2 PERMANENT FOOTING EASEMENT distances. All distances ore in feet unless otherwise noted. FEET 0 30 60 120 180 0 PREPARED BY: P S a A S 3 Dutton Centre Drive, Ste, 200 Santa ro, 6534/ 15459rnio B 707 (714i41-007Btl3 (Fox) DATE: 05-31 -1 2 REV.: 7; 11 -20--1 3 EA: OF540 FAss: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R 1 V 91 7.1 2 2 EXHIBIT MPAGE 10 • PSOMAS . EXHIBIT `CV LEGAL DESCRIPTION 4 Ca'trans Parcel No. 22304-3 5 Permanent Footing Easement APN 115-060-024 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of Otleial Records of said County, described as follows: Beginning at the most westerly corner of said Parcel A; thence South 79°02'20"East 24.03 feet to the True Point of Beginning; thence North 28°41' 18" East 33.00 feet; thence South 61 ° 18'42" East 37.00 feet; thence South 28°41' 18" West 33.00 feet; thence North 61°1.8'42" West 37.00 feet to the True Point of Beginning. Containing 1,221 square feet. See Exhibit `CT 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 30 Brian E. Bullock, PLS 5260 31 Date MA2PTG0105011SURVEY7LEGALSL2304_APN_ 115-060-0241Lesals122304-321'E.doc 11/19/2013 Page 1 of 1 EXHIBIT #6PAGE 11 EXHIBIT C2 • PARCEL# TITLE AREA APN 22304-3 ESMT 1,221 SG. FT. 115-060-024 V1P� `i 35 ik \-'-• tia51��0- o 1 0 \AC) ¢5�p� 3a ���0� \I I 1Nre ft .......1 . ,; . (�O S ?A 1rX1� , 1S x223^Oq 3 t_ ... 3 :-.. P� / L3 PROPOSED R/W { S77°33'38" 115-060-p09 .�. 3�0 E 1510.47' �ir DOD, NO. 2008-0453251 O,R. 4/ (4) . 9J C ., r iM SEE SHEET 2 59��,- PCL, A Sy3 NI cc; __._ lfl o DETAIL A".>�,9�, )- ° N c\ v 1„ 4' TEMESCAL � o Ln a,.� 1c2 CREEK CHANNEL , s° ( 9930O- PAL, 3 .-, S> 115-060-026 .0 9'' .. l - RCE . 6'9 • - L1 S1 LINE DATA ti98 0 Q BEARING DISTANCE -UpRRY tt'� q L1 S82°32'48"W 434.87' .3� L2 NO3° 38'41 "E 1 1 6.55' /`tea 1.3 N74° 12'05"E 12.35' RADIAL DATA L4 S12°26'19"W 168.20' BEARING R1 N55° 5821 "E LEGEND CURVE DATA POB Indicates Point Of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Cl 120.00' 33°56'35" 71.09' ( ) Title to stote C2 40.00' 46°28'01" 32.44' .L...I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 U 4- 3 PERMANENT FOOTING EASEMENT I lemommunt distances. All distances ore in feet unless otherwise noted. FEET 0 150 300 600 900 PREPARED BY: P S O M S 3 Hutton Centre Orive Ste. 200 (714140u1-8053/(714)545 OBB3 (Fox) DATE: 05-31-12 REV.: 7; 11-19-13 EA:OF540 FAA: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 7.1 1- 2 EXHIBIT WAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 22304-3 ESMT 1,221 SO. FT. 115-060-024 01 0 �(ED O' R R o5.. °,z A 5 115-060-004 si6l� W' E��S��N� S 77° 3 „ 3 38 E w r— _ 281 .27, , 1510.47' _ ¢ rkk ` O n sc,D In ; (2250 3) aQoS�,���• 0 , + OFj F - , J S .`';%` , Q DOC NO, 2008-- 045325 I O. R . . POB . �� ''' 4° , PCL, A S l j 063 21 . 3 .� .� TPQB �, LINE DATA �,o� A3� 401 �lryj° SrZO BEARING :DISTANCE 2�. L1 579°02'2Q°'E 24.03' F`,� j9,� L2 N28°41 `1 8�'E, 33.00' FS, S �9� L3 561 ° 1 8'42"E 37.04' �S�o Q8 )p+ L4 S28° 41 '1 8"W 33.00' r� C''Q 6� o L5 N61 ° 1 8'42"W 37.00' ; /, `�� �r yq�� s _ F<' 4 LEGEND P0B indicates Point Of Beginning TPOB Indicates True Paint Of Beginning (R) Indicates Radial Bearing DETAIL "A" "=60' ) Title to state SCa 1 e: 1 + ++14 Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 4- 3 PERMANENT FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. ` �,'....�1 4 E y FEET 0 30 60 120 180 • PREPARED BY: P S O A $ 3 Hutton Centre Drive, Ste. 2C0Santo (71/)401 8053/(714)545 8883 (Fax) DATE:05-31-12 REV.: 7; 11-19-13 EA:OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 (. 1 2 2 EXHIBIT AgPAGE 13 • • • P S O AS EXHIBIT `DX' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22304-4 5 Temporary Construction Easement - 6 APN 115-060-024 7 8 In the City of Corona, County. of Riverside, State of California, being a portion of Parcel 9 A as described in the deed recorded August 15 2008 as Document No. 2008-0453251 of to Official Records of said County, described as follows 11 12 Beginning at the most westerly comer of said Parcel A; thence North 03°38'41" East 13 116.55 feet along the westerly line of said Parcel A to the northwesterly corner thereof; 14 i thence North 74°12'05" East 12.35 feet along the northerly line to an angle point therein; 15 thence South 77°33'38" East 281.27 feet continuing along said northerly line to a point 16 thereon; thence South 67°59'05" West 169.68 feet to the beginning of a curve concave 17 northwesterly having a radius of 3,063.00 feet; thence southwesterly along said curve 18 i 106.21 feet through a central angle of. 01 °59'12" to a point on the southwesterly line of 19 said Parcel A; thence North 41°21'19" West 56.77 feet along said southwesterly line to 20 the Point of Beginning. 21 22 Containing 25,259 square feet. 23 24 See Exhibit `D2' attached hereto and made a part hereof. 25 26 The distances described herein are grid distances and are based on California Coordinate 27 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 28 grid distances by the mean combination factor of the courses being described. The mean 29 combination factor for this conversion is 0.99997476. 30 31 I M:12PTG0105011,SURVEYTEGALS122304 APN_115-060-0241Legals122304-0 TCE.doe 11/20/2013 Page 1 of 2 EXHIBIT &PAGE 14 2 Prepared under the direction of 3 4 5 ZSelled 6 Brian E. Bullock, PLS 5260 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 MA2PT(10105011.SURVEYNLECiAlS12230.1_APN_115-060-02411..egnls12230,1 4 TCE.doc 11/20/2013 Page 2 of 2 EXHIBIT Ai PAGE 15 (EXHIBIT D2 PARCEL# TITLE 22304-4 ESMT v SEE SHEET 2 DETAIL "A't TEMESCAL CREEK CHANNEL �115-060-026 LINE DATA BEARING DISTANCE L1 582°32148"W 434.87' L2 NO3° 38'41 l'E 1 16.55' L3 N74°12'05'°E 12.35' L4 S12°26'19"W 168.20' AREA 25,259 SO. FT. 9\ c FR 404 APN 115-060-024 DOD, AID, 2008- 453251 D,R, Y 298�7 S } LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicotes Radial Bearing Title to State i11ei1 Access Prohibited i •16- RADIAL DATA BEARING R1 N55° 58'21 "E CURVE DATA RADIUS DELTA LENGTH C1 120.00' 33°56'35" 71.09' C2 40.00' 46°28'01" 32.44' to C1 C2 115-070-086 TRW NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 22304-4 TEMPORARY CONSTRUCTION EASEMENT FEET 0 150 300 600 900 PREPARED BY: P S O A S 3 Hutton Centre Drive, Ste. 200 Santa Ana, Cotifornio 92707 f710481-8053/(714)545-8883 (Fox) DATE:05-31-12 REV.: 6; 11-20-13 EA:OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV • 91 7.1 1 2 EXHIBIT 42PAGE 16 IEXHIBIT ]D2 PARCEL# TITLE AREA APN 22304-4 ESMT� 25,259 SO. FT. 115-060-024 III• 91 E� F 0�i F R� o�''� R c ,\2 , 1 15-060--004 96‘9 R°''' U1 vIII Nl A Z 3`D i�' �1N� E S77°33138"E 1510.47'------_- 281.27' ;�� oro (.;) (2 23304 r 4 I � �Qcp Z r �° 1Q 5� Q o 9 SRO t POB FAo 0 3 '5'6> 50Q�,ri: ��� 0 5�\ ' OC. NO., 2008-0'1'r53251 O. R, • ��� . ,oN P CL . A D' �� o • �F 2, 'trF� 4- S0q` >>S` S9fi r C' 06, 9 r� _ OFF o o� ? e e, ��<- LEGEND POB Indicotes Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing DETAIL "A" "=60' ( ) Title to State SCO12: 1 1114Access Prohibited NOTES Coordinates and beorings ore on CC5 1983(2007.00) Zone 6. Distances and stotioning ore grid distances. Divide by 0.9999747E to obtoin ground 2 2 3 p 4_ 4 TEMPORARY CONSTRUCTION EASEMENT .� distances. All distances ore in feet unless otherwise noted. (.-.. FEET 0 30 60 120 180 0 PREPARED BY: P S O A S 3 Nutten Centre Drive Sle. 2DO {7tA IA QttiOSD i(7O1d 5<544883 0.0.) DATE:05-31-12 REV.: 6; 11-20-13 EA: OF540 FA::: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 _ R I V 91 7.1 2 2 EXHIBIT ARPAGE 17 • • PSOMAS EXHIBIT `E1' LEGAL DESCRIPTION Ca!trans Parcel No. 22304-5 5 Temporary Construction Easement 6 APN 115-060-024 7 8 9 10 11 12 13 14 15 16 17 18 Containing 8,400 square feet. 19 20 See Exhibit `E2' attached hereto and made a part hereof. 21 22 23 24 25 26 27 Prepared under the direction of 28 2 30 31 Brian E. Bullock, PLS 5260 Date In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as said parcel is described in the Deed recorded August 15, 2008 as Document No. 2008-0453251 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said Parcel A; thence South 12°26'16" West 40.00 feet along the easterly line of said Parcel A to a point thereon; thence North 77°33'38" West 210.00 feet; thence North 12'26'22" East 40.00 feet to a point on the northerly line of said Parcel A; thence South 77°33'38" East 210.00 feet along said northerly line to the Point of Beginning. 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. %/- D-/.3 MA2F11.3010501\SURVEY\LEGALS`22304_APN_l15-060-0241Lega1s122304-5_TCE.doc 11/19/2013 Page I of 1 EXHIBIT 1UPAGE 18 • .1S EXHIBIT E2 PARCEL# TITLE AREA APN 22304-5 ESMT 8,400 S0. FT. 115-060-024 FEE c'1 �WF 45o�1 F °- � ��\----� 1 0 Sl�� 3aQ 9 �10� ��R G RAW ;----. il•E .. ;-`- S a Rt X15 - - . .5 t .: r~ tL3 PROPOSED R/W 115-060-Q09,47' ~ 310 r S77°33'38"E 1510POB ti DOC, NO, 2002-0453251 0,R, !'�, 9 ,--. M s�Oo PC.L.4 A SEE SHEET 2 co r: cD O 98 j /9, DETAIL, "A.1 cv co 9- N a .— � S43°37'10"ECR 0 , O O ' in Cl TEMESCAL �a. , CREEK CHANNEL 4.,: °6 �'` C2 93 0- RCL : B v 15-060-026 �-. 90 -� 9Sj6F 1 � STREET Y LINE DATA Ny8 o �� 0Up,RR BEARING DISTANCE r -?6. `.98 3; , L1 S82°32'48"W 434.87' u� L2 NO3°38'41"E 116.55' �`� `' L3 N74° 12105"E 12.35' RADIAL. DATA L4. S1 2°26'19" W 168.20' BEARING R1 N55° 58'2`1 "E LEGEND CURVE DATA POB Indicates Point Of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Cl 120.00' 33°56'35" 71.09' ( ) Title to State C2 40.00' 46°28'01" 32.44' .,.... Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 4- 5 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. III® 1 posi MIMINNoulai FEET 0 f 50 300 600 900 PREPARED BY: PSOMAS 3 Hutton Contre Drive Ste. 200 SCJItQ Ano Ccllforni0 §2707 (lla)481-8�051/(ITIA:1S-0883 Igo0 DATE:11-19-13 REV.: EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS p O R I V 9 1 -7 (. 1 1 �7 2 EXHIBIT &PAGE 19 EXHIBIT 1E2 PARCEL# 22304-5 FT. TITLE AREA ESMT 8,400 SQ. 1 15- 060-� 004 1510.47' 210.00' 40.00 N77°33'38"W 210.00' ODD. NO.. 2oaa- 0453251 OAR., POL. A LEGEND POB -Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to Stote ++++++ Access Prohibited APN 115-060-024 DETAIL "A Scale: 1 11=60' POB 115-070--086 • • 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. FEET 0 22304-5 TEMPORARY CONSTRUCTION EASEMENT 30 60 120 180 PREPARED BY: PS O M A 5 3 Hutton Centre Orive, Ste. 200 Santa eno, Cotifornio 92707 (7141481-80534 714)545-B883 (nu) DATE:11-19-13 REV.: EA:OF540 FA#• • DISTRICT COUNTY ROUTE SHEET PM SHEET N0. TOTAL SHEETS 8 RIV 91 7.1 2 2 EXHIBIT WAGE 20 • • • Bedrosian Quarry, LLC 115-060-024 Aerial & Temporary Construction Easement 25,259 SF (Total Parcel Area 846,807 SF) r Permanent Footing Easement 2,433 SF Temporary Construction Easement 33,659 SF • Rq ANGELO J. PALMIERI (1926-1996) ROBERT F. WALDRON (1927-1998) ALAN H. WIENER' 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 W W PALMIERI, TYLER WIENER WILHELM &WALDRON STEPHEN A. SCHECK DONNA L. SNOW RYAN M. EASTER ELISE M. KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ANISH J. BANKER RYAN M. PRAGER BLAINE M. SEARLE ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, 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 December 18, 2013 1•1 I.��.i�.�MIS �AiCSIO Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 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@ptwww.com REFER TO FILE NO. 34031-002 Re: Bedrosian Quarry, LLC - Parcel No. 22304-1; 22304-2; 22304-3; 22304-4; 22304-5 Dear Clerk: The purpose of this letter is to notify the Riverside County Transportation Commission that the property owner intends to appear and be heard at the Resolution of Necessity hearing scheduled for January 8, 2014. Very ly you . Leifer MHL:mp cc: Client 1123465.1 I,,Jv , t•-ik 12.41 INDIAN WELLS (760) 568-261 1 IRVINE (949) 263-2600 LOS ANGELES (213) 61 7-8100 ONTARIo (909) 989-8584 BEST BEST & KRIEGER n ATTORNEYS AT LAW 3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. BOX 1028, RIVERSIDE, CA 92502 PHONE: (95 1) 686-1 450 I FAx: (95 1) 586-3083 I WWW.BBKLAW.COM GREGORY G SNARR (95 1) 826-8202 GREGORY. SNARR@BBKLAW . COM October 28, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 SACRAMENTO (916) 325-4000 SAN DIEGO (619) 525-1300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 785-0600 VIA HAND DELIVERY Re: Letter re Cancellation of Hearing Property Ownership: Bedrosian Quarry, LLC; RON 13-049 RCTC/SR91 Capital Improvements Project Dear Jennifer: Attached is our original letter to the owners of the Bedrosian Quarry regarding cancellation of the November 13, 2013 resolution of necessity hearing as to their property. Please do not hesitate to contact me, should have any questions. Very truly yours, Gregory Snarr for BEST BEST & KRIEGER LLP Attachment D � l �M 1 iiI ETir.SU COUNTY TRANSPORTATION COMMISSION l 7336.02100\8360011.1 Indian Wells (760)568-2611 Irvine (949)263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Gregory G Snarr (951) 826-8202 gregory.snarr@bbklaw.com File No. 17336.02700 I II Hi BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com October 28, 2013 Bedrosian Quarry, LLC 4285 N. Golden State Boulevard Fresno, CA 93722 Bedrosian Quarry, LLC, a California limited liability company c/o Larry E. Bedrosian 4285 N. Golden State Boulevard Fresno, CA 93722 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Bedrosian Quarry, LLC, a California limited liability company 1235 East Quarry Street Corona, CA 92879 Michael Leifer, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 Re: Cancellation of Hearing on Resolution of Necessity for the SR-91 Corridor Improvement Project in Riverside County, California; Assessor Parcel No. 115-060-024 and 115-060-025 (Caltrans Project Parcel No. 22304) Dear Property Owner and Mr. Leifer: This office represents the Riverside County Transportation Commission ("RCTC"). On October 3, 2013, we sent you a Notice of Hearing to Property Owners. This notice informed you of a November 13, 2013 hearing wherein RCTC would consider adopting a resolution of necessity to acquire your property by eminent domain. This letter is to inform you that RCTC will no longer proceed to consider your property's acquisition at the November 13, 2013 resolution hearing. If there are any changes or if RCTC deems it necessary to consider your property's acquisition at a future hearing, we will let you know. Please do not hesitate to contact me with any questions. Very truly yours, regory G Snarr for BEST BEST & KRIEGER LLP 17336.02100\8360010.1 J � ( usp\i C., C-7 % 1 /L/1 ANGELO J. PALM ROBERT F. WALD ALAN H. WIENER' 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 MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, OF COUNSEL JAMES E. WILHELM, OF COUNSEL DENNIS G. TYLER•, RETIRED 'A PROFESSIONAL CORPORATION IERI(1926-1998) RON (1927-1998) 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 BLAINE M. SEARLE JERAD BELTZ ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949)851-9400 www.ptwww.com October 15, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 t't7 ,'04 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©ptwww.com REFER TO FILE NO. 34031-002 Re: Bedrosian Quarry, LLC - Parcel No. 22304-1; 22304-2; 22304-3; 22304-4; 22304-RR; 22304-RR2 Dear Clerk: On August 7, 2013, we sent a letter reserving our right to appear and be heard at the Resolution of Necessity hearing, then scheduled for September 11, 2013. The hearing was subsequently continued a number of times. The purpose of this letter is to again notify the Riverside County Transportation Commission that the property owner intends to appear and be heard at the Resolution of Necessity hearing currently scheduled for November 13, 2013. Very truly yours, cc: Client 1079952.1 Bed Ko si on Q o..44. 1 (soN No 14 -001 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.2 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December 16, 2013. BEST BEST & KRIEGER LLP Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8393268.2 The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Permanent Non -Exclusive Aerial Easement" grants to RCTC, its successor and assigns, an easement and right of way for freeway purposes to construct, replace, reconstruct, inspect, maintain, repair, operate or remove an overhead freeway bridge and/or ramp, supporting columns and footings, including any and all appurtenances thereto, over, under, upon and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area and all abutter's rights of access to and from owner's remaining property to the freeway bridge and/or ramp. The easement will allow RCTC to construct, replace, reconstruct, inspect, maintain, repair, operate or remove a freeway structure commencing at 15 feet above the surface of the ground. The easement includes the non-exclusive right of access for the purpose constructing, replacing, reconstructing, inspecting, maintaining, repairing, operating or removing said freeway structures, and for inspecting the uses made of the land under the aerial easement, however, that RCTC's exercise of such right of access may not unreasonably interfere with owner's use of the land under the aerial easement. The property owner, its successors and assigns, will have the general right to use and enjoy the area of land under the aerial easement. The general right to use and enjoy said land by owner, its successors and assigns, shall however, be subject to the following limitations and conditions: 1. No use may be made of the area of land under the aerial easement hereinabove described which would impair the full use and safety of said freeway structure, its foundations or supporting element, or would otherwise interfere with the free flow of traffic thereon or would unreasonably impair the construction, replacement, reconstruction, inspection, maintenance, repair, operation or removal thereof. 2. No use may be made of the area of land under said aerial easement hereinabove described for the manufacture or storage of flammable, volatile, explosive or corrosive substances, and such substances shall not be brought onto said land except in such quantities as are normally required for the maintenance operations of occupants of said land and except as may be transported by rail or pipelines. Installation of any pipelines carrying volatile substances shall have the written approval of RCTC, its successor and assigns, as to the safety and compatibility with freeway purposes and such discretion shall not be exercised in a capricious or arbitrary manner. The use of any such substances shall be in conformance with all applicable code requirements. 3. No hazardous or unreasonably objectionable smoke, fumes, vapors, dust or odors shall be permitted, which would adversely affect the use or maintenance of said freeway or the traveling public thereon. 4. No building of combustible construction shall hereafter be constructed on the area of land under the aerial easement hereinabove described. RCTC, its successor and assigns, shall be given the opportunity to review and approve plans for any construction within said aerial easement area 60 days prior to said construction. No buildings, no permanent structures, and no advertising displays, may be constructed within 2.5 meters 17336.02100\8470642.1 EXHIBIT A, PAGE 1 of the undersides nor within 4.5 meters (measured horizontally) of the sides of said freeway structure without the express written approval of RCTC, its successor and assigns. RCTC, its successor and assigns, shall have the discretion to determine whether such proposed construction will be inimical to or incompatible with the full enjoyment of the public rights in the freeway or against the public interest, but such discretion shall not be exercised in a capricious or arbitrary manner. The property owner will maintain all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within the area of land under the aerial easement, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than the area of land hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of said land, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells, or mines, without, however, the right to drill, mine, explore and operate through the surface or the upper 30.5 meters of the subsurface of said land or otherwise in such manner as to endanger the safety of any highway that may be constructed on said land. "Permanent Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, reconstruct, maintain, operate repair, alter, replace, and remove freeway bridge and/or support column(s) and associated footings, over, 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 column(s) and associated 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 24 months and ending no later than. December 17, 2017. Such rights shall be available beginning no fewer than 72 hours after the date that RCTC provides written notices of commencement of possession to the property owner. Property Owner shall not cause, directly indirectly or negligently, any interference with or harm to the rights conveyed hereunder. Prior to termination of this easement, 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, nor shall property owners 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. 17336.02100\8470642.1 EXHIBIT A, PAGE 2 1 5 8 9 10 11 12 13 14 15 16 17 18 19 /0 22 23 24 25 26 27 28 29 30 31 3ie EXHIBIT `Al' LEGAL DESCRIPTION Ca!trans Parcel No. 22304-1 Permanent Non -Exclusive Aerial Easement APN 115-060-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of Official Records of said County, described as follows: Beginning at the most westerly corner of said Parcel A; thence North 03°38'41" East 116.55 feet along the westerly line of said Parcel A to the northwesterly corner thereof; thence North 74°12'05" East 12.35 feet along the northerly line to an angle point therein; thence continuing along said northerly line South 77°33'38" East 281.27 feet; thence South 67°59'05" West 169.68 feet to the beginning of a curve concave northwesterly having a radius of 3,063.00 feet; thence southwesterly along said curve 106.21 feet through a central angle of 01°59'12" to a point on the southwesterly line of said Parcel A; thence North 41°21'19" West 56.77 feet along said southwesterly line to the Point of Beginning. Containing 25,259 square feet. See Exhibit 4A2' attached hereto and made a part hereof The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:12PTG010501 Sl)R VEY\LEGAI»22304_A1>N_115-060-024ki-epl s \22304-1_14i.cloc 11/19/2013 Paige 1 of 2 EXHIBIT A, PAGE 3 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 •)0 2 22 23 24 25 26 27 28 29 30 31 • Prepared under the direction of //- 2.40- /3 Brian E. Bullock, PLS 5260 Date M:\2PTGO 10501 SUR VEY\1.EGAI ,S12230,1_,A PN_115-060-02111..eiza1A2230,4.1_P Rdoo 11/19/2013 Page 2 of 2 EXHIBIT A, PAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 22304-1 ESMT 25,2 9 SO. FT. 115-060-024 'tik 0' 0 9,03 ,-.. 0 I., ,g\l' NG B /44 . , . , E. )0511 !, ; _ : t • -.., -51c.) 22304-1 -- --... , .... . — ,...2 i L3 \ PROPOSED R/1/4/ ----------------------------- I S77°33/3811E 1510.47' / / 5-060-004 ‘ ] \ POB / ' ----------- --- / DOC; , NO, 200'a-045325 I (3,R, zo. \., , ' 57/..N\ POL , A ,6" - rn 57, /- 57,3'o co SEE SHEET 2 - s ,-) Cv oz; -liff4117-11.41r- N').,> /9„ %?,>.. a 04 57- N v- \ .., ' 70 ' (7) \ \ , N ../-' N\ TEMESCAL 0 co 0 , 0, r•-, C) 1 to - CREEK- ° ‹,N 400- CHANNEL ' ' \ C2 e'..N9j VO - N \ P I .> Si •4:r 'VS)P-•• 79'' ' 1 1 5-060-0261 0 . - - 1 ' •6�5©- SIRE 57-N , 0 -NA, , LINE DATA N.:.;:(5) . ' 60 °Il'IN( ' BEARING DISTANCE - de.?& <"7i , Li 582°32'481'W 434.87' - ->k.?...--6 6‘, L2 NO3°38'41“E 116.55' / ,. "j•-• t...: L3 N74°12'05“E 12.35' o RADIAL DATA L4 S12°26`19“W 168.20' BEARING R1 N55° 58`21"E ou LEGEND CURVE DATA r p06 Indicates Point Of Beginning RADIUS DELTA LENGTH TPOB indicates True Point Of Beginning (R) Indicates Radial Bearing Cl 120.00' 33°56'35" 71.09' 1 ( ) Title to State C2 40.00' 46°28'01'1 32.44' ,,,,, I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0,99997476 to obtain ground 22304-1 PERMANENT NON-EXCLUSIVE AERIAL EASEMENT , distances. All distances ore in feet unless otherwise noted. FEET 0 150 300 600 900 PREPARED By: P ' 3 Wul tan Cenhro Drivo, Ste. 200 SOilttl ArO, COI' 1 OM TO 92/0T I 04)481-8053/010545-8983 (Fax) DATE:05-31-12 REV.: 6; 11-19-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.1 1 2 EXHIBIT A, PAGE 5 EXHIBIT A2 PARCELff TITLE AREA APN 22304-1 ESMT 25,259 SO. FT. 115-060-024 ().1 040 • 0\7-' ,5\° POB r'r',°.4s1 22304--1) " Co• .\"/- �©j \- '0\ ° 4/577 °<-7 LEGEND ROB Indicates Point Of Beginning TpoB Indicotes True Point Of Beginning (R) Indicates Radial Bearing ) Title to State Access Prohibited 7 15-060-004 S77°33'38"E 1510.47' 281.27' ‹_\ 5'0 DOC, NO, 2003-0453a51 JR FT' A DETAIL "A" Scale: 1'1=60, 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. 22304-1 PERMANENT NON-EXCLUSIVE AERIAL EASEMENT vir 120 FEET 0 30 GO 180 PREPARED BY: P S 3 Hutton Centre Drive, STe. Conic Arm, CutifQ,Ata 12707 1714t461.8053/[714)C4S-02113 (rex) DATE: 05-31-12 REV.: 6; 11-19-13 EA: 0E540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.1 2 2 EXHIBIT A, PAGE 6 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 EXHIBIT ‘131' LEGAL DESCRIPTION Ca!trans Parcel No. 22304-2 Permanent Footing Easement APN 115-060-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of Official Records of said County, described as follows: Beginning at the most westerly corner of said Parcel A; thence North 03°38'41" East 7.89 feet along the westerly line of said Parcel A to the True Point of Beginning; thence North 03°38'41" East 32.98 feet continuing along said westerly line to a point thereon; thence North 43°59'15" East 1.30 feet; thence North 52°16'29" West 1.02 feet to a point on said westerly line; thence North 03°38'41" East 30.18 feet along said westerly line to a point thereon; thence South 52'16'29" East 19.02 feet; thence South 37°43'31" West 18.52 feet; thence South 46°00'45" East 36.62 feet; thence South 43°59'15" West 33.00 feet; thence North 46°00'45" West 15.65 feet to the True Point of Beginning. Containing 1,212 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. N1:12PTC;010501 S R VEYLEGA LS1.22304_AP t‘1_1 15-060-024'11.ega Is122304-2_P F E ,tlot; 11/20/2013 Page I of 2 EXHIBIT A, PAGE 7 1 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 -)4 25 26 27 28 29 30 31 Prepared under the direction of Brian E. Bullock, PLS 5260 Date /7-zoig MA2PTC10 i 0501LS URVEY LEO ALS122304_APN_115-060-0241,egais122304-2_1'14,—doc 11/20/2011 Page 2 of 2 EXHIBIT A, PAGE 8 PATTI 1 k IT B2 PARCEL* TITLE AREA AP N 22304-2 ESMT 1,212 SO. FT. 115-060-024 i1N 43 0 1 05 r-- i:i /11 , r"--: V. 0. 1.51\ :....1 . - ---.: 1 22304-.2 "I° _ • , / i,A\ PROPOSED RAY TPO I S77°33'38"E 1510.47' / 15-060-004 / PO i , .............. / ,- ....- DOC , NO, 2003-045325 I 0 ..F? . In. — ro \ vz oN PC!. A .5' - in SEE SHEET 2 ,5" ‹. N 9 t. '9Jc) co r\i ozi ko co c, DETAIL A 0 / '? (5.., 5/ '''. 4, TEMESCAL j> , 0 (N) N V' l0 '' <Cs" ' V) UP) C.1 , c.) N. 0 I tn - <7, CREEK CHANNEL i "P;',°60 \ lg.- r 2 < , '''..9,), TO- p C l , Ei 11 1:5> °. 5-060-026 0i9 '' • 1557 , o-SI R-.-E1 l.-1 ,-----RRY -- LINE DATA 4/ UA OF, BEARING DISTANCE ifo 3/0..1767 Ll S82° 32148"W 434.87' , .,/;-., ...,,,,,,, L2 NO3°38'41"E 116.55' ‘..3',/,....3'6 L3 N74°12'05"E 12.35' RADIAL DATA L4 S12°26'19"W 168.20' BEARING R1 N55° 58121"E ill LEGEND CURVE DATA qv POB indicates Point Of Beginning RADIUS DELTA LENGTH TPOB indicates True Point Of Beginning (R) indicates Radial Bearing C1 120.00' 33°56'35" 71.09' \ ( ) Title to stole C2 40.00' 46°28'01" 32.44' ...... 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 22304-2 PERMANENT FOOTING EASEMENT _ _,..... distances. All distances are in feet unless otherwise noted. , ... FEET 0 150 300 600 900 PREPARED BY: P S • A S 3 PUTIOn Centre DriVe, Ste. 200 Santa Ana, Cai,tornm 927De 1714,4al-A053/t/14)5A=.-9A83 [Fail DATE:05-31-12 REV.: 7; 11-20-13 EA:OF540 ran: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 7.1 1 2 EXHIBIT A, PAGE 9 EXHIBIT B2 P ARCE Ltt 22304-2 TITLE ESMT AREA 1,212 SO. FT. APN 115-060-024 9\ ,E,.441):‘{ 0`' 9.ff3' 0 \ m; 0 t TPOB 115-060-004 S77°33'38"E 1510.47' 281.27' • .) NO' tor"- .... q:,•- 7_ , ---'• o<0- '-',\ C)1)• \I ao POB i).-- 0 /PT 70 .D,, „ ')‘<c`k,,,,,, 7,9, , > ,.1,vcs, -•ir<,. •,>7- .r?6) C?„,p<cs ›, <C:f- -' / i."./ C>>. LEGEND POB indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radio! Bearing Title to State ,11, 1, Access Prohibited sq31° LINE DATA BEARING DISTANCE Ll NO3° 38'41"E 7.89' L2 NO3°38141"E 32.98' L3 N43° 59115"E 1.30' L4 N52°16129"W 1.02' L5 NO3°38141"E 30.18' L6 S37°43/31"W 18.52' c543‘D NO, (2; • POL., A 00 C 2009- 045325 DETAIL "B" NOT TO SCALE DETAIL "A" Scale: 111=60' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 22304-2 PERMANENT FOOTING EASEMENT FEET 0 30 60 120 160 PREPARED BY: P S 1111 3 Hutto,. Centre ()rive, Ste, 200 Santo Aro, Coiifornic 92707 (714)461,8053/(714)545-0883 (Fos) DATE: 05-31-12 REV.: 7; 11-20-13 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 R1V 91 7.1 2 2 EXHIBIT A, PAGE 10 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 27 28 29 30 31 EXHIBIT 'CI LEGAL DESCRIPTION Caltrans Parcel No. 22304-3 Permanent Footing Easement APN 115-060-024 In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of Official Records of said County, described as follows: Beginning at the most westerly corner of said Parcel A; thence South 79°02'20" East 24.03 feet to the True Point of Beginning; thence North 28°41'18" East 33.00 feet; thence South 61'18'42" East 37.00 feet; thence South 28°41'18" West 33.00 feet; thence North 61°18'42" West 37.00 feet to the True Point of Beginning. Containing 1,221 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. Prepared under the direction of ? Brian E. Bullock, PLS 5260 Date mA2r,root 0501 R VEY‘LECIA L S \22.304_APN_115-060-024 kl..egals122304-3_P1'E.doe 11/19/72013 Page. 1 of I EXHIBIT A, PAGE 11 EXHIBIT C2 PARCEL# TITLE AREA 4pN 22304-3 [SMT 1,221 3U. FT, 115-060-024 L 3*1 PROPOSED RIW SEE SHEET 2/ CREEK CHANNEL 115-060-026 LINE DATA 0 BEARING DISTANCE ­76 Y-�v S - RI N55058'21"E LEGENDCURVE DATA 110 ' PVD Indicates point Of Beginning RADIUS DELTA LENGTH Tp8B Indicates True puim+ Of Beginning (n) Indicates nou|o/ Bearing �1 , ^ �2O 0O � , ° 33 56 ]5 T� O9 ' ' � ° { ) Title to State CZ 40.00' 46028'01" 32.44' Access Prohibited NOTES - Coordinates and bearings are on CCS 1983(2007.0}) Zone 6. Distances and stationing are grid distances. D|,|dn by 0.99997476 to obtain ground � � � �� � � ����^���~�-�� PERMANENT FOOTING EASEMENT distances. A// distances are in feet uo|ano otherwise noted. FLET O 150 JoO son e00 ; PREPARED ay ` �� �� �� �� �� u � �� � " �� ~� 2W D«TE:O5-3x-12 REV.: 7; 11-19-13 EA-0f540 r4U; DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS EXHIBIT A, PAGE 12 EXIIII3IT C2 PARCE Lit TITLE AREA APN 22304-3 ESMT 1,221 SO. FT. 115-060-024 C3\ '01° (PI 0;k....0._, c.)° 0 \ 2. , (3` 115-060-004 NIO Al \ ? _ .1c) i \ - 10-S ------- S77° 33`38"E 1510.47' 281-27' ____________ LA.1 , .— - 1-0 q... in Co in (22304-3) S,NOg. re) 1..o. o ,- re) — o z POB ,4.--- cw, ---1/ ' ' ' OD 0 , '1\J a , 2,008-0453251 OR., ..,, ".._, ,' , et:\ q's W 13'j .C5' \ '' , \ „.,. TPOB v. .0‘,-) L INE DATA i tx.„) -ci"\ i>..- 0,:::;‘, BEARING DISTANCE <',, Ll 579°02'20"E 24.03' , 2‹...C‘,/,„<<„, / .9,, L2 N28°41 '18"E 33.00' 4 So-1‹, ,5`,7,9 L3 S61°18'42"E 37.00' • ? \ L4 S28°41 '18"W 33.00' V- \ C 0\0 fry "PAN L5 N61°18'42"W 37.00' 2\ .>, <<\,,f- / -9. c, 0,5, \ -....„ 4,....1/ , LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing DETAIL "A" ( ) Title to State Sca I e: 1"=60' ,,,,,, 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 22304-3 PERMANENT FOOTING EASEMENT distances, Alf distances are in feet unless otherwise noted. " FEET 0 30 60 120 180 PREPARED BY: P S 4° 3 HuttQa Centre Crtve, Ste. 2G0 Santo Ana, corformo 32707 (7:4)461-3051A714)545.8881 itex) DATE: 05-31-12 REV.: 7; 11-19-13 EA: OF540 FAit: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 7.1 2 2 EXHIBIT A, PAGE 13 2 3 EXHIBIT `01' LEGAL DESCRIPTION Ca'trans Parcel No. 22304-4 5 Temporary Construction Easement 6 APN 115-060-024 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 In the City of Corona, County of Riverside, State of California, being a portion of Parcel A as described in the deed recorded August 15, 2008 as Document No. 2008-0453251 of Official Records of said County, described as follows: Beginning at the most westerly comer of said Parcel A; thence North 03°38'41" East 116.55 feet along the westerly line of said Parcel A to the northwesterly corner thereof; thence North 74°12'05" East 12.35 feet along the northerly line to an angle point therein; thence South 77°33'38" East 281.27 feet continuing along said northerly line to a point thereon; thence South 67°59'05" West 169.68 feet to the beginning of a curve concave northwesterly having a radius of 3,063.00 feet; thence southwesterly along said curve 106.21 feet through a central angle of 01°59'12" to a point on the southwesterly line of said Parcel A; thence North 41°21'19" West 56.77 feet along said southwesterly line to the Point of Beginning. Containing 25,259 square feet. See Exhibit 'DT 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. 1v1:12PTCi0 I 030 i SUR VEYTEGA LS122304_APN _ I I 5-060-024NLegals\22304-1:1-CE,tIoe. I I/20/2013 Page I of 2 EXHIBIT A, PAGE 14 2 Prepared under the direction of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 11 23 24 25 26 27 18 29 30 31 dieel Brian E. Bullock, PLS 5260 Date 3 Tv1:12PTOO 1 0501'ISURVEYNI .141 ALS \ 22304_APN_l 15 -00-0241.egals \ 22304-4 TC.F.doc I 1 /20/20 t 3 Page 2 or2 EXHIBIT A, PAGE 15 EXHII, IT D2 PAACEL# TITLE AREA APN 22304-4 E8WT 25,259 SO. FT. 115-060-024 -------------- DETAIL 'A .0 CREEK CHANNEL —6. LINE DATA 0 LEGEND CURVE DATA T POB |ngivnt*a Point Of Beginning RADIUS DELTA LENGTH TPO8 |nu|rofos rrma Point Of 8eg|oo}og (n) |nu|cnt=a nnd|o| Bearing C1 , l2O.D0 � , .. 3� 56 �S 71 .0� ' .. �V ( ) Title to State [2 40,00. 4602D'O1 32.44~ . ..'.^ ^cowsm Prohibited NOTES coordinates and m=rmna are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 ��N 4 -4 � TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in fee~ unless n~^or°ioe noted. - _-__- Fccr 0 150 300 s00 900 PREPARED BY` �� �� �& �� �� m +w �" � �� °� S.11to Ana, � ���� : DATE: 05-31-12 REV.: 6; 11-20-13 EAUF540 [A#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS EXHIBIT A, PAGE 16 EX IT D2 PARCEL# TITLE AREA APN 22304-4 ESMT 25,259 SO. FT. 115-064-024 • 91 \14 0 (9'" n\)'' 3 115-060-004 ��� IAo1 \okc �-----' S77°33'38"E 1510.47' iii _. ----_ 281 .27' f q) rn so (22304-4) �Ln•i o`' Z In T a (����° o �, '� 1" ' P08 oo , '2' 66 3or' D C,, N0., 2003-0^r5,3251 0,R. •> 4° 12 �. ���� ° .-, r� (1 1 �.- C\ 1 D L ., f 1 Np`. AJ ° D/ .. %�� "9,b S S�9 f ds, 9(9 ©� 9 , -,r� ,� 0, ! `',` Cy1� �` C� 4F s. LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radio! Bearing DETAIL "A" �� ( ) Title to State Scale: =60 1r[1,l Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22 3 U 4 - 4 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. _..._._. . FEET 0 30 60 120 160 PREPARED BY: P S 0 M 3 Huttcn Centre Or-ive Ste. 200 Scnta Ana, Ccliforma 92707 } (f141461-8053!(714)945-8883 (Fox) DATE:05-31-12 REV.: 6; 11-20-13 EA:°F540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R t V 9 1 7. 1 2 2 EXHIBIT A, PAGE 17 EXHIBIT `El' 2 LEGAL DESCRIPTION 3 4 Ca!trans Parcel No. 22304-5 5 Teinuorary Construction Easement 6 APN 115-060-024 8 In the City of Corolla, County of Riverside, State of California, being a portion of Parcel 9 A as said parcel is described in the Deed recorded August 15, 2008 as Document No. 10 2008-0453251 of Official Records of said County, described as follows: 11 12 Beginning at the northeasterly comer of said Parcel A; thence South 12°26'16" West 13 40.00 feet along the easterly line of said Parcel A to a point thereon; thence North 14 77°33'38" West 210.00 feet; thence North 12°26'22" East 40.00 feet to a point on the 15 northerly line of said Parcel A; thence South 77'33'38" East 210.00 feet along said i 6 northerly line to the Point of Beginning. 17 18 Containing 8,400 square feet. 19 20 See Exhibit `E2' attached hereto and made a. part hereof. 21 22 The distances described herein are grid distances and are based on California Coordinate 23 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 24 grid distances by the mean combination factor of the courses being described. The mean 25 combination factor for this conversion is 0.99997476. 26 27 Prepared under the direction of 28 -)9 30 eW:gt%-- 31 Brian E. Bullock, PLS 5260 Date ll-Ze7- /3 hi:12 V113010501 SUR VE YU.130A 22304._A P NJ_ I 13-060-024'Leg1(A.12304-5fCE. doe I I/19/2013 Page 1 of I EXHIBIT A, PAGE 18 EXHIBIT E2 P AR C E L# TITLE AREA AP N 22304-5 ESMT 8,400 SO. FT. 115-060-024 OS\ (3;4(-j\14 I\N( --k— ,, SV)n Ps , .0 S7k isl x , , 22'3 4- ._ . .....„ ____________ L3 PROPOSED R/w / /-----------5-060-004 _....212.13_,J, 8"E / 510.47' , P013 rya____________-. \ t ' ' " ---- --Z.." '---- , ........ -...., f..-- il/v DOC, NO, 2002-045325J 0,R, / :..(0 , /0 PCL„ A — rr) ,.5' SEE SHEET 2 C 3 0 ' ...._ ‘.13 Ci D) v i - N 03 6' DETAIL A • ,› 70 ,, 7- 4, c\.1.:4- ( S43°37'10"E(R) v) TEMESCAL ci O N- O 1 tr) — <1.:N A-) o C2 CREEK CHANNEL s...,!,,-;,.,6 0 ‹..;,:s..17(9- PC1 , El r- .,,-, "VIN.„ N-476, 0..„.„...----- S-1. L INE DATA 0 QUARRY BEARING DISTANCE „ /4.'0, 2. Ll 582°32'48"W 434.87' ›- tz> , L2 NO3°38`41"E 116.55' t.)-',/ ' '• ,-,•-- L3 N74°12'05"E 12.35' 0 RADIAL DATA L4 S12°26'19"W 168.20' BEARING R1 N55°58'21"E dm LEGEND CURVE DATA r POB Indicates Point Of Beginning RADIUS DELTA LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Cl 120.00' ° 335635 '" 71.09' ( ) Title to State C2 40.00' 46°28'01" 32.44' ,,,.,t 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 22304-5 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. —. FEET 0 150 300 600 900 PREPARED BY: P S • S 3 rutton Centre vrr.e, Ste. 200 Santp Ana, Cahrarn a 12707 t714,01-8053/f714)545-0387 IFcx) DATE: 11-19-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.1 1 2 EXHIBIT A, PAGE 19 EXI T E2 PARCEL# TITLE AREA APN 22304-5 ESMT 8,400 SO. FT. 115-060-024 115-060-004 —.-� 223Oq-5 S77033'38" E POB ..-- 1 510.4 7 ' __ 210.00' ,______ 40.00' — __ -0 N77°33'38" w 210.00' - NI 0 ZO �T in Pi o CV NI•q- z 115-Q70-OS6 DnC`, N0, 200a'—OL1 J3251 0..R.,PCL. A�icd � !, Cv 10 I' CV t v) f i 1 LEGEND ~ POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Roditll Bearing DETAIL "A" ®� t ( ) Title to State i11,l1 Access Prohibited SC©IC: 111=6D` NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances end stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 3 O 4- 5 TEMPORARY CONSTRUCTION EASEMENT - distances. All distances ore in feet unless otherwise noted. FEET 0 30 60 120 180 PREPARED BY: P =s: A, S 3 nutton Centro Drive, Ste, 406 Sante Ano, Coilfornia 92.707 171a)461-BOWI?74J545-e897 (Fax) DATE:11-19-13 REV.: EA:OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R 1 V 91 7.1 2 2 EXHIBIT A, PAGE 20 PROOF OF MAILING NOTICE I, Mandy V. Villareal, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 16, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 115-060-024 (CPNs 22304-1, 22304-2, 22304-3, 22304-4 and 22304-5): Bedrosian Quarry, LLC 4285 N. Golden State Boulevard Fresno, CA 93722 Record Owner Bedrosian Quarry, LLC, a California limited liability company c/o Larry E. Bedrosian 4285 N. Golden State Boulevard Fresno, CA 93722 Record Owner Bedrosian Quarry, LLC, a California limited liability company 1235 East Quarry Street Corona, CA 92879 Record Owner Michael Leifer, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 Courtesy Copy Dated: December 16, 2013. \ Mane. V. Villareal 17336.02100\8393268.2 INDIAN WELLS (760) 568-261 I IRVINE (949) 263-2600 Los ANGELES (21 3) 61 7-8100 ONTARIO (909) 989-8584 G'G /2A F(wvt I I 11 ti BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. BOX 1028, RIVERSIDE, CA 92502 PHONE: (95 1) 686-1 450 I FAX: (95 I ) 686-3083 I WWW.BBKLAW.COM MARGARET L. BARNES (95 1 ) 826-8357 MARGARET. BARNES@B B KLAW . CO M October 3, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 D SACRAMENlO (91 6) 325-4000 SAN DIEGO (6 1 9) 525-1 300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 785-0600 OCT 04 2'613 RIVERSIDE COUNTY TRANSPORTATION COMMISSION r,OLVME II L, VIA HAND DELIVERY Re: Notice of Continuance of Hearing to Property Owners Property Ownership: Bedrosian Quarry, LLC; APNS 115-060-124 and 115-060-025; CPN 22304 RCTC/SR91 Capital Improvements Project Dear Jennifer: Attached is the original Notice of Continuance of Hearing to Property Owners, with proof of mailing, of the hearing on the adoption of a resolution of necessity scheduled for October 9, 2013. This parcel is being continued to the hearing of November 13, 2013. Please do not hesitate to contact me, should have any questions. Attachments Very truly yours, ���.. /fzeTh.)te/ MargarL Barnes, Senior Litigation Paralegal for BEST BEST & KRIEGER LLP 17336.02100\8309738.2 NOTICE OF CONTINUANCE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 13, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8312695.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: October 3, 2013. Wednesday, November 13, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP B y: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8312695.1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on October, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 115-060-024 and 115-060-025 (CPN 22304): Bedrosian Quarry, LLC 4285 N. Golden State Boulevard Fresno, CA 93722 Record Owner Bedrosian Quarry, LLC, a California limited liability company c/o Larry E. Bedrosian 4285 N. Golden State Boulevard Fresno, CA 93722 Record Owner Bedrosian Quarry, LLC, a California limited liability company 1235 East Quarry Street Corona, CA 92879 Record Owner Michael Leifer, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 Courtesy Copy 1 4 Dated: October , 2013 F Frances White 17336.02100\8312695.1 ATTACHMENT 2 • • • RESOLUTION NO. 14-002 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. 118-160-071, 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. 118-160-071 (Caltrans Parcel Nos. 22178-1, 22178-2, 22178-3, 22178-4 and 22178-5), 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, January 8, 2014 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. 41 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. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions and maps of the interests 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 S. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make • Li? • 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_pro_perty 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 43 • dd • • • 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. "Building Demolition Easement" refers to an 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. 17336.02100\8414761.1 EXHIBITA PAGE 1 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. Such right shall be exercised for a period of 9 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. "Building Access Easement" refers to a 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. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. Such right shall be exercised for a period of 9 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. • • 17336.02100\8414761.1 EXHIBITA PAGE 2 PS OMAS 1 EXHIBIT `AI' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22178-1 5 Fee Acquisition 6 APN 118-160-071 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel to Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at the most westerly southwesterly corner of said Parcel 1; thence along the 13 westerly line of said Parcel, North 07°57'35" East 34.52 feet; thence leaving said 14 westerly line, South 40°08'25" East 22.54 feet to the beginning of a non -tangent curve, 15 concave to the south, having a radius of 5,034.00 feet and to which beginning a radial 16 line bears North 01°13'43" East; thence easterly 110.33 feet along said curve through a 17 central angle of 01 °15'21 "; thence South 87°30'56" East 321.83 feet to a point on the 18 easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the 19 southeasterly corner thereof ; thence along said easterly line, South 08°01'54" West 20 61.07 feet to said southeasterly corner; thence along the southerly and southwesterly lines 21 of said Parcel, the following three (3) courses: 22 1. North 83'56'15" West 105.66 feet to the beginning of a curve, concave to the south 23 and having a radius of 5,153.00 feet; thence 24 2. Westerly 316.71 feet along said curve, through a central angle of 03°31'17" to the 25 most southerly southwesterly corner of said Parcel; thence 26 3 North 39°45'26" West 33.98 feet to the Point of Beginning. 27 28 Containing 22,070 square feet 29 30 M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Legal\22178-1.docx Page 1 of 2 Last printed 9/30/2013 8:50:00 AM EXHIBIT¢, PAGE 3 PSOMAS The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch, Ground distances may be obtained by dividMg 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 5 6 See Exhibit `AT attached hereto and made apart hereof. 7 Prepamd under the direction of 9 10. 11 12. t;,,ect.„..0 13 Jeremy 1.4. Evans;, pEs 52g2 Date 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 t .1-4015 • • Last minted 9/30/2013 8:50:00 AM MA2PTG010501\SURVEYNLEGALS122178_APN_118-160-071Lega1122178-1.docx Page 2 of 2 EXHIBITA PAGE 4 PARCEL# TITLE EXHIBIT. 42 GRANTOR AREA APN 22178-1 F E E 'Z. CORONA. PROPERTIES, LL. C. C RV TABLE. C.1, - 07-1:°1- ti.-450444-0.0.' L=110.33' RADIAL TABLE - 1402.P 32'27-"E IR2 .1\101 1 -3/:43"E fry ›- 0— "N• LIJ CC,-1 tonz---icagr 0 .•Ittk:c 9 POL, P OL 14 22,070 SF PGL P41‘1 a 23,870 PaMa.aa .156/4gP-49 0.00a NO a 2004.- 04360421 R E X IS T I NG FRONTAGE R /W 21.0 ROUTE 91. RIVERS:ME 118-160-G71 LINE TABLE L1 - 1\139'.45126" W L2 •-• NO7°57'35"E 34.52' L3 - 540908'25"E 22.54' ,L4 - SO,frO1'54"-W L 5 - N83° 56-'15"-W 105.66/ 118.-16Q-053 PC1_. ROQTE 91 R1VERSIDF FREEWAY CiL STATIONING LEGEND indiebtes Radi01 BOairirig Point of Beginning Title. to :State Access Prohibited 3 11 13=L 160-14$ FOL M ND, 2093a c.g Pct. d rev 'II 8-1 60-066 M 13619a-101 z PG-1-, 9 278 NOTES Coardinates and bearings Ore on CCS 1983(2007:00) Zone 6. Distonce,s and stationing are grid distances. 0* vide by 0:999,97476 to obtain dund distances. Ail distances are n.feet unie0 othOrwise. noted: 22178-1 FEE ACQUISITION .FEET 0 50 100 200 lob PREPARED BY; DATE: 09-27-13 REV. 4: 09-27-2013 EA.:: OF-540 FAW: P S M $ 2.0 11144,751-:7373ie7l.4)548883 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOT -AL SHEETS digitirr FACE 5 5.2 • • sn PSOMAS EXHIBIT `BF LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22178-2 Temporary Construction Easement APN 118-160-071 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel 10 Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at a point on the easterly line of said Parcel 1, distant thereon 13 North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence 14 North 87°30'56" West 31.97 feet; thence North 06°35'06" East 10.03 feet; thence 15 South 87°30'56" East 32.23 feet to the easterly line of said Parcel; thence along said 16 easterly line, South 08°01'54" West 10.05 feet to the Point of Beginning. 17 18 Contains 321 square feet 19 20 21 The distances described herein are grid distances and are based on California Coordinate 22 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 23 grid distances by the mean combination factor of the courses being described. The mean 24 combination factor for this conversion is 0.99997476. 25 26 27 28 See Exhibit 132' attached hereto and made apart hereof. 29 30 31 M:12PTG010501\SURVEY\LEGALS122178_APN_118-160-071\Legal\22178-2.docx Page 1 of 2 Last printed 9/30/2013 8:50:00 AM EXHIBITA, PAGE 6 PS OMAS 2 This legal description has been prepared by me or under my direction; 3 4. 5 6 . Jeremy L. Evans, PLS 5282. 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 tp •r * io Date M:\2PTG01050I\SURVEY\ EGALS22178APN 118-160-0711Lega1\22178-2:docx Page 2 of 2 Last printed 9/30/20138:50:00 AM EXHIBIT49 PAGE 7 EXHIBIT B2 PARC Et 4t: TITLE GRANTOR AREA A P N 22178-2 TCE RADIAL TABLE R1 - NO2°32127"E sJ 4 th a'n Ltj Ot AA ml 0 Z CORONA PROPERTIES, L LC Pa 8- 6o-oa5 321 SF 1014, '01.043 rat, 1 4 118-160-071 LINE TABLE N-392151-28.-"W 334961 ',54"E ./ 1.8,1-6a-053- POL J 5 N.81656-'33,1W 447.15' ..PGL J P NJ , 23270 P 1J. 1547/48-44 Doc a ND. 2004- 0 361)42 . S NG RON. AGE:FAD . R 7W r 587,° 30156uE 32.23' NO6 35 °6 10.03 • N97-.° 3046B"Vi PROPOSE() R/W 4 POMONA ROAD Liu aFr }."'. u. ;4"' tlrls NE), 2o9ae ET) PDT 2r re1 118-160-056 P t.n 136P98-1C71 0 ca Z P CI. 4) 10::05" P013 118-1 60-057 EXISTING' UJ La TaR, L.WAY RAN v) Z1-1-1 tr) Cr CC ti) 270: ROUTE 01 RIVER.SIDE FREEWAY MTE 91 RI ERS I FREEWAY C ST A T ONN6 3 LEGEND CR), POB ) Indicateb Radial Bearing Point of Beginning Title fob State AcCess Prohibited NOTES Coordinotes and bearings are Qn CCS 19'83(2007.00) Zone 6. Distances and stationing are grid distances. *vide by 0.99997476 to obtain ound distances. All diStances are in feet unless otherwise noted, 22178-2 TEMPORARY CONSTRUCTO1 EASEMENT FEET. a 50 100 200 300 PREPARED BY: P S 0- M A S 3 tluffon Centre Drive,'Ste . 200 Sento Ana, California 92707 (714)751-73Y3/(714)949-8893 (p0%) DATE: 09-27-13 REV. 1: 09-27-2013 EA1,0F5410 FASt: DISTRICT COUNTY ROUTE -SHEE T PM SHEE T NO. TOTAL SHEETS 8 It IT PAGE 5 . 2 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22178-3 Temporary Construction Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 .of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence North 87°30'56" West 190.72 feet to the True Point of Beginning; thence continuing North 87°30'56 West 40.05 feet; thence North 05°26'26" East 10.01 feet; thence South 87°30'56" East 40.05 feet; thence South 05°26'26" West 10.01 feet to the True Point of Beginning. Contains 401 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:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Legal\22178-3.docx Page 1 of 2 Last printed 9/30/2013 8:50:00 AM EXHIBITA PAGE 9 PSOMA This legal description has been prepared by me or under my direction: Jeremy L. Evans; PLS. 5282 ]late M:12PTG010501\SURVEY\LEGALS122178_APN_118-160-071\Lega1122I78-3' doex Page 2of 2 Last printed 9/30/2013 8:50:00 AM EXHIBIT AWPAGE 10 EXHIBIT C2 P-A R TITLE GRAN TOR AREA A P N 2217s.- 3 TCE 2. CORONA PROPERTIES, L LC 401 SF RADIAL TABLE RI - NO2° 32'27"E P NI a 1. 4.1 0 6.84' LINE. TABLE - L1 „N.:39D,4151.2:V.11 L 2 NS:3°' 56.1.15.L.'W :• -$.01rO1:'54"W: :L:4 N879: 30-'5VV ti8-1•60-085 P0L 13 E)(' STING FR NTAGE L.5: I. POL. .1481 58'33"W 33 .9-84. 105.,661. ,4074 401..0.5! M1) .29430 fi jabl9a*• :10J, 14 118-160-053 POL. 16 447:15' PCL M NO 23a1.0 156/44-49 DOD NO. 2004'- 01360142; 0,R, 6=3°31.4.1.71' R=5151.00) . TIMB - 1 r- L4 1 ')0.72 tNi83° 3°' Set:: L:=31 671j NM PROPOSED R/W •te., POMONA ROAD u- N., Iwwf t71) :71» 1") irmmn..Wa•OempuswhIft010.10•01• 9 ROUTE 91 RIVERSIDE FREEWAY FREEWAY R/W ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LE:GENE) .lindipates Radtal Bearing POB Point of Beginning Title to StatO Actets Prohibited ) 3 LINE TABLE L5 - N05° 26'2V'E L6 - 587°30456"E L7 - SO-54'26'26N 10,01 40.0-5f1.. .14:EP-10Q--17$5. P 4M. 9 NO., 20933 -PCL. 4 rf): 1/ 8460-056, 7-4 P IVI tr.) 1.5.64449- 101 O' (,X) Pt.L .1 1 8-1$0-.057 275 NOTES Coordinates and bearings are on -CCS 1883(2007.0,0) Zone 6. Di.stanoes and stationing are grid distances. wvide by Q.98997476: to :obtain. und distances. All diStanceS are in feet unless Otherwise noted. 22178-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 50 too 200 100 PREPARED BY: PSOMAS DATE: 09-27-13 REV. 1 09-27-2013. EA: OF540 FAtt: 3 Huftor Cen+re Drive, Ste, 200 fMn15=7k154-81273 (E04 DISTRICT 8 COUNTY .1 ROUTE SHEET PM SHEET NO. A7PE 1 5.2 1 TOTAL SHEETS 1 • SQ • • • PS OMAS EXHIBIT `Di' LEGAL DESCRIPTION Caltrans Parcel No. 22178-4 Building Demolition Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence continuing North 08°01'54" East 15.19 feet along said easterly line; thence North 81° 58' 34" West 140.41 feet; thence South 02° 29' 04" West 28.68 feet; thence South 87°30'56" East 138.29 feet to the Point of Beginning. Contains 3,049 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 `D2' attached hereto and made apart hereof. MA2PTG010501\SURVEY\LEGALS122178_APN_118-160-071\Lega1\22178-4.docx Page 1 of 2 Last printed 10/1/2013 9:38:00 AM EXHIBIT AgPAGE 12 PSOMAS 2 This legal description has been prepared by ine or under my direction: 3 4 5 6 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jeremy L. Evans, ELS 52a2 to . 1 -Zz t3 Date M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160--071\Lega1122178-4.docx Page 2 of 2 Last printed 10/1/2013 9:38:00 AM EXHIBIT AnPAGE 13 EXHIBIT D2 FAR C E L TITLE GRANTOR AREA A P N 22178-4 BDE Z CORONA PROPERTIES., LLC LINE TABLE L1 - N39645`.261'W 33.98' L2 - N83956)1 5N. 105..6.6' L3 - Na8901'5411E 61.07' L4 - NO8!01"5.4"E 15.19' L5 - 48.1.° 58.'34`W 1 40.41 L6 - SQZ° 29'04"W- 26.68' L7 - 587°30'56'1E i 3.6,29' co CC I— vr to 0 — . et --I tri L1.3 1* Z (..)" tf3•• Ct CC CO M ) 3049 SF NI 2a5aa 118-160-085 poi, 18 Ped.. 118-160-071 RADIAL TABLE. R1 - NO:2632'27'1E 8 -1 60 053 poi_ 15 N8195- -1331'W 447,1 5' ?Ct.. 11/1. 2.307.7CS P a:Ad IS.61-41149. 2.004- 0136-042:4 0 ..f"?. 17—'7 NTAGE RD.. R/ 270. ROUTE 91 RIVER-51E1E F.13...E.WAY EXISTING FREEWAY R/W RO TE 91 RIVERS DE FR EWA CA. STATIONING LEGEND (R) IndicateS Rddidl fiedring P013 POint bf Beginning Title to State. Adaess Prohibited ,110-16o-b0 ROL -7 yf ryr1 0 0;, NO. 20939 2 POL. a 111-'1:60-056 P M a 4 o J 36/18-1. 0 I crco z POL. POB 4 1 14-1 60-057 275 NOTES Coordinates andbedrings are. on DDS 1943(2007.00) Zone 6.Distapc.es: arid stotioning are grid "distances:.. Nide. by 0,99997476 to obtain . 014nd distances. All distances are in: feel tiilleS.0 Otherwise noted. 22178 4 pultpma OEMOLITION EASEMENT FEET :00 200 PREPARED BY: PS0 M AS 3 Eiiittan tertire Ceiye, Ste. 2d0 ta SanAne, roliforttie .927o7 (714)751-7373./(714)545-8aa3 CFQx) DATE: 09-.27-13 REV. 1: 09-27-2013 EA: OF540 FAst: DISTRICT COUNTY ROUTE SHEE T PM SHEE T NO. TOTAL SHEETS 8 Ek IT ita PAIE ' 4 5.2 • 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 PSOMAS EXHIBIT `El' LEGAL DESCRIPTION Ca!trans Parcel No. 22178-5 Building Access Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 76.26 feet from the southeasterly corner thereof; thence North 81°58'34" West 15.58 feet to the True Point of Beginning; thence continuing North 81°58'34" West 98.78 feet; thence North 08°05'41" East 95.75 feet; thence South 81°56'54" East 98.66 feet; thence South 08°01'26" West 95.71 feet to the True Point of Beginning. Contains 9,450 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 `E2' attached hereto and made apart hereof. M:\2PTG010501\SURVEY\LEGALS122178_APN_118-160-071\Legal\22178-5.docx Page 1 of Last printed 10/1/2013 9:32:00 AM EXHIBIT MPAGE 15 PSOAS 2 3 This legal description has been prepared by me or tinder my direction: 4 5 6 7 Kivy.ro 8 Jeremy L Evans, PLS 5282 9 10 11 12 13 14 16 17 13 10 20 2,1 22 23 24 25 26 27 28 29 30 31 )0 •= 1 • Zo IS Date M:VPTG0105011SURVEY\LEGALS122178_APN_118-160-071\Leg422178-5,docx Page 2 of 2 Last printed wino 13 9:32:00 AM EXHIBIT AAPAGE 16 E2 PARCEL* TITLE GRANTOR AREA APN C -.2217.8"52 BAE Z CORONA PROPERTIES, LLC .9450 SF 118-160-071 LINE TABLE I, 1 - N39° 45'26"W L2 - N83°56'.151f - N08°01'54"E L4 - N81a58'.3411( L.5 - !):58'.341!IN L6 - NO8w45.(411"E L7 S81°56'54"E L8. " $08° 01426"W. 33:98" 76,2-6,` 15.581 98,78.' 95,75! g8.61! poi., 13 E T. F, ON TAG RD. R./W N.6.4 2040 .1.4./1J PGL. 14 RADIAL. TABLE R1 - NO2°32`27"E /18- f60-053 'POL. 15 '5,8'33:"W 4470 -4 PCL ) r 166,14:0: 49 ODD,.20:04" 01360423 0,, fi POMONA ROAD fi r R=515-3. , TPO L2 . PROPOSED R/W FXISTI,NG REEWAY R/W Ir. kis ow 0), C;1. _J :ROUTE SI RIVERSI FREEWAY . STATIONING. . • - 274 '2- ROUTE '91 RIV.ER:51DE FREEWAY LELEN() Indicates Radial Bearing POB Parra Of Beginning Title ta StOte i• PrOhibited 148-1'60-455 PDL P01L -•.. No, :20:9;:sa 1 g- t610:0515 P'4 M-.13E . . J 3:611'- I DJ P•OL POit T1.8-160-057 276 NOTES Coordinates and bearings Ore on CCS 1983(2607.00) Zone 6. Distances and stationing are grid distances. 0n ivide' by 0.59997476 to obtain ,ound distances. A4I distances ore feet unless otherwise noted. 22178-5 BUIT.0100 ACCESS EASEMENT FEET 0 SO 100 ;00 PREPARED BY:- P' $ 0 .t41 3 Hutton tentrte, Drive; Site 706 5nrytp An% ColitorWa 9270i (7141751 '737.3,471.4)545-43(153 (Fax) DATE: 09-27-13 REV. 1 .99-27-2013 EA: 0E940 FA*: DISTRICT COUNTY ROUTE SHEET PM SHE E T NO. TOTAL SHEETS 8 EX ICE IT AsPAIIE 1 7 5.2 1 • • • Proposed Pomona Road �rop 31-Wes-t-bo ._ �testb=+�u�_.t�eS rop�e�--SR ��. _.._ Z Corona Properties, LLC 118-160-071 FEE 22,070 SF (Total Parcel Area 142,512 SF) Temporary Construction Easement 722 SF MEI Building Demolition Easement 3,049 SF Building Access Easement 9,450 SF • gQ ANGELO J. PALMIERI (1926-1996) ROBERT F. WALDRON (1927-1998) ALAN H. WIENER' 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 W W PALMIERI, TYLER, WIENER, WILHELM &WALDRON t, STEPHEN A. SCHECK DONNA L. SNOW RYAN M. EASTER ELISE M. KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ANISH J. BANKER RYAN M. PRAGER BLAINE M. SEARLE ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, 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 December 18, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 JUN i Re: Z Corona Properties- Parcel No. 22178-1; 22178-2; 22178-3; 22178-4; 22178-5 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) 757-1125 mleifer©ptwww.com REFER TO FILE NO. 37175-000 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 January 8, 2014. Very I, ly yours MHL:mp cc: Client 1038691.1 ANGELO J. PALMIERI (1920-19E0) ROBERT F. WALDRON (1927-1990) ALAN H WIENER. ROBERT C. IHRKE• MICHAEL!. 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. C()LB MICHAEL L. DANGELO STEPHEN A. SCHECK MICHAEL C. CHO, OF COUNSEL JAMES E. WILHELM, OF COUNSEL DENNIS O. TYLER', RETIRED •A PROIEMONAL CORPORATION w W PALMIERI. TYLER. WIENER, WILHELM CXWALDRON DONNA L. SNOW RYAN IA 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 JOSHUAJ MARK ERIN K OYAIEA STEVEN R GUESS VIA E-MAIL & U.S. MAIL 2803 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 opt . P O BOX 19712 IRVINE, CA 92623.9712 WRITER'S DIRECT DIAL NUMBER (949)651-7294 WRITER'S DIRECT FACSIMILE NUMBER (949)625-5412 FIRMS DIRECT FACSIMILE NUMBERS (949)851-1554 (949)757-1225 mleifera 1plwww.com REFER TO FILE NO 37175-000 Re: Z Corona Properties, LLC - Parcel No. 22178-1; 22178-2; 22178-3; 22178-4 Dear Clerk: The purpose of this letter is to notify the Riverside County Transportation Commission that the property owner intends to appear and be heard at the Resolution of Necessity hearing scheduled for September 11, 2013. MHL:mp cc: Client 1035162-1 Order No.: 09304687-903-CMC Guarantee No.: 09304687-1-E LITIGATION GUARANTEE (V2) SCHEDULE A Order No.: 09304687-903-CMC Guarantee No.: 09304687-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: July 11, 2013 at 8:00 AM 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Z Corona Properties, LLC, a California limited liability company 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) .Z (D11x4 441)64,;__ .X2 f ' Order No.: 09304687-903-CMC Guarantee No.: 09304687-1-E LITIGATION GUARANTEE SCHEDULE A Order No.: 09304687-903-CMC Guarantee No.: 09304687-1-E Liability: $75,000.00 Fee: $485.00 1. Name of Assured: Riverside County Transportation Commission 2. Date of Guarantee: November 13, 2012 at 8:00 AM 3. This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action for Condemnation 4. The estate or interest in the land which is covered by this guarantee is: A FEE 5. Title to the estate or interest in the land is vested in: Z Corona Properties, LLC, a California limited liability company 6. The land referred to in this guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 81021 Litigation Guarantee Page 1 CLTA Guarantee Form No. 1 (12/16/92) NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.2 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December 16, 2013. BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8393268.2 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 ROTC, 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 9 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. "Building Demolition Easement" refers to an 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. 17336.02100\8414761.1 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. Such right shall be exercised for a period of 9 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. "Building Access Easement" refers to a 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. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. Such right shall be exercised for a period of 9 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. 17336.02100\8414761.1 PS OMAs EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22178-1 Fee Acquisition APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the most westerly southwesterly corner of said Parcel 1; thence along the westerly line of said Parcel, North 07°57'35" East 34.52 feet; thence leaving said westerly line, South 40°08'25" East 22.54 feet to the beginning of a non -tangent curve, concave to the south, having a radius of 5,034.00 feet and to which beginning a radial line bears North 01°13'43" East; thence easterly 110.33 feet along said curve through a central angle of 01°15'21"; thence South 87°30'56" East 321.83 feet to a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the southeasterly comer thereof ; thence along said easterly line, South 08°01'54" West 61.07 feet to said southeasterly corner; thence along the southerly and southwesterly lines of said Parcel, the following three (3) courses: 1. North 83°56'15" West 105.66 feet to the beginning of a curve, concave to the south and having a radius of 5,153.00 feet; thence 2. Westerly 316.71 feet along said curve, through a central angle of 03°31'17" to the most southerly southwesterly corner of said Parcel; thence 3 North 39°45'26" West 33.98 feet to the Point of Beginning. Containing 22,070 square feet M:\2PTG010501\SURVENALEGALS122178_APN_118-1.60-071\Lega1122178-1.docx Page 1 of 2 Last printed 9/30/2013 8:50:00 AM The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean. combination factor for this conversion is 0.99997476. 5 6 See Exhibit `A.2' attached hereto and made apart hereof. 7 8 Prepared under the direction of 10 11 12 l�G� to.1. Soi5 13 Jeremy L. Evans, PLS 5282 Date 14 15 16 17 18 19 20 21. 22 23' 24 25'' 26' 27 28 29 30 31 M'12PTGO10501\SURVEYILEGALS\22178 APN_118-160-0711Lega1122178-1 docx Page 2 of Last printed 9/30/2013 850:00 AM W 41 r-- 5 Q 0 68' CC. Z: U ›-- v � - u_ cn 0 " w (.0 0 —Ji!) >_ww �ZEC CC CO U` G)0<LM M vi e3 ty 1z EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 221 78-1 FEE Z CORONA PROPERTIES, LLC. 22,070 SF 1 1 8-160-07° 1 CURVE FABLE C1 - 6,=1°15'21" R=5034.00' L=110.33' RADIAL TABLE R1 NO2°32127'"E R2 - .N01 ° 1 3'43`fE 18-330-012 9 P.M, 20938 P,M,9 1.36/g8-101 118 160-085 POL 1 g DlialaNG FRONTAGE RD. R/W LINE TABLE L1 N39°45'26"W L2 - N07°57135"E 1.3 - S40°08'2.5"E L4 S08°01'54"W L5 N83°56'15"W 118-160-053 PCL 1 PCL. 15 N81 ° 58'33"W 447.1 5' FOL 1 P, M J NO. 3a/0 JJ 1y1 J D , 15 6 / 4 c8 - '} 9 00C NO4 200,4 - D13604_2y 0,R,, C1. 270 ROUTE 91 RIVERSIDE FREEWAY S87° 30'561E 321.83 PROPOSED R/ O i 0 3.98' 34.52` 22.54' 61.07' 105.66' 118-160-055 POL 7 P i�il J NO, 20938 PCL 8 118-160-056 w f v P,M..a, ul a _ 0 136/98 I01 — —�— z P GL ROUTF 91_, RIVERSIDE, FREEWAY C/L STATIONING 2 LEGEND (R) indicates Radios Bearing P08 Point of Beginning, ( Title to State )))) Access Prohibited 1 4 1 18— 160-057 275 NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. D`istances. and stationing are, grid distances. Divide by 0.9999.7476 to obtain ground distances. All distances are in feet unless otherwisenoted._ 22178-1 FEE ACQUISITION I FEET 0 50 100 20~ 00 PREPARED BY: DATE;: 09-27-13 REV. 4: 09-27-2013 EA: OF540 FA*: 3-Hutto'n Centre Drive, Ste, 200 Santa Ana, California 92707 (714)751-73734 714)595-888.3 (Fax) DISTRICT COUNTY ROUTE SHEET PM: SHEET NO. TOTAL SHEETS 8 RIV 91 5.2 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `B1' LEGAL DESCRIPTION Caltrans Parcel No. 22178-2 Temporary Construction Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence North 87°30'56" West 31.97 feet; thence North 06°35'06" East 10.03 feet; thence South 87°30'56" East 32.23 feet to the easterly line of said Parcel; thence along said easterly line, South 08°01'54" West 10.05 feet to the Point of Beginning. Contains 321 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 132' attached hereto and made apart hereof. M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Legal\22178-2.docx Page 1 of Last printed 9/30/2013 8:50:00 AM 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS AS This legal description has been prepared by me or under my direction: C-W+3 Jeremy L. Evans, PLS 5282; 1.0• 1.2c.713 Date M:12PTG010501\SURVEYILEGA.LS\22178_APN 118-160-0711Lega1\22178=2.docx Page 2 of 2 Last printed 9/30/2013 8:50:00 AM EXIIIBIT PARCEL# TITLE GRANTOR AREA APN 22178-2 TCE Z CORONA PROPERTIES, LLC 321 SF 118-160-071 RADIAL TABLE LINE TABLE R1 - NO2°32'27"E L1 - N39°45'26""W 33.98' L2 - N83°56115"W 105.66' L3 - N08°01'54"E 61.07' P.M, NfJ, 20939 ;.NIA, 1,1zi6/923- 101 118-160-085 118-160-053 PGL 13 PCL 14 PCL 15 LU 118-160-055 ° N81 58 33 ( Z 5 W 447.15' POI 1 ;'CL ;Y, P,M, ,0 In `tzE o to P ., NJ , NO .. 23 87C) P � NJ , 5_� J 561418�'S9 c; NO., 20938 o PCL 8 1S) �. 68' NO., 2.004- 118-160-056 o .o _OC, 1 tL' o(� <.. �1 w 0 1 36 0!} 2 y 0 ., R ., 1 /� 1 �2 2 �'' 7 2 I v P' � IVI , 8. in r i � Uin � rl Q � S$71° 30'56""E I o J 3b/ � 1 t� J F ` 32.23 co 118-160-057 EXISTING Np6'35`06"E-. z PG► �, W t= FRONTAGE RD. R/W r 31 11 7; ` 10:03 - —I 31 .97` N87° 30156",W J 10.05' POB ---'J 0=3° r R=5153.00` PROPOSED L=31 6.71 ` -� r- R/W _ L2 o � (s >-. a, ROAD C. ------ —�" -� POMONA 4 ------ t co Q EXISTING' ROUTE 91 RIVERSIDE v) 1- 1/7 ate` FREEWAY R/W FREEWAY c � ° C/L STATIONING >_wLiu .- _1 Z EJ . CC rx m c:) 8 o a cn c) a_ 2 3 4 270 ROUTE 91 RIVERSIDE FREEWAY ("— 275 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State ( (i Access Prohibited NOTES 22178-2 Coordinates and bearings are. an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances.; Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 700 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa Ana, (714)7 1-7373/(714��)545BB83 (Fax) DATE: 09-27-13 REV. 1 09-27-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8. 1�/ R 1.V 91 5.2 1 1 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22178-3 Temporary Construction Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 .of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence North 87°30'56" West 190.72 feet to the True Point of Beginning; thence continuing North 87°30'56" West 40.05 feet; thence North 05°26'26" East 10.01 feet; thence South 87°30'56" East 40.05 feet; thence South 05°26'26" West 10.01 feet to the True Point of Beginning. Contains 401 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:12PTG0105011SURVEYTEGALS122178_APN_118-160-0711Lega1122178-3.docx Page 1 of 2 Last printed 9/30/2013 8:50:00 AM 2 3 4 5 6 7 8' 9 10 11 12' 13 14 15 16 17 18 1.9 2Q 21 22 23 24 ?5 26 27 ?8 29 30 31 MAS This legal description has been prepared by me or under my direction: t Jeremy I..,. Evans, PLS 5282 Date M:\:2PTG010501\SURVEYTEGALS122178_APN_118-160-071\Lega1122178-3`.docx Page of Last printed 9/30/2013 8:50:00 AM EXHIBIT C2 PARCEL# TITLE GRANTOR AREA A P N 22178-3 TCE Z CORONA PROPERTIES) LLC 401 SF 118-160-471 LINE TABLE LINE TABLE RADIAL TABLE R1 - NO2°32'27"E L.1 - N39°45'2614 33.98' L5 - N05°26'26"E 10.01' L2 - N83°561151W 105.66' L6 - S87°30'56"E 40.05' L3 - S08°01'54"W 61.07' L7 - S05°26"26"W 10.01' L4 - N87°30'56"W 40.05' PAL NEL 20938 118_760_085' P . M .8 . 136/9a- I 01 P C- l 13 118-160-053 I POPOLL14 t 1 PCL 15 Ns, 118-160-055 Z 4.1 7, N81 °58`33"W 447.15' PC1.. 1 ) L7..,.) POL 1 P ...M. -.E) ',.1.1V NI `"-r c; NO P.M. J. 239-70 56/48- 49 0 • NO. 12093a a) 0 a rn c\I 1 to 68' NO. 118-160-056 I ,Q I C) Lu DOC. 2004- J360-42; 1 .--.,r P NI a ., 0 en --• 1 \I in P21 7 i Prii 0 --,. 1 7....Ln 1 n ,..' C1 „..., ''--- . ..:E '.5 I 36/9 8- 101 - L , N.- in EXISTING TIPOB o co i /8-160-057 cr T._ FRONTAGE RD. R/W 6 1 0 , a, ," 0 r""z z (1) 7 --/ \ _ _ L5--,,sr„e _ L4J 190.72' z PD1 9 POB --_-_-_-/ -(1 A7-3°3117" L„.3.16.71N-81_...,7Q 3.e.„_°' 56:12W R=5153.001 systromm....-- PROPOSED R/W 0 -_ _____._...., ..- F?OAD i _I Cr—----- -------- u j 1---- sr POMONA oe-------------- co L,... v-EXISTING (ROUTE 91 RIVERSIDE tn LLI ).--_j=t-) (11- ,0 ,- -.. TREEWAY R/W FREEWAY (.0 Ct —ILO C/L STATIONING »WW1— CC tr CO 0 0 •AcC I I-- M 8 t/1 CI 1 2 3 4 275 270 ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State lim Access Prohibited NOTES 22178-3 Coordinates arid 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 il FEET 0 50 100 200 00 PREPARED BY: PSOMAS 3 Hul-f-on Centre Drivet S.Fe. 200 Santa AM, California 92707 (714)151-7373/(714)545-8583 (Fax) DATE; 09-27-13 REV. 1 09-27-2013 EA: 0E540 FAc DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 5.2 1 1 PS OMAS EXHIBIT `D1' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 221.78-4 5 Building Demolition Easement 6 APN 118-160-071 7 8 In the City of Corona, County of Riverside, State of California, being a portion of 9 Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of 10 Parcel Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at a point on the easterly line of said Parcel 1, distant thereon 13 North 08°01'54" East 61.07 feet from the southeasterly corner thereof; thence 14 continuing North 08°01'54" East 15.19 feet along said easterly line; thence 15 North 81 ° 58' 34" West 140.41 feet; thence South 02° 29' 04" West 28.68 feet; thence 16 South 87°30'56" East 138.29 feet to the Point of Beginning. 17 18 Contains 3,049 square feet 19 20 The distances described herein are grid distances and are based on California Coordinate 21 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 22 grid distances by the mean combination factor of the courses being described. The mean 23 combination factor for this conversion is 0.99997476. 24 25 26 See Exhibit `D2' attached hereto and made apart hereof. 27 28 29 30 31 MA2PTG0105011SURVEY\LEGALS122178 APN_118-160-0711Lega1122178-4.docx Page 1 of 2 Last printed 10/1/2013 9:38:00 AM PS S This legal description, has been prepared by me or under my direction: 3 5 6',. 7 Jeremy L, Evans, PLS 5282 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 to t • 13. Date MA2P'TG010501i5URVEY\LEGALS122178 APN_118-160-0711Lega1\22178-4.docx Page 2 of Last printed 10/1/2013 9:38:00 AM EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22178-4 $DE Z CORONA PROPERTIES, LLC 3049 SF 118=160-071 LINE TABLE L1 - N39°45'26"W 33.98' RADIAL TABLE. L2 - N83°56115"W 105.66' ° L3 - N0$°.01'54"E 61 .07' R1 - N.t}2 32 27 E L4 - N08°01 `54"E 15.19`.1V1. NO,093 L5 - N81 °58'34"W 1 40.41' P. ht. a 136/9a- J O i L6 - S02°29'04"W 28.68' L7 - 587°30'56"E 138.291 118-160-085 PCL. 13 118-160-053 .,, I poi, 1 1 L. PCL J L �, I: -. ' . 1 18-160-055 ;Z W h- ° PC► 7 P.M. p rn , wry. I 23870,,,„ I"J M J 8 156/°-; 3-49 (� )1�/. ( ^] cn 2 PCL :a 0 00CJ. NO 4 004— 118-160-056 w w J 1.bJ4� rJ J r� v P,n�,. M. inL I Ln. ___I .�ffi 1 oprq v, Z ."' e a 136/98- 10 1 o E STIN_ ao 118-160-057 14- w lis W Zz FRONTAGE RD. R/W L6' - _ L4 z POL 9 POB -- ` r I ------ L A.3°31'17`1 R-5153.00' �j L=316.71 PROPOSED R/W ( / L2 o - a 7; ROAD .._I .f-----'It' POMONA �----�------ - -- � Q E ISTI1, CUTE 91 RIVERSIDE F—�ZU 0,—", REEWAY R/W FREEWAY r��i° C/L STATIONING r w'w .-- o M2 8 c::,< t 1 IA L.).CL: - t -2 3 4 270 9 ROUTE 91 RIVERSIDE FREEWAY 275 LEGEND .i\ (R) Indicates. Radial Bearing POD Point of Beginning ( ) Title to State I I i I L Access Prohibited NOTES 2217$-� Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT ground distances. All distances are in feet unless otherwise noted. 1 ----i , , FEET 0 50 100 200 f 300 PREPARED BY: PSOMAS 3 Hu+*on centre Drivb Ste. 200 (714)75i'-°f373/(fo,054s eee3 (Fax) DATE: 0.9-27-13 REV. 1 09-27-20.13 EA: UF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV 9.1 5.2 1 1 PSOMAS EXHIBIT `El' LEGAL DESCRIPTION Caltrans Parcel No. 22178-5 Building Access Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point on the easterly line of said Parcel 1, distant thereon North 08°01'54" East 76.26 feet from the southeasterly corner thereof; thence North 81°58'34" West 15.58 feet to the True Point of Beginning; thence continuing North 81°58'34" West 98.78 feet; thence North 08°05'41" East 95.75 feet; thence South 81 °56'54" East 98.66 feet; thence South 08°01'26" West 95.71 feet to the True Point of Beginning. Contains 9,450 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 `E2' attached hereto and made apart hereof. M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Legal\22178-5.docx Page 1 of Last printed 10/1/2013 9:32:00 AM 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 PSOM A S This legal description has been prepared by me or under my direction: L K/0,1.0 Jeremy L. Evans, PLS 5282 )0 • Zo t°3 Date MA2PTG0105011SURVEY1LEGALS12.2178_APN_118-160-0711Legal122178-5.docx Page 2 of 2 Last printed 10/1/2013 9:32:00 AM EXHIBIT E2 PARCEL# TITLE GRANTOR AREA APN 22178-5 BAE Z_ CORONA PROPERTIES, LLC 9450 SF 118-160-071 LINE TABLE L1 - N39°45126"W 33.98' RADIAL TABLE L2 - N83°56'15"W 105.66' R1 -- NO2°32`27"E L3 - NO8°01'54"E 76.261 P.M, NO.0� 38 L4 - N81'O58'34""W' 15.58` L5 - N81 °58'34"W, 98.78' P. M . a . 136/98 - 101 L6 - N08°05`41 "E 95.75' L7 - 581°56'54"E 98.66' 118-/60-085 L8 - S08a01126"W 95.71 ` POL. 13 118-160-053 1 PCI 14 PCL 15 . , . _ 1 18-160-055 Z �' 1V81 ° 58'33"W 447.1 5' ems\ Fin. 1 ', PDL 7 P.M., ,) ,t) r� . 't o an P � 141., NO � �38/0 ;. 1 P J M. a i 1 56/8- 9 Q - NO.(1209]3.a M PtF L Lid 68' DOC., 140, 2004- 118-16.0-056 M\i- .q o � L7 ---� J 1: 'u J'i r J i � i v P 1N1 NI cm t, Ln r. _L ar ,` ayf 36/92-- 1 DJ '- _ Q �n. °co 1 18-160-057 G `z' >� o z FRONTAGE RD. RfW: .-1. —Y`�i rPCB POL 9 53.00' TPo ` re) - A=3° 31 `1 7" R=51 f L=316.71 PROPOSED R'/W L2 �. mmm..--- o - `r- ROAD '; �ad _------- q POMONA , e4 EXISTING ROUTE 91 RIVERSI E o r--�z�� tr,. o-` FREEWAY R/W FR EWAY o=�� CA_ STATIONING rxCCm 0 g o <t. M 2 270 3 4 9 ROUTE 9`1 RIVERSIDE FREEWAY 275 LEGEND (R) Indicates Radial Bearing POB Point of Beginning Title to State y1_, , 1 ACcess Prohibited NOTES 22178-5 Coordinates and bearings are on CCS 1963(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. 4 ` FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Dr ye Ste. 200 (714}7517/373in4}545g8 B3 {Foxj DATE: 09-27-13 REV. 1: 09-27-2013 EA: OF540 FAM DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS o 8. RIV 91 5.:2 1 1 PROOF OF MAILING NOTICE I, Mandy V. Villareal, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 16, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-160-071 (CPNs 22178-1, 22178-2, 22178-3, 22178-4 and 22178-5): Z Corona Properties, LLC 1195 Pomona Road Corona, CA 92882 Record Owner Z Corona Properties, LLC 1247 Pomona Road Corona, CA 92882 Record Owner Z Corona Properties, LLC 21650 Waterford Drive Yorba Linda, CA 92887 Record Owner Michael Leifer, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 Courtesy Copy Dated: December 16, 2013. dy V. 11 areal 17336.02100\8393268.2 NOTICE OF CONTINUED HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 13, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8227635.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: September 212013. Wednesday, November 13, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8227635.1 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 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\8221585.1 EXHIBIT `Al' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22178-1 5 Fee Acquisition 6 APN 118-160-071 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel 10 Maps, Records of Riverside County, California, described as follows:. 11 12 Beginning at the most westerly southwesterly corner of said Parcel 1; thence along the 13 westerly line of said Parcel, North 07°57'35" East 34.52 feet; thence leaving said 14 westerly line, South 40°08'25" East 22.54 feet to the beginning of a non -tangent curve, 15 concave to the south, having a radius of 5,034.00 feet and to which beginning a radial 16 line bears North 01°13'43" East; thence easterly 110.33 feet along said curve through a 17 central angle of 01°15'21"; thence South 87°30'56" East 32L83 feet to a point on the 18 easterly line of said Parcel 1, distant thereon North 08°01'54" East 61.07 feet from the 19 southeasterly corner thereof; thence along said easterly line, South 08°01'54" West 20 61.07 feet to said southeasterly corner; thence along the southerly and southwesterly lines 21 of said Parcel, the following three (3) courses: 22 1. North 83°56'15" West 105.66 feet to the beginning of a curve, concave to the south 23 and having a radius of 5,153.00 feet; thence 24 2, Westerly316.71 feet along said curve, through a central angle of 03°31'1.7" to the 25 most southerly southwesterly corner of said Parcel; thence 26 3. North 39°45'26" West 33.98 feet to the Point of Beginning. 27 28 j Containing 22,070 square feet 29 30 M:12.PTG010501\SURVEY\LEGALS\.22178_APN_118-160-071Tega1122178-1.docx Page 1 of Last printed 8/27/2013 1:34:00 PM 1 2. 3 4 5 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 rnean 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. Prepared under the direction of Gh'6 Jeremy L. Evans, PLS 5282 Date 28• 1.015 MA2PTG010501`\SURVEY`LEGALS\22178_APN_118-160-071\Lega1\.22178-1.docx Page 2of2 Last printed 8i27!2013 1:34:00 PM EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 221 78-1 FEE Z CORONA PROPERTIES, LLC 22,070 SF 118-160-071 CURVE TABLE C1 - 0-1°15'21" R=5034.001 L=110.33' RADIAL TABLE R1 - NO2°32127"E R2 - N01 ° 1 3'43"E 118-330-012 1 5 rn <L o 68' rn J V c I �LL. T' LEI U, �_ICI I- JZC: tlY amnn OO<t e ../X3 a. 9 LEGEND Indicates Radial Be Point of Beginning Title to State Access Prohibited P.M. NO. 20939 P,M.S, l.73 19.6- 1 01 118-160-085 LINE TABLE L1 - N39°45'26"W L2 - NO.7° 57135"E L3 - S40°08'25'E L4 - S08°01'54"W L5 - N83a56'15"W 118-160-053 N81 °58'33"W 447.1 5' PCL 1 2 v :J / 0 PJ1 „2„ 156/''r9-19 JJGJ NO„ 00.f- 0, R J / S87°30 56"E_321.83 C1 PROPOSED RA POMONA ROAD EXISTING R/W. p 1T�_F_a1 RIVFRSIDF FREEWAY C/L STATIONING 33.98' 34.52' 22.54' C 1 .07' 1 05.66' 118-160-055 POL l P,MJ NC. 2093a PGL 118-160-056 Q P.M � J J J 0 136/9a- 1 0 J o • z POL Z `' ROUTE 91 RIVERSIDE FREEWAY aring 270 118-160-057 275 NOTES Coordinates and bearings are an GCS 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. 22178-1 1=EE ACQUISITION FEET 0 50 100 200 00 PREPARED B 3 Hutton Centre Drive, Ste. 200. Sento lino, Colifornio K707 ?ler751-7373/(7141545-8883 irex) DATE: 10-24-11 REV. 4 08-16-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.2 1 1 1 3 4 Caltrans Parcel No. 22178-2 Temporary Construction Easement 6 1 APN 118-160-071 7 8 ( In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel to Maps, Records of Riverside County, California, described as follows: 11 1.2 Beginning at a point on the easterly line of said Parcel 1, distant thereon 13 North 08'01'54" East 61.07 feet from the southeasterly corner thereof; thence 14 North 87°30'56" West 31.97 feet; thence North 06°35'06" East 10.03 feet; thence 15 South 87'30'56" East 32.23 feet to the easterly line of said Parcel; thence along said 1.6 easterly line, South 08°01'54" West 10.05 feet to the Point of Beginning. 17 18 Contains 321 square feet 19 20 21 The distances described herein are grid distances and are based on California Coordinate 22 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 23 grid distances by the mean combination factor of the courses being described. The mean 24 combination factor for this conversion is 0,99997476. 25 26 27 28 ( See Exhibit 4132' attached hereto and made apart hereof. 29 30 31 EXHIBIT `Br LEGAL DESCRIPTION M:12.PTG010501\S'URVEY\LEGALS\22178_APN_118-160-071\Legal\22178-2.docx Page 1 of Last printed 8/27/2013 2:03:00 PM 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 This legal description has been prepared by me or under my direction; Jeremy L, Evans, PLS 5282 g•26•?Ai? Date l a L �('za"�~ 1 °- No. 5282 Exp. 12/31 /1 s MA2PTG010501\SU.RVEY\LEGALS\22178 APN 118-1.60-071\Legal\22178-2.docx Page 2 of 2 Last printed 8127/2013 2:03:00 PM _ EXHIBIT B2 PARCEL* TITLE GRANTOR AREA APN 22178-2 TCE Z CORONA PROPERTIES, LLC 321 SF 118-160-071 RADIAL TABLE LINE TABLE R1 - NO2°32'27"E L1 - N39�45'26"W 33.9$' L2' - N83 56 15 W 105.66 L3 - N08°01'.54"E 61.07' PAM,.. NO, 2.093a P,Pil,as 13to,/9a-101 118-160-085 118-160-0531 PCL 13 PCL 14 POL. 15. Li 118-160-055 Z I -Li i-- I N81°58'33"�� 4470-15 P r L 1 ;e) PC1 7 P ,1V1, .0 .0 ro Q O ,`, P , M a NO, 23310 o NO. 20938 rn P„M„G, 15.6/43-49 , 0 pal,a R 1 M 68 NO, 1 18-160-056 DOD, 2004 1 -\ 0 w 013 J42 0,R„ �,' w P,1�11,J, 1 _ v in 03 0 � 3' E o �� g I S87° 2 °� 118-16D-057 z I _ _i N06° 31� 03� v' GL G� ffJ 31 .97' . 1 0.05' 31 `17" I N87° 30'56"W POB --- --"`� \n'-3° t ' R-5153,00' > _316.71.--- PRUPUSED R/W L2 a cn `� ROAD cc w _ -----"t— 1 POMP _..—_ .� ...�. __ co__ L.L. � EXISTING R/W ROUTE 91 RIVERSIDE w t-�z�) u), ��� FREEWAY cr_nn C/L STATIONING »LULU,- crirco OHO e c: 3 4 275 /)(.) 11.. i 2 9 270 ROUTE 91 RIVERSIDE FREEWAY LEGEND CR) Indicates Radial Bearing POB Point of Beginning ( ) Title to State III Ii Access Prohibited NOTES 2217-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. FEET 0 50 100 200 .00 PREPARED BY: PSOMAS 3 Hutton Centre give, Ste. 200 Santo one, CcIl,ra n1.1 `;2"" ;7141751-:.3?3d(71.0545-E5$3 (Fox'r DATE: 10-24-11 REV, 1: 08-26-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV 91 5,2 1 1 EXHIBIT `Cl.' LEGAL DESCRIPTION 3 4 CaItrans Parcel No. 22178-3 5 Temporary Construction Easement 6 APN 118-160-071. 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel to Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at a point on the easterly line of said Parcel 1, distant thereon 13 North 08°01'54" East 61.07 feet from the southeasterly comer thereof; thence 14 North 87°30'56" West 190.72 feet to the True Point of Beginning; thence continuing 15 North 87°30'56" West 40.05 feet; thence North 05°26'26" East 10.01 feet; thence 16 South 87°30'56" East 40.05 feet; thence South 05°26'26" West 10.01 feet to the 17 True Point of Beginning. 18 19 Contains 401 square feet 20 21 22 The distances described herein are grid distances and are based on California Coordinate 23 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 24 grid distances by the mean combination factor of the courses being described. The mean 25 combination factor for this conversion is 0.99997476. 26 27 28 29 See Exhibit `C2' attached hereto and made apart hereof. 30 31 M:12PTG010501.1SURVEYILEGALS122178_APN_118-160-0711Legal122t78-3.docx Page 1 of Last printed 8/27/2013 2:30:00 PM 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 legal description has been prepared by me or under my direction: Leo Jeremy L. Evans, PLS 5282 Date Se.2015 •• f +P No. 5242 Exp. 12/31 /13 MA2PTG010501`•rSURVEYTEGALSl22178_APN_118-160-07Plega1\22178-3.docx Page 2 of 2 Last printed 8/27/2013 2:30:00 PM EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22178-3 TCE Z CORONA PROPERTIES, LLC 401 SF 118-160-071 LINE TABLE LINE TABLE RApIAL TABLE R1 - NO2"32127"E L1 - N39°45'26"W 33.98' L5 - N05°26'26"E 10.01' L2 - N83 56 1 5 W 105.66' L6 - S87 30 56 E 40.05 L3 - S08°01'54"W 61.07' L7 -- S05°26'26"W 10.01' L4 - N87°30'56"W 40.05' P , M a NO , 201.33 1 18- 160-085 r' , M, S, 1 38/93 - J 0 1 PD1- 13 'r �118-160-053� ..:. �4F.`M. '. ' iJGi 1 PC1 15 Y``i,.� Pt; _may ... „ �„ ', dd�. •d "'. N ', "f' - �. - Li 118-160-055 N81 °58'33"W 447.1 5' 1-1J , F U 1 ro JI P, Nl . .. u� ro P J�/1 1\l J 2 a 1 D 0 NO, 2093 e3 `� o m — P , All .,L E 15 /-'�e8- 49 i` o PCL 3 ro In68' DOS NO 2UUsr�- 118-160-056 _N `� Cb .0 � .? , , OI��042 0,R, ,' = w �, ' 'Kr P N1, �.. �/ 1 C, Z re) I 0 136/99 - 101 i I TPQB g0 co 118-160-057 (r) ' 190.72 1r POB L4 ----M' I N87° 30 ®_3° 31 ' 1 7" I L.71' R=5153.00 =316- , _ PROPOSED R/W 56 W J L2 _ o POMONA ROAD ___- w --" I- __ co--._._.�_-.— -- la... R/W ROUTE 91 RIVERSIDE w F--�zu v�, O-� FREEWAY Crain C/I_ STATIONING y ww.- rr = MMAU e ap 3 4 275 270 9 ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) Indicates Radial Bearing POD Point of Beginning ( ) Title to State a J.....1_..1.....1 Access. Prohibited NOTES 2178_3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i FEET b 50 100 200 (J0 PREPARED BY: PSOMAS 3 Nutter Cenr-e Drive, Ste. nO Santa Arc., Co fornic S2707 i7,4)751-73'7/(714) e_-,3883 ircx? DATE: 10-24-11 REV. 1: 08-26-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS $ R I V _ _ n 71 5. 2 1 7 I S 1 EXHIBIT `D1' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22178-4 5 Building Demolition Easement 6 APN 118-160-071 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 ( 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel 10 Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at the southeasterly corner of said Parcel; thence North 83'56'15" West i 13 105.66 feet along the southerly line of said parcel to the beginning of a curve, concave 14 southerly having a radius of5153.00 feet; thence westerly 117.34 feet along said curve 15 through a central angle of 01° 18'17"; thence North 05'34'26" East 60.65 feet ; thence 16 South 85'07'00" East 65.79 feet; thence North 08°06'15" East 79.27 feet; thence 17 North 60° 14'51 " East 64.45 feet; thence South 81 °53'27" East 108.69 feet to the easterly 18 line of said parcel; thence South 08°01'54" West 173.81 feet along said easterly line to 1.9 ( the Point of Beginning. 20 21 Contains 31,122 square feet 22 t 23 24 The distances described herein are grid distances and are based on California Coordinate 25 System of 1983, "Lone 6, 2007.00 epoch. Grotmd distances may be obtained by dividing 26 grid distances by the mean combination factor of the courses being described. The mean 27 combination factor for this conversion is 0.99997476. 28 29 30 31 See Exhibit `D2' attached hereto and .made apart hereof. MA2PTG010501\SURVEY\LEGALS\22178_APN 118-160-071\Lega1\22178-4.docx Last printed 8/27/2013 2:37:00 PM Page 1 of 2 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 This legal description has been prepared by me or under my direction: t3 • te • 2,0 1.3 Jeremy L. Evans, PLS 5282 Date spApa,. LAN /16, 01,;.{ --L., ( ('2 --`" 11- g (Q. No. 5282 v) Exp. 12/31/13 MA2PTG010501 \SURVEY \LEGALS\22178_APN_118-160-071 \Lega1\22178-4.docx Page 2 of 2 Last printed 8/27/2013 2:37:00 PM EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22118-4 BDE Z CORONA PROPERTIES, LLC 31122 SF 118-160-071 CURVE TABLE LINE TABLE Cl - A=01°18'17" R=5153.00` L=117.34' L1 - N83°56'15"W 05.66' L2 - N83 56 15 N! 105.66 L 3 - N05° 34'26"E 60.65' RADIAL TABLE P.1yJ, NO, 0933 L4 - N08°0 '15"E 79.27' L5 -- N08 06 15 E 79.27 R1 - NO2°32`27"E ;J,M,0. 13L/ 8- 101 L6 - N60°14'5111E 64.45' 118-160-085 L7 - S81°53'27"E 108.69 POL 3 1i �'r 118-160-053 ...1 ., PG1 i- CL 15 »3 _.. _ .;k. .. 1-1-1N81 1 18-160-055 � �- °58'33"W 447.1 5' Pr I P �, NI f "' F M N O 23,370 o .0 1 R , .> ., >rJ J 20933 rl r"' J it r — it w ��'..� ry 1 ......____ _. JJr , NO, 004 - ..- L7 7 18- 160-056 in i co _A c� -, � Cif in Z M ( — 0 136/98- 1 01 Q N- ' n 1 In J: co 118-160-057 a, 0 �; _ (� v / _t. 1' L 7 n r� R=51 53.QQ' A=3° 31 '17" POB --------' L = 316 71 f ,--- Cl --. PROPOSED R/W L 2 . _ e-- a J _ � ROAD Y w ___-----`—H-�—v- POMONA _ co _.__ _--- EXISTING R/W ROUTE91 RIVERSIDE w I— J), QCD< S rp FREEWAY cr�u7 C/l_ STATIONING � ww,- JZC1 mIxa 1)(._) Cl_ i 2 4 275 9 270 ROUTE 91 RIVERSIDE FREEWAY LEGEND (R) indicates Radial Bearing POB Point of Beginning ( ) Title to State 1 1 1 I Access Prohibited NOTES 2217$_4 Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASE,VENT ground distances. All distances are in feet unless otherwise noted. J FEET 0 50 100 200 .,00 PREPARED BY: 3 Hut ton :en-rrl` Lr ve, > 233 .Sa+:to AN), Cat iforni:; 917o7 cn4;751-7373/014}545-5883 {Fox' DATE: 10-24-11 REV. 1: 08-26-2013 EA: OF540 FAst: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 i� I � 91 5. 2 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on September! ( 2013 I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor No. 118-160-071 (CPNS 22178-1, 22178-2, 22178-3 and 22178-4): Z Corona Properties, LLC 1195 Pomona Road Corona, CA 92882 Record Owner Z Corona Properties, LLC Record Owner 1247 Pomona Road Corona, CA 92882 Z Corona Properties, LLC Record Owner 21650 Waterford Drive Yorba Linda, CA 92887 Michael Leifer, Esq. Courtesy Copy Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 �.` /24/2) (Y L Dated: Septemb , 2013. �— Frances White 17336.02100\8227635.1 ORIGINAL zcoa.c"--Na__. NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, September 11, 2013 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. California Code of Civil Procedure section 1245.235(b)(3) provides that your failure to file a written request to appear and be heard within 15 days of the date of this notice will result in the waiver of_your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, September 11, 2013 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: July 26, 2013. BEST BEST & KRIEGER LLP j1 E / By: r l/ y I Mark A. Easter Mona Nemat Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing utilities and mechanical systems, or for inspection purposes, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary 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 9 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\8088118.1 PSOMAS 1 EXHIBIT `Ar 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22178-1 5 Fee Acquisition 6 APN 118-160-071 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 9 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel 10 Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at the most westerly southwesterly corner of said Parcel 1; thence along the 13 westerly line of said Parcel, North 07°57'35" East 34.52 feet; thence leaving said 14 westerly line, South 36°52'59" East 31.67 feet to the beginning of a non -tangent curve, 15 concave to the south, having a radius of 5,026.00 feet and to which beginning a radial 16 line bears North 01°16'54" East; thence easterly 105.50 feet along said curve through a 17 central angle of 01°12'10"; thence South 87°30'56" East 321.05 feet to a point on the 18 easterly line of said Parcel 1, distant thereon North 08°01'54" East 53.03 feet from the 19 southeasterly corner of said Parcel; thence along said easterly line, South 08°01'54" West 20 53.03 feet to said southeasterly corner; thence along the southerly and southwesterly lines 21 of said Parcel, the following three (3) courses: 22 1. North 83°56'15" West 105.66 feet to the beginning of a curve, concave to the south 23 and having a radius of 5,153.00 feet; thence 24 2. Westerly 316.71 feet along said curve, through a central angle of 03°31'17" to the 25 most southerly southwesterly corner of said Parcel; thence 26 3 North 39°45'26" West 33.98 feet to the most westerly southwesterly corner of said 27 Parcel 1 and the Point of Beginning. 28 29 Containing 18,615 square feet 30 31 M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Legal\22178-1.docx Page 1 of 2 Last printed 11/27/2012 11:19:00 AM PS OMAS 1 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 5 6 See Exhibit `A2' attached hereto and made apart hereof. 7 8 Prepared under the direction of 9 10 11 12 //• 2 7 20/Z 13 Robert C. Olson, PLS 5490 Date 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M:\2PTG010501\SURVEY\LEGALS\22178_APN_118-160-071\Lega1\22178-1.docx Page 2 of 2 Last printed 11/27/2012 11:19:00 AM EXHIBIT A2 PARCEL* TITLE GRANTOR AREA APN 22178-1 FEE Z CORONA PROPERTIES, LLC 18,615 SF 118-160-071 CURVE TABLE LINE TABLE Cl - 0=1°12'10" R=5026.00' L=105.50' L1 - N39°45'26"W 33.98' RADIAL TABLE L2 - N07°57'35"E 34.52' R1 - NO2°32'27"E R2 - N01°16'54"E L3 - S36°52'59HE 31.67' L4 - S0801 54 W 53.03 L5 - N83°56 15 W 105.66' W ('(— Z j M ° N81 58 33 W 447.1 5 Fin 1 P,NJ, 23 3 /0 _16p_p55 0 8 .0 .1) -T, 10 Q O M 68' P.,M.,11-1.. 156/42`219 DDO , NO , 900-4`- o (:T O 05 6 8- 160- o ( o j .0 i n r- N 7 w 1 0 1 3604 ; 0 ., R ., 1 1 1 rr)—LLI it ' Q ~ o I O a_.� a:= W � z � ` `,� PO B \�c_v' I I L_ o� C1 S87 30 56 E ° ? 1 ,1 1 _316.7.1' �/ R=51 _3 .00 L- ( 321.05' nr � L5 0 118'160_p57 PROPOSED R/ o ROAD . cc w 1 POMONA 'i_ EXISTING R/W ROUTE 91 RIVFRSIDF w 1 HJZU() ��ts) FREEWAY iiJi' C/L STATIONING rwwr- cam O.OQm M a AUa-O- 1 2 3 4 9 270 ROUTE 91 RIVERSIDE FREEWAY M + N NV C.) 275 LEGEND W (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i ( ) ( t Access Prohibited NOTES 22178-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. i FEET 0 50 100 200 00 PREPARED BY: DATE: 10-24-11 REV. 3: 11-27-2012 EA: OF540 FM*: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS Santo Ano, California 92707 (714051-7373/(7114)545-8883 (Fax) 8 RIV 91 5.2 1 1 PS OMAS EXHIBIT `BF LEGAL DESCRIPTION Caltrans Parcel No. 22178-2 Building Access Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the most westerly corner of said Parcel 1; thence North 07°57'35" East 76.36 feet along a portion of the westerly line of said parcel to a point thereon; thence South 81°56'49" East 136.00 feet to the True Point of Beginning; thence North 81 °56'49" West 79.24 feet; thence North 08°04'27" East 208.76 feet; thence South 81 °55'33" East 99.63 feet; thence South 08°04'27" West 143.65 feet; thence North 81 °57'40" West 20.44 feet; thence South 08°01'26" West 65.07 feet to the True Point of Beginning. Containing 19,468 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG010501 \SURV EY\LEGALS\22178_APN_ 118-160-071 \Legals\22178-2-BAE.doc 5/18/2012 Page 1 of 2 PS OMAS Prepared under the direction of 6 Brian E. Bullock, PLS 5260 7 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i; Date PA2PTG010501 \SURVEY\LEGALS\22178_APN_ 118-160-071 \Legals\22178-2-BAE.doc 5/18/2012 Page 2 of 2 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22178-2 BAE Z CORONA PROPERTIES, LLC 19,468 SF 118-160-071 LINE TABLE LINE TABLE L1 - N39°45'26"W 33.98' L6 - N81 °56'49"W 79.24' L2 - N07°57'35"E 76.36' L7 - S81°55'33"E 99.63' L3 - S81 °56'49"E 1 36.00' L8 - N81 °57'40"W 20.44' L4 - 508°01 '26"W 65.07' L5 - N83° 56'1 5"W 1 05.66' 1 18- 160-085 u) ;JCS J I JCL 14 118-160-053 0 ;Jr� J � 1 (..0S81°58'33"E �; —1 ^ W Z Z M ... �..„r. L 7 I. 44' 7.15 PC J o _ � 7 1 N ^ ^ .0 �� UJ o M s W - Nan V P JVJ 23 8 / 0 rl / it it 9 in Ll '. .�, ro r, f O c,, �, M lfl � o OI o n_1 .� si i •i 1. Z w 3 - v~ o°o 00 i ocv O�----- cn f I D0C , J\1D , �JJ';�J1'r�0''r� --------I ° J�ii� I �i � , Lt.., _ 1 w ^ Ll Ei, , � , cc � W � 2 I` E z s — L 4 L 8 L6 I I I L v .`n ' • o o in o 1 o (1) L2 TPOB — `n `, co Z-1—____,_._--- C1 L5 POB PROPOSED R/W o Most W'I Cor. I_J r POMONA ROAD Parc�I 1--EXISTING R/W ROUTF 91 RIVFRSIn —F—M.B, 156/48-49 FREEWAY C /L STATIONING ROUTE 91 RIVERSIDE FREEWAY 1 2 3 4 9 270 8 LEGEND (R) Indicates Radial Bearing CURVE TABLE POB Point of Beginning TPOB True Point of Beginning C1 -=3° 31 '1 7" R=5,1 53.00' L=31 6.71 ' RADIAL TABLE Title to State i I I i I Access Prohibited R1 - NO2°32'27"E NOTES 22178-2 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Sie, 200 Santo (714)751n 7373/(714)545-8883 (Fax) DATE: 5-18-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5. 2 1 1 PSOMAS EXHIBIT `C1' LEGAL DESCRIPTION Ca'trans Parcel No. 22178-3 Building Access Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the most westerly corner of said Parcel 1; thence North 07°57'35" East 34.52 feet along a portion of the westerly line of said parcel to a point thereon; thence South 36°52'59" East 31.67 feet to the beginning of a non -tangent curve concave southerly having a radius of 5,026.00 feet, to which point a radial line bears North 01 ° 16'54" East; thence easterly along said curve 105.50 feet through a central angle of 01°12'10"; thence South 87°30'56" East 183.54 feet; thence North 02°29'04" East 36.68 feet; thence South 81°58'34" East 36.06 feet to the True Point of Beginning; thence North 08°01'26" East 95.71 feet; thence South 81°58'34" East 88.78 feet; thence South 08°01'26" West 95.71 feet; thence North 81°58'34" West 88.78 feet to the True Point of Beginning. Containing 8,496 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:\2PTG010501 \SURV EY\LEGALS\22178_APN_ 118-160-071 \Legals\22178-3-BAE.doc 5/18/2012 Page 1 of 2 PS OMAS 2 ! Prepared under the direction of 4 5= /5 . ( 2 6 Brian E. Bullock, PLS 5260 Date 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 P:12PTG0105011SURV EY\LEGALS122178_APN_ 1 18-160-0711Lega1s122178-3-BA E.doc 5/18/2012 Page 2 of 2 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22178-3 BAE Z CORONA PROPERTIES, LLC 8,496 SF 118-160-071 LINE TABLE LINE TABLE L1 - N39°45126"W 33.98' L6 - S81°58'34"E 36.06' L2 - N07°57'35"E 34.52' L7 - N08°01'26"E 95.71' L3 - S36°52'59"E 31.67' L8 - S81°58'34"E 88.78' L4 - NO2°29'04"E 36.68' L9 - S08°01'26"W 95.71' L5 - N83°56'15"W 105.66' L10 - N81°58'34"W 88.78' u) 118-1610-085 118-160-053 0 JrsJI 13 JJL J/ Jr'J� 1V I O1 Lo i Z i- Lu M S81°58'33"E 447.15' I OOD , NO, 7004- 0 1 3.60'r2 D , R , I I o n, o J 1L! °° N .0 -� 10 `� _o M 68' ` I i I pc'I J J I 3 rl / it xl PI All. 238I70 F.. All., 8.. 1 Jai-r_3 4 � I l� oM '`)• a, l) C. o —1 1 -0 0 o of 1 .7 �i ., N D z I .__ - — I i I-- L8. I L� 0 I o '' w � I 1 I (2217 8 - 3�_ En _1 , � Ly In ° t J I I L 6 I I ( L1 0 I L 4 f7 , 3� 0 o 0 o z I L 3 L w ..1 TPOB co -1 o c) `° Z _) __ 1 83.54' C1 587° 30'56"E _—_-- -- — R2 C2 32 .05 1 L5 cn - PROPOSED R/ °1 El D-ro ROAD Most WI Cor. POMONA - _ Parc��I EXISTING R/W ROUTE 91 RIVERSIDF .M.B. 156/48-49 FREEWAY C/L STATIONING ROUTE 91 RIVERSIDE FREEWAY 1 2 3 4 9 270 s CURVE TABLE LEGEND C1 - 0=1°12'10" R=5,026.00' L=105.50' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning C2 - A=3° 31 '1 7" R=5,1 53.00' L=316.71 ' RADIAL TABLE Title to state R1 - NO2°32'27"E l i i i Access Prohibited R2 - N01°16'54"E NOTES 22178-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (7141751n 7373/(7114)545-8893 (Fox) DATE: 5-18-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5.2 1 1 PS OMAS EXHIBIT `DV LEGAL DESCRIPTION Caltrans Parcel No. 22178-4 Temporary Construction Easement APN 118-160-071 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 of Parcel Map No. 23870 as per map filed in Book 156, Pages 48 and 49 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the most westerly corner of said Parcel 1; thence North 07°57'35" East 76.36 feet along a portion of the westerly line of said parcel to a point thereon; thence South 81°56'49" East 136.00 feet to the True Point of Beginning; thence North 08°01'26" East 65.07 feet; thence South 81°57'40" East 68.69 feet; thence South 08°01'26" West 91.50 feet; thence North 81°58'34" West 68.69 feet; thence North 08°01'26" East 26.45 feet to the True Point of Beginning. Containing 6,286 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. PA2PTG010501 \SURV EY\LEGALS\22178_APN_I 18-160-071 \Legals\22178-4-TCE.doc 5/18/2012 Page 1 of 2 PS OMAS 1 Prepared under the direction of 2 II 3 4 5 Brian E. Bullock, PLS 5260 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 29 30 31 s' /8-/Z Date PA\2PTG010501 \SURVEY\LEGALS\22178_APN_ 1 18-160-07I \Legals\22178-4= fCE.doe 5/18/2012 Page 2 of 2 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22178-4 TCE Z CORONA PROPERTIES, LLC 6,286 SF 118-160-071 LINE TABLE LINE TABLE L1 - N39°45'26"W 33.98' L6 - S81 °57'40"E 68.69' L2 - N07°57'35"E 76.36' L7 - S08°01'26"W 91.50' L3 - S81 °56'49"E 1 36.00' L8 - N81 °58'34"W 68.69' L4 - N08°01'26"E 65.07' L9 - N08°01'26"E 26.45' L5 - N83°56'15"W 105.66' L10 - N08°01'26"E 91.52' in 118-16p-085 118-160-053 0 FBI_13 1 FBI 1 1 w PCL J 5 ' 1 o « S81 °58'33"E -1 / z i— 447.1 5' rLu i DOC., NO.I 200 1 -013J0i1r2 O,R 1 1 \ a,°o i 7 .7 W M o Q r,-) - 68 (' I 1 P�� 1 I I 1 P VI 23`3it0 F..M..2 1JJ1'i`3-'19 __ I — — M u u o m f. (:5 C i) N P o —1 1 i0 1 PO lc, In 10 0 0 c\I o o qi Lid .0 y 1 s I. z w i I — — — 1 I 1 1 1....I ..Ty I I U 0 , , al co .� L1 1 CC fM Lij L 4 L 6 1.7 8.-- 4 I •1 n a, % N_ col D- Ltl _ i I TPOB !'-J o l� I i I o �� `n o t>, '- 11, o z o � z -I POB L 3 L2 L9 ��--------- J L8 �' — — Cl —L L5 um ..-.._-- _) ►o 0 `n it __ o `0 1 co - _ - PROPOSED R/W o I O1 ROAD ' Most w'1 Cor. POMONA Pa_�r_c�1 1-- EXISTING R/W/ ROUTE 91 RIVERSIDF -P7M.B. 156/48-49 FREEWAY C/L STATIONING ROUTE 91 RIVERSIDE FREEWAY 1 2 3 4 9 270 8 LEGEND (R) Indicates Radial Bearing CURVE TABLE POB Point of Beginning TPOB True Point of Beginning C1 - A=3° 31 '1 7" R=5,1 53.00' L=31 6.71 ' RADIAL TABLE ( ) Title to State I I t l l Access Prohibited R1 - NO2°32'27"E NOTES 22178-4 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (71141751— 7373/(714)545 8883 (Fax) DATE: 5-18-12 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 5.2 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on July 26, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-160-071 (CPNS 22178-1, 22178-2, 22178-3 and 22178-4): Z Corona Properties, LLC Record Owner 1195 Pomona Road Corona, CA 92882 Z Corona Properties, LLC Record Owner 1247 Pomona Road Corona, CA 92882 Z Corona Properties, LLC Record Owner 21650 Waterford Drive Yorba Linda, CA 92887 Michael Liefer, Esq. Courtesy Copy Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 Irvine, CA 92614-4281 DATED: July 26, 2013. Frances White 17336.02100\8081701.1 ATTACHMENT 3 • • • RESOLUTION NO. 14-003 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 NOS. 118-160-020 AND 118-060-022, 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, 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 Nos. 118-160-020 and 118-060-022 (Caltrans Parcel Nos. 22181-1, 22181-2, 22181-3, 22181-4, 22181-5, 22181-6 and 22181-7), 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, January 8, 2014 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. 70 Section 2. Public Use. The public use for the 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. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions and maps of the interest 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 • 71 • • • 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 8th day ofJanuary, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 72 • 7R • • 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. "Building Demolition Easement refers to an 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 9 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 Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing utilities and mechanical systems, or for inspection purposes, together with all necessary rights incidental thereto, on, over, under and across the property in connection with 17336.02100\8295549.1 EXHIBITA PAGE 1 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. Such right shall be exercised for a period of 9 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 6 months as it relates to TCE 22181-3 and a period of 9 months as it related to TCEs 22181-6, and 22181-7, 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. • • • 17336.0210018295549.1 EXHIBIT-7k PAGE 2 PS OMAS EXHIBIT `A1' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22181-1 5 Fee Acquisition 6 APN 118-160-020 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 9 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of in Riverside County, California, described as follows: 11 12 Beginning at the southwesterly corner of said Lot 1; thence along the southerly and 13 easterly lines of said Lot, the following three (3) courses: 14 1. South 83°56' 15" East 159.29 feet to the beginning of a curve, concave northerly and 15 having a radius of 294.00 feet; thence 16 2. Easterly 10.71 feet along said curve through a central angle of 02°05' 16"; thence 17 3. North 08°01'40" East 95.06 feet; 18 thence leaving said easterly line of Lot 1, North 87°30'56" West 170.69 feet to a point on 19 the westerly line of said Lot, distant thereon North 08°01'40" East 84.60 feet from the 20 southwesterly corner of said Lot; thence along said westerly line, South 08°01'40" West 21 84.60 feet to said southwesterly corner and the Point of Beginning. 22 23 Contains 15,277 square feet. 34 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 A2' attached hereto and made apart hereof. 31 M:12PTG010501‘SUR VEY\LEGALS122181_APN_118.160-020\Lega1122181-1.docx 11M/2012 Page I of 2 EXHIBITA PAGE 3 P S O M`S 1 2 Prepared under the direction of 3 4 5 6 Brian E. Bullock, PLS 5260 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l Date MA2PTG0105011SUR VE Y\LEGALS122181_APN_ 118-160.0201Lcaa11? 2181-1.dacx 11/l92012 Pap 2 of2 • EXHIBIT-Pu PAGE 4 EXHIBIT A2 • • PARCEL# TITLE AREA A P N 22181-1 FEE 15,277 S0. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE Cl - A=02°05'16" C2 - A=10°06'52" R=294.00' L=10.71' R1 - 503°58'29"W L1 - N22°36'48"E 55.08' R=294.00' L=51.90' L2 - 508°01'40"W 84.60' L3 - N08°01'40"E 95.06' 1 18-160-061 SOUTH R 1 VERS 1 DE LAND PCL - flt.�n - % - 2,3"3�„ ma 9/6 r 1�1�� W �- 7`I`..2.--- 1 18- 160-034 o 0 cu co "` Tr cn co— � 1 P 1 r,r� 1. y ON ,, ; DOD, NO, 30695 2001- 1 462.39; LOT 1 { : I l • 462. qo . ?. � • -. O , R, II//" J J'. � -� ` LOT 3 N81 ° 58 29„W L 1 (n w + I 123.00 N6q ° 9 10 - o m I _ . _ _. _ 128 ;3q �, .^gq ccoo _I o n, ° 1 s2 218+1 =1 j , C 2 CO z �. 0, i 18-160-021 ,�, `— i 0 1 18-160-058 N8(i° 30,5A1 , 1 70,69 Ai. 4118 P CL 1 ' ♦: k. : �' �." t•it x {��� C S� d 5 iP � y4�i S83°56'1 511E 0 LOT 2 r, ONV * 1 PQSf.D R/W LOT 1 1 59.29' C 1 MB 156/48-49 POMONA ROAD EXISTING R/Wj ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 + 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( } Title to State ill 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 FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 3 PREPARED BY: P S O A $ 3 Hutton Centre Drive, S-e, 200 Sante Ana, California 92707 (714)75t-,l73f171n15,15-SE53 (Fax) DATE: 9-26-2011 REV. 4: 11-15-2012 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5. 3 y I 1 EXHIBITA PAGE 5 • 7Q PS OMAS 1 3 4 Caltrans Parcel No. 221:81-2 5 Fee Acquisition 6 APN 118-160-022 7 8 to the City of Corona, County of Riverside, State of Califomia, being a portion of Lot 3 9 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of to Riverside County, California, described as follows: 11 12 Beginning at the most easterly corner of said Lot 3; thence along the southeasterly and 13 southerly lines of said lot the following three (3) courses: 14 l . South 22°36'48" West 55.07 feet to the beginning of a curve, concave to the 15 northwest, and having a radius of 294.00 feet; thence 16 2. Southwesterly 51.90 feet along said curve through a central angle of 10'06'52" to the 17 most southerly comer of said Lot; thence 18 3. North 64°59'39" West 9.14 feet to the beginning of a non -tangent curve, concave to 19 the northwest, having a radius of 172.00 feet and to which beginning a radial line 20 bears South 44°31'13" East; 21 thence leaving said southerly line, northeasterly 108.49 feet along said curve through a 22 ! central angle of 36°08' 18" to a point on the northeasterly line of said lot, distant thereon 23 North 67°23'37" West 4.78 feet from said most easterly corner; thence along said 24 northeasterly line, South 67°23'37" East 4.78 feet to said most easterly comer and the 25 Point of Beginning. 26 27 Contains 301 square feet 28 29 The distances described herein are grid distances and are based on California Coordinate 30 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 31 EXHIBIT `BP LEGAL DESCRIPTION M:12PTG010501\Sl1RVEPLEGALS122181 APN_118-160-02011xga1122181-2.doex 11/15/2012 Page 1 of EXHIBITA PAGE 6 1 2 combination factor for this conversion is 0.99997476. 3 4 See Exhibit 132' attached hereto and made apart hereof. 5 6 Prepared under the direction of 7 8 r 9 - �- to Brian E. Bullock, PLS 5260 Date I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MA2PTG010501‘SURVEY\LEGAL5122 t81_APh: J 18-160-020\Legal\22181-2.doca I U I S/2012 PSOMAS grid distances by the mean combination factor of the courses being described. The mean Page 2 of 2 EXHIBITg4g, PAGE 7 EXHIBIT B2 • PARCEL# TITLE AREA APN 22181-2 FEE 301 SO. FT. 118-160-022 CURVE TABLE RADIAL TABLE LINE TABLE Cl - A=02° 05'16" C2 - A=10°06152" R=294.00' L=10.71 ' R 1 - S03° 58'29"W L 1 - S22° 36'4811W 55.07' R=294.00' L=51.90' 7 18-160- 06 ] SOUTH RIVERSIDE LAND ;, WATER r 0L TER CU , N6?° r`fAC7 ���` .,� �3'3�, NIB 9/6 to 1z w*„�. , �,32� 1 18-160-034 (o k r` Ca er _1 r co1' L� DOD, NO., .30695 2 0 01- 1 6 23 9y 9 0 %?•1 /144 S/62'9 0, R J - J :35 1 „� JJJ V i n' 0 r' LDT 1 I '— ,— LOT 3 22�18�1 ° "W- in ; _LiJ I N81 58'2 123.00 A/6 0 La _1 r 0 � o i 1 ''\" ",r-,.,4 2 ;* °° _—1___l, : 0 1 18-160-021 I J ��- ---- -- z I ato rl, -0 1 8-160--058 1 _— —— --— - . ,. %; °ON POL 1 tut1=11i -- LOT 7 �Q (.* ti. It (I1 !tit F.M.. ". P ' 0 .. ..< N83° 56'15"W C 1 / PRQPOSEDt'W. LOT 1 1 59.29' MB 156/48-49 POMONA ROAD __--,- EXISTING RAU ROUTE 91 RIVERSIDE FREEWAY CAL STATIONING ROUTE 91 RIVERSIDE FREEWAY b 7 8 9 280 1 1 2 LEGEND .i\ (R) indicates Radial Beoring POB Point of Beginning ( } Title to State III ) 1 Access Prohibited NOTES ZZ1S1-Z 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. 1 sionsiguil" FEET 0 50 100 200 00 PREPARED BY: P S O A S 3 Hutton Centre nrive, Ste. 200 Sento Ana, Celifornic 92707 (714)481-80534(714)545.Ban (iaxi DATE: 9-26-2011 REV. 4: 11-15-2012 EA: OF540 FA3*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS g R I V 9 1 5. 3 1 2 EXHIBITS PAGE 8 EXHIBIT PARCEL# TITLE AREA APN 22181-2 FEE 301 SO. FT. 118-160-022 --, TRAra' No .,-7432v- -PIE, 8 ., 26./ -, e .� ,„ _ ... N6 o �_r 9 s9, 39,yy 1-- ',�- s99� SOUTH R J VERS 1 Dr rt iiIi.AT ER CO , MEI 9./6 LAND P /O � i i o I c �� _ o • o Q' �� �� 0 0 Ir 04'� t POB 118-160-034 No23'7 W 462.9Q 1 / SEE DETAIL c3 'A' HEREON \\ 1 ,I �� F �`0 ,, "A v i{. 1 2e�s9� :.$ , a3 . Q7 V- tn. 'CT .• 0 11 1 0 , { P I a o• °� i ,�`�%w iioo i iv ` N 4�� ;hp, "1�� o P �� ft / /� J DFTAII " NTS rn D q � • oo 0 Q, LEGEND (R) Indicates Radial POB Point of Beginning Bearing ( ) Title to Stote I l i 1 l Access Prohibited NOTES 2 2181- 2 FEE ACQUISITION - 1111 FEET 0 10 20 40 60 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distonces. All distances are in feet unless otherwise noted. PREPARED BY: P Si O S 7 Nuttcn Centre Drive Ste. 200 Santa 1-7377i{714 545-'9583 (Fox) DATE: 9-26-2011 REV. 4: 11-15-2012 EA: FAIL: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5.3 2 2 EXHIBITA PAGE 9 • 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 PSO AS EXHIBIT `C1' LEGAL DESCRIPTION Ca'trans Parcel No. 22181-3 Temporary Construction Easement A.PN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 84.59 feet along a portion of the westerly line of said lot to a point thereon, said point being the True Point of Beginning; thence South 87°30'56" East 170.69 feet to a point on the easterly line of said lot, distant thereon North 08°01'40" East 95.06 feet from the southeasterly corner of said lot; thence North 08°01'40" East 10.05 feet along said easterly line to a point thereon; thence North 87°30'56" West 170.69 feet to a point on said westerly line, distant thereon North 08°01'40" ]vast 10.05 feet from the True Point of Beginning; thence South 08°01'40" West 10.05 feet along said westerly line to the True Point of Beginning. Containing 1,707 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. N4:l2PTG0105011SURVEYNLEGA1 S122181_APN_118.160-02011.ega1122181-3.doex 11/15/2012 Page 1 of EXHIBIT &PAGE 10 PSOMAS 1 2 Prepared under the direction of 3 4 6 Brian E. Bullock, PLS 5260 Date 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 N1 2PTG0103011SURVEYILEGALS122181_APN_118.160-0201Lega1122181-3.docx 11/15/2012 PRA 2 0'2 • EXHIBIT ASPAGE 11 EXHIBIT C2 PARCEL# TITLE AREA APN 22181-3 TCE 1,707 SO. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE C1 - A=02°05116" C2 - A=10°06'52" R=294.00' L=10.71' R1 - S03°58'29"W L1 - N22°36'48"E 55.08' R=294.00' L=51.90' L2 - N87°30'56"W 170.69' L3 - N08°01'40"E 10.05' r 18- 160-061 SOUTH RIVERSIDE LAND POL 4 rrtAC :7 23.3 „w MS 9l O o a 71}�.2` 118-160-034 o o (sz. °o — rn a)- Q In , M C) O• Ws. DO C K NO.. 30 200 J — J 6239; LOT J t I 962. 95 440 OR., 11-.G„ ' � L DT 3 ° ` L 1 r; ' `0 �' t N81 5 00�„W ` N ° 6 o tV �za i • �• ?9q�„w ( v o EL.. ° .��C2 03 t �, -O. 118-160-021 L3 vO PC_ J 10.05' TPOB �I �LZ �-s -, 587°30'56"E 170.69' s.• MN (fin LOT 7 118-160-058 84.59' 95.06' .61 10. �� PROPOSED R/W- _ N8°56'15,W1-C1 NO W1Y CORNER 1 LOT 1 POMONA ROAD MB 156/48-49 ' • EXISTING R/W� ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING .../! 6 7 280 i 2 S 9 ! LEGEND (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning ( ) Title to State t t t t ► Access Prohibited NOTES 22181-3 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT distances. All ground distances are in feet unless otherwise noted. FEET 0 50 100 200 00 PREPARED BY: P S O A S 3 Hinton Centre Drive, Ste. 200 Sor.4j7in7373i(7t4�94592707 8983 (fnM) DATE: 9-26-2011 REV. 4: 11-15-2012 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.3 1 1 EXHIBIT AfiPAGE 12 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Dr LEGAL DESCRIPTION Caltrans Parcel No. 221814 Building Demolition Easement APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in 13ook 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 145.82 feet along a portion of the westerly line of said lot to a point thereon; thence South 81°58'20" East 64.79 feet to the True Point of Beginning; thence South 81°58'20" East 80.10 feet; thence South 08°01'40" West 47.17 feet; thence North 87°30'56" West 80.48 feet; and thence North 08°01'40" East 54.94 feet to the True Point of Beginning. Containing 4,089 square feet. See Exhibit `D2' attached hereto and made apart 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. RUPTG0105011SURVEYILEGALS122181 APN_118-160-020&-022kLegals\22181-4.d°cx Page 1 of 11/15/2012 EXHIBIT &PAGE 13 RS QMAS 1 2 Prepared under the direction of 3 4 5 6 Brian E. Bullock, PLS 5260 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Date P:UPTG0105011SURVEYNLEGALS122181_APN_118-160-020&-0221Lcga1s122181-4.Jucx 11/15/2012 2 '2 EXHIBIT AgPAGE 14 EXHIBIT D2 PARCEL# TITLE AREA APN 22181-4 BDE 4,089 SO. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE Cl - A=10°06'52" C2 - A=02°05'16" R=294.00' L=51.90' R1 - S57°16'20"E L1 - 522°36'48"W 55.08' R=294.00' L=10.71' R2 - S03°58'29"W L2 - S81°58'20"E 64.79' SOUTH R 1 VERS 1 Dr I AND L 3 - S81 ° 58'20"E 80.10' 718-760-067 A WATER CO., MS 9lb L4 - S08°01'4011W 47.17' PCB `f 7r s&�°23'37,, " f L5 - N87°30'56"W 80.48' LOT y L6 - N08°01'40"E 54.94' t] ts)�a •"-- '' - C.) � C0 0'• E. 0T 07 11 \ re)`� .a f�f�M 1-- I Q jB� / _ p� 62 -`40 / . 1 `�4 �%,- � �.`46D l �'` 9 °J+. LAC L,1 ...._.� :n - � _. �. Q 1 L1, LLB W —1 TPOB I 1 3.00 -- '"*,. r " N81 �58 20 W N6q�8 9q Cl °1 L.) ET (1,L2 _ L3 • Sg J9` �1 l O O c5:'� ` ) to 0 1 • O. Z N • _i In L6 — L4 _ -- � - L5 - o 6p O .. � o 0 °ON `a, 0, IA v 2 - f?2- \:11 �:A ` ,-. ; ` POB N83° 56'15"W 2 \ PROP • 1 : Ai SW'LY CORNER 159.29' MB a LOT 1 POMONA ROAD _-- EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 97 RIVERSIDE FREEWAY C/L STATIONING I # t 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning .i ( ) Title to State t 1 it Access Prohibited NOTES 2 21 S 1-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT ground distances. All distances ore in -Feet unless otherwise noted. I prommwommmi. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Dr;ve. Slit. 20 Svnta Anon Colifornio 92707 1114!791-7373/1714)545-E883 (Fox) DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FM:: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS R I V 7 1 5. 3 1 1 EXHIBIT QOPAGE 15 • Q1 • PS OMAS 1 EXHIBIT `El' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22181-5 5 Building Access Easement 6 APN 118-160-020 7 s In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 9 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of 10 Riverside County, California, described as follows: 11 12 Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 145.82 13 feet along a portion of the westerly line of said lot to a point thereon; thence South 14 81 °58'20" East 64.79 feet to the True Point of Beginning; thence North 08°01'40" East 15 104.96 feet; thence South 81'58'20" East 7010 feet; thence South 08°01'40" West 104.96 16 feet; and thence North 81 °58'20 West 70.10 feet to the True Point of Beginning. 17 18 Containing 7,358 square feet. 19 20 See Exhibit `E2' attached hereto and made apart hereof. 21 22 The distances described herein are grid distances and are based on California Coordinate 23 System of 1983, Zone 6, 2007.00 epoch. Ground distances may. be obtained by dividing 24 grid distances by the mean combination factor of the courses being described. The mean 25 combination factor for this conversion is 0.99997476. 26 27 28 29 30 • 31 P:12PTG0lOSORSURVEYILEGALS1221R1_APN_11R-(60-020&-0221Lega1s1221R1-5.docx Page 1 of 1 f/152012 EXHIBIT 42PAGE 16 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:12 PTGOI 05011SUR V EY1t..EGALS12218I_APN_ 118-1 60-020&-0221Lcguls122181-5.ducx 11/15/2012 'age 2 o EXHIBIT WAGE 17 EX IBIT E2 PARCEL# TITLE AREA AP 221 81 -5 8AE 7,358 SO. ET. 1 1 8-160-020 CU_RV TABLE RADIAL TABLE LINE TABLE Cl - A=10°06152" C2 - A=02°05'16" R=294.00' L=51.90' R1 - S57°16'20"E L1 - S22°36'48"W 55.08' R=294.00' L=10.71' R2 - S03°58'29"W L2 - 581°58'20"E 64.79' SJUTH RJ \ins] Or LAND L3 - N08°01140"E 104.96' 7 18-160--061 ,., :1-WAT' R Co., MS 9/6 L4 - S81 ° 58'20"E 70.10' X PCL .4 L T � S67°23'z �' L5 - S08°01'40"W 104.96' I Tr 9 L6 - N81°58'20"W 70.10' E.17,0_ o o lr ^o 0 ca -- Q C \ M NO �7,; ACID °0 ; .--.:: .T.rM 0, 3 7�3�� � � 2.40 o q 96 306, 14,, s� �= d. ��LY ,... No — f%+ 11-��. 12 Ile*: Ln— o I �,� O to .� �. nl R, L�1 w �)� _1 � o 0 tL. v `�- r 0 _ L2! ----_ i L6_.-, .1a23.00' :. � rr N81 58 20 W N 12,0 Cl 6q S 94 g 3g� - 0. � i `^ '6 v� TPQB i v o in o I "- . 0 , ...; O0 N ! c _I LC ) 0 EL s>1uLii . v) t� Li III� 0- _ '.* N83°56'15"W 2f -RQP+OSEC RAW SW LY CORN R 1 59.29 LOT 1 POMONA ROAD MB 86/7-8 EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 � 280 i 2 8 9 ) LEGEND (RI Indicates Rodiol Beoring POB Point of Beginning TPOB True Point of Beginning 4ii\ ( ) Title to State mil Access Prohibited NOTES 2.2181-5 Coordinates and bearings are an CCS 1983(2007.00) Zane 6. Distances and stationing are grid distonces. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: P S O S 3 Hutton Centre Drive Ste. 700 Santo Ann, Cnlifornia 9270' 1714)751•7373.17i4iS4i-SES3 (Fox) DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FAsc: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R 1 V 9 1 5. 3 1 1 EXHIBIT 44PAGE 18 PS MAS 1 3 4 Caltrans Parcel No, 22181-6 5 Temporary Construction Easement 6 APN 118-160-020 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 9 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of to Riverside County, California, described as follows: tt 12 Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 145.82 13 :feet along a portion of the westerly line of said lot to a point thereon; thence South 14 81 °58'20" East 64.79 feet to the True Point of Beginning; thence South 08°01'40" West 15 54.94 feet; thence North 87°30'57" West 65.10 feet to a point on said westerly line, said 16 point being North 08°01'40" East 84.59 feet from said southwesterly corner; thence 17 North 08°01'40" East 61.23 feet along a portion of said westerly line to a point thereon; 18 thence South 81 °58'20" East 64.79 feet to the True Point of Beginning. 19 20 Containing 3,763 square feet. 21 22 See Exhibit `F2'. attached hereto and made apart hereof. 23 24 The distances described herein are grid distances and are based on California Coordinate 25 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 26 grid distances by the mean combination factor of the courses being described. The mean 27 combination factor for this conversion is 0.99.997476. 28 29 30 31 EXHIBIT TV LEGAL DESCRIPTION P:12PTG0105011.4U12 VEYN1.EGA15122181_APN_1 18-160-020R-0221Lega1s122181-6.docx 1I/15/2012 Page 1 1)1'2 EXHIBIT 46PAGE 19 RS OMAS Prepared under the direction of f Brian E. Bullock, PLS 5260 • Date /2 P:12PTG01050IwSURVEY%LiGA1S122181_APN 118-160-020&:-022ll.cgals122181-6.docx Page 2of2 11/l5/2012 EXHIBIT AaPAGE 20 EXHIBIT F2 PARCEL# TITLE AREA APN 22181-6 TCE 3,763 SO. FT. 118-160-020 CURVE TABLE. RADI,A,L. TABLE LINE TABLE Cl - A=10°06'52" C2 - A=02°05" } 6" R=294.00' L=51.90' R1 - S57°16'20"E L1 - S22°36'48"W 55.08' R=294.00' L=i 0.71 ' R2 - S03° 58'29"W L2 - S$1 ° 58'20+'E 64.79' L3 - 508a01 �40W 54.94; souTr1 RI i��RS 118-160-061'"/%a7r? r G�� 1D rl1�JJ L4 - N87°30 57,+W 65.10, ��� ;� GL '�*, 7-RA -1- S 670, �/o L5 - N08 01 40 E 61.23 ,3 7 "E t OT 9 1 c'e ,- V 0 Q 11 \. M 6 7$� / J, r - 0 3J / } 3 � I0 4 a — rJ, r? 1-07" 3 to ,z°218�1 � -, . ' � ` L 1 6 cts I C\1 ' 0,'' o -.1 � n .a L2 TP08 i --_.-�-- .:. +.. � �- 12 3.00' _- �� IN81°58'20"W N 12�,Cl 3 64°S9 39` R1 co a 1 a, °° o z c sr =L 5 L 3 __ _ - _L.� - _ 84.59' rtrttti 60 , o .. `,.. O o� co N � O tn it'tit tr it t r r. p Pa: N83°56'15"W PROPOSED 8/W 2 SW LY CORNER 1 59.29' MB 86 /7- 8 POMONA ROAD — ---'"� EXISTING R/W/� ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING t t t--- t t 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning TP08 True Point of Beainning .i ( ) Title to State t r t 1 t Access Prohibited NOTES 2 218 6 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain :1- TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I 1 FEET 0 50 100 200 300 PREPARED BY: P S O M S 3 KJ+ten Centre Dri..e, Ste. 200 Sonta Ana, CetiYornia 92707 (714!751-7373/i714i5+5-e883 trot) DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 5.3 1 1 EXHIBIT WAGE 21 PS OMAS EXHIBIT `G1' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22181-7 Temporary Construction Easement 6 APNs 118-160-020 & 022 7 8 In the City of Corona, County of Riverside, State of California, being a portion of Lots 1 9 and 3 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records to of Riverside County, California, described as follows: 11 12 Beginning at the southwesterly corner of said Lot 1;- thence North 08°01'40" East 145.82 13 feet along a portion of the westerly line of said Lot 1 to a point thereon; thence South 14 81 °58'20" East 134.90 feet to the True Point of Beginning; thence North 08°01'40" East 15 139.47 feet; thence South 64°59'39" East 271.37 feet; thence South 49°48'57" East 26.11 16 feet to the beginning of a non -tangent curve concave northwesterly having a radius of 17 172.00 feet, to which point a radial line bears South 49°48'57" East; thence southwesterly 18 along said curve 15.90 feet through a central angle of 05°17'45" to a point on the general 19 southerly line of said Lot 3; thence North 64°59'39" West 119.80 feet along said general 20 southerly line to an angle point thereof; thence North 81°58'20" West 123.00 feet 21 continuing along last said line to an angle point in the general easterly line of said Lot l; 22 thence South 08°01'40 West 113.00 feet along said general easterly line to a point 23 thereon; thence North 87°30'56" West 25.12 feet; thence North 08°01'40" East 47.17 feet; 24 thence North 81 °58'20" West 10.00 feet to the True Point of Beginning. 25 26 Containing 13,669 square feet. 27 28 See Exhibit `G2' attached hereto and made apart hereof. 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 P:12 PTG0105011SURV EY\LE:GALS122181_APY_ 118-160-020&-0221Lego1s122181-7.docx 11/15/2012 Pogo 1 of EXHIBITAxPAGE 22 PSOMAS grid distances by the mean combination factor of the courses being described. The mean 2 combination factor for this conversion is 0.99997476. 3 4 Prepared under the direction of 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Brian E. Bullock, PLS 5260 Date /1/5:12 P:12PTG0105011SURVEMEGA1S122181 APN_118-1F0-0206e-02211egulA22181-7.docs Page 2 of 11/15/2012 • EXHIBITAHDAGE 23 EXHIBIT G2 PARCEL# TITLE AREA APN 22181-7 TCE 13,669 S0. FT. 118-160-020 & 022 CURVE TABLE LINE TABLE Cl - A=10°06'52" C2 - .6=02°05'16" C3 - A=05°17'45" R=294.00' L=51.90' L1 - S22°36'48"W 55.08' R=294.00' L=10.71' L2 - N08°01'40"E 139.47' R=172.00' L=15.90' - 549°48'57"E. 26.11' 118-160-061 :".,;;;:,L3 —�- 118-160_ epJL4 - N87o30�56W 25.12;-5 034 47.1 7 PGA ='�� ��IL?, S6 0 L5 - N08 01 40 E ��23'3 ,. r %r'%s? L6 - N81 ° 58'20"W 10.00' cG /a� 0 � in 0 � CO 1 Cr) n" ._ t�l � Ih •l'l�U f'�'r1 C Lo'r r Alp f E ,/,J R., �- /3 g1 6Z. 9 ��� ����1/� 1 !3 l, J `+ 0 '•`�s/ S9'� -oz L�i'r I 1.�_ �,� 9 „E r7 L 3 r ,: '' , L 1 01 , t' �:•271 3 fy�21�.,: 7, 4+. 0 —' N , �. - w tV 0- El TPOB o' , . 1'1 N81°58'200"W 1og•.90' 3 f 1 o o' v ° 58134 90Q E o A, / 4 Sg'39, C1 / r R1 -^ o --e I L6 _ cro �•, ~vf *4 n 0 I • t 1 .` 0 z i\, —` Co _) v ti'- I L 5 _ --- ---,— L4� �,o.. �o ' �" ° Q 0 csj N 42 I !- ( 1 1 1 1 1 1 1 1 1 1 Ng 1011111M/ o_ Po: N83°56'15"W PROPOSED R/..+r 2 -SLIT LY CORNER 159.29' MB s LOT 1 POMONA ROAD `___---/ EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 1 8 9 } } 1 6 � 2B0 1 y LEGEND RADIAL TABLE (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning R1 - S57° 16'20"E R2 - S03° 58'29"W R3 - S49°48'57"E ( ) Title to state R4 - 544° 31 '1 3"E I I I ( t Access Prohibited NOTES 22181--7 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. P =t FEET 0 50 100 200 300 PREPARED BY: P S O A S 3 11:,t ten Centre Oriue, Ste. 200 Santa Ana, Californio 92707 (7141751-2373/i71115:5-8823 (Faxt DATE: 5-21-12 REV, 1: 11-15-12 EA: OF540 FAst: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R 1 V 91 5. 3 1 1 EXHIBIT*TAGE 24 • • i nq • • • _ = _fie anw ProposedSW-41:Westbound"'On`Ramil-fronl Lincoln -Ave- _ _---►--� -� Ellestad/Clendensen 118-160-020 118-160-022 __._ - - - - P oposed SR-9-1Westbrnund Lanus •...: _.. a■g. am ai• 4 "MON FEE 15,578 SF (Total Parcel Area 92,835 SF) Temporary Construction Easement 19,139 SF MMUS Building Demolition Easement 4,089 SF Building Access Easement 7,358 SF • 105 33-A� L., bE-1, h� JI2ELalAT J ieE1 of 1�aveELL etzr ciznEn, 41606 1�ate cSt2et, cSu[tz 203c. • Sliu¢¢i.Eta, eatifouzia 92562 grffp4one (951) 734-657o • 9aesimi. (951) 894-2693 November 25, 2013 pE© fIWE Nov D RIVERSIDE COUNTY TRANSPORTATION COMMISSION Jennifer Harmon Clerk of the Board RIVERSIDE COUNTY TRANSPORTATION COMMISSION 4080 Lemon Street, 3`d Floor Riverside, California 92501 Mark A. Easter, Esquire Best Best & Krieger LLP 3750 University Avenue, Suite 400 Riverside, California 92501 Transmitted Via Certified Mail #7012 2920 0002 0937 2680 Transmitted Via Certified Mail #7012 2920 0002 0937 2697 RE: PROPERTY OWNERS REQUEST TO APPEAR AND BE HEARD (APN:118-160-020&022) Pursuant to California Code of Civil Procedure section 1245.235(b)(3) Darrell D. Clendenen Esquire, as a Principal of C&E Investments ("Property Owner"), will appear and be heard at the meeting of the Riverside County Transportation Commission ("RCTC") on January 8, 2014 at 9:30 a.m. Property Owner will object to the adoption of the proposed RCTC resolution as it relates and effects its real property based upon, inter alia, California Code of Civil Procedure 1245.230 (c)(2) and the failure of the RCTC to prepare a comprehensive offer to acquire the property and construction easements under California Code of Civil Procedure 1245.230 (c)(4) as required by Section 7267.2 of the California Government Code. C & E Inv#spilents arreklendenen, Esquire General Partner cc: Vince McCaw Overland Pacific & Cutler NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: November 22, 2013. 17336.02100\8393268.1 BEST BEST & KRIEGER LLP By: Marketer Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property to be acquired. "Building Demolition Easement" refers to an exclusive temporary easement and right of way in favor of ROTC, 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 9 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 Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing utilities and mechanical systems, or for inspection purposes, together with all necessary rights incidental thereto, on, over, under and across the property in connection with 17336.02100\8295549.1 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. Such right shall be exercised for a period of 9 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 6 months as it relates to TCE 22181-3 and a period of 9 months as it related to TCEs 22181-6, and 22181-7, 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\8295549.1 1 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAJ EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22181-1 Fee Acquisition APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence along the southerly and easterly lines of said Lot, the following three (3) courses: 1. South 83°56' 15" East 159.29 feet to the beginning of a curve, concave northerly and having a radius of 294.00 feet; thence 2. Easterly 10.71 feet along said curve through a central angle of 02°05' 16"; thence 3. North 08°01'40" East 95.06 feet; thence leaving said easterly line of Lot 1, North 87°30'56" West 170.69 feet to a point on the westerly line of said I.,ot, distant thereon North 08°01'40" East 84.60 feet from the southwesterly corner of said Lot; thence along said westerly line, South 08°01'40" West 84.60 feet to said southwesterly corner and the Point of Beginning. Contains 15,277 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See .Exhibit `A2' attached h.ereto and made apart hereof. M:\2PTG010501\SURVEY\LEGALS`72181_APN__118-160-020\Legal\22181-Ldocx Page I oft 11/15/2012 PS OMAS 1 2 Prepared under the direction of 3 6 Brian E. Bullock, PLS 5260 Date 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. NU2PTG01050 I \ SURVEY \LGGA LS\22181_APN.,_ 118- 160-02011..eaa1\22181-1.docx 11/15/2012 Page 2 of 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22181-1 FEE 15,277 SO. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE Cl -=02°05'16" C2 - A=10°06'52" R=294.00' L=10.71' R1 - S03°58'29"W L1 - N22°36'48"E 55.08' R=294.00' L=51.90' L2 - S08°01'40"W 84.60' L3 - N08°01'40"E 95.06' 1 18- 160-061 SOUTH R1 VERSJ Or LAND I i � ?• WA rr R CO, l P O I -4 ----_q, No 7° rf l it r, - ' w=-..i, 23 '3 „W N19 9./6 _, l 11�J./ 1 18-160-034 I I o Y- . co <o — rn - Q -1 in 1 a ti� .7 `DOC, 2 0 J 1 O-r NO, 30695 1 '� 6 23 `) 1 I I �"-2� l—` _ 9 62 -? �` ,- -�0� / y 0, R , J„ `T � -- _ — OT 3 _ 6, 0 N81 W��/640, • � ° �' w �- 23 009 , 1 � ��� �, I 28, gq �" . C 2 _t L� a:2 181:; ,: I % ° ___,L, a 1 18-160-02 d � z vo / f'� 1 18- 160-058 _ a N8�170.69 �•� o O JCL 1 °aN / II Illllll y --PROPOSED R/W� 583°56'15"E SW'LY CORNER Cj LOT 1 159.29' MB 156/48-49 POMONA ROAD _- --_____" ---- EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 1 1 1 1 t 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State mil Access Prohibited NOTES 221 S 1-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain FEE ACOUISITION ground distances. All distances ore in feet unless otherwise noted. F..---____ FEET 0 50 100 200 3.0 PREPARED BY: PSOMAS i ;'', 1, �; . DATE: 9-26-2011 REV. 4: 11-15-2012 EA: OF540 Ems: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 11V 91 5.3 1 1 PSOMAS EXHIBIT B1' LEGAL DESCRIPTION Caltrans Parcel No. 22181-2 Fee Acquisition APN 118-160-022 In the City of Corona, County of Riverside, State of California, being a portion of Lot 3 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the most easterly corner of said I,ot 3; thence along the southeasterly and southerly lines of said lot the following three (3) courses: 1. South 22°36'48" West 55.07 feet to the beginning of a curve, concave to the northwest, and having a radius of 294.00 feet; thence 2 Southwesterly 51.90 feet along said curve through a central angle of 10°06'52" to the most southerly corner of said Lot; thence 3 North 64°59'39" West 9.14 feet to the beginning of a non -tangent curve, concave to the northwest, having a radius of 172.00 feet and to which beginning a radial line bears South 44°31'13" East; thence leaving said southerly line, northeasterly 108.49 feet along said curve through a central angle of 36°08'18" to a point on the northeasterly line of said lot, distant thereon North 67°23'37" West 4.78 feet from said most easterly comer; thence along said northeasterly line, South 67°23'37" East 4.78 feet to said most easterly comer and the Point of Beginning. Contains 301 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 M:\2PTGO105011SURVEYTEGALS\22181_APN_118-160-020Tegal\22181-2_docx Page I oft It / 15/2012 PSOMAs grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 099997476. See Exhibit `B2' attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PI.S 5260 Date M:12PTG010501'\SURVEY `,LLGALS122181._APN._ 118-160-0201Lega112218 (-2.doex 1 li 15/2012 Page 2 of 2 EXHIBIT B2 PARCEL# TITLE AREA A P N 22181-2 FEE 301 SO. FT. 118-160-022 CURVE TABLE RADIAL TABLE LINE TABLE C1 - A=02°05'16" C2 - A=10°06152" R=294.00' L=10.71 ` R1 - S03°58'29"W Li - S22°36'48"W 55.07' R=294.00' L=51.90' 1 18-160-061 SOUTH R 1 —`/rr R 1 DE LAND ,ICI f ER GO„ rRAN1E »� 1���, • N6)°23 3� / '� ko W 7,1- ray, ''--,,, 1 18- 160-034 � _ Q �� 1 n DOC, NO, 3C.)95 20U1 - 1 sr�239y / 46 ,?. �,' J�"---- 2,q0 O,ft., `1J/�� a,i f Lo-r 1 j -- � \ LOT 22 $1:"-, . /� '1 ' / L1 / N8�23 in `�7 w = i O,�W \N ° 6q / .. 59, 0 E. + . _ 0 --L___I_ b.118-160-021 IJ z ( 0 ry, 118-760-058 _I_____ - - - - _o.: w/ �__ _------ -- PCL 1 °°o o -eb O-r r /kk/v- i 11-1'• 1 1 1 1 1 1 1 1 1 SW'l..Y CORNFR N83°56'15"W Cl / PROPOSED R/W LOT 1 159.29' 1•--- MB 1 56/48-49 POMONA ROAD ____,----- EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING i 1 1 6 j I I $ 9 280 i 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State i 1 1 1 1 Access Prohibited NOTES 221�1-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. [ -rmlimmt__- FEET 0 50 100 200 .00 PREPARED BY: DATE: 9-26-2011 REV. 4: 11-15-2012 EA: OF540 FA#: P S O A S i._:I it •.n1ro Or i. SF DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS ._. +.'.n. ` �,:I . , 645 _ .} 8 R I V 91 5.3 2 EXHIBIT B2 PARCEL# TITLE AREA APN 22181-2 FEE 301 SO. FT. 118-160-022 SOUTH Rl Vr RSl Dr LAND / -? 1111AT r R CJ , / ME, \ 118-160-034 N6 7 o23 3 7 W 462.40 , POB / co r. r. • co ° a- • /� co 0 / 0 1 0 11 nr (o J I W � 1 O T 3 / �_ 0 I � o� TRACT NO, l';32 - 1 SEE DETAIL � 0 i o ti �, loll„S„ c 11-8 'A' HEREON / P '� ^ 0 z. I , � i �' `; ' cn o 0 o � / o• m o P • \ \ I � �, \� ji I / q rkJ \ \ r --,./\ \ \ / /? \ \ \� �FTAiI A' "� NTS �• Spv 0 \ 0 0 0 O `�l . � � Q � ^ Q N6q o `'F �,``�N.� �v � �O J7 J Sg3g W, �,AJ V y 'o �' `7.i,. �. LEGEND 12e 9q•w' �co (R) Indicates Radial Bearing POB Point of Beginning O \.__ Q ( ) Title to State / 1 i I 1 i Access Prohibited NOTES 22181-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I pimmmi FEET 0 10 20 40 60 PREPARED BY: DATE: 9-26-2011 REV. 4: 11-15-2012 EA: FAat: PSOMAS i Ho,t,: f.. ..,F, DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS ,a ,. ,', - 8 RIV 91 5 3 2 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 27 28 29 30 31 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Ca'trans Parcel No. 22181-3 Temporary Construction Easement APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 84.59 feet along a portion of the westerly line of said lot to a point thereon, said point being the True Point of Beginning; thence South 87°30'56" .East 170.69 feet to a point on the easterly line of said lot, distant thereon North 08°01'40" East 95.06 feet from the southeasterly corner of said lot; thence North 08°01'40" East 10.05 feet along said easterly line to a point thereon; thence North 87°30'56" West 1.70.69 feet to a point on said westerly line, distant thereon North 08'01'40" East 10.05 feet from the True Point of Beginning; thence South 08°01'40" West 1.0.05 feet along said westerly line to the True Point of Beginning. Containing 1,707 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. MA2PTG010501`,SURVEYIEGALS122181,.._APN, 118-160-02011.,ega112218I-3.Jocx Page 1 of I I/152012 PS OMAS Prepared under the direction of rs r2 Brian E. Bullock, PLS 5260 Date NP2PTG010501\SURVE.YTEGAI.S\22181_APN_118-160-020Tegal\22181-3.docx Page 2of2 11/I5/2(112 EXHIBIT C2 PARCEL# TITLE AREA APN 221 81 -3 TCE 1,707 SO. F T. 1 1 8-160-020 CURVE TABLE RADIAL TABLE LINE TABLE Cl - 0=02°05'16" C2 - A=10°06'52" R=294.00' L=10.71' R1 - S03°58'29"W L1 - N22°36'48"E 55.08' R=294.00' L=51.90' L2 - N87°30'56"W 170.69' L 3 - N08° 01 '40"E 10.05' 1 18-160-061 SOUTH RIVERSIDE LAND I , w. WATER CO., P r I ,r N6 ° M D f�s'A r ~- ,,�,�? 23.3 �„ � � 7�� ��IJ" Ili � 7.� 1 18- 160-034 o I • _ rn i,� . EL, C) cr CNN, LOT 1 I �-. - 46 I 9 ----, LOT 3 � N8� L1 p w i 2380rrW `N6 ° 9;39 I ,,o � 8.9 LL ! 00 o ,. —� _� -� 118-160-027 ..,- z 1 L3 1 ‘:1-o PC_ 1 10.05'� �. IL2 o.: / o O oN / TPOB S87°30'56"E 1 70.69 i OTr f / Ln 118-160-058 84.59' 95.06' i, �1'� 11111 111I 111111,� I I� 11� "I 1 I 111111 x< -_ 0- PROPOSED R/W POB N83°56115"W Cl SW"LY CORNER 159.29' 'l� LOT 1 POMONA ROAD _, MB 156/48-49 --- EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING I I 1 I 1 I 6 7 8 9 280 1 LEGEND 2 (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES 221 81-3 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. I FEET 0 50 100 200 00 PREPARED BY: DATE: 9-26-2011 REV. 4: 11-15-2012 EA: 0E540 PAa: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `D1' LEGAL DESCRIPTION Caltrans Parcel No. 22181-4 Building Demolition Easement APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot l; thence North 08°01'40" East 145.82 feet along a portion of the westerly line of said lot to a point thereon; thence South 81°58'20" East 64.79 feet to the True Point of Beginning; thence South 81°58'20" East 80.10 :feet; thence South 08°01'40" West 47.17 feet; thence North 87°30'56" West 80.48 feet; and thence North 08°01'40" East 54.94 feet to the True Point of Beginning. Containing 4,089 square feet. See Exhibit `D2' attached hereto and made apart 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 099997476. PA2PTG010501\SURVEY\LE..GAI.S12218I_APN_I18-160-020&-022\Legals\22I81-4.docx Page I oft I Ii15 2012 PS OMAS 1 2 Prepared under the direction of 3 4 -- 6 Brian E. Bullock, PLS 5260 Date 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/ /.5'-/2 P:12PTG010501\SURVEYNLEGAI. S\22181_APN_118-160-020&-022Tegals\22181-4.docx Page 2 o42 11/15/2012 EXHIBIT D2 PARCEL# TITLE AREA APN 22181-4 BDE 4,089 SQ. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE C1 - 0=10 06 52 C2 - 0=02°05'1 6" R=294.00' L=51 .90 R1 - S57 16'20 E L1 - S22 36'48'W 55.08'_ R=294.00' L=1 0.71 ' R2 - S03° 58'29"W L2 - S81 ° 58'20"E 64.79' SOUTH R1 VrRS 1 Jr LAND L3 - S81 ° 58'20"E 80.1 0' '40 1 18-160-061 _ W 4 7.1 7' -?• WATER DO., ME) 9/6 L4 - S08 01 L5 - N87°30'56"W 80.48' Fc I '} ti �rr0'`.;_ S l Ahl y°23'3 L 0T 9 L6 - N08°01'40"E 54.94' �F O O (9 _ _ � � . CD_ ^ Q —1 � 1 0-) Ll �� co N.'. r� �a J; -� � f\fr, 7S0 � J J I I ``= v • q 0 :Dr , /14 � : � - -�., .J,' g -) . r JJ f � l e3,,/7 _�-, .. � / r.3 / �-, 0„R �Jl Litr) �— �; I � O o 1I �� —1 � w LOT TPO: 1�� I 123.00 -- �\\ N81 ° 58'20" IN 10 g `9 Cl N6 q q co - L� tt. v `� a- L2 — — I L 3 5g � , , Jy' R1 v- f j — co trn O 1 O o O Z N — co • L6 L4 _ _ _ _ — -- L 5 �O so O .. o o O oo cv /Lo OQ. _1 o — 2; 2 4 % ' R 2 / vim - _... PO N83° 56'15"Wi'PROPOSED \ R/W 2 SW LY CORNER 1 59.29'1.------- LOT 1 POMONA ROAD - MB 86/7-8 -� -- EXISTING R/W ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning "i ( ) Title to State 1_._.1._..1.....1_._1 Access Prohibited NOTES 2 2181- 4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain BUILDING DEMOLITION EASEMENT Fammini ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FA#: PS 0 M A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS ,` i ���. 8 iiv _1 t3.3 1 1 PS OMAS EXHIBIT `E1' LEGAL DESCRIPTION Caltrans Parcel No. 22181-5 Building Access Easement APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 1.45.82 feet along a portion of the westerly .line of said lot to a point thereon; thence South 81°58'20" East 64.79 feet to the True Point of Beginning; thence North 08°01'40" East 104.96 feet; thence South 81 °58'20" East 70.10 feet; thence South 08°01'40" West 104.96 feet; and thence North 81 °58'20" West 70.10 feet to the True Point of Beginning. Containing 7,358 square feet. See Exhibit `E2' attached hereto and made apart 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:'0'PTG010501\SURVEY\LEGALSV221R1__APN 118-160-020eX-022\Legals122131-5.doex Page 1 of 1 1/15/2012 PSOMAS l 2 Prepared under the direction of 5 6 Brian E. Bullock, PLS 5260 Date 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 f/ /57-a PA2PTG010501\SURVEYTEGALS\221AI_APN 118-160-020&-022Tegals\22I81-5.docx Page 2of2 11115/2012 EXHIBIT E2 PARCEL# TITLE AREA APN 22181-5 BAE 7,358 SO. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE Cl - A=10°06'52" C2 - A=02°05'16" R=294.00' L=51.90' R1 - S57°16'20"E L1 - S22°36'48"W 55.08' R=294.00' L=10.71' R2 - S03°58'29"W L2 - S81°58'20"E 64.79' SOUTH RI V r RE.; 1 Or I AND L 3- N08° 01 '40"E 104.96' 1 18-160-061 a WATER CO., MEI 9/6 L4 — S81 ° 58'20"E 70.1 0' r_ POI ''r � rf�r1 6. L5 - 508°01'40"W 104.96' L6 - N81 °58'20"W 70.10' 23'37,,E. LOT �) �, o —• 0 CO-4. 0 c,,C0 �� -JJc 257`' JO�J, LOT 1 r��J/�� ' 7 10 J` x 462, B 60�,39 ao c / ,, p q0• / %�=���'^ ......, Ll / al Ln O - M � , 1 2. ,5:,• � / o i °o (\I —1 t�E o L � 1 v �' - rot -' � L 6 - 1 3.00' N81 �58'20"W , l0 8 .„ . Cl -4 6q 59 99 • , 39' R 1 L 2 o. \i�� / o �6 `f/` / �o i TPOB -`T in O Lo 00 0 Z N O. _1 car ''' L) � ----- - - - o ,• o �, o C7 Op N O ca R 2 � POB N83°56'15"W 2 PROPOSED R/W SW LY CORNER 159.29' - 1 POMONA ROAD __ _ ---' MB 86 LOT EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING I � � 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing4i POB Point of Beginning TPOB True Point of Beginning ( ) Title to Stote i i i t i Access Prohibited NOTES 2.2181- 5 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. I-t , I FEET 0 50 100 200 300 PREPARED BY: DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FA#: PSONAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS „, 8 R Pv' 91 5.3 PS OMAS EXHIBIT F1' LEGAL DESCRIPTION Caltrans Parcel No. 22181-6 Temporary Construction Easement APN 118-160-020 In the City of Corona, County of Riverside, State of California, being a portion of Lot 1 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 145.82 feet along a portion of the westerly line of said lot to a point thereon; thence South 81°58'20" East 64.79 feet to the True Point of Beginning; thence South 08°01'40" West 54.94 feet; thence North 87°30'57" West 65.10 feet to a point on said westerly line, said point being North 08°01'40" East 84.59 feet from said southwesterly corner; thence North 08°01'40" East 61.23 feet along a portion of said westerly line to a point thereon; thence South 81°58'20" East 64.79 feet to the True Point of Beginning. Containing 3,763 square feet. See Exhibit `F2' attached hereto and made apart hereof. The distances described herein are grid distances and are based on. California Coordinate System of 1983, "Lone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Pa2PT0010501;SURVEY\LEGAI.S\22181_1PN_118-160-020&-0224.:egals\22.181-6.docx Page I of 11/15/2012 4 5 6 7 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of f Brian E. Bullock, PLS 5260 Date PA2PTG010501\SUR VC- Y1LGG.ALS\22181_APN___118-160-020&-022\1..cgals\22181-6.docx 11/15/2012 Page 2 (42 EXHIBIT F2 PARCEL# TITLE AREA APN 22181-6 TCE 3,763 S0. FT. 118-160-020 CURVE TABLE RADIAL TABLE LINE TABLE C1 -- 0=10°06'52" C2 - a=02°05'16" R=294.00' L=51.90' R1 - S57°16'20"E L1 - 522°36'48"W 55.08' R=294.00' L=10.71' R2 - S03°58'29"W L2 - S81°58'20"E 64.79' sou-n-i Ri ll� L3 - S08°01 '40"W 54.94' 118-760-061 ' IIVi\ri r--D � ANo L4 - N87°30'57"W 65.10' f? L'0h P/15 ;J CI 'r 7"f� 6, 9/6 L5 - N08°01'40"E 61.23' ' 7 ) r, r o o co �7 _' v —1 C7) 1 rn 0� CO cs)J .0 J,r�v J /� w/r' AlCi 'prJ v ~ I O-T 1 r, 962 l l .. -90' 30 A���, `- ,20r � `� i c:I � �. r/ 1 --) -- ' 1a `Lo ` L 1 o � i Lo ��l LL -1 �� o `� L2_ I 11 i, :r, IPOi3 I 2 3.00�' , 1 N81°58'20"W N 128� G C1 6q°39,3 , / 00 j R1 \ `^ O o . z cv �? L5 1 _L� - 84.59' L3 _ - - ` - • 60 i oo Q� ` / acoN % / . to 7 / _ P0: N83 °56'15"W 2 PROPOSFD R/W SW LY CORNER 1 59.29' LOT 1 POMONA ROAD ---- MB 86/7-8 EXISTING R/W/ ROUTE___91 RIVERSIDE FREEWAY C/I_ STATIONINGROUTE 91 RIVERSIDE FREEWAY 6 7 8 9 280 1 2 LEGEND (R) Indicates Radial Bearing FOB Point of Beginning TPOB True Point of Beginning Title to State I I I 1 I Access Prohibited NOTES 2 21 8 1- 6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FA#: P S O A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS ..,.._ ,_... , .,-;4s ..a, _ . 8 RIV 91 5.3 1 1 i 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `GI' LEGAL DESCRIPTION Caltrans Parcel No. 22181-7 Temporary Construction Easement APNs 118-160-020 & 022 In the City of Corona, County of Riverside, State of California, being a portion of Lots 1 and 3 of Tract No. 7432-1, as per map filed in Book 86, Pages 7 and 8 of Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Lot 1; thence North 08°01'40" East 145.82 feet along a portion of the westerly line of said Lot 1 to a point thereon; thence South 81°58'20" East 134.90 feet to the True Point of Beginning; thence North 08°01'40" East 139.47 feet; thence South 64°59'39" East 271.37 feet; thence South 49°48'57" East 26.11 feet to the beginning of a non -tangent curve concave northwesterly having a radius of 172.00 feet, to which point a radial line bears South 49°48'57" East; thence southwesterly along said curve 15.90 feet through a central angle of 05°17'45" to a point on the general southerly line of said Lot 3; thence North 64°59'39" West 119.80 feet along said general southerly line to an angle point thereof; thence North 81°58'20" West 123.00 feet continuing along last said line to an angle point in the general easterly line of said Lot 1; thence South 08°01'40" West 113.00 feet along said general easterly line to a point thereon; thence North 87°30'56" West 25.12 feet; thence North 08°01'40" East 47.17 feet; thence North 81°58'20" West 10.00 feet to the True Point of Beginning. Containing 13,669 square feet. See Exhibit `G2' attached hereto and made apart hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing P:\21'TG010501\SURVEY\LEGALS122181 APN 118-160-020&-022\L.egais\22181-7.docx Paget oft l 1/15/2012 1 2 combination factor for this conversion is 0.99997476. 3 4 Prepared under the direction of 5 6 7 8 Brian E. Bullock, PLS 5260 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 r�-/5--/2 Date P:A2PTG01050I \S UR VE V\LEGALS\22131_A PN_ I IS- 160-020&-022Tegals\221 8tJ.ciocx 11/15/2012 PS OMAS grid distances by the mean combination factor of the courses being described. The mean Page 2 of 2 EXHIBIT G2 PARCEL# TITLE AREA APN 22181-7 TCE 13,669 SO. FT. 118-160-020 & 022 CURVE TABLE LINE TABLE C1 - A=10°06152" C2 - A=02°05'16" C3 - 0=05°17'45" R=294.00' L=51.90' L1 - S22°36'48"W 55.08' R=294.00' L=10.71' L2 - N08°01'40"E 139.47' R=172.00' L=15.90' ``�l L3 - S49°48'57"E 26.11' J 1 18-160-061 ••'-- - 1 18- 160- uJ/Jfr L4 - N87o 30'56 W 25.1 2' 039 '40 prL f lj Jc� 0 S6 J J ,� j� y ,, /,fir _ ,� L5 - N08 01 E 47.1 7 ° �r� I YP ^ L6 - N81 ° 58'20"W 10.00' 7 �,3 , �,�, --ze<1 CJJU,�J © o i,) 0 CO -� v �� � co •• c11\ M 1—RACr/re1�% /\M L O 1" 1 f.��., I y` E, 44 -, J - t? � w /S JJ f . 62< 4 v � "Yr'l f,2` � / � ` _ 0 ., S6 �O/� •mot , � , ! ,1 - � �- "s 39"A- `d L3 / Ln o c\i [>. i, w ; 1 TPOB 2 3.00.,,. r ° 10 90 i R 3 ��� 00 - -1 i� � 0 o- � S81 °43'20"E 134 E._ _ I L6 o PO '- N81 58'20"W 6 8. ' `,� N / S9'.4 g- �9, 39' vco `, �u� -- C 1 / R 1 R4 � o • Co �o o . z �N —1 � € a � I 1 L5 __-- --- _ L4 _ _ .:oc� g�o• 60 , uo • 0 0� � R 2 / i Iilll 111 I11111 6, O i «- POB N83°56'15'W-2� R/W ,..„---PROPOSED SW LY CORNER 1 59,29' MB atiLOT 1 ROAD _-- . _POMONA EXISTING R/W/ ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 1 1 1 I 1 6 7 8 9 280 1 2 LEGEND RADIAL [ABLE (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning R1 - S57°16'20HE R2 - S03°58'29"W R3 - S49°48'57"E ) ( ) Title to State R4 - S44° 31 '1 3"E l l l l l Access Prohibited NOTES 221 S 1-7 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. �-- Pamommou il, FEET 0 50 100 200 300 PREPARED BY: DATE: 5-21-12 REV. 1: 11-15-12 EA: OF540 FA#: PSOMAS 3 H:ttcn Cr, ,•,-. !:a";-, e, Ste. =.. .1 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS a. 8 RI 5. 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 22, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-160-020 and 118-160-022 (CPNs 22181-1, 22181-2, 22181-3, 22181-4, 22181-5, 22181-6 and 22181-7): Myrvin H. Ellestad 41606 Date Street, Ste. 203-A Murrieta, CA 92562 Record Owner Lera C. Ellestad 41606 Date Street, Ste. 203-A Murrieta, CA 92562 Record Owner Darrell Clendenen 41606 Date Street, Ste. 203-A Murrieta, CA 92562 Record Owner Myrvin H. Ellestad 1215 Pomona Road, Suite A Corona, CA 91720 Record Owner Lera C. Ellestad 1215 Pomona Road, Suite A Corona, CA 91720 Record Owner Darrell Clendenen 1215 Pomona Road, Suite A Corona, CA 91720 Record Owner Myrvin H. Ellestad 1215 Pomona Road, Suite D Corona, CA 92882-1825 Record Owner Lera C. Ellestad 1215 Pomona Road, Suite D Corona, CA 92882-1825 Record Owner 17336.02100\8393268.1 Darrell D. Clendenen 1215 Pomona Road, Suite D Corona, CA 92882-1825 Record Owner Dated: November 22, 2013. Frances White 17336.02100\8393268.1 ATTACHMENT 4 RESOLUTION NO. 14-004 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. 118-090-003, 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 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. 118-090-003 (Caltrans Parcel Nos. 22182-1, 22182-2 and 22182-3), 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, January 8, 2014 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 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. 107 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions and maps of the interests 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 be required in connection therewith. Legal counsel is further authorized to take such steps as may be • nR • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 109 • • • 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. 336.02100\8229857.1 EXHIBIl1A1PAGE 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. 1713(1(t2p i' I EXHIBIl1A3PAGE 2 • 11A • PS OMAS 3 EXHIBIT `A1' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22182-1 5 6 Permanent Wall Footing Easement APN 118-090-003 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. i 10 2000-001917 of Official Records of said County, described as follows: 11 12 13 14 1.5 Beginning at the northwesterly corner of said parcel; thence North 79°39'03" East 317.85 feet along the northerly line of said parcel to a point thereon; thence South 79°08'56" West 319.18 feet to a point on the westerly line of said parcel; thence North 14°47'31 " East 3.09 feet along said westerly line to the Point of Beginning. 16 17 Containing 444 square feet. 18 19 See Exhibit `A2' attached hereto and made a part hereof. 20 21 The distances described herein are grid distances and are based on California Coordinate 22 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 23 grid distances by the mean combination factor of the courses being described. The mean 24 combination factor for this conversion is 0.99997476. 25 26 Prepared under the direction of 27 2g 29 30 31 Brian E. Bullock, PLS 5260 Date -64-/3 P:''2PTG010i01';SLRVEY',.LEGALS 22182_APN_I18-090-003\Le2a1s22182-1-PE.doc 6/4/2013 - Pace 1 of 1 EXHIBIl1ASPAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN • SMI TH AVENUE 22182-1 ESMT 444 118-090-001 SO.FT RE�W PY DE � 6g1 •2� RI��RS o3 �� AGNES ST. 9� _�a�9 -i (60' WIDE) RQU% --� ' ' �� ---- 2 POR Or LOT 6 1 i�%�i� POB SEE SHEET 2 QP�G�' p �• FOR DETAIL o� ,� mil ' 8 BLOCK 68 M.3, 9/6 r J } (SAN BERNARDINO +,� COUNTY) 2°1/4v 118-090-003 POR OF LOT 3 2 N81 °57'49"W 824.20' ti S08°00"29"W 003 004' 005 1 1 8 1 1 2 006 007 LEGEND 008 009 010 011 012 013 014 POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radio! Bearing ) Title to State i i J J Access Prohibited PLEASANT VIEW AVENUE _750' NOTES • Coordinates and bearings are on CCS 19832007.00) Zone 6. Distances and stotioning ore grid distances. Divide by 0.99997476 to obtain ground distances. Ai! distances are in feet unless otherwise noted. I FEET 0 22182-1 PERMANENT 'WALL FOOTING EASEMENT 60 120 240 360 PREPARED BY: PSOMAS DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY' ROUTE, SHEET PM !SHEET NO., TOTAL SHEETS EXHIBITIVPAGE 4 EXHIBIT A2 PARCEL# 22182-1 TITLE ESMT AREA 444 SOFT. AP n 8-090-003 POB 0 M w z W N � W Q = 2 e) ♦• N- .-4 ',Zr �° z SE F REEwAY RISER ID ,8 �- 1 go,o8; 0\il G �\-, ?OR OF- LOT 6 ,1 e \'' 0 �, 2`21$ 2 �- ,j �\ .CP _ — SLDCK__68; _ NJ, _E., _ 9/6 pCY (SAN BERNARD 1 NO 25COUNTY) Cti �0 ° '0 OC)G• 255 i ti G�\✓ v Q P� LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radioi Bearing ) Title to State Access Prohibited FOR Dr LD-r .3 2 R /W 10 NOTES Coordinates and bearings are on CCS 983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet un ess otherwise noted. FEET 22182-1 PERMANENT WALL FOOTING EASEMENT 30 60 120 180 PREPARED BY: PS O M A S DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT tCOUNTYI ROUTE SHEET PM !SHEET NOeI TOTAL SHEETS I r EXHIBIl1ASPAGE 5 • • PS OMAS 1 EXHIBIT 131' LEGAL DESCRIPTION 3 4iF Ca!trans Parcel No. 22182-2 5 Permanent Wall Footing Easement 6 APN 118-090-003 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 ` land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 10 2000-001917 of Official Records of said County, described as follows: 11 12 13 14 15 16 17 18 19 Beginning at the northeasterly corner of said parcel; thence South 08°00'29" West 2.11 feet along the easterly line of said parcel to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,873.50 feet, to which point a radial line bears North 08°50'44" West; thence westerly along said curve 113.84 feet through a central angle of 01°20'18"; thence South 81°53'49" West 59.68 feet to a point on the northerly line of said parcel; thence North 79°39'03" East 34.38 feet along said northerly line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 4,885.00 feet; thence easterly along said northerly 20 line and said curve 139.75 feet through a central angle of 01°38'21" to the Point of 21 I Beginning. i 22 23 Containing 314 square feet. u f� 25 l See Exhibit 'B2' attached hereto and made a part hereof. I' 26 G 27 The distances described herein are grid distances and are based on California Coordinate 28 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing i 29 grid distances by the mean combination factor of the courses being described. The mean 30 combination factor for this conversion is 0.99997476. 31 P: YTG410501`:SURVEY\LEGALS,22182 aPNI18-090-003\Leaals`22182-2-PE.doc 6/4/2013 Page 1 of 2 EXHIBIl1A9PAGE 6 1 3 5 6 7 8 9 10 11 16 17 11 18 �I II 19 1 20 I1 21 22 11 I 23 i! i! 24 f I 25 26 27 28 29 30 �l PSOMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date I r fl I 6- O¢- /3 P',2PTG010501\SURVEY'.LEGALS 22182_APN_118-090-0031e.gals'22182-2-PE doc 6/4%2013 Page 2 of 2 EXHIBIl1AOPAGE 7 EXHIBIT B2 • PARCEL# 22182-2 SMI TH AVENUE POB TPOB (R) ( ) I t 1 1 w re) r� •� �czr MO N cr z 003 TITLE ESMT 004 LEGEND AREA 314 SO FT. APN 118-090-003 AGNES ST. (60' WIDE) i\ FOR DETAIL o G'� � • in Q P• POR OF LOT 6 �,l l .\ in \C) o 8LOCX 622 11/1,8, 9/6 �p0 1 ( SAKI 8 RNAROJ NO CP ;, C0111`1TY) 2° 'o �P . POR OF LOT 3 OOP, • g 2 G'\' Q P' 260 n POB ° m� 0 cc z 005 SEE SHEET 2 N81 °57'49"W 824.20' 006 Indicates Point Of Beginning Indicates True Point Of Beginning indicates Radial Bearing Title_to State Access Prohibited PLEASANT VIEW AVENUE S08°00'2 30' 0 N 1 CO 5 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. 22182-2 PERMANENT WALL F 00 T !NG EASEMENT FEET 0 60 120 240 360 PREPARED BY: ,PS O MAS DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAtt: OIS IRICT COUNTYI ROTE: SHEET PM SHEET NO TG Al SHFETS EXHIBMA1PAGE 8 EXHIBIT B2 PARCEL# 22182-2 TITLE ESMT AREA 314 SO.FT. AP 118-090-003 R 91 E N19° 3g 03 E RIvERSIpE (221 52---2 F REE4 AY __5g;68gg„ 58A0 53 OZ„WoRI FOR OF LOT 6 BL✓rill DOj I��I B �ID (SAN BERNARDINO COUNTY) PARCEL 1 OF DOC. NO. 2000-001917 O.R. LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( Title to State .1 _1! 1- Access Prohibited N08° 42'36"w(R) R,A585.0 ,___-„ R/g8�3o 0 �0 gqRI N 1 ICJ �1 POB I' N 30' N O O 0 co O 118-102-001 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. 22182-2 PERMANENT WALL FOOTING EASEMENT FEE! 0 25 50 100 150 PREPARED BY: PS O►MAS DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRIuT I COUNTY ROUTE' SHEET PM `HFET ^OJ TOTA) SHEETS! 1 � EXHIRIT1117PACIF P • 6 7 8 9 10 PS OMAS 1 + EXHIBIT C1' 2 LEGAL DESCRIPTION 3 4 Ca!trans Parcel No. 22182-3 5 Temporary Construction Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: 11 12 1 Beginning at the northwesterly corner of said parcel; thence South 14°47'31 " West 3.09 13 feet along the westerly line of said parcel to a point thereon, said point being the True 14 Point of Beginning; thence North 79°08'56" East 319.18 feet to a point on the northerly 15 line of said parcel; thence North 79°39'03" East 338.98 feet along said northerly line to a i 16 point thereon; thence North 81 °53'49" East 59.68 feet to a point, said point being the 17 i beginning of a non -tangent curve concave southerly having a radius of 4,873.50 feet, to 18 which point a radial line bears North 10° 11'02" West; thence easterly along said curve 19 113.84 feet through a central angle of 01 °20' 18" to a point on the easterly line of said 20 parcel; thence South 08°00'29" West 6.25 feet along said easterly line to a point thereon, 21 said point being the beginning of a non -tangent curve concave southerly having a radius 22 of 4,877.00 feet, to which point a radial line bears North 08°44'18" West; thence westerly 23 along said curve 137.12 feet through a central angle of 01 °36'39"; thence South 24 79°39'03" West 694.97 feet to a point on said westerly line; thence North 14°47'31 " East 25 5.75 feet along said westerly line to the True Point of Beginning. 26 27 Containing 5,894 square feet. 28 39 See Exhibit -C2' attached hereto and made a part hereof. 30 P:,2PTG0105011SURVEY IEGAI.S\22182_AP1N_1 18-090-003Thesals\22182-3-TCE.doc 6/4`2013 Paee 1 of 2 EXHIBITI23DAGE 10 PSOMAS 1 1 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 5 6 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 f Brian E. Bullock, PLS 5260 Date 6-04-/3 P:•2PTG010501'.SURFEY`.I_EGALS"22182_AP1_I18-090-003`d,e�als:22132-3 TCF.doc A:40013 Paget aft • EXHIBIT1WPAGF 11 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 POB SMITH A VENUE 3 R51DE , R �, ~'_�� AGNES ST. 2 RI�E —' (60' WIDE) —' SEE SHEET 3 ,/039 OUT 9� Nag FOR DETAIL %-- � SEE SHEET 2 �G�� FOR DETAIL QP 't N ,-D (SAN SE:RNARD 1 ND �,A cOUNTY) ,1,o tv 003 004 LEGEND FOR OF LOT 3 005 N81 °57'49"W 006 C POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ) Title to State (I Access Prohibited 824.20' TCE 5894 SOFT. 118-090-001 6 F REEW A 9 ; Z1, 6 1 18-090-003 FOR OF LOT 6 30' up Q c) LO 0 N i CO L-50' PLEASANT VIEW AVENUE NOTES Coordinates and bearings are on COS 1983(2007.00) Zone 6. Distances and Sration;;tg are grid distances. Divide 4111 by 0.99997476 to obtain ground distances. Ail distances are in feet ;mess otherwise noted. PREPARED BY: P SOMA S 22182-3 TEMPORARY CONSTRUCTION EASEMENT FEET G 60 120 240 360 DATE: 01-16-13 REV. 2: 06-04-1 3 EA: OF540 FAtt: DIS TRICT I COUNTY[ ROUTE i SHEET PM jt±EC j Nn.1 TOTAi EXHIBITV2PAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 ROSE Z m 0 gA� 10k-4 Cat S ROB F REE`� AY R`°51 3 ERSIpE RI 1 v T E g ,w N� a , F._* ,E 3\c3* N� ga 0a� ; ,.r ,. ; vj p'S 2�� 4 EW AY FRE "- o3g'0 , "I' "5-5'• ^ ,2�' 6g1 _' _--9�'~' N .:6gq . \G�>, p. Q POR OF LOT 6 BLOCK 62 i M . B , 9/6 . (sAN S✓RNAROJ NO COUNTY) �, to 2 OF LOT 3 • � �— . __-- 10 Q r- M W ri tri 1-1-1 N QW = M I-- r•- .--• d (V) v z IPOR OQ�, e ri GK>. Q P' 0��0 - �p . • LEGEND POB Indicates Point TPOB Indicates True (R) Indicates Radial Of Beginning Paint Of Beginning Bearing ( ) Title to State " I f Access Prohibited NOTES FEET 2 2 1 8 2- 3 TEMPORARY CONSTRUCTION EASEMENT Coordinates and bearings cre on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. Ali distances are in feet unless otherwise noted. G 30 60 120 180 PREPARED BY: PSOMAS _ ' 2 c .... i DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAtt: DISTRICT i COUNTY R '.,!TE SHEETh�1 ) cHcET ^0,('�T L i _. SI E'y., 4 7 EXHIBITV2EPAGE 13 EXHIBIT C2 PARCEL# TI TLE AREA APN 22182-3 TCE Roo1E E , g1 5894 SO FT. a F RIvERSID (22.1: 82 3 FO* 0 3g' G3tw NA 0 FOR R OF LOT 6 BLOCK 62; M, S, 9/6 (SAN BERNARDI1NO COUNTY) PARCEL 1 OF DOC. NO. 2000-001917 O.R. CURVE TABLE ¢ C1-L=01°20'18" R=4873.50' L=113.84' C2-L=01 °36'39" R=4877.00' L=1 37.12' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Paint Of Beginning (R) Indicates Radial Beoring ) Title to State JAccess Prohibited 118-090-003 N08°42'36"W(R) 1 ° 3a 2A - 96.o0, 39 'tik L' GA rG2. 0 RADIAL TABLE R1 - N08°50'44"W 10 n LINE TABLE L1 - N81°53'49"E 59.68' l 10 b° AGNES ST. (60' WIDE) 0 0 N O i co 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 diste noes. All distances are in feet unless Otherwise noted. 22182-3 TEMPORARY CONSTRUCTION EASEMENT FEET 0 30 60 120 180 PREPARED BY: P SOMA S DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAtt: ,DISTRICT COUNTY! ROUTE! SHEET PM HEFT NO.I TOTAL `' SHEET 1 __ I _ i --I--- EXHIBIT1t2PAGE 14 • • 1 ')52 • • • Corona Associates 118-090-003 (Total Parcel Area 557,133 SF) NM Permanent Wall Footing Easement 758 SF Mai Temporary Construction Easement 5,894 SF NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: November 22, 2013. 17336.02100\8393268.1 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8229857.1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22182-1 Permanent Wall Footing Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said parcel; thence North 79°39'03" East 317.85 feet along the northerly line of said parcel to a point thereon; thence South 79°08'56" West 319.18 feet to a point on the westerly line of said parcel; thence North 14°47'31" East 3.09 feet along said westerly line to the Point of Beginning. Containing 444 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22182_APN_118-090-003\Legals\22182-1-PE.doc 6/4/2013 Page 1 of 1 EXHIBIT A2 PARCEL# TITLE AREA APN 22182-1 ESMT 444 SOFT. 118-090-003 10 1 18-090-001 , —' FR�� `. ,- E RSIpE 260 9} RI ING g ROUTE CATION 1,. S 8 PS DJ '� °�ti w 0 ' EX�S Aaa5.�5' : 6-�-�%' :- o 255 WAY I ,-' RE.' Q""- '\:1 o 3 SiDE �� b' -'"l" 1\1 -' AGNES ST. 2 ", R��s3g'D3 ,,�/ (60' WIDE) 1 ROU-TE 9 _- POB �� ;,=���� � \A , — FOR OF LOT b 1 � SEE SHEET 2 0° in O v) 30 / '�� QP��' 'in 1 FOR DETAIL ,, '� 2182-1 �� BLOCK �8; IYI,8, 916 6\ 1 Q � ` in Q Ln, 1 n m ~ N � z V) W `- rn o Q _ (SAN B E RNARD 1 NO DO i% � COUNTY) 20 io g r O . .0 FOR OF L O )f 3 OG ° � OO o O el, O �. (n �\ Q P'L N81 ° 57'49"W 824.20' lD O N 0o r. 1 1 8 - 1 1 2 - 63 003 004 005 006 007 008 009 010 011 012 013 �014 .:ti �cb' LEGEND -50' POB Indicates Point of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing PLEASANT VIEW AVENUE ( ) Title to State J_LLL Access Prohibited NOTES 2 2 1 8 2- 1 PERMANENT WALL FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 60 120 240 360 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Sonic (714)461n 0053/(7114)54596 83 (Fox) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.8 1 2 EXHIBIT A2 PARCEL# TITLE AREA A P N 22182-1 ESMT 444 SOFT. 118-090-003 DE c REEW AN( 255 R1\01 1 G IN ROUTE T ATIONA /w Gil-5 EX\S1\NG 3 REEW AY IpE F 2.o I\i B5 __------ 03 - -' 3 5, N '-I °a _, 3 � -„, "\ '- _ '\ ,' '-- ,1 FOR Or LOT 6 PO B '' -- 6- pa' S GF, "-S� 9 -- _"- -- Q P� � ° .., _ u ° , -"' - 22182— Nc))N� .,1 - 0� SAN BERN— - — — - -.. AR J 1 NO 1 in 2� COUNTY) y, W . O ° 10 z � `V w c\1 \G° , W v Q = 2 M I— N `' a- 2 V)'r G�� z Q P' ii/ FOR OF LOT 3 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State J_L_LL Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground Q 2 2 1 O 2- 1 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)481-8053/(714)545-8883 (Fox) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.8 2 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `131' LEGAL DESCRIPTION Ca!trans Parcel No. 22182-2 Permanent Wall Footing Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said parcel; thence South 08°00'29" West 2.11 feet along the easterly line of said parcel to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,873.50 feet, to which point a radial line bears North 08°50'44" West; thence westerly along said curve 113.84 feet through a central angle of 01 °20' 18"; thence South 81 °53'49" West 59.68 feet to a point on the northerly line of said parcel; thence North 79°39'03" East 34.38 feet along said northerly line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 4,885.00 feet; thence easterly along said northerly line and said curve 139.75 feet through a central angle of 01°38'21" to the Point of Beginning. Containing 314 square feet. See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG010501 \SURVEY\LEGALS\22182_APN_118-090-003\Leaals\22182-2-PE.doe 6/4/2013 Page 1 of 2 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22182_APN_118-090-003\Legals\22182-2-PE.doc 6/4/2013 Pan 2 of 2 EXHIBIT B2 PARCEL# TITLE AREA APN 22182-2 ESMT 314 SOFT. 118-090-003 I..- Y 1 18-090-001 , -' 01° Lo ' ,IVERSI 260 fl iv -' g1 R LNG g POB o p1E ��pN -' R �� STA a R/W o3g'V .. C EX1S� lN0 �;0..\ j0�, ^ 6 // R�•:`' C1 co CD 'z 0 o° i� 255 EWE•( �� —�' -- -��� r ° R A FE , ,,-� °- , om 2 1 s '- 3 SIDE 6g1 t R 2 RI \I g, 03'' E/ , , , , - A GNE S S T e 91 SEE SHEET 2 (60' WIDE) �� Nag �' UTE FOR DETAIL Lo R� '' k 9-e � -' QPQ` POi� Dr O-r 6 O ,, Ln 0: 1 10 ' N I_ cn Q o 30' (SAN BERINARD I NO 00"— rA � COUNTY) 20 'o 6, ° .' N w w FOR OF LOT 3 OG . cD o M ,— °. co Q .ram- Q (7. ��� � U)vN coo �>'' I_ N v Q PSG N z - N81°57'49"W 824.20' <° O , � co 1 1 8 - 1 1 2 - o ti°' ' 003 004 005 006 007 008 009 010 011 012 013 014 1 LEGEND -50' PLEASANT VIEW AVENUE POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1111.. Access Prohibited NOTES Q 2 2 1 O 2— 2 PERMANENT WALL FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distonces. All distances are in feet unless otherwise noted. I FEET 0 60 120 240 360 PREPARED BY: PSOMAS 3 Hutton centre Drive, Ste. 200Santo (714)481n 8053/(714)545 BB83 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 4.8 1 2 • EXHIBIT B2 PARCEL# TITLE AREA A P N 22182-2 ESMT 314 SOFT. 118-090-003 FREEWAY RIVERSIDE Z�0 ROUE gA�IONING , F REEW iN POB ° -� N08 42 36 W(R) vERSIpE RI 5,00/____-_-:---- J� I� 9 1 Qaa TE (22182-2 ° a'2A', pis' �— 3 R�U 1-x- \_,� 3g ' -,, U �" �— DA ,.. '.„0 ,_,ri3 A N, :- "' EX l - 5 0' �Rl 50, Q a„ W /�i�� g a� 3 e ,_ o O 21 6g1 . 3A .3a -_-59 e6ag0,,W NOS ° -59' 03 - -' Sal ° 53 02„\N W 9 ! °11 O in Ln o FOR or LOT n AGNES ST. Si OCK 62 M,�, /6 (SAN 8ERNARD1NO COUNTY) (60' WIDE) PARCEL 1 OF tor\ 30' DOC. NO. 2000-001917 O.R. 10 1--:NI o LEGEND 0 cv POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ‘Z.,(1),— Q ° w CI 0 0 1 co ( ) Title to Stote I_LI.JL Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 8 2- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Sonto (714)481n8'053/(7114)545-8883 (Fox) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RI 91 4.8 2 2 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 PS OMAS EXHIBIT CI' LEGAL DESCRIPTION Caltrans Parcel No. 22182-3 Temporary Construction Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said parcel; thence South 14°47'31 " West 3.09 feet along the westerly line of said parcel to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 319.18 feet to a point on the northerly line of said parcel; thence North 79°39'03" East 338.98 feet along said northerly line to a point thereon; thence North 81 °53'49" East 59.68 feet to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,873.50 feet, to which point a radial line bears North 10° 11'02" West; thence easterly along said curve 113.84 feet through a central angle of 01 °20' 18" to a point on the easterly line of said parcel; thence South 08°00'29" West 6.25 feet along said easterly line to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,877.00 feet, to which point a radial line bears North 08°44'18" West; thence westerly along said curve 137.12 feet through a central angle of 01 °36'39"; thence South 79°39'03" West 694.97 feet to a point on said westerly line; thence North 14°47'31" East 5.75 feet along said westerly line to the True Point of Beginning. Containing 5,894 square feet. See Exhibit `C2' attached hereto and made a part hereof. PA2PTG010501 \SUR VEY\LEGALS\22182_APN_ 118-090-003\Legals\22182-3-TCE. doc 6/4/2013 Page 1 of 2 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of 6-o4-i3 Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22182_APN_118-090-003\Legals\22182-3-TCE.doc 6/4/2013 Paue 2 of 2 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 �r WAY 118-090-001 ,-' FREE N/ RS�pE 260 �E 91 �N`NG g R�j STATI � �1NG �Pwo38'2�,°�� �Xls D,0"\ ,5 00� - R,Q.�'3g ,/ 5 .. '" 6 � L' - � -` ,^_ °pti �� O ° 25 EEWA ��. ,,- A E F R �� 6g" 3 �'' — POR OF LOT b 3 RSI/.�� —, -� AGNES ST. R1\1 2 3 E ,.-/ (60' WIDE) �;,�> SEE SHEET 3 ��o3g �� 1 RO�TE�� Nag ,-",-� FOR DETAIL '\ Lo , POB �---'' , -- --- SEE SHEET 2 0�� � i 30 P�G�� �_ FOR DETAIL Q N ,1 ...o, 22€-3� 8iOOK bl\LS1 9/01 Q 0� W w szt = 'S V) ' In � a). , N )----- (SAN J%RNARJICO QT-- COUNTY) `o io '3'. cv 0 w POR OF LOT 3 �G o - Q e. o v =' - Q PSG - N81 ° 57'49"W 824.20' LD O N ._ co 1 1 8 - 1 1 2 - o°ti ti\ 003 004 005 006 007 008 009 010 011 012 013 014 , LEGEND -50' PLEASANT VIEW AVENUE POB Indicates Point of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State (i l ( Access Prohibited NOTES 2 2 1 8 2- 3 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. I FEET 0 60 120 240 360 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa 2707 (714)4B1n8California 053/(714)5459BBB3 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAA: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 4.8 1 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 F REED p,Y 255 1 RIvE GSjpE ROTE ATION�N A C�� S 3 R- AY 03„� j F 9 3g � 2 ERSI�E N1 36'g6 RIV 3 9 6g� .2� ROUTE R/w _ S-� 1NG g a EX13� 6gQ •g1 �\ o N1g ,'o3,w QPq- r-j QO� ° 39 POR OF LOT 6 .- q-. p 223 82`- 3 ' � ' �p0\ DLOCX 68 M,S, 9/6 10/ r- p0 (SAN SERNARD J NO 1 rn i 20 COUNTY) W in n p . to w N V Q = W v A. = M � ti •-. P 2 0 / v G�� '- . .' IPOR OF LOT 3 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State LLJ_J_ Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 1 8 2- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 ;;4)4e e053ii(7°4)54598ee3 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.8 2 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 / Y SIDE F REEW A Zr 0 1 R�vE G R00TE A�IONIN g cis 5 REEW AY a N08°42'361W(R) SIpE RIVER °3a'21 1 p,Oga85 ,05, -- 'L ICI 1 E g �� I I g• R 22182-3 �'1 G1 .- r - /W -In 1NG CZ X15 �— ° 3g, 03' 3a.ga '--N10 8° qq' 1 a Wl Ni / ," ''6g _ o -g' 03, Wr N10° 20 3 c\ r` i o - s-g FOR Or LOT 6 / sLoex 63; NJ.e, 9/6 AGNES ST. (SAN BERl`lARDINO COUNTY) (60' WIDE) '\ 30' PARCEL 1 OF la DOC. NO. 2000-001917 O.R. 1 FAo� tq cb CURVE TABLE /%)-- I_ v.) c,r Q c) '" co O O N _ O o N O i , C1 -0=01 °20'1 8" R=4873.50' L=1 1 3.84' C2-0=01 °36'39" R=4877.00' L=1 37.1 2' LEGEND RADIAL TABLE Point POB Indicates Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing R1 - N08°50'44"W LINE TABLE ( ) Title to State Access Prohibited L1 - N81 °53'49"E 59.68' _L1L NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distonces. Divide by 0.99997476 to obtain ground Q 2 2 1 O 2- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. ( FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714}481Ana, 80534714)5459EB83 (Pax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.8 3 3 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 22, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-090-003 (CPNs 22182-1, 22182-2, and 22182-3): Corona Associates P. O. Box 8397 Rowland Heights, CA 91748 Record Owner Corona Associates, a limited partnership 14 Rockingham Drive Newport Beach, CA 92660 Record Owner Corona Associates 307 Smith Avenue Corona, CA 92882 Record Owner Corona Associates 736 S. Ynez Avenue Monterey Park, CA 91754 Record Owner Dated: November 22, 2013. 17336.02100\8393268.1 J\\,Mul1,3\I (lL-),21 4 INDIAN WELLS (760) 568-261 1 IRVINE (949) 263-2600 L.OS ANGELES (21 3) 61 7-8 100 ONTARIO (909) 989-8584 BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 UNIVERSITY AVENUE, 5TH FLOOR, P.O. BOX 1028, RIVERSIDE, CA 92502 PHONE: (95 1) 686-1 450 I FAx: (95 1) 686-3083 I WWW.BBKLAW.COM GREGORY G SNARR (95 I ) 826-8202 GREGORY.5NARR@BBKLAW. COM October 25, 2013 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 SACRAMENTO (91 6) 325-4000 SAN DIEGO (619) 525-1300 WALNUT CREEK (925) 977-3300 WASHINGTON, DC (202) 785-0600 VIA HAND DELIVERY Re: Letter of Cancellation of Hearing as to Corona Associates Assessor Parcel Nos. 118-090-003 and 118-121-016; Caltrans Parcel Nos. 22182-1, 22182-2 and 22182-3 (SR-91/Capital Improvements Project) Dear Jennifer: Attached is a copy of our letter of October 25, 2013 to Corona Associates regarding RCTC's cancellation of the November hearing as to that property. We expect this ownership to be re -noticed for the January hearing, and we will send an Amended Notice when the January hearing is noticed. D E C EA OCT 25 2013 TRAN NalIgNil ssioN Very truly yours, Gregory G Snarr for BEST BEST & KRIEGER LLP Attachment copy: Gina Gallagher, Senior Right of Way Agent (w/copy of Attachment, via e-mail only) Ruby Arellano, Right of Way Agent (w/copy of Attachment, via e-mail only) Elise McCollister, Overland Pacific & Cutler, Inc. (w/copy of Attachment, via e-mail only) 17336.02100\8227700.1 4 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Gregory G Snarr (951)826-8202 gregory.snarr@bbklaw.com File No. 17336.02700 Ids BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com October 25, 2013 Corona Associates P. O. Box 8397 Rowland Heights, CA 91748 Corona Associates, a limited partnership 14 Rockingham Drive Newport Beach, CA 9 2660 Corona Associates 307 Smith Avenue Corona, CA 92882 Corona Associates 736 S. Ynez Avenue Monterey Park, CA 91754 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: Cancellation of Hearing on Resolution of Necessity for the SR-91 Corridor Improvement Project in Riverside County, California; Assessor Parcel Nos. 118-090-003 and 118-121-016 (Caltrans Project Parcel Nos. 22182-1, 22182-2 and 22182-3) Dear Property Owner: This office represents the Riverside County Transportation Commission ("RCTC"). On September 27, 2013, we sent you a Notice of Hearing to Property Owners. This notice informed you of a November 13, 2013 hearing wherein RCTC would consider adopting a resolution of necessity to acquire your property by eminent domain. This letter is to inform you that RCTC will no longer proceed to consider your property's acquisition at the November 13, 2013 resolution hearing. If there are any changes or if RCTC deems it necessary to consider your property's acquisition at a future hearing, we will let you know. Please do not hesitate to contact me with any questions. Very truly yours, Gregory G Snarr for BEST BEST & KRIEGER LLP 17336.02100\8356101.1 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, November 13, 2013, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8286872.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: September 27, 2013. Wednesday, November 13, 2013 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8286872.1 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. 17336.02100\82298 57.1 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 i PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22182-1 Permanent Wall Footing Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said parcel; thence North 79°39'03" East 317.85 feet along the northerly line of said parcel to a point thereon; thence South 79°08'56" West 319.18 feet to a point on the westerly line of said parcel; thence North 14°47'31" East 3.09 feet along said westerly line to the Point of Beginning. Containing 444 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate' System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA\2PTG010501 \SURVEY\LEGALS\22182_APN_118-090-0031,egals\22182-1-PE.doc 6/4/2013 Page 1 of 1 EXHIBIT A2 PARCEL# TITLE AREA APN 22182-1 ESMT 444 SOFT. 118-090-003 pY 1 1'8-090-001 EEW , -'' FR , IVERS`pE 260� TE 91 �NING 9 ' ROU 5� pi �w ° 2A° , _ DI:3 s5.05, , 6 �L��3g% - ^QD 0\)V ow � �� -� o0 255 WAY q FREE 1 ,2 �� 6g1�'''�� �ERSI.....-2„-, AGNES STo 2 9 R N�9 3g'o.,;-J ' (60' WIDE) 1 1 FOR Dr LOT r b ~ v-E .� '/ / � POB --� SEE SHEET 2 G O. i �� M I- 30' ' ' FOR DETAIL ,� �� eLDCI 68' M.8, 9/6 1 Q � 06\ w Q I---N ' (SAN D r 1'�NARD I NO 06° � ,, � : COUNTY) 2 , a, �O e (V ' L' FORor LOTo�, e ' o M ° A o (1, a LI)o ! r v- �G z QP Y N81 ° 5714911W 824.20' N i co 1 1 8 - 1 1 2 - 6) ti" 003 004 005 006 007 008 009 010 011 012 013 014 .'t .. LEGEND -50' POB Indicates Point Of Beginning PLEASANT VIEW AVENUE TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I)) Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 8 2- 1 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I �� FEET 0 60 120 240 360 PREPARED BY: DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Sonic481" 8053/(714)545-6683 (70x) 8 R IV 91 4.8 1 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22182-1 ESMT 444 SOFT. 118-090-003 IpE F REED ° 2�5 RISERS 1 G RO-TE -rp, IyIN A RAW Cif 5 .I �X�SING 3 EEW AY FR 2 VERSIOE - _- RI 61 °Z, ROUEE 91 g ,,� - 9 39 03 ,- .1 :� _ _-3 g. N -� �, ?OR Or LOT 6 POB � .��g p�'S6 �G� --S - --Q P '' o. -- /--- . Z. 1 N'‘ .1 o O BLOCK 68 M.S. 9/6 1v M �O'` (SAN B RNARDINO 1 — in 2. COUNTY) D, - W r � u-) C.� ° 10 w N v , w v e Q = , _ •"' I— N- ---.o 2 (nQ- G0' z Q P� i LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State J! LL Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 8 2- 1 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481-80534714)545-B8B3 (Fox) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 4.8 2 2 l 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Bl' LEGAL DESCRIPTION Caltrans Parcel No. 22182-2 Permanent Wall Footing Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northeasterly corner of said parcel; thence South 08°00'29" West 2.11 feet along the easterly line of said parcel to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,873.50 feet, to which point a radial line bears North 08°50'44" West; thence westerly along said curve 113.84 feet through a central angle of 01°20'18"; thence South 81°53'49" West 59.68 feet to a point on the northerly line of said parcel; thence North 79°39'03" East 34.38 feet. along said northerly line to a point thereon, said point being the beginning of a curve concave southerly having a radius of 4,885.00 feet; thence easterly along said northerly line and said curve 139.75 feet through a central angle of 01°38'21" to the Point of Beginning. Containing 314 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 A\2PTG010501 \SURVEY\LEGALS \22182_APN_118-090-003\Leeals\22182-2-PE.doe 6/4/2013 V Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date P A\2PTG010501 \ SURVEY \LEGALS\22182_APN_ 118-090-003\Leaals\22182-2-PE. doc 6/4/2013 V Page 2 of 2 EXHIBIT B2 PARCEL# TITLE AREA A P N 22182-2 ESMT 314 SOFT. 118-090-003 " pY—' � 1 1 8-090-001 E , "' " E FREW S�p60 2 RIVE�N 1NG g POB Q � ,, -' o�TE �,1pN � C,L 51 aG R/w �03(3'20 j �ZN ,0 0� ° o— " a EXIS R. q� 9 15 ,�3,- - C� i �" " � -' � i—r .. oo i 255 EW A� -- ° °2 l `2Z1 8;2=2 3 6g1 , ID03E" 2 91 RIVERS ,",-AGNES ST. SEE SHEET 2 (60 WIDE) , 1 �E RO1 -= / N�g°3g ,,-' N FOR DETAIL „0 P P� P�r� OF�T ,� o ° ,� if,in EILOCX 62f, m,a, 9/6 o° J 1 =� 30' ww rh , in _ m o N '— cr z \ COUNTY) 20 10 o O ° c" POR Or LO r 3 oo ° � � o co Q PSG N81°57'49"W 824.20', ; L p N ^o 1 1 8 - 1 1 2 - CP �,` 003 004 005 006 007 008 009 010 011 012 013 014 ,I; , LEGEND -50' PLEASANT VIEW AVENUE POB Indicates Point of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State J_111 Access Prohibited NOTES Q 2 2 1 O 2- 2 PERMANENT WALL FOOTING EASEMENT 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. I FEET 0 60 120 240 360 PREPARED BY: PSOMAS 3 Hutton Centre Santo Ano, CalifarnDrive, ia927�e. 200 07 (714)481-8053/(714)545-8883 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 4.8 1 2 EXHIBIT B2 PARCEL# TITLE AREA APN 22182-2 ESMT 314 SOFT. 118-090-003 // FREEWAY sl 2�0 R10 RpuTE ATlON1NG a FREEWAY POB N08°42"36"W(R) v�RSICE R I a5 .p � / ;'L 9 R=Aa 3 '2 5 ROIL Di01° L;13g;' '----- i _- �ZNp �/w /-p\o201a130aA "� D'' L'1 �- N i- AXIS " l Rl .5p 1' t A213 °5p1AA W `o o 6g1 3A 3a _ _S° 538g9 W R' NOa 0,0s p2 w�Ftl N� ° 3g p3 E - Sap 9 N1 L o �o ' POR OF LOT 6 AGNES ST. BLOCK 62f, M,S., 9/6 (SAN JrRNARDINO COUNTY) (60' WIDE) PARCEL 1 OF 10/\ 30' DOC. NO. 2000-001917 O.R. 1 o, 10 -0-) I-- N o O LEGEND o N POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Y' el, Q ° co CI)---. O in O i 1 ( ) Title to State _ _LJ_J_Access Prohibited i NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 8 2- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481-8053/(7114)54598883 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I U 91 4.8 2 2 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `CV LEGAL DESCRIPTION Caltrans Parcel No. 22182-3 Temporary Construction Easement APN 118-090-003 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Grant Deed recorded January 4, 2000 as Document No. 2000-001917 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said parcel; thence South 14°47'31" West 3.09 feet along the westerly line of said parcel to a point thereon, said point being the True Point of Beginning; thence North 79°08'56" East 319.18 feet to a point on the northerly line of said parcel; thence North 79°39'03" East 338.98 feet along said northerly line to a point thereon; thence North 81 °53'49" East 59.68 feet to a point, said point being the beginning of anon -tangent curve concave southerly having a radius of 4,873.50 feet, to which point a radial line bears North 10°11'02" West; thence easterly along said curve 113.84 feet through a central angle of 01 °20'18" to a point on the easterly line of said parcel; thence South 08°00'29" West 6.25 feet along said easterly line to a point thereon, said point being the beginning of a non -tangent curve concave southerly having a radius of 4,877.00 feet, to which point a radial line bears North 08°44' 18" West; thence westerly along said curve 137.12 feet through a central angle of 01°36'39"; thence South 79°39'03" West 694.97 feet to a point on said westerly line; thence North 14°47'31" East 5.75 feet along said westerly line to the True Point of Beginning. Containing 5,894 square feet. See Exhibit `C2' attached hereto and made a part hereof. PA2PTG010501 \SURVEY\LE GA LS\22182_APN_118-090-003\Legal s\22182-3-TCE. doc 6/4/2013 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 6-o4-i3 PA2.PTG010501\SURVEY\LEGALS\22182_APN_I 18-090-003\Lesals\22182-3-TCE.doc 6/4/2013 y Page 2 of 2 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 f Y 1 18-090-001 - -'' FREEWA co -' vERs>�pE 26p -' r TE 91 ON>NG 9 ' I\14 v"(P �c p-0 00/ - .^-) o '' a5 / S-' 4. o 255 �i - — EWA �-' A RE �' �' ,�—� �- F� �-� 6 1? %` � FOR Jr LOT ° ; 3 IDC i R '';-- IvE ��� AGNES ST. , ,� 2 91 R � 03 - ` S E SHEET 3 (60' WIDE) ��� ROU�E�,— N—(g �,g FOR DETAIL ` POB -'"--:---/ SEE SHEET 2 p�. in e30 v, QP�G�' ,1 FOR DETAIL \ , p�, \ ' • �' D O NJ J J 1 Q o '-y .r.� 1� !� j rj pp\ �ZLI Q I=— V) (SAN 8ERNARO 1 NO �'- D% � COUNTY) �p lo -o, \Oe 0 W FOR OF LOT 3 OG . � O • in o iD • Q 2 << o �� Ln <0 o \. N PSG z . - N81 ° 57'49"W 824 , 20' - lD I N oo 1 1 8 - 1 1 2 - � o° 1:\ 003 004 005 006 007 008 009 010 011 012 013 014 LEGEND -50' POB Indicates Point of Beginning PLEASANT VIEW AVENUE TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C ) Title to State 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 2 2 1 8 2- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 60 120 240 360 PREPARED BY: DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santa (714)481Ana, 8053/(7114)54598883 (Fax) 8 R I V 91 4. 8 1 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 R 2 o QO� O��E 91N�NG ST P ROUTE �,...� IDE F REED D' V ERS 3 RISE 91 1NG R/W ExIS� o p8 g N� 3"W - -S "g 3g p A AY FR- RSIDE $ " _ ,.,. g .� y 6gA.°g'f Q p� 'L' ��\ \J BLOCK 68 (SAN BERNARDINO COUNTY)14.1 Or LOT 3 255 0 3g N19 3a 3 " - ga' _ LOT 6 la > � � - i\ 10 � �,� G FOR Or M , B , 9/6 , . 0� �Q � ti in L w N Qw 1 = r, I_ r— '' can 'sr 2.. IFOR pG' , GF,� P� GCt - \•\o ° 2 LEGEND POB Indicates Point TPOB Indicates True (R) Indicates Radial Of Beginning Point Of Beginning Bearing ( ) Title to State J_L_LL Access Prohibited NOTES FEET 2 2 1 8 2- 3 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. l 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)481- 8053/I(7114)545-8883 (Fax) DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAtc: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 4.8 2 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22182-3 TCE 5894 SOFT. 118-090-003 _ / WA Y 5,0E FREEZr 0 R PO ROTE 91-001,' ,ING 9 C/1- 5 REEW AY a F N08°42'36"W(R) SIprG RISER ° 32,121s 1 -VE 9 R34625°05, ° ' I r I R0� 139 Z2.182-3 -� G1 --- �' - /w _ - Np R �� G2 - Os\ — Z 1 l c.\ '' - � , 0\14 0 11B ° 0 33 --,,- g I Np$ 4 / W 9 / - - -- 6g A ° 5�„w VRl ° -, `w- N1 p- ,.0 3�p ►• in N � o° La j Ln� q; ,,. " Sig FOR OF LOT 6 " - BLOCX 60f, Ail,S., 9/6 AGNES STo (SAN BERNARDINO COUNTY) (60' WIDE) A 30' PARCEL 1 OF 10 DOC. NO. 2000-001917 O.R. 1 10 `) ' CURVE TABLE esZ I- a� (f) _ Q p 0 -- co cn N O O _ o o N o 1 CO '^ C1 -A=01 °20'1 8" R=4873.50' L=1 1 3.84' C2—A=01 °36'39" R=4877.00' L=1 37.1 2' LEGEND RADIAL TABLE Point POB Indicates Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Rodial Bearing. R1 — N08° 50'44 W LINE TABLE ( ) Title to State I I I I Access Prohibited L1 — N81 °53'49"E 59.68' 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 S 2- 3 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 30 60 120 180 PREPARED BY: DATE: 01-16-13 REV. 2: 06-04-13 EA: OF540 FAat: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS (714)481n6053/(714)5459(Fox) 8 RIV C]8883 J1 4.8 3 3 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on September 27, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-090-003 and 118-121-016 (CPNS 22182-1, 22182-2, and 22182-3): Corona Associates P. O. Box 8397 Rowland Heights, CA 91748 Record Owner Corona Associates, a limited partnership 14 Rockingham Drive Newport Beach, CA 92660 Record Owner Corona Associates 307 Smith Avenue Corona, CA 92882 Record Owner Corona Associates 736 S. Ynez Avenue Monterey Park, CA 91754 Record Owner Dated: September 27, 2013. Frances White 17336.02100\8286872.1 ATTACHMENT 5 • • • RESOLUTION NO. 14-005 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, TEMPORARY ACCESS EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND BUILDING DEMOLITION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-250-014 AND 118-250-022, 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, permanent wall footing easement, temporary access easement, temporary construction easement and building demolition easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 118- 250-014 and 118-250-022 (Caltrans Parcel Nos. 22196-1, 22196-2, 22196-4, 22196-5 and 22196- 6), 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, January 8, 2014 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner(s) was/were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee, permanent wall footing easement, temporary access easement, temporary construction easement and building demolition easement interests in the property to be acquired is for the SR-91 Corridor Improvement Project in Riverside 130 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 maps of the interests 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 Califomia 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. • • • 1 g1 • • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 132 • • • 133 • • • 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 constricting, 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 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 constricted, any building, stricture 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 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. 1i ?36 )2100184 t 6426.2 EXHIBIT14PAGE 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. "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. "Building Demolition Easement" refers to an exclusive 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 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property • • • 17 3 36.02100\8416426. 2 EXHIBITAEPAGE 2 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. 173 36.02100\8416426,2 EXHIBITA6PAGE 3 • • • 1 g7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. PS AS EXHIBIT `Al' LEGAL DESCRIPTION 3 i i� 4 Caltrans Parcel No. 221.96-1 5 Fee Acquisition 6 i APN 118-250-014 & 022 g In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows; Beginning at the northwesterly corner of said land; thence South 81°58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 33.97 feet through a central angle of 67°07'13" to the beginning of a compound curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 108.64 feet through a central angle of 05°51'21 "; thence South 02°35'28" West 234.88 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 46.60 feet; thence South 39°13'11" East 48.00 feet; thence South 80'53'35" East 223.09 feet to a point on the general easterly line of said land; thence South 12°57'58" West 4.01 feet along said general easterly line to an angle point thereof; thence South 25°44'51" West 82.07 feet continuing along said general easterly line to the southeasterly corner of said land; thence North 79'02'29" West 246.82 feet along the I southerly line of said land to the southwesterly corner thereof; thence I� North 03°56'08" East 291.38 feet along the general westerly line of said land to an angle point thereof; thence North 08°04'34" East 230.84 feet continuing along said general I' westerly line to the Point of Beginning. j! Containing 26,641 square feet. it UCostamesa2`projects;2P'1.0010501.\.SURVEY\LF..GALS12196_118-250-014\Legals', 2196-1_Fee.dec Page 1 of 87212013 EXHIBITIMPAGE 4 PS OMAS See Exhibit `AT attached hereto and made a part hereof. 3 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 4 and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to 5 Grantor's remaining property, in and to said freeway. 6 8 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 9 grid distances by the mean combination factor of the courses being described. The mean 10 #' combination factor for this conversion is 0.99997476. 11 � 12 Prepared under the direction of 13 i 14 15 �— 8 •2� • 1.-015 16 Jeremy L. Evans, PLS 5282 Date 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 11Costamesa2lprojects \2PTG010501'SURVEY\LEGAL'St22196_118-250-014`1Leoals\22196-1_f`ee_doc Pae_c 2 of t 8/22/2013 EXHIBITIApPAGE 5 EXHIBIIT A2 PARCEL# TITLE AREA APN 22196-1 FEE 26,641 SOFT. 118-250-014 & 022 - �-------- L1----�-�----�---- _ POMONA STREET I \T 1 e 30' TO r; \ j . 1i 1 j i LINE DATA 44 0 1 BEARING DISTANCE wi�' 'I ; O �' �! L 1 S81 ° 58'26"E 1 54.00' Mco °a Ili Pr) i t t1 �'"? o 1 L2 S81°55'26"E 145.07' Z' �,�� "�I (DI • N , in I (Ni i ! i L3 512°57'58"W 77.50' °P"��0 �' o U I Z � r�l t l 1t CV NI � � i ro o 1 1 in q3 L4 525°44'51"W 82.07' Z I ll1 I o 1 I I -I I � N 1 `v' ) o L5 ° _ � n� S81 58 26 E 1 9.14' -1 I WI ii�' o v'1 .1-v i �' o I L6 587°24'32"E 1 .50' cv � l it O j N 1 r L 7 S02° 35'28"W 46.60' f I I 11 � i - ' II* O �iI ° ' co f p ( I L8 S39°13'11"E 48.00' tt z t 't `) ' j L9 S12°57'58"W 4.01 ' I r � I� rM ee I ee !Itiv II (-' v ' � U. O of ,' It ci I ' II 1 I I i I I ,i ' � ! L6 ; L2 _ RADIAL DATA F- (oL7L8 w M 1 BEARING x 1 _._.. __1_ _ ____ — I R 1 N 1 4° � � W ?_ 5 5 8 ,1, e r ,— �-- —M 61 � S80° 53 35 'E 223 09' _ _ -' - — -{_ r���_� r-== 1 i ROUTE Oa � No IN 7 9°02'29"W 246.82'- 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING i 6 7 8 9 290 1 i I LEGEND- CURVE DATA j.i POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning RADIUS DELTA LENGTH (R) Indicates Radial Bearing C1 29.00' 67°07'13" 33.97' C._.__..9 i;tie to State 1 1 I I Access Prohibited C2 1063.00' 05° 51 '21 " 108.64' 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 9 6- 1 FEE ACQUISITION -. distances. All distances ore in feet unless otherwise noted. r__. FEET 0 50 100 200 300 PREPARED 8': DATE: 10-25-11 REV. 6: 08-15-13 EA: 0E540 FA#: P S O A S DISTRICT COUNTY ROUTE -I SHEET PM SHEET NO. TOTAL SHEETS 1 1 rlV `a• 4 1 1 EXHIBIT140PAGE 6 • • • 141 • 5 e 7 PS © AS EXHIBIT `BI' LEGAL DESCRIPTION Cakraus Parcel No. 22196-2 Permanent Wall Footing Easement APN 118-250-014 & 022 8 .In the City of Corona, County of Riverside, State of California, being a portion of the 9 '' land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of o Official Records of said County, described as follows: 11 12 Beginning at the northwesterly comer of said land; thence South 81 °58'26" East 13 19.14 feet along the northerly line of said land to a point thereon., said point being the 14 beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to 15 which point a radial. line bears North 14°25'58" West; thence southwesterly along said 16 I€ curve 33.97 feet through a central angle of 67°07'13" to the beginning of a compound li 17 I curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 18 28.26 feet through a central angle of 01 °31'24" to the True Point of Beginning; thence 19 South 83°04'35" East 5.00 .feet to the beginning of a non -tangent curve concave easterly 20 having a radius of 1,058.00 feet to which point a radial line bears North 83°04'35" West; 21 thence southerly along said curve 80.00 feet through a central angle of 04° 19'57"; thence 22 ' South 02°35'28" West 75.42 feet; thence South 87°24'32" East 2.00 feet; thence 23 t South 02'35'28" West 159.45 feet; thence South 87°24'32" East 1.50 feet; thence 24 South 02°35'28" West 40.93 feet; thence South 39°13'11" East44.13 feet; thence 25 South 80°53'34" East 220.27 feet to a point on the general easterly line of said land; 26 thence South 12°57'58" West 9.02 feet along said general easterly line; thence 27 !{ North 80°53'35" West 223.09 feet; thence North 39913'11" West 48.00 feet; thence 28 North 02°35'28" East 46.60 feet; thence North 87°24'32" West 1.50 :feet; thence I 29 North 02°35'28" East 234.88 feet to the beginning of a curve concave easterly having a ;i 30 i radius of 1,063.00 feet; thence northerly along said curve 80.38 feet through a central 31 angle of 04°19'57" to the True Point of Beginning. \\Costarocsa2\ projects \2PTG010501\SURVEY\LEGALS`t22196_118-250-014\Legals+22196-2_PE.doc Page 1 of 2 8/22/2013 EXHIBIT142PAGE 7 1 j 2 6 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Containing 4,610 square feet. See Exhibit ` 32' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared.under the direction of it Cf/vkyves 8•Z3•lo 3 Jeremy L. Evans, PLS 5282 Date `s3 No, 528'2 Exp. 12./31/13 �`.Costamesa2\projects\2PTG01050I \SI,TtVEYTL-GA S'22196._118-250-0144 egals`22196-2_PE.doe rage 2 of 2 8122/20I3 EXHIBIT143PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA APN 221 96-2 ESMT 4,610 SO. i= T. 1 1 8-250-01 4 & 022 - - Pf:---------------------------- Li A f TREE T .. >, <,�, 1 C + , �o' ro � I��-' = i ' f i i + LINE DATA ! 44' W � f 1 i 1 + BEARING DISTANCE i w > e I 0— t t ! L 1 S81 ° 58'26"E 1 54.00' j Q I "-"r j � coI `i O N ! I �i ! U.1 0 L2 S81 °55'26"E 145.07' 4 �1 go' I re-) i col o L3 512°57'58"W 77.50' O� i O`1' ' t I N i? i re” 1 0 ; i L4 S25°44'51 W 82.07 i I -J 1 I 1 1 -I "• 1 `� ' 1 I O dl I l I 1 t t` O W 1 11 N 1 I I' 0 a.t I I O IL f Z 0 1 1 a _ 1 nJ + c I cr i - 1 ) p osT-f 1 cv I cod i COI O 1_ i t I i I + ' SEE SHEET 2 1 j 1�— c10 ill — I in 1 I I �� ; �' I ►I d � 'vw I I i FOR DETAIL I J i 1 '.. + I j� o co'fi` x wI� 60' of°���-- _ ��rt��___ _-t.,3 Ln 58053 34"E 220.27' -- -j rn --if I c I zSEE SHEET 2 I -j 1 I ROUTE 6 FOR DETAIL "A" i N79°02'29" W 246.82' I 91 RIVERSIDE FREEWAY 7 8 9 290 LEGEND ?08 Indicates Paint Of Beginning ROUTE 91 RIVERSIDE FREEWAY TPOB indicates True Point Of Beginning (R) Indicates Radial Bearing C--7 Title to State (/L STATIONING > 1 + i Access Prohibited NOTES Coordinates and bearings ore on cos 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 �6 - 2 PERMANENT WALL FOOTING EASEMENT distances, All distances are in feet unless otherwise noted. F._..._.___- ® 1 =EFT 50 ICO 200 300 PREPARED BY: DATE: 10-25-11 REV. 5: 08-15-13 EA: OF540 FA#: P S M S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS n 1_ I 'c' '. , /4 L EXHIBITiMPAGE 9 EXHIBIT B2 PARCELit TITLE AREA APN 22196-2 ESMT 4,610 SOFT. 118-250-014 & 022 °58'26"E CURVE DATA POB 581 1 54 00' RADIUS DELTA LENGTH d=67°07 13" 1 Cl 1058.00' 04°19'57" 80.00' R= L=33.97 .' 1 C2 1063.00' 04° 1 9'57" 80.38' L1 d-01 ° 31 '24" 1 TPOB R=1063.00' LINE DATA R2 R3 L=28.26' BEARING DISTANCE, y1 1 L1 S83°04'35"E 5.00' co LU • ( 5 00 L2 S87°24'32"E 2.00' Z �1• N L3 N87°24132"W 1.50' LU Ia.' I . L4 N80° 53'35"W 223.09' Q � a, in b RADIAL DATA v J o 10 r OR, Dr �� 0 o BEARING O op �N r U 0 I Ln �, PARCEL i 2 1 0 R1 N14°25'58"W _ _ Z Jbcn F�.S, stG/31 c�v R2 N83°04'35"W —1 I OD co R3 N83°04'35"W L2 DOC. NO. 2001 —201 233 O.R.' r____._.____? f O I O rn -D Z ° I ° S80°53'34"E 1 x o 0� v,• — 220.27 o ° N I ri — — — — v, cr1 co_ co z r„ 0 s*i = 0 0 0 I j OD N M o a, 0 v" II —N8023.09 �` S12°57'58"W N • W 9.02 �o I u-, DETAIL "A" (A� I a NOT TO SCALE 587° 24 `32"E i '' 1 .50' S02° 35'28"W 40.93' J ._ < . '" LEGEND NO2° 35'28"E 0 0 46.60' _ _ _ "� _ w Point -53 1 3'1 1 -r— 1—� LiTPOB Cr POB Indicates Of Beginning indicates True Point Of Beginning (R) Indicates Radial Bearing 14 N39° 1 3'1 1 "W Y,, — — 44 73 S80° 53'34"E; 220.27' 1 w o 4 Lij _ ( ) Tit'e to State 48.00' 1 t 1 t Access Prohibited L4 - 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 9 6- 2 PERMANENT ;PALL F00TING i:A`iEMEh'T W_...._.._....._....___.. distances. All distances are in feet unless otherwise noted. FEET 0 30 60 129 130 • PREPARED By: IDATE: 10-25-11 REV. 5:08-15-13 EA: OF540 FA#: P S O M A DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS _.,._ •`- EXHIBITAEPAGE 10 • • • PS OM I 1 i I 2 i 3 i EXHIBIT D1' LEGAL DESCRIPTION 4 Iff Ca'trans Parcel No. 22196- 4 5 ij Temporary Access Easement 6 E APN 1.18-250-014 & 022 7 iI 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201233 10 of Uncial Records of'said County, described as follows: 11 12 Beginning at the southeasterly corner of said land; thence along the general easterly line 13 of said land the follovving two (2) courses: 1) North 25°44'51 " East 82.07 feet and 14 j 2) North 12°57'58" East 48.04 feet; thence North 80°53'35" West 124.57 feet to the 15 True Point of Beginning; thence continuing North 80°53'35" West 36.01 feet; 16 thence North 08°04'34" East 405.04 feet to the northerly line of said land; thence 17 South 81 °58'26" East 18.00 feet along said northerly line to the northeasterly corner i 18 thereof; thence South 08°04'34" West 378.59 feet along the general easterly line of said 19 land to an angle point therein; thence South 81°55'26" East 18.00 feet along said general 20 easterly line; thence South 08'04'34" West 27.12 feet to the True Point of Beginning. 21 22 I Containing 7,779 square feet. 23 24 25 26 27 28 29 30 31 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. hi;i2PTG01.0501'•SURVEY,LEGALS'12196_118-2 0-014\Legalsl22196-4._TAE_doc 9/16/2013 Page I of 2 EXHIBITIWAGE 11 3 12 ]3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 3 PS0 AS Prepared under the direction of 9. t(a. Zot3 Jeremy L. Evans, PLS 5282 Date M:`21Y1.G010591tSURVEYI.,EGALS`.22196_..11.8-250-0! IA:gals22196-4_._TAE.Joc Pate 2 of 2 EXHIBITA-PAGE 12 EXHIBIT D2 PARCEL# TITLE AREA APN 22196-4 TAE 7,779 SO.FT. 118-250-014 & 022 ------ ----------------------------------- i L 3 -� L9 L5 ---------------------------= [ POMONA STREET 1 t w . Z 1 LINE DATA Z 4 4 L . I: 11 18 -1 r° BEARING DISTANCE w ill O t i h � o ' ND L1 N12°57'58"E 77.50' Q I � v / . , �ao rn • II I,� L2 ° N25 44'51 E 82.07 J po u N o I -01 L 3 S81 ° 58'26"E 1 54.00' 0 . z" I 0 NI �; �� 0 ko L4 S81 °58'26"E 1 36.00' Z d ' o NI o o L5 S81 °58'26"E 1 8.00' J 1 1 o w > ' I � o' L6 S08°04'34"W 27.1 2' Ic. 11 -N sr v [ rn1 °o N L7 N12°57'58"E 48.04' i I GIs , •N CC I CC cp o zIw 1 if CD '1 O . 11 z 00 . I . II . 0 o 11 U CO II M ' 11 11 • ►► U ;< I r w 1 i �01 — °o l 'OI I i S81 ° 55'26"E r I 1 45.07' -� I 18.00 0 a 10 : .: ,., t , co i a I L 6 1— Von. �� X 10, 6 O in A — TPOB. 1 ?4.57r o '` 1...36.01 I ', 160.58' N80° 53'35"W • � ti N79°02'29"W 246.82' POB ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 I I � I I LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State MI Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 4 TEMPORARY ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. i �� FEET 0 50 100 200 300 PREPARED BY: DATE: 01-23-13 REV. 4: 09-16-13 EA: Fok#:OF540 PSOMAS 3 n Or 'vF S.re. 2CC DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS son i 2 Cc! cr ,! 4 221 ET, 3,, ..., , pp :J RI / , 91 i 5. 5 1 I 1 EXHIBIT*EPAGE 13 • • 'MA • • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `E1' LEGAL DESCRIPTION Ca'trans Parcel No. 22196-5 Temporary Construction Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as folloN,vs: Beginning at the northwesterly corner of said land; thence South 81 °58'26" East 19.14 feet along the northerly line of said landto a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 17.61 feet through a central angle of 34°47'57" to the True Point of Beginning; thence South 08°21'56" West 37.92 feet; thence South 81°38'13" East 4.32 feet; thence South 08°21'47" West 51.80 feet; thence South 81'38'13" East 1.67 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,055.00 feet, to which point a radial line bears North 85°35'05" West; thence southerly along said curve 33.59 feet through a central angle of 01 °49'27"; thence South 02°35'28" West 72.42 feet; thence South 87°24'32" East 2.00 feet; thence South 02°35'28" West 162.45 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 42.78 feet; thence South 39° 13'11" East 40.37 feet; thence South 80°53'35" East 219.95 feet to a point on the general easterly line of said land; thence South 12°57'58" West 1.00 feet along said general easterly line of said land; thence North 80°53'34" West 220.27 feet; thence North 39°13'11" West 44.13 feet; thence North 02°35'28" East 40..93 feet; thence North 87°24'32" 'Vest 1.50 feet; thence North 02°35'28" East 159.45 feet; thence North 87'24'32" West 2.00 feet; thence North 02°35'28" East 75.42 feet to the beginning of a curve concave easterly having a radius of 1,058.00 feet; thence northerly along said curie 80.00 feet through a central angle of 04° 1.9'57"; thence North 83'04'35" West '.Costamesa2\projec is 2FFG010501ISURN/ET1EGALS\22196 11 R-250-014'Lego Is\22196-5_TCE.doe 8!22/2013 Paee 1 of 2 EXHIBITA(F'AGE 14 PS OMAS 5.00 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,063.00 feet, to which point a radial line bears North 83°04'35" West; thence northerly along said curve 28.26 feet through a central angle of 01 °31'24" to the begirming of a compound curve concave southeasterly having a radius of 29.00 feet; thence northeasterly along said curve 16.39 feet through a central angle of 32°22'53" to the True Point of Beginning. Containing 1,516 square feet. See Exhibit `E2' attached hereto and made a part hereof The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Jeremy L. Evans, PLS 5282 Date `;\Co tamesa2\pmjoAs',2PTG010501\SURVEY,LEGALS\22196__113-250-014\I.xplsV.22196-5_TCE.doc 8122 2p!3 t s':4 :c9 No: 5282 x i} \\Exp. 1 2 f 31 /13 '� f e11{ttJ Cat.. Page 2 of 2 EXHIBITysfAGE 15 :EXHIBIT E2 PARCEL# TITLE AREA APN 22196-5 TCE 1,516 S0. FT. 118-250-014 & 022 POBj--------- ------- POMONA---- STREET__. _.___------------------- I \ .. L.1 A..-.-u .. r.. T 1 30' TO C I ; 4.1 I 1 I i LINE DATA j 44i Li •I BEARING iDISTANCE : Q' I &` I �. r I I I L 1 S81 ° 58'26"E 1 54.00' Q I "'ono , `' I ,° 1 rnl 1 L2 S81 ° 55'26"E I 1 45.0 7' � , oo, I,�i o i L3 S12 57 58'W { 77.50" 0 ! oN I v • i o I L4 525°44'51 "W 82.07" L Z '0 N. N I I �I = I ON I L5 S80°53'35`E 219.95' --II I I ,� _t 'I i ao i Lb N80°53'34"W 220.27' j jf �L1 1 I o o r N" I Oz� cIl I , �I �1 I 0i _I I 1 i� 1-.-__—L5 512°57'58"W 1 F I . j �' 0 I i .00' SEE DETAL „A„I ii' rz E r� I 1 I HEREON I — L6 L I I U . z w •0 • N I I I L2 I »., .�,� �F.;. �; io I> I �. I w I 610' s� �_ ---1— ° \ �, I L5 :1 L3 1 / , o L6 ! DETAIL "A` PP f j _ SEE SHEET 2 1 J ROUTE 6 FOR DETAIL . N79°02'29"W 246.82" -�— 91 RIVERSIDE FREEWAY / 8 9 290 I 1 I1 ! LEGEND }-4) POB Indicates Point Of Beginning ' ROUTE 91 RIVERSIDE FREEWAY TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING ( ) Title to State I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and statianino are grid distances. Div:de by 0.99997476 to obtain ground 2 2 1 9 b— 5 TEMPORARY CONSTRUCTION l=ASEMENT distances. All distances are in feet unless otnervise noted. FEET 0 50 t00 200 300 PREPARED BY: DATE: 10-25-11 REV. 5: 08-15-13 EA: OF540 FAx: P S O A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS r. I I f - EXHIBITAlAGE 16 EXHIBIT E2 PARCEL# TITLE AREA APN 22196-5 TCE 1 ,51 6 SO.FT. 118--250-014 & 022 LINE DATA BEARING DISTANCE L1 S08°21156"W 37.92' L2 S81 °38'1 3"E 4.32' L3 S08°21'47"W 51.80' L4 581°38'13"E 1.67' L5 S87°24'32"E 2.00' L6 N87°24'32"'W 2.00' L7 NO2°35`28"E 75.42' L8 N83°04'35"W(R) 5.00' L9 NO2°35'28"E 40.93' L10 N87°24'32"W 1.50' RADIAL DATA BEARING R1 N14°25'58"W POB 581 ° 58 26"E 1 54.00' TPOB _ 34°47'5,7„ R=29.00 L =1 7.61 ' N49°13'55"W(R) C4 C3 L INCOLN AVENUE CURVE DATA RADIUS DELTA LENGTH C1 1055.00' 01 °49'27" 33.59' C2 1058.00' 04°19'57" 80.00' C 3 1 063.00' 01 ° 31 '24" 28.26' C4 29.00' 32° 19'1 6" 1 6.36' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L j Title to state I i i I Access Prohibited L8 Na°04'34"E L2 L4 N85° 35'05"W(R, 3>00 v1 0 —i �° FOR O Nli} 'PAR 1 Nov R,S, 46/31 _co L5 o DOC . NO. �_ 0 2001-201233 O. rn.>C � C�cA � ° `J' c' o 2 z " � — 3.001 3- c �-- w z� cox r� 1 S87°24'32"E ,,,✓� 1 < 50' �e w C L9 S02° 35'28"W 42.78' R. M rpo 1O v7 c 118-250-020 1 ° 55'26"E 145.07'— ,S39° 1 3'1 1 "1 40.37' --r` N39°13'11"W ;,w---S80°53135"E 2:19.95' 44.13' i� i?. N80° 53'34"W 220.27' NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 221.96-5 TEMPORARY CONSTRUCTION EASEMENT 1— - - FEET 0 30 60 120 180 PREPARED BY: DATE: 10-25-11 REV, 5: 08-15-13 EA: OF540 FA#: • DISTRICT LCOUNTY 8 Il! ROUTE' SHEET PM 1SHEET NOITOTAL SHEETS 5,4 1 2 l EXHIBITATAGE 17 • • • P l EXHIBIT `F1' 2 LEGAL DESCRIPTION 4 Ca'trans Parcel No. 22196-6 i 5Building Demolition Easement ,s 6 11 APN 118-250-022 7 s In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Grant Deed recorded Inlay 9, 2001 as Document No. 2001-201233 to of Official Records of said County, described as follows: 11 12 Beginning at the southeasterly corner of said land; thence along the general easterly 13 line of said land the following two (2) courses: 1) North 25°44'51" East 82.07 feet and 14 ' 2) North 12°57'58" East 48.04 feet; thence North 80°53'35" West 284.16 feet to a point i 15 on the general westerly line of said land; thence South 03°56'08" West 119.07 feet 16 along said general westerly line to the southwesterly comer thereof; thence 17 South 79°02'29" East 246.82 feet along the southerly line of said land to the 18 Point of Beginning. 19 20 21 22 23 25 Containing 33,002 square feet. See Exhibit `F2' attached hereto and made a part hereof The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch.. Ground distances may be obtained by dividing 26 ! grid distances by the mean combination factor of the courses being described. The mean 27 28 29 30 31 combination factor for this conversion is 0.99997476. Ma2PTG610501`SURVEY'•.I.EGALS'•22I.96118-25U-01-P••.Legals`22.196-6_ADE.doc 9116/"2013 Page 1 of 2 EXHIBITARAGE 18 .; 7 9 0 11 12 13 14 15 16 17 1.8 1.9 20 21 22 23 24 25 26 27 28 29 30 31 PSa AS Prepared under the direction of °)• W15 Jeremy L. Evans, PLS 5282 Date lgA2PTG010501\S[TVEY'd_EGALS`;22I96,__1.182 0-014`,Legals\22I96-6_BDE_cloe 9/16/2013 Page 2 of 2 EXHIBITAi:PAGE 19 EXHIBIT F2 PARCEL# TITLE AREA APN 22196-6 BDE 33,002 SQ.FT. 118-250-022 ----------------------------------------- I I L 3 M --------------------------- POMONA STREET w; ' 1 i (.1 LINE DATA Z 44 • I i io BEARING DISTANCE Q 1I1 i1 O o +h L1 N12°57'58"E 77.50' Q I r' o '� II re) ; L2 N25°44'51 "E 82.07' Z oo cM�1 `a,1 L3 S81°58'26"E 154.00' Oi c(r)i O I (Ni`.--1 �; o L4 N12°57'58"E 48.04' Z i J I � � I cc I cp 1 o z,'w v' co II I r 'LL1. ll O N 1"' IIco II Uj II O II z 111 U 11 O _ 'I p al II v 11 �c t . ON to IM I 1 N O 1 '� 1 N O Tr ;rill 1 ° 1 :co — 1 ON 1 ' 1 I IS81 ° 55'26"E -� 145.07' � � -XIOit im "O' .N80°531351_284.1: 6 WI cr d. 6Q' � __I. _.. �.___ �. l9 N, LL ° LI1�`:ti �� rn `O t I l l! t 1 1 1 1 1 L 1 l 1 I L L 1 1 I rr I�- I . f V / a/ , f® I Q A. - N S79°02'29"E 246.82' POB ROUTE 91 RI VERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 i 1 i I 1 LEGEND'il POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) indicates Radial Bearing ( ) Title to State I I I I Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 6 BUILDING DEMOLITION EASEMENT distances. All distances ore in feet unless otherwise noted. i FEET 0 50 100 200 300 PREPARED BY: DATE: 09-16-13 REV.: EA: FAst: OF540 PSOMAS 3 HUTTOn Centre Drive, Ste. 20_ DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 2 RL7 :7 4):8';'-8053/C;'4' 54 _ F3 ., �x, 8 R I V 91 5.5 1 1 EXHIBITAEPAGE 20 • • • Maude -Corona, LLC 118-250-014 118-250-022 MIMI FEE 26,641 SF (Total Parcel Area 98,174 SF) Mal Permanent Wall Footing Easement 4,610 SF 111111111111 Temporary Construction Easement 1,516 SF MINI Building Demolition Easement 33,002 SF aim Temporary Access Easement 7,779 SF Proposed SR-91 Westbound Offramp :to NTLincoln Ave Propo-sed SR-91 Westboun:d Lanes (Y1 aAsi.Q...- c:,aconsx. (LO N No 005 AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8467524.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December/ r/, 2013. 17336.02100\8467524.1 BEST BEST & I<'�ZIEGER LLP By: Mar A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Access Easement" refers to a 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 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. l 7336.02100\8416426.2 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. "Building Demolition Easement" refers to an exclusive 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 6 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property 17336.02100\8416426.2 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\8416426.2 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 PS OMAS is 2 !' 3 i 4 Caltrans Parcel No. 22196-1 Fee Acquisition APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; thence South 81°58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 33.97 feet through a central angle of 67°07'13" to the beginning of a compound curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 108.64 feet through a central angle of 05°51'21 "; thence South 02°35'28" West 234.88 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 46.60 feet; thence South 39° 13' 11 " East 48.00 feet; thence South 80'53'35" East 223.09 feet to a point on the general easterly line of said land; thence South 12°57'58" West 4.01 feet along said general easterly line to an angle point thereof; thence South 25°44'51 " West 82.07 feet continuing along said general easterly line to the southeasterly corner of said land; thence North 79°02'29" West 246.82 feet along the southerly line of said land to the southwesterly corner thereof; thence North 03°56'08" East 291.38 feet along the general westerly line of said land to an angle point thereof; thence North 08°04'34" East 230.84 feet continuing along said general westerly line to the Point of Beginning. Containing 26,641 square feet. •,Costamesa2`.projectsVPI(3010501`:SURVEY\LEGALS•22196_I18-250-014Tegals\22196-1___Fee.doc Page I oft 8/22)2013 PS OMAS See Exhibit `A2' attached hereto and made a part hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. 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 �- C;ays4 2013 Jeremy L. Evans, PLS 5282 Date Na. 5252 Exp. 12/31 /13 Costamesa2\ projects \2PTG010501\SURVEYILEGALS\22196_118-250-01,1\Leoats\22196-1_Fee.doc Paec 2 of 2 8/22/20 t 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22196-1 FEE 26,641 SOFT, 118-250-014 & 022 POB �!4 z �I w QI " cO z 00 JI o M O CO N C- I o z� �I I I I \ ! � CD z El Flo ix) XIO w1 60' I I I T POMONA STREET 1 30' TO C 1 ! 1 ! I I I I .� • ^� i 1 j I I cv 7 1 i 11(2 I I I M 1 I � j N (Di i I 1 ,t I a) o I i I j 1 I re) O !i N NI1 n 1 CO i 1 O I II i s N o I II N LLI I I tU, o �� 1 1 M co I O I ll,,, o Y.I 1 i �0 j IIco • 1 Io i ap I II CD1-1-! 1 °o I III 7.:. �1 j 1 - I II W C2 • ! I I II 7 �I I I II n' I 1 Ii • ! I 1 L6 I L2 L -T 1 G'LS i--i----- �1 ---1--1-----------�� S80° 53'35"E 223,09' 1 J J 11. r i II T.-! _ 17 —1 1, 7 l [. 17 -i r ' N79°02'29"W 246.82' ROUTE 91 RIVERSIDE FREEWAY 6 f 7 f 8 9 LINE DATA BEARING DISTANCE L1 S81°58'26"E 154.00' L2 S81 °55'26"E 1 45.07' L3 S12°57'58"W 77.50' L4 S25°44'51"W 82.07' L5 S81 °58'26"E 1 9.1 4' L6 S87°24'32"E 1.50' L 7 S02° 35'28"W 46.60' L8 S39° 1 3'1 1 "E 48.00. L9 512°57'58"W 4.01' RADIAL DATA BEARING R1 N14°2.5'58"W ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 290 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing c) T i t ! e to State I I I I Access Prohibited I CURVE DATA RADIUS DELTA LENGTH 01 29.00' 67°07'13" 33.97' C2 1063.00' 05°51'21" 108.64' 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. 22196-1 FEE ACOWSITION FEET 0 90 100 200 300 PRLPARED BY: DATE: 10-25-11 REV. 6: 08-1 5-1 3 EA: OF540 FAtt: DISTRICTICOUNTYIROUTE I I SHEET PM SHEET NO. TOTAL SHEETS 4 i 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `BP LEGAL DESCRIPTION Caltrans Parcel No. 22196-2 Permanent Wall Footing Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201.233 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; thence South 81 °58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 33.97 :feet through a central angle of 67°07'13" to the beginning of a compound curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 28.26 feet through a central angle of 01°31'24" to the True Point of Beginning; thence South 83'04'35" East 5.00 feet to the beginning of a .non -tangent curve concave easterly having a radius of 1,058.00 feet, to which point a radial line bears North 83°04'35" West; thence southerly along said curve 80.00 feet through a central angle of 04° 19'57"; thence South 02° 35'28" West 75.42 feet; thence South 87°24'32" East 2.00 feet; thence South 02'35'28" West 159.45 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 40.93 feet; thence South 39°13'11" East 44.13 feet; thence South 80°53'34" Fast 220.27 feet to a point on the general easterly line of said land; thence South 12°57'58" West 9.02 feet along said general easterly line; thence North 80°53'35" West 223.09 feet; thence North 3.9°13'11" West 48.00 feet; thence North 02°35'28" East 46.60 feet; thence North 87°24'32" West 1.50 feet; thence North 02'35'28" East 234.88 feet to the beginning of a curve concave easterly having a radius of 1,063.00 feet; thence northerly along said curve 80.38 feet through a central angle of 04°19'57" to the True Point of Beginning. Cost amcsa2\projectsUPTGOl050.1\SURVEY`.LEGALS\2?l96_118-250-01d\Leeals\2'_196-2_PE.doc Page 1 of 3i22i2013 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Containing 4,610 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. Prepared under the direction of �,. t`�, /cam Jeremy L. Evans, PLS 5282 Date Cost amesa2\projectsk2PTG010501\SURVF.Y`•.LGGAi S''.221.96_118-250-01-1\Leg als`22196-2__PF.doe Page 2 of 8/22/2013 EXHIBIT B2 PARCEL# TITLE AREA APN 22196-2 ESMT 4,610 SO. FT. 118-250-014 & 022 - ------------------- POB- --- ---- --------- ----- ------ i 1 POMONA TSTREET - T 30' TO C I wi (2a i LINE DATA Z 44 l I BEARING DISTANCE j w ,T, . ^ !II � i L1 ° S81 58"26"E 154,00" Q 6 I O ,0 �I L2 S81 ° 55'26"E 1 45.07' ool II r) �' �� 0 1 L3 S12°57'58"W 77.50' O' o" C� I M At I cal a? 1---1 Ml o i I L4 S25°44'51"W 82.07' z z' '—� —J r I I I -'-�' � , � _.� � 11 i 1 - o j1l I N d1 I 11 I 1 ;i �l 11I tUO Oill. 41 C\J '`� 1 EU P I O It -- '-- � I �_�I I � I MIcol 0 i `r � Oko I I1 col c or I (r)I SEE SHEET 2 � 1 `. cp n �i-1-1oa rn I II I UO Et: rn l � 1 I o CL i1 I FOR DETAIL I 1 �2 �i �' it. �rn_ � _ -- 1 a IMr 60' rI �a - --_-- __- ,L-S8053 34 E 220.27-- -1i \ < . i1"`.r1-1i1771-MEWn " 1 I 1 i 7-f- u i o 1 z SEE SHEET 2 /— I ROUTE 6 FOR DETAIL "A" P N79°02'29"W 246.82' 91 RIVERSIDE FREEWAY 7 8 9 290 ,ii LEGEND POB Indicates Paint Of Beginning ROUTE 91 RIVERSIDE FREEWAY TPOB Indicates True Paint Of Beginning (R) Indicates Radial Bearing C/L STATIONING ( ) Title to State _LJ_1L Access Prohibited NOTES Coordinates and bearings are on Ccs 1983(2007.90) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 2 PERMANENT WALL FOOTING EASEMENT distances. Ail distances are in feet unless otherwise noted. -T—' I I PFET p 50 100 200 300 PREPARED BY: PSOMAS DATE: 10-25-11 REV. 5: 08-15-13 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS h tit 91 5.4 EXHIBIT B2 PARCEL# TITLE AREA APN 22196-2 ESMT 4,610 SOFT. 118-250-014 & 022 °58'26"E CURVE DATA POB S81 1 54,00' 1 9.1 4' RADIUS DELTA LENGTH r C1 1058.00' 04°19'57" 80.00' AllW,=67°07'13" R=29. L=33.97' C2 1 063.00' 04° 1 9'57" 80.38' L1 �p-01 °31 '24" TPQB R=1063.001 LINE DATA R2 R3 L=28.26' BEARING DISTANCE c L1 S83°04'35"E 5,00' —5.00' LV • c,,, L2 587°24'32"E 2.00' o, ti i, 2" Z Ni' L3 N87°24'32"W 1 ,50' j w �� . L4 N80°53'35"W 223.09' ':L 17; 0-1 In CO RADIAL DATA z Pr 0 j� o DR Jr "' o � JoBEARING z 0 PARL 2 iO oU R1 N14°25'58"W Z �1�v, R,j- -46/31 � N` N R2 N83°04135"W -J � a> - R3 N83°04'35"W 12-; DOC. NO. - 2001 —201 233 O.R. 'I N -' O ° .. N O O � GI .,�� 'I S80°53'34"E 1 � � wU — 220.27' n °. N N — —- — 01 4 QO 'i:I o° cn m ,n 0 o O it _ � sr rn O co O cn u, I � —223.09' S12°57'58"W -- � H'1 _, i9 N80°53'35"W 9.02' _ N � 'n 41I La; co... '0 DETAIL "A" w --aNOT `1 TO SCALE .S87°24'32"E ` 1 , �0' { f , -3 I S02°35'28"UJ 40.93` = -.1 . a w �,a z LEGEND NO2° 35'28"E I 46.60' �-�-- ��539 'CT __ coo Indicates Point Of Beginning 13.11 I �,� POD TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing - N39° 1 3 1 1 "'W 44 .73-r- i -- T — 580° 53'34"E; 22 .27' 1 w Vim I w ( ) Title to State 48.00' . 1 1 1 I Access Prohibited Lq NOTES Coordinates and bearirgs are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances in feet ....._..__..'_..... are unless otherwise noted. FEET 0 30 60 120 180 PREPARED BY: DATE: 10-25-11 REV. 5:08-15-13 EA: OF540 FA#: PSOMAS ,. c.r r- 7.:,. DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `DV LEGAL DESCRIPTION Ca!trans Parcel No. 22196=4 Temporary Access Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said land; thence along the general easterly line of said land the following two (2) courses: 1) North 25°44'51" East 82.07 feet and 2) North 12°57'58" East 48.04 feet; thence North 80°53'35" West 124.57 feet to the True Point of Beginning; thence continuing North 80°53'35" West 36.01 feet; thence North 08°04'34" East 405.04 feet to the northerly line of said land; thence South 81°58'26" East 18.00 feet along said northerly line to the northeasterly comer thereof; thence South 08°04'34" West 378.59 feet along the general easterly line of said land to an angle point therein; thence South 81 °55'26" East 18.00 feet along said general easterly line; thence South 08°04'34" West 27.12 feet to the True Point of Beginning. Containing 7,779 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. N412PTG010501`,SURVErLEGALS\22 t96_113-250-014-Tegals122196-“AE.d°e 9/16/2013 Page 1 of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 73 24 25 26 27 28 29 30 31 11 PS OMAS Prepared under the direction of �• �Eo' ZU13 Jeremy L. Evans, PLS 52P Date 1\4:12131 G01050l'SURVEYIEGALS'22196_.11.8-250-0141Legals122196-3. TAE.doe 9/1.6/20 ( 3 0,1,‘i L. e, 10 12- No. 5�82 SExp. 12/31/13 Paae 2 of 2 EXHIBIT D2 PARCEL# TITLE AREA A P N 22196-4 TAE 7,779 SQ.FT. 118-250-014 & 022 ---- I --- � ---- L43 ---�� L5------------- POMONA STREET ---------- I W 1 Z I i 1 (' LINE DATA z 44' L , t o II � 18H --.1 BEARING DISTANCE w 11 I O I• 0 �22196-4) � L1 N12°57'58"E 77.50' Q. v o " M �� L2 N25°44'51"E 82.07' J j oo �I N o f in L3 S81 °58'26"E 1 54.00' O' co`v U 1 Z 11 0 II N o0 CDL4 nt S81°58'26"E 136.00' Z j 0o I M o N 0 L5 S81 °58'26"E 1 8.00' Jj I �� o — wi o ' iaN L6 508°04"34"W 27.12' ii M � CO L7 N12°57'58"E 48.04'j , 1 j �1� Cor, CC I CC Z j 0 lai r.: i o i B` , N 1• .ov i 11 O '1 0 i 11 z I co 11 , 0) O 1 II U r Z r t 1 O o c,1 t II 1 u U 1 i � vr 0 c 0 �i : i �P �1 '- S81 ° 55'26"E r 145.07' -J 1 8.00' /� ini 0_ X 61�,LI _ a0 I a-.1 >. L 6 O . ,—�_ 1 TPOB,� 36.01 ?4.57 _ �— I l l l l f l l l mill l II 1 7 II 1 1_ '= M --- j 0 '' 160.58' Z t� N80° 53'35"W N N79°02'29"W 246.82' POB ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 I I I LEGEND.i POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State Access Prohibited .LPL NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 TEMPORARY 9 6- 4 ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. 1 FEET 0 50 100 200 300 PREPARED BY: DATE: 01-23-13 REV. 4: 09-16-13 EA: FA#:0F540 PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS , rq+n Ac, r0 ',rn ,1 92707 '714)491-8053/ 714i545 0BH3 (Fcxi 8 R I V 91 5, 5 1 1 PS OMAS EXHIBIT `El' LEGAL DESCRIPTION Caltrans Parcel No. 22196-5 Temporary Construction Easement APN 1.18-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the northwesterly comer of said land; thence South 81°58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 17.61 feet through a central angle of 34°47'57" to the True Point of Beginning; thence South 08°21'56" West 37.92 feet; thence South 81 °38'13" East 4.32 feet; thence South 08°21'47" West 51..80 feet; thence South 81'38'13" East 1.67 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,055.00 feet, to which point a radial line bears North 85°35'05" West; thence southerly along said curve 33.59 feet through a central angle of 01 °49'27'; thence South 02°35'28" West 72.42 feet; thence South 87°24'32" East 2.00 feet; thence South 02°35'28" West 162.45 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 42.78 feet; thence South 39°13'11" East 40.37 feet; thence South 80°53'35" East 219.95 feet to a point on the general easterly line of said land; thence South 12'57'58" West 1.00 feet along said general easterly line of said land; thence North 80'53'34" West 220.27 feet; thence North 39°13'11" West 44.13 feet; thence North 02°35'28" East 40.93 feet; thence North 87°24'32" West 1.50 feet; thence North 02°35'28" East 159.45 feet; thence North 87'24'32" West 2.00 feet; thence North 02°35'28" East 75.42 feet to the beginning of a curve concave easterly having a radius of 1,058.00 feet; thence northerly along said curve 80.00 feet through a central angle of 04°19'57"; thence North 83°04'35" West Costamesa2\projects`2PTG010501',SURVETLEGALS\22196j t8-270-0141_egals\22196-5JCEdoc 8/222013 Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ') 0 21 22 23 24 25 26 27 78 29 30 31 PS OMAJ 5.00 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,063.00 feet, to which point a radial line bears North 83°04'35" West; thence northerly along said curve 28.26 feet through a central angle of 01 °31'24" to the beginning of a compound curve concave southeasterly having a radius of 29.00 feet; thence northeasterly along said curve 16.39 feet through a central angle of 32°22'53" to the True Point of Beginning. Containing 1,516 square feet. See Exhibit `E2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, 'Lone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of t Jeremy L. Evans, .PLS 5282 0 • • 2,n 13 Date Costamesa2`projects\2PTG010501\SURVEY.LEGALSI" 196_I 18-250-014` Legats,:22196-5_TCE.doc 1 22/2013 //(44, } l C } No, 5282 �� s} \Exp. 12/31 /"13 % zg r- * --- f f Page 2 of 2 EXHIBIT E2 PARCEL# TITLE AREA APN 22196-5 TCE 1,516 S0. Ff. 118-250-014 & 022 ------------------------------------ POa I L 1 POMONA STREET 30' TO G W j I .1 i1 LINE DATA I z 441 ! / • 1 BEARING DISTANCE L 1 581 ° 58'26"E I 1 54.00' Q I r� �1t o ��, In 0. L2 581 ° 55'26"E 1 45.07' oo J M o I L3 S12°57'58"W 77.50' O ! COS' v I o 1! i _N u, I L4 525°44'51 "W 82.07' ZI I N c\I Q N i N I O L5 S80° 53'35"E ' 21 9.95' J' It _� 1I °") ' j L6 N80°53'34"W 220.27' c N �., � O� `I I� 1 t11 I a_ i{ 1 1 - rl I 1 9 P. o o o jj N 1 ! i 1 1 co 1 — 1 i ' L5 l 512°57'58"W ---vfr .„ 1.00' SEE DETAL ,�AJ� 1 ......,.,......._ .•....., -. ; CD C ; IIE �`' I HEREON -- L6 L3 CD 0Z W �lcn N- i I 1 w ', I L2 1 0 x I I 1 _0 I -'s--�-� i w ! � 610 , LC l 1% �— —1— —t— al aec 1 °n \ 1 1`" i i L r.. L 5 _ _ L 3�— / 1 '1"" =1 — — —*Tr 1I \ L6 I DETAIL "A' I _ _ _ _ 7( z NOT TO SCALE SEE SHEET 2 / P ROUTE 6 FOR DETAIL ,� N79°02'29"W 246.82' 91 RIVERSIDE FREEWAY 7 8 9 290 I I 1 LEGEND ROB Indicates Point Of Beginning ROUTE 91 RIVERSIDE FREEWAY TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING ( ) Title tc State 1 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zane 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 5 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. E-- Iaiimel FEET 0 50 100 200 300 PREPARED BY: PSOMAS t t,,,, -— ri Ne . ... DATE: 10-25-11 REV. 5: 08-15-13 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 3 I'I'. 7 . 4 i EXHIBIT E2 PARCEL# TITLE AREA APN 221 96-5 TCE 1 ,51 6 SO.FT. 1 1 8--250-014 & 022 _ POB S81 ° 58 26"E 1 54.00' T P 0 B9 I n. LINE DATA >, i 34° 47 57 BEARING DISTANCE ( R_29.00' L .61 L1 S08°21'56"W 37.92' C4 N49°13'55"W(R) L2 S81 ° 38'1 3"E 4.32'"3 ,1 L2 L3 S08° 21 '4 7"W 51 .80' L8 L4 S81°38'13"E 1.67'� L5 S87°24'32"E 2.00' a t w co L4 N L6 N87°24'32"W 2.00' �� N$5°35'05"44(R) . d L7 NO2°35'78"E 75.42' cu n > win 3.00 rn Cv L8 N83°04'35"W(R) 5.00' � •�`' ►_ n o0 L9 NO2°35'28"E 40.93' M ut -_ sr j o i N co '� v) •- L10 N87°24'32"W 1.50' Uv o -1�i FOR, 0r N� OE):,r- Pr1r?CrL 2 z :AJ NN Ft.u, 46/31 J `� �L5 }� RADIAL DATA ;IL 1 BEARING kilo DOC. NO. oN = NJ2001 -201 233 O.R. A R1 N14 25 58 W �rr. x73 cw O u4 a o 7.71, u, 73 zu .,3 m cD z �' '��--- 3.00 ` 3 O �n CURVE DATA -- u �, � N RADIUS DELTA LENGTH _ - T P `� ( ' C1 1055.00' 01 °49'27" 33.59' C7J;°, u'_ 0 C2 1058.00' 04o 19'57 80.00' r6-1 S87°24'32"E C3 1063.00' 01 ° 31 '24" 28.26' N� "5 §/ 1 .50' S81 °5 Q76"E C4 29.00' 32° 1 9'1 6" 1 6.36' ; ,I_1 �'7 �' S02°35'28"W : col L9� LEGEND \ , 2.42.78' S3713'117— 1 --'------ P.)B Indicates Point Of beginning TPOB Indicates True Point Of Beginning `. "W 40.37T t—T---`- 1 S80°53'�35 E 2ti 9.95' IR) Indicates Radial Bearing N39° 1 3'1 1 i ( ) Title to State 44. 1 3 1 1 1 1 1 I1 1 1 1 11 1 1 1 1 i l l i Access Prohibited N80°53'34"01 220.27' 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 2.1.9 6 - 5 TF_MPORARY CONSTRUCTION EASEMENT distances. All dis`e,nces are in feet unless otherwise noted. FRET C 30 60 i'LC 180 PREPARED BY: PSOMAS DATE: 10-25-11 REV. 5: 08-15-13 EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 F.;IV i1 �, . 2 1 PS OMAJ EXHIBIT Tr LEGAL DESCRIPTION 3 4ii Caltrans Parcel No. 22196-6 5 Building Demolition Easement 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 APN 118-250-022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said land; thence along the general easterly line of said land the following two (2) courses: 1) North 25°44'51" East 82.07 feet and 2) North 12°57'58" East 48.04 feet; thence North 80°53'35" Nest 284.16 feet to a point on the general westerly line of said land; thence South 03°56'08" West 119.07 feet along said general westerly line to the southwesterly corner thereof; thence South 79°02'29" East 246.82 feet along the southerly line of said land to the Point of Beginning. Containing 33,002 square feet. See Exhibit `F2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. NI:A2PTGO1050I SURVEYNLECiA S'•2219ti (18-250-014 Legals,22196-6 HUE.doc 9/15%2013 Page I of 2 3 4 5 PS OMAJ Prepared under the direction of l� WGirtiO 9 • tlo) 6 Jeremy L. Evans, PLS 5282 Date 7 1 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1v1:A2PTG010601SLT.VErLECiAL.S'2219(_118-250-01.4 Legals\22196-6 JIDE.doc 9/ 16/2013 / � V� t 1 E S �`\ (4e, �y �\ a No. 5282 t�1Exp. 12/31/13 /� 4 t Page 2 of 2 EXHIBIT F2 PARCEL* TITLE AREA APN 22196-6 BDE 33,002 SO.FT. 118-250-022 ---- i --- ------- L3 ---M------------ -- POMONA STREET �1 \ I.1 w . 1 Gv LINE DATA z 44 II BEARING DISTANCE v 11 O D L 1 N 1 2° 57'58"E 77.50' Q . co ill M L2 N25°44'51 "E 82.07' Z o0 J 1 o r-) II N p an in L3 S81°58'26"E 154.00' OO i 1 No 0 L4 N1 2°57'58"E 48.04' Z`" Z 1 --II C. I i ti I o ? i N 1 I 11 O\ 41 No .0 II y II - 11 Q N II z a: II U CI O _ •11 � In II �c N lCD M Q M v- 0 CO O IS81 1 O N O O cLn �, Ln ^ co1 '-- °55'26"E _1 1 45.07' cch . 0_ 1 0 co _1 N80° 53'35" 284.16 x W j 11 60' 0 .�.-.,�•---- —i ..`_ _---`— - i \ L1, — -- -- o s- Q _ rn o I I I I I I I 1 1 1 1 1 1 I I L I I I 7 17 T• 1-1- I 0 • 0a (22.1 96`-- 6) ----- I j 71- t. _1 (\i S79°02'29"E 246.82' POB ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 1 I I 1 LEGEND .i POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1LLL. Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 6 BUILDING DEMOLITION EASEMENT distances. All distances are in feet unless otherwise noted. E �� FEET 0 50 100 200 300 PREPARED BY: DATE: 09-16-13 REV.: EA: FM: OF540 PSOMAS 3 Nutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS - -- :%,0, Co. i forn o 92707 1714)481-81)53/(7!4)545-9893 (cox) 8 - R I V 91 5.5 1 1 PROOF OF MAILING NOTICE I, Mandy Villareal, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December N , 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-250-014 and 118-250-022 (CPNs 22196-1, 22196-2, 22196-4, 22196-5 and 22196-6): Maude -Corona, LLC 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner Maude -Corona, LLC c/o Leslie Maude 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Courtesy Copy Maude -Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 17th Street P.O. Box 10237 Santa Ana, CA 92711 Record Owner /.` Dated: December , 2013. My Villareal 17336.02100\8467524.1 NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: November 22, 2013. 17336.02100\8393268.1 BEST BEST & KRIEGER LLP By: Mar raster Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to 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. "Permanent Utility Easement" grants to RCTC, including its successors and assigns, a permanent and perpetual easement, to relocate, construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect and/or remove, at any time and from time to time, underground utilities, including but not limited to sewers, water, electrical systems and communication systems, consisting wires, underground conduits, cables, vaults, manholes, handholds, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means and/or other purposes, in, under, on, over, along and across the land, as determined necessary by RCTC, its successors and assigns, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. Property owners shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of RCTC, its successors and assigns. RCTC will not unreasonably withhold from Grantor, its successors and assigns, the right to utilize the easement area for parking, driveway access, landscaping (exclusive of vertical penetration), open space and density or floor area calculation. RCTC shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation. No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of RCTC, its successors and assigns. 17336.02100\8416426.1 "Permanent Access Easement" refers to a 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. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. Such right shall be exercised for a period of 9 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. "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\8416426. l 1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22196-1 Fee Acquisition APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; thence South 81°58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 33.97 feet through a central angle of 67°07'13" to the beginning of a compound curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 108.64 feet through a central angle of 05°51'21"; thence South 02°35'28" West 234.88 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 43.43 feet; thence South 81 °36'58" East 261.91 feet to a point on the general easterly line of said land; thence South 12°57'58" West 42.46 feet along said general easterly line to an angle point thereof; thence South 25°44'51" West 82.07 feet continuing along said general easterly line to the southeasterly corner of said land; thence North 79°02'29" West 246.82 feet along the southerly line of said land to the southwesterly corner thereof; thence North 03°56'08" East 291.38 feet along the general westerly line of said land to an angle point thereof; thence North 08°04'34" East 230.84 feet continuing along said general westerly line to the Point of Beginning. Containing 35,623 square feet. See Exhibit `A2' attached hereto and made a part hereof. RUPTG010501\SURVEY\LEGALS\22196_118-250-014U.egals\22196-1 Fee.doc Page 1 of 2/15/2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of f 77-7 -—- /:3 Daniel J. Forgey, PLS 8303 Date PA2PTG010501\SURVEY\LEGALS\22196_118-250-014\Legals\22196-1_Fee.doc Page 2 of 2 2/15/2013 EXHIBIT A2 PARCEL# TITLE AREA APN 22196-1 FEE 35,623 SO.FT. 118-250-014 & 022 POB` L5--L1 --------------- P PQMQNA STREET rs 30' TO *C \ t I LINE DATA 44` (-) 1( in i BEARING DISTANCE f- '''11I) O o 1 L1 S81 °58'26"E 1 54.00' Q My�(� I CO'v M y tt I' , rn L2 o S81 55 26 E 1 45.07 Z , as : N cn ;, i �' L3 S1 2° 57'58"W 77.50 0 ace U ( ►► o !1 N 11 I In o tt) cc, L4 S25° 44'51 "W 82.07' Z Z i (ft ►� o _i I i N o L5 S81 ° 58'26"E 1 9.14' —I1 ►I�° o 0 i n °p o L6 S87°24'32"E 1 .50' ( u- CV < I o N L7 S02°35'28"W 43.43' 1t 11 O i i co `' L8 S12°57'58"W 42.46' I ►► z Q ►►N) >� I Ul I RADIAL DATA ii� Ci 00 u- O � ) BEARING cc E CC�Io' CD 1 R1 N14°25'58"W Z o c' ., L6 1 /I L2 ui ' a_ x f o co S81 ° o ;, 6'5 �"E 261 .91 ' _ —8----_ MI LA [ k d ttg a .__I _ j ROUTE o �a, Sri 4- N79°02'29"W �246.82' 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 ! I i i I LEGEND CURVE DATA POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning RADIUS DELTA LENGTH (R) Indicates Radial Bearing C1 29.00` 67°07'13" 33.97' ( )Title to State I ((► Access Prohibited C2 1063.001 05°51'21" 108.64' 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 9 6- 1 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ano, California 9270T (714)481-8053/(710545 8BB3 (Fax) DATE: 10-25-11 REV. 5: 02-15-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5. 4 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Bl' LEGAL DESCRIPTION Caltrans Parcel No. 22196-2 Permanent Wall Footing Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; thence South 81'58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 33.97 feet through a central angle of 67°07'13" to the beginning of a compound curve concave easterly having a radius of 1,063.00 feet; thence southerly along said curve 28.26 feet through a central angle of 01'31'24" to the True Point of Beginning; thence South 83°04'35" East 5.00 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,058.00 feet, to which point a radial line bears North 83'04'35" West; thence southerly along said curve 80.00 feet through a central angle of 04°19'57"; thence South 02°35'28" West 75.42 feet; thence South 8724'32" East 2.00 feet; thence South 02°35'28" West 159.45 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 44.14 feet; thence North 81°36'58" West 7.04 feet; thence North 02°35'28" East 43.43 feet; thence North 87°24'32" West 1.50 feet; thence North 02°35'28" East 234.88 feet to the beginning of a curve concave easterly having a radius of 1,063.00 feet; thence northerly along said curve 80.38 feet through a central angle of 04°19'57" to the True Point of Beginning. Containing 2,201 square feet. PA2PTG010501\SURVEY\LEGALS122196_l 18-250-014\Legals\22196-2 PE.doc Page 1 of 2 2/15/2013 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Ps OMAS See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Daniel J. Forgey, PLS 8303 Date PA2PTG010501\ SURVEY \LEGALS\22196_118-250-014\Legais\22196-2_PE.doc Page 2 of 2 2/15/2013 EXHIBIT B2 PARCEL# TITLE AREA A P N 22196-2 ESMT 2,201 SQ. FT. 118-250-014 & 022 POB L1 POMONA STREET _� > ���_ �wk , �,._...r._ i 30' TO C W 1 ,1 s ... i LINE DATA Z 44' W I1� E BEARING DISTANCE j w4 a `1 l F.,)1 Li 581 58 26" E 154.00 I —oo' j 11 O o �I o L2 S81 °55'26"E 145.07' j Oro" J <� -.1 004 .i o L3 S12°57'58"W 77.50' 0 00N 1 0 1 I , I N c) ( 1 poi o L4 o i �� S25 44 51 W 82.07 z 'I �, 1 J I (- j 1 I:clI� N I N a cc (.3 1 o i:::, o I I I I I I. I I I I of I ra, I I •' 'i I ' I w p `�1 N t\1 1 —1 `� 1.1.1 O� N O 13_ z 0 . , () P.' O Q i- N N of 1 rot 1 vlin of N 0 1 1 col of co ulI 1 1 I f 1 1 t2 j� I �'', 111111111i111 � I111111111111� 1X 60' Miii Lc) —'J.— — ITi1i�: o ...„ j I SEE SHEET 2 z ;E FOR DETAIL• a ...., N79°02'29"W 246.82' ROUTE 91 RIVERSIDE FREEWAY 6 7 8 9 290 I LEGEND POB Indicates Point Of Beginning ROUTE 91 RIVERSIDE FREEWAY TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING ( ) Title to State I I I I Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: DATE: 10-25-11 REV. 4: 02-15-13 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santo (714)481- 8053/(714)545-8883 (Fox) 8 R I V 91 5. 4 1 2 EXHIBIT B2 PARCEL# TITLE AREA APN 22196-2 ESMT 2,201 SOFT. 118-250-014 & 022 CURVE DATA RADIUS DELTA LENGTH POB S81°58126"E 154.00' C 1 1 058.00' 04° 19'57" 80.00' 9 14' ,-----71 ._ �.._� , �..• � g C2 1063.00' 04°19'57" 80.38' � 0=67°07"13" R=29.00' ' i L=33.97' L1 0=01°31'24" r TPOB R=1063.00 ) RADIAL DATA�R2 L=28.26 BEARING R3 R1 N14°25'58"W I � 5.00' R2 N83°04'35"W 2 R3 N83°04'35"W LL 1 `� w Q Q I in =i LINE DATA z o :'� I u) �; � N BEARING DISTANCE p o� o � �� PM?. Or ° i 01 O L1 S83°04'35"E 5.00" z��� l71 P;aIC�I 7 r�,S, 'f�/31 I cw L2 S87°24'32"E 2.00' ~" -Ico N. 1 co L3 N87°24'32"W 1.50' . DOC. NO. i `- rn -o z '� o A % o O Ui U1 � z m 0 00 CO 70 I 2001 -201 233 O.R. o N w � � u-1 �; N '; N. I� A I cn W S87°24'32"E 1 � i M i of oo O i � i i ' i .50 i LEGEND S02°35'28"W POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing NO2° 35'28 E44.1 4' 43.43 I I I I I I I I I i ' I I(! I I I I ( ) Title to State N81 °36'58"W i i i i Access Prohibited 7.04' 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 9 6- 2 PERMANENT WALL FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 30 60 120 180 PREPARED BY: DATE: 10-25-11 REV. 4:02-15-13 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santa (714)4B1Ana, B05347114)5459B883 (Fax) 8 R I V 91 5.4 2 2 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22196-3 Permanent Utility Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said land; thence northerly, along the general easterly line of said land the following two (2) courses: 1) North 25°44'51" East 82.07 feet and 2) North 12°57'58" East 42.46 feet to a point thereon, said point being the True Point of Beginning; thence North 81°36'58" West 261.91 feet; thence North 02'35'28" East 10.05 feet; thence South 81°36'58" East 263.72 feet to a point on said general easterly line; thence South 12°57'58" West 10.03 feet along said general easterly line to the True Point of Beginning. Containing 2,628 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. PA2PTG010501 \SURVEY\LEGALS\22196_11.8-250-014\Legals\22196-3_PUE.doc 2/15/2013 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of 2- fs` / 3 Daniel J. Forgey, PLS 8303 Date PA2PTG010501\SURVEY\LEGALS122196_118-250-014\Legals\22196-3 PUE.doc 2/15/2013 Page 2 of 2 EXHIBIT C2 PARCEL# TITLE AREA APN 22196-3 ESMT 2628 SOFT. 118-250-014 & 022 ---- j ------ L4 ------------- ---- POMONA STREET 1 1 � ► 1 c4 LINE DATA 44 . Ii CC I Io BEARING DISTANCE 1 w III O 1 o L1 S12°57'58"W 77.50' ( co t �' M 1 L2 N25°44'51 "E 82.07' Z Oo �I ° ro CV if I �1 L3 o N12 57 58 E 42.46 j oN �� coi N L4 S81 ° 58'26"E 1 54.00' Z j II "ni 1 oN L5 NO2°35"28"E 10.05' I, i o NJj o .i� L6 S1 2°57'58"W 10.03' I I �i� o z I w t-jo' DLn II `i II O I► z 11 ►► U N � " E `? ' p -I t,.l ,= II � cv % o f w 1I co pI co °o 1 �1 , 1 I S81 ° 55'26"E 1 1 4 5.07' v) , n w - I ° 60' I -co `-, -, _ ' S81 ° 36'58I"E N81 ° 36'58"W 263.72' 261 91 ' re) °� L5 la- TPOB ii 1 1---== o Q z j / i I a (N/ a, J N79°02'29"W 246.82' POB ROUTE 91 RIVERSIDE FREEWAY 6 7 8 9 290 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning ROUTE 91 RIVERSIDE FREEWAY (R) Indicates Radial Bearing C/L STATIONING ( ) Title to State I 1 I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 3 PERMANENT UTILITY EASEMENT distances. All distances are in feet unless otherwise noted. I �� FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sonta Ana, California 92707 (714)481-8053/(714)545-8883 (Fax) DATE: 02-15-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5. 5 1 1 PS OMAS EXHIBIT `D1' LEGAL DESCRIPTION Caltrans Parcel No. 22196-4 Permanent Access Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said land; thence northerly, along the general easterly line of said land the following two (2) courses: 1) North 25°44'51 " East 82.07 feet and 2) North 12°57'58" East 42.46 feet to a point thereon; thence North 81 °36'58" West 124.08 feet to the True Point of Beginning; thence North 81 °36'58" West 36.00 feet; thence North 08°04'34" East 412.63 feet to a point on the northerly line of said land; thence South 81°58'26" East 18.00 feet along said northerly line to the northeasterly corner thereof; thence South 08°04'34" West 378.59 feet along the general easterly line of said land to an angle point therein; thence South 81 °55'26" East 18.00 feet continuing along said general easterly line to a point thereon; thence South 08°04'34" West 34.25 feet to the True Point of Beginning. Containing 8,044 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. PA2PTG010501\SURVEY\L.EGALS\22196_118-250-014\Legals\22196-4_PAE.doc 2/15/2013 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Z-/s 13 Daniel J. Forgey, PLS 8303 Date PA2PTG0105011SURVEYILEGALS\22196_118-250-014\L.egals\22196-4_PAE.doc 2/152013 Page 2 of 2 EXHIBIT D2 PARCEL# TITLE AREA APN 22196-4 ESMT 8044 SOFT. 118-250-014 & 022 L4 �� L6 POMONA STREET WI :l 1 LINE DATA Z 144 . ) Il 0 1 8' a BEARING DISTANCE i Ya i v, N ! II °>., L1 1 S1 2 57 58 W 77.50' L2 N25-044;51 i;E 52.07" Z oo J 1 ° r) N .r v L3 N12 57 58 E 42.46` 0 ON i z 0 CD N '00 N L4 S81 ° 58'26"E 1 54.00' Z_ fI v M ,� NN L5 S81 °58`26"E 1 36.00' _I j tip o - �' _ N o L6 S81 ° 58'26"E 1 8.00' I l[ N � M oo N L7 S08°04'34"W 34.25' (4 l I �I � �,? CC 1 Ct L_Dz i a — ` v) La II . .n II O 1- 0 0 tt z � 00 a oo It li v CD o I o ; co II o r ` r II -1 I► a M co S81 °55'26"E 1 45.07' 1 8 00 :. 1--- 1O v' 0_ 10, _ I O0 I a_ <L 7 1 24.08' —_— x O �f .. 60' o >L. TPOB �_'_ ( I re).�- ____ , 36.00' z " 165 N81 ° 36'58"W � n., N - N79°02'29"W 246 82' POB ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 6 7 8 9 290 I I I I I LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State ( ( ) ► Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6 0 4 PERMANENT ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (710481n 0053/(714)545-8883 (Fox) DATE: 01-23-13 REV.: 02-15-13 EA: OF54O FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5.5 1 1 PSOMAS EXHIBIT `El' LEGAL DESCRIPTION Caltrans Parcel No. 22196-5 Temporary Construction Easement APN 118-250-014 & 022 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the deed recorded May 9, 2001 as Document No. 2001-201233 of Official Records of said County, described as follows; Beginning at the northwesterly corner of said land; thence South 81'58'26" East 19.14 feet along the northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 29.00 feet, to which point a radial line bears North 14°25'58" West; thence southwesterly along said curve 17.61 feet through a central angle of 34°47'57" to the True Point of Beginning; thence South 08°21'56" West 37.89 feet; thence South 81°38'13" East 4.32 feet; thence South 08'21'47" West 51.80 feet; thence South 81 °38'13" East 1.67 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,055.00 feet, to which point a radial line bears North 85°35'05" West; thence southerly along said curve 33.59 feet through a central angle of 01°49'27"; thence South 02°35'28" West 72.42 feet; thence South 87°24'32" East 2.00 feet; thence South 02°35'28" West 162.45 feet; thence South 87°24'32" East 1.50 feet; thence South 02°35'28" West 44.45 feet; thence North 81°36'58" West 3.02 feet; thence North 02°35'28" East 44.14 feet; thence North 87°24'32" West 1.50 feet; thence North 02°35'28" East 159.45 feet; thence North 87°24'32" West 2.00 feet; thence North 02°35'28" East 75.42 feet to the beginning of a curve concave easterly having a radius of 1,058.00 feet; thence northerly along said curve 80.00 feet through a central angle of 04°19'57"; thence North 83°04'35" West 5.00 feet to the beginning of a non -tangent curve concave easterly having a radius of 1,063.00 feet, to which point a radial line bears North 83°04'35" West; thence northerly along said curve 28.26 feet through a central angle of 01 °31'24" to the beginning of a compound curve PA2PTG010501\SURVEY\LEGALS122196_118-250-014\Legals122196-5 TCE.doe 2/15/2013 Page 1 of 2 PS OMAS concave southeasterly having a radius of 29.00 feet; thence northeasterly along said curve 16.36 feet through a central angle of 32°19'16" to the True Point of Beginning. Containing 1,260 square feet. See Exhibit `E2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combinationfactor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Daniel J. Forgey, PLS 8303 Date Pa2PTG010501 \SURVEYILEGALS122196_118-250-014lLegalsl22196-5_TCE. doc 2/15/2013 Page 2 of EXHIBIT E2 PARCEL# TITLE AREA APN 22196-5 TCE 1,260 S0. FT. 118-250-014 & 022 ------- --- — ----------------- POBI POMONA STREET L1 Lu! a I LINE DATA 3 \ 44 I i BEARING DISTANCE . . 7' ` tz -� I L1 581 °58'26`"E 1 54.00' Q I I a co ', ` ,� �1 o L2 S81 ° 55`26°°E 145.07' J i Oo fM-co.:A oN L3 S12°57'S8""W 77.50' O ' o`er' C� I 1 N 4� M� Q' `�( in L4 525° 44 `51 °"W 82.07' z� Z j I .J I (� �I� 0 1 0 � Iv N y 1 I 1 �1 1 t� 1 N O� n-. 0 1_,,,1 I Z a tau j C° ? I U CI n- N \ __ V1 ..ni .,0 of o ooi : CX " q) t N I o °p 01 in cU co ^ 1 I 1 L2 v)I� c \r 0 � "T� l i f i t l I f ii t t u t t I j t i I l I I I I Sso W I 60' 0`„_ J — — o I I _ I �SEE SHEET 2 z '.' FOR DETAIL v- v M N79°02'29"W 246.82' ROUTE 91 RIVERSIDE FREEWAY 6 7 8 9 290 I I LEGEND POB Indicates Point Of Beginning ROUTE 91 RIVERSIDE FREEWAY TP06 Indicates True Point Of Beginning (R) Indicates Radial Bearing C/L STATIONING ( ) Title to State I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 5 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200Santo (714)4 1n805347114)545-8883 (Fax) DATE: 10-25-11 REV. 4: 02-15-13 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 RIV (� 91 5.4 1 2 EXHIBIT E2 PARCEL# TITLE AREA APN 22196-5 TCE 1,260 SOFT. 118-250-014 & 022 POB S81 °58 26"E 1 54.00' 19e1,4, LINE DATA TPOB x.:.: �_.._ "« ' >: A_34°47'S7" ' BEARING DISTANCE R=29.L=17.61' ( L1 S08°21'56"W 37.89' � C4 ; -I N49°13'55"W(R) L2 S81 °38'1 3"E 4.32` C3_4 L2 L3 S08°21 `47"W 51 .80' L9 L4 S81°38'13"E 1.67' _ r L5 S87°24'32"E 2.00' Q co L4 I. o L6 N81°36 58„W 3.02 o(-) z N85°35 05„Wii o L7 N87°24'32"W 2.00' N w 3.00 o N NO2°35'28"E 75.42' Q Q r,'L8 ` o L9 N83°04'35"W(R) 5.00' i� � v o N o0 r I /? �- L10 NO2°35`28` E 44.14' OU 00 --)w r�Or� L)r (), L11 N87°24'32`�W 1.50' a• 4, Nv, PARE', r � oz ANR.,S, -/}�,/3l r --1 N op L5 It RADIAL DATA �o BEARING� Z DOC. N0, 0 2001 -201 233 O.R. - R1 N14°25'58"W rso x� wv o N o (n -1 O N Z cl1 % QD ooZ; 3.00 o0 o N CURVE DATA �� 73 o ' � cp RADIUS DELTA LENGTH cri',h- C1 1 055.00' 01 °49'27" 33.59' (n o "' co C2 1058.00' 04° 19'57" 80.00' m ' . S87° 24'32"E C3 1 063.00' 01 °31'24" 28.26' N ` 7. 1 .50' - ., S81 °55'26"E 45.807x — C4 29.00' 32° 1 9'16" 1 6.36' .L11„1 S02° 35'28"W ) o ;.L104 � LEGEND 44.45' ', ii.. 11 1 1 1 1 1 1 I _ .1 1 1 I 1 1 1 1 I POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L6 ( ) Title to State i I ) ) Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 9 6- 5 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 30 60 120 180 PREPARED BY: DATE: 10-25-11 REV. 4: 02-15-13 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santa `(714)481-8053/(714)54598883 (Fax) 8 RIV 91 5.4 2 2 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 22, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 118-250-014 and 118-250-022 (CPNs 22196-1, 22196-2, 22196-3, 22196-4 and 22196-5): Maude -Corona, LLC 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner Maude -Corona, LLC c/o Leslie Maude 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Courtesy Copy Maude -Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 17th Street P.O. Box 10237 Santa Ana, CA 92711 Record Owner Dated: November 22, 2013. 17336.02100\8393268.1 ATTACHMENT 6 • • • RESOLUTION NO. 14-006 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. 117-103-021, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-103-021 (Caltrans Parcel Nos. 22258-1 and 22258-2), 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, January 8, 2014 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. 159 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions and maps of the interests 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 S. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 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 • • 160 • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission • ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 161 • • 162 • • • 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 being 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. 17336.02100\8417174.1 EXHIBIIjBTAGE 1 • • • 1 AA • • • 1 ! EXHIBIT `Al' 2 LEGAL DESCRIPTION 4 Ca'trans Parcel No. 22258-1 5 Fee acquisition 6 APN 117-103-021 7 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Quitclaim Deed recorded December 03, 2003 as Document No. 10 2003-945901 of Official Records of said County, described as follows: 11 12 Beginning at the northerly terminus of that certain course shown as 13 "South 07°17'51" West, 116.00 feet" on the Map filed in Book 61, Pages 22 to 26, 14 inclusive, of Records of Survey of said County, said course having a bearing of 15 North 08°03'57" East for the purpose of this description, said terminus also being on the 16 southerly line of the Right of Way Dedication recorded July 29, 1969 as Instrument No. 17 77095 of Official Records of said County; thence South 81°56'03" East 124.50 feet along 18 said southerly line to the True Point of Beginning; thence continuing along said 19 southerly line South 81 °56'03" East 7.44 feet to the beginning of a curve concave 20 southwesterly having a radius of 13.00 feet; thence easterly, southeasterly, and southerly 21 ! 21.20 feet along said curve and said southerly line through a central angle of 93°26'42" to 22 the easterly line of the land described in said Document No. 2003-945901 and the 23 beginning of a compound curve concave northwesterly having a radius of 300.00 feet; 24 thence along the easterly and southeasterly line of said land the following 3 courses: 25 26 1. Southerly 20.07 feet along said curve through a central angle of 03°50'02" to the 27 beginning of a compound curve concave northwesterly having a radius of 28 106.00 feet; 29 2 Southwesterly 28.56 feet along said curve through a. central angle of 15°26'18"; 30 31 MA2PTGU10501\SURVEYILEGALS122258_..APN_117-103-0211Len' s122258-1.docx Page l of 11 /21/2U 12 EXHIBI16TAGE 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS4 South 30°46'59" West 9.65 feet to the point of cusp with a curve concave northwesterly having a radius of 50.00 feet; thence leaving said southeasterly line and traveling northeasterly 8.82 feet along said curve through a central angle of 10°06'08" to the beginning of a compound curve concave westerly having a radius of 316.00 feet; thence northeasterly 44.26 feet along said curve through a central angle of 08°01'31 "; thence North 34°46'07" West 24.61 feet to the True Point of Beginning. Contains 311 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit 'A2' attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date l/--Zf l2 M:12PTG010501 kSURVEYILEGAI. S',22253_APN_117-103-0211Legals122258-Ldoex Page 2 of 2 11/21/2012 EXHIBIl1 AFF'AGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22258-1 FEE 311 SO.FT. 117-103-021 W 3RD S T a _ _ a M S81 ° 56'03"E 7.44' POB R=13 00' TPOB �\ ° \ \\,,,I--- S 81 5 6' 0 3 E 1 2 4.50 ---� /� A=9 82 6 42' S'1_Y LINE (;,,, l 50' DOC. 77095, O.R. --- 22258-1 I I I R-300.00' o o � 1 A=03° 50'02' a /I i L=20.07' R=106.00' SEE SHEET 2� \ A=15°26'18" POR, OF LOTS -u 8LOCI< `f' in SJUT1-1 .R1 VERS1 DF c) ' N1,D, 9l3 (,-3 z ,/ n- 15 L=28.56' I DETAIL A 1 � J � /S30°46'59"W / ; `� ' 9.6 5' T01.AINS1 Tr i (s.,D, Co.) S00°46'59"YV i 41.99' DOC. NO.2003-945901,0.R. l I/4,9 FS 11 1 7- 7 03-0281 I ` S 990 'h ' cb• O 06 ., 0�,, _ oo O• A • 9 F 40 ^)' c. 9 j (�J ;' ,(1/ . g i s,, LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 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 to obtain ground 2 2 2 5 8- 1 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. ( 1 FEET 0 20 40 80 120 PREPARED BY: DATE: 02-29-12 REV. 2: 11-21-12 EA:OF540 FA#: 'bution Centre Drive. Ste. 700 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Sontc ono. Caiilornia 9,707 (774i751473 (7I`)545-U63 (yeti 8 R I V 91 6.3 1 2 EXHIBIlitSTAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 22258-1 FEE 311 SOFT. 117-103-021 • S81 ° 56'03"E 7.44' 2.2258-1 TPOB S81 ° 56103"E 124.50' -,\ A=93626'42" '-j - L=21.20' S'LY LINE DOC. 77095,0.R. N34°46'07"W \ 578°29'21"E PCC 2 4.61 ' ` _, --- S77°20'40"E (R) R=300.00' A=3°50'02" R=316.00' 1 / L=20.07' 0=8°01'31" L=44.26' J S74°39'19"E PCC -- 1 S69°19'09'E PCC R=106.00' A=1 5°26 1 8" POR. Jr LOTS 6- 1 L=28.56' 8LOCX 16 l \ / SOUTH R 1 VERS 1 DE 70liM--)1 TE: )•9,B, 9./J (5.Ei Oa,) R=50.00' III A =10° 06'0811�/� DOC. NO.2003-945901,O.R. L=8.82 -� S30°46'59"W / 9.65' It / rn\ :i ,``' 0) o- • o � ^O \ 9 '"-- `'' DETAIL"A" i� LEGEND POB Indicates Point Of Beginning TPOB indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title -to Stote 1111 Access Prohibited NOTES �p Coordinates and bearings are on 2 2 2 5 ®- 1 CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide FEE ACQUISITION by 0.99997476 to obtain ground distances. All distances are in feet��� unless otherwise noted. FEET 0 10 20 40 60 PREPARED BY: DATE: 11-03-11 REV. 2: 11-21-12 EA: OF540 FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 1'u"on Cenirs Drive, Ste. 2�JC: g R I V 9 1 6. 3 2 2 Sonic A„oColifcr'in 2707 _ (714051-i373,(714 45-£3n= (rax) EXHIBIT ASPAGE 5 • • 1 EXHIBIT `131' 2 LEGAL DESCRIPTION 4 Caltrans Parcel No. 22258-2 5 Temporary Construction Easement 6 APN 117-103-021 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Quitclaim Deed recorded December 03, 2003 as Document No. l0 2003-945901 of Official Records of said County, described as follows: 11 12 Beginning at the northerly terminus of that certain course shown as 13 "South 07°17'51" West, 116.00 feet" on the Map filed. in Book 61, Pages 22 to 26, 14 inclusive, of Records of Survey of said County, said course having a bearing of l 5 North 08°03'57" East for the purpose of this description, said terminus also being on the 16 southerly line of the Right of Way Dedication recorded July 29, 1969 as Instrument No. 17 77095 of Official Records of said County; thence South 81°56'03" East 124.50 feet along 18 said southerly line; thence South. 34°46'07" East 16.07 feet to the True Point of 19 Beginning; thence continuing South 34°46'07" East 8.54 feet to the beginning of a non- 20 tangent curve concave northwesterly having a radius of 316.00 feet, a radial line to said 21 beginning bears South 77°20'40" East; thence southerly 44.26 feet along said curve 22 through a central angle of 08°01'31" to the beginning of a compound curve concave 23 northwesterly having a radius of 50.00 feet; thence southwesterly 8.82 feet along said 24 curve through a central angle of 10°06'08" to the southeasterly line of the land described 25 in said Document No. 2003-945901.; thence along said southeasterly line South 30°46'59" 26 West 25.20 feet; thence North 58°25'28" West 5.46 feet to the beginning of a non -tangent 27 curve concave northwesterly having a radius of 195.00 feet, a radial line to said 28 beginning bears South 56°57'19" East; thence northeasterly 82.11 feet along said curve 29 through a central angle of 24°07'35" to the True Point of Beginning. 30 31. Contains 463 square feet. M:12PTGO105011SURVLYNLLGALS12225S_1YN_117-103-021\Legals122258-2.docx Page 1 (02 11i21/2012 EXHIBI1189='AGE 6 PS I 2 The distances described herein are grid distances and arc based on. California Coordinate 3 ! System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 4 grid distances by the mean combination factor of the courses being described. The mean 5 ! combination factor for this conversion is 0.99997476. 6 7 See Exhibit `A2' attached hereto and made apart hereof. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '7? 23 24 25 26 27 28 29 30 31 Prepared under the direction of Z.:.___F46Z(..,.% p-2/v/1_ Brian E. Bullock, PLS 5260 Date 1\4:UPTG010501\SURVEY\L1 GALS‘22258_APh_11 7-103-0211Lega1s122258-2.docx Page 2 of 11/212012 EXHIB1117HPAGE 7 lEXHIBIT B2 PARCEL# TITLE AREA A P N 22258-2 TCE 463 SOFT, 117-103-021 1 W 3RD S T o POB S81 ° 56'03"E 7.44' In S81 °56'03"E 1 24.50' R=1 3b00', /�=93 26 42 L=21 ,20' I STY LINE ` TPOB DOC. 77095, O.R.--: 50' 22258-2 ` R=300.00' o , o :: A=3° 50'02" L=20.07' SEE SHEET 2 PJR, Jr LOTS !� 21 JO;< i' r0 SJJ7r1 f{1 Ir r{S l rl_ ° I�JI,2, 9l /ry C) � DETAIL "A" I iR=15°26'1 6- I I J L=28.56' J b l I 530°46'59"W 9.65' TOWNS]7E 11530° 46'59"W i / iJ�D� JD � J \ j. . 25.20' l S30°46'59"W DOC. NO.2003-945901 ,O.R. 16.79' I 7 7 7-103-028 �Rte. /jam S 9 9° 99' p 09 ' �b��0 / 6 . i` 0 ,, : 01 0 9 F h ^)' C. .,� 9, �.Q� �/� , CO ° 79 is v �P / �.i s�_ / LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing \ C ) Title to State I I I I Access Prohibited NOTES _ Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 5' 8® 2 TEMPORARY CONSTRUCTION EASEMENT distances. Ail distances are in feet unless otherwise noted. =EET 0 20 40 80 120 PREPARED BY: DATE: 11-03-11 REV. 2: 11-21-12 EA: OF540 FM*: 3 ,'u+tan Centre Drive, Ste. 206 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santo Ana, Caiitornia 92707 i7?;:751-7377/(714)54-aS83 (Pax) 8 P 1 V 9 1 6. 3 1 2 EXHIBI-MPAGE 8 EXHIBIT 132 PARCEL* TITLE AREA APN 22258-2 TCE 463 SOFT. 117-103-021 CURB DATA LINE DELTAIt DELTA RADIUS LENGTH BEARING DISTANCE C1 A=8°01'31" R=316.00' L=44.26' L1 S34°46'07"E 8.54' C2 A=10°06'08" R=50.00' L=8.82' S81 °56'03"E 7.44' S81°56'03"E 124.50' R=13,00' „ _ A=93 2G 42 L=21.20 S'LY LINE DOC. 77095.0.R. / \ S34°46'07"E \ S78°29'21"E PCC 16.07' L1 TPOB S81°04'54"E (R) l ' R=300.00' i A=3° 50'02" S77°20'40"E (R)-I L=20.07' ,. CO p n S74 39 19 E PCC 22258-2 , ° FOR .. Or LOTS 6 - 15 � aL O01< 1 6 / ^� SOUTH RI \JE S]Dr TO1)11NS1TF. � Q/. 1<Il,a. 9J (S,S, Co,) N 's:r- t 0I DOC. NO.2003-945901 ,O.R. a� •#w 6.1 S69°19109"E PCC r �r R=106.00 A= 86'18" L=28.5G" '. III S30°46'59"W 9.65' c� i S56°57'19"E (R) ! S30°46'59"W '�_� - 2 5.2 0' N58°25"28"W 5.46' DETAIL "A" S30° 46'59"W LEGEND 16.79' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Beoring ( ) Title to State 1 1 1 I Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distonces. Divide by 0.99997476 to obtoin ground 2 2 2 5 $ _ 2 TEA,1PORARY CONSTRUCTION EASEMENT distances. All distances ore in feet unless otherwise noted. — 1 --� FEET 0 10 20 40 60 • PREPARED BY: DATE: 11-03-11 REV. 2:11-21-12 EA:OF540 FA#: PSOMAS 3 Hutton Centre uri,e, >-e. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS S-:nta An;, Co1iforn:a 52707 i*.a±:s,-7373.17i+lsas-88ii3 Fax) 8 R I V 91 6. 3 2 2 EXHIBIlMPAGE 9 • • • Circle K Stores, Inc. 117-103-021 FEE 311 SF (Total Parcel Area 18,943 SF) Temporary Construction Easement 463 SF NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: November 22, 2013. 17336.02100\8393268.1 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the portion of the property being 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. 17336.02100\8417174.1 1 EXHIBIT `Al' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22258-1. 5 Fee acquisition 6 APN 117-103-021 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Quitclaim Deed recorded December 03, 2003 as Document No. to 2003-945901 of Official Records of said County, described as follows: 11 12 Beginning at the northerly terminus of that certain course shown as 13 "South 07°17'51" West, 116.00 feet" on the Map filed in Book 61, Pages 22 to 26, 14 inclusive, of Records of Survey of said County, said course having a bearing of 15 North 08°03'57" East for the purpose of this description, said terminus also being on the 16 southerly line of the Right of Way Dedication recorded July 29, 1969 as Instrument No. 17 77095 of Official Records of said County; thence South 81°56'03" East 124.50 feet along 18 said southerly line to the True Point of Beginning; thence continuing along said 19 ! southerly line South 81 °56'03" East 7.44 feet to the beginning of a curve concave 20 southwesterly having a radius of 13.00 feet; thence easterly, southeasterly, and southerly 21 21.20 feet along said curve and said southerly line through a central angle of 93°26'42" to 22 the easterly line of the land described in said Document No. 2003-945901 and the 23 beginning of a compound curve concave northwesterly having a radius of 300.00 feet; 24 thence along the easterly and southeasterly line of said land the following 3 courses: 25 26 1. Southerly 20.07 :feet along said curve through a central angle of 03°50'02" to the 27 beginning of a compound curve concave northwesterly having a radius of 28 106.00 feet; 29 2 Southwesterly 28.56 feet along said curve through a central angle of 15°26'18"; 30 31 MA2PTGO10501`�SURVEY\LEGALS122258_APN_I17-103-0211Le2a1s122258-1.docx Page 1 of 11/21/2012 South 30°46'59" West 9.65 feet to the point of cusp with a curve concave northwesterly having a radius of 50.00 feet; thence leaving said southeasterly line and traveling northeasterly 8.82 feet along said curve through a central angle of 10°06'08" to the beginning of a compound curve concave westerly having a radius of 316.00 feet; thence northeasterly 44.26 feet along said curve through a central angle of 08°01'31 "; thence North 34°46'07" West 24.61 feet to the True Point of Beginning. Contains 311 square feet. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `A2' attached hereto and made apart hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date M:\2PTG010501\SURVEY\LEGALS\22253_APN_117-103-021\Legals\22258-1.docx Page 2 of 2 11121/2012 EXHIBIT A2 PARCEL* TITLE AREA A P N 22258-1 FEE 311 SO.FT. 117-103-021 _ W 3RD S T a _ M S81 ° 56103"E 7.44' POB TPOB R=1 3g00', „ r-- S 81 °56'03" E 1 24.50' m,- . A=93 26 42 L=21 .2..0' S'L..Y I....INE�.. DOC. 77095, O.R.---�"°_ o ,- 50' R= I I R=300.00' I L =03° 50'02 /t i 1 L=20.07' I I R=106.00' SEE SHEET 2, , a=1 5°26; 18" ' POR. OF LOTS � 8L oci< Lc' '''''' r")z� SOUTH RIVF:R,S1Dr � N1.B, 912 0 `` 6- Ij DETAIL r1Ar1 � � J L=28.56 J 1 �J �I►./S30°46'59"W �' 9.65, TOWNS I-fr f; F (S. B., Go. i S00°46'59"W 41.99' DOC. N0.2003-945901 ,0.R. 1r4,53 117-103-0281 i s 99 ° h 9q °' 09' , 06, ; O,>, obc �43 9 r�� ! ,; /(1,,\ ° ° i�9 ' ''� ii v PN s,> LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I i l i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 5 8- 1 FEE ACOUISITION distances. All distances ore in feet unless otherwise noted. I /' I FEET 0 20 40 80 120 PREPARED BY: PSOMAS 3 !lut+an Centre Drive. stet. [Gq 'onfo Ana. California 9270,7 (7141"751-:373/(714)545-8883 (rex) DATE: 02-29-12 REV. 2: 11-21-12 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS ��77 8 I� R 1 U 91 6.3 1 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22258-1 FEE 311 SOFT, 117-103-021 S81 ° 56'03"E 7.44' TPOB S81 ° 56'03"E R=13,001 124,50' ...... % .... STY Y LINE _.�,�/ DOC. 77095,0.R. N34°46'07"W ' a=93 26 42 L=21 .20` � f S78°29'21 "E PCC 2 4.61 S77°20'40"E (R) R=300.00' a=3°50'02" L=20.07' R=316.00' A=8°01'31" 574°39'19"F PCC L=44.26' S69° 19'09"E PCC R=1 06.00' A=15 26 18' POR, Jr LOTS �- 15 L=28.56' 8L001S 167 SOUTH RIVERSIDE TOWNSITr m e, 91J 1 S, EL ✓0 R=50,00 A=10°06'08" DOC. N0.2003-945901 ,0.R. L=8.82 / ? 0 ,� , rn <SD rn C'• \ P ° .` `o P S30°46'59"W 9.65' TAI DE "A" L LEGEND --/ POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( Title to State _.,) ) I I i Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6, Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 5 8 -.1 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. FEET 0 10 20 40 60 PREPARED BY: PSOMAS 3 Hutton Cen+re Drive, :it N. 200 Song; Ann, Coliforna i?Z i07 (714)751-737.3i(714)545-827=. ,Fax) DATE: 11-03-11 REV. 2: 11-21-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 6. 3 2 2 1 EXHIBIT `BF 2 LEGAL DESCRIPTION 4 Caltrans Parcel No. 22258-2 5 j Temnorary Construction Easement 6 APN 117-103-021 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described in the Quitclaim Deed recorded December 03, 2003 as Document No. 10 2003-945901 of Official Records of said County, described as follows: 11 12 Beginning at the northerly terminus of that certain course shown as 13 "South 07° 17' 51" West, 116.00 feet" on the Map filed in Book 61, Pages 22 to 26, 14 inclusive, of Records of Survey of said County, said course having a bearing of 15 North 08°03'57" East for the purpose of this description, said terminus also being on the 16 southerly line of the Right of Way Dedication recorded July 29, 1969 as Instrument No. 17 77095 of Official Records of said County; thence South 81 °56'03" East 124.50 feet along 18 said southerly line; thence South 34°46'07" East 16.07 feet to the True Point of 19 Beginning; thence continuing South 34°46'07" East 8.54 feet to the beginning of a non- 20 tangent curve concave northwesterly having a radius of 316.00 feet, a radial line to said 21 beginning bears South 77°20'40" East; thence southerly 44.26 feet along said curve 22 through a central angle of 08°01'31" to the beginning of a compound curve concave 23 northwesterly having a radius of 50.00 feet; thence southwesterly 8.82 feet along said 24 curve through a central angle of 10'06'08" to the southeasterly line of the land described 25 in said Document No. 2003-945901; thence along said southeasterly line South 30°46'59" 26 West 25.20 feet; thence North 58°25'28" West 5.46 feet to the beginning of a non -tangent 27 curve concave northwesterly having a radius of 195.00 feet, a radial line to said 28 beginning bears South 56°57'19" East; thence northeasterly 82.11 feet along said curve 29 through a central angle of24°07'35" to the True Point of Beginning. 30 31 Contains 463 square feet. MA2PTG010501 \SUR VEY\LEGALS\2225 8_APN_117-103-021 \Legals\22258-2.docx 11/21./2012 Page 1 of 2 1 3 4 5 6 The distances described herein are grid distances and are based on. California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 099997476. 7 See Exhibit `A2' attached hereto and made apart hereof: 8 9 ( Prepared under the direction of 10 12 � r 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Brian E. Bullock, PLS 5260 Date l 2% /2. MA2PTG01.0501\SUKVEYTEGALS\22258_APN_1I7-103-0211Legais\22253-2.docx Page 2 of 11/21/2012 EXHIBIT B2 PARCEL# TITLE AREA APN 22258-2 TCE 463 SOFT. 117-103-021 W 3RD S T o POB S81 °56`03"E 7.44' rn R=13600' „ S81°56'03"E 124.50' L= 26 42 L=21.20' TPOB r� S'LY LINE ` 50' �J DOC. 77095, O.R.-----.' - '� R=300.00' o : A=3° 50'02" (.0 ; SEE SHEET 2 L=20.07 83 f R=15°26'6.1 „ A=1268 DETAIL A„ I-10R, Or L 0 T S w 6- 15 I L=28.56' 10Ci< in J 6 J ' S30°46'59"W 9.65 i r SOUTH R J R ER&', l 0E, o; TOI>>Ji\IS I TFE S 30° 46'59"W / 1\.J1.8, 91E3 z ( S , 8 ,, CO, ) , 25.20' S30°46'59"W DOC. N0.2003-945901 ,O.R. `-'i 6.79' �1 ti 11 7-103-028 RjFs , p° pp ° 05,b 9 J , cb O Q6 - Q,o 0 �9�� Fi `'�A'°P o �/ � _ 7� Qti s,, LEGEND POD Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 11 11 Access Prohibited NOTES Coordinates and bearings are on 2 2 2 5 - 2 CCS 1983(2007.00) 7one 6. Distances and stationing ore grid distances. Divide TEMPORARY CONSTRUCTION EASEMENT by 0.99997476 to obtain ground distances. All distances are in -Feet 120 unless otherwise noted. FEET 0 20 40 80 PREPARED BY: DATE: 11-03-11 REV. 2: 11-21-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hu+fcn Centre Drive, Ste. 200 'unto Anc. Cc i,o nic 92707 p R I V 91 6° 3 1 2 (714)751-7373/(714154E-8P,83 Unx) U EXHIBIT B2 PARCEL* TITLE AREA APN 22258-2 TCE 963 SOFT. 117-103-021 CURB DATA LINE DELTA DELTA RADIUS LENGTH BEARING DISTANCE C1 A=8°01'31" R=316.00' L=44.26' L1 S34°96'07"C 8.54' C2 A=10°06'08" R=50.00' L=8.82' S81 ° 56'03"E 7.44' S81 ° 56'03"E 1 24.50' R=1 3b00' 8=93 26 42 L=21 .20' S'LY LINE DOC. 77095,0.R. S34°46`07"E S78°29'21"E PCC 16.07' yL1 TPOB S81 °04'54"E (R) R=300.00' A=3° 50'02" S77°20'40"E (R)�L=20.07' oa 1f' S74°39'19"E PCC POR . Jr LDTS 6•- 15 _ �LDCIC I6l 'n SOUTH RIVE'RSIDr TOWNS—ITE o'. 1!Il,2 9/9 (S �., Co. ) 0 � N ii DOC. NO.2003-945901,O.R. Q Iv '` 0 S69° 1 9'09"E PCC 0to f � ) i c� R=106.00' =1 5°26'1 8" L-28.56' — r S30°46'59111 9.65' � r�i S56°57119"E (R) /i � ( S30°46'59"1,11 ``----.—_ t: N58°25'2811/ 5.46' 25.20' " DETAIL A" S30°46'59"W LEGEND 16.79' POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing (__ ) Title to S-hate 1111 Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 8 - 2 TEMPORARY CONSTRUCTION EASEMENT distances. All distances are in feet unless otherwise noted. FEET o 10 20 40 60 PREPARED BY: PSOMAS 3 Hi.ittan Centre Dri•,e, Ste. 200 Santa Ana. California 92707 (7'4)751-7373/(714i5.15-8883 (Pax) DATE: 11-03-11 REV. 2:11-21-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 �� 1 ,� 91 6.3 2 2 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 22, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 117-103-021 (CPNs 22258-1 and 22258-2): BNY Western Trust Company 1500 N. Priest Drive Tempe, AZ 85281 Possible Ownership Interest Circle K Stores, Inc. 225 E. Rincon Street, Suite 100 Corona, CA 92879 Record Owner Circle K Stores, Inc. 304 Main Corona, CA 92882 Record Owner Dated: November 22, 2013. Frances White 17336.02100\8393268.1 ATTACHMENT 7 RESOLUTION NO. 14-007 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A TEMPORARY ACCESS EASEMENT INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-250- 020, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a temporary access easement interest in a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-250-020 (Caltrans Parcel No. 22942-1), 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, January 8, 2014 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 whosename 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. 174 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definition, description and map of the interest 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 be required in connection therewith. Legal counsel is further authorized to take such steps as may be • 17; • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 176 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 for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constricted, 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 constriction 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. EXHIBITAsPAGE 1 5 6 7 8 AS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22942-1 is Temporary Access .Easement APN 118-250-020 ii �f + In the City of Corona, County of Riverside, State of California, being a portion of the I 9 land described in the Grant Deed recorded :May 9, 2001 as Document. No. 2001-201211 ii i o of Official Records of said County, described as follows; 11 12 Beginning at the northwesterly corner of said land; thence South 81 °58'26" East 13 it 18.00 feet along the northerly line of said land to a point thereon; thence i 14 ;i South 08°04'34" West 378.60 feet to a point on the southerly line of said land; thence I 15 North 81 °55'26" West 18.00 feet along said southerly line to the southwesterly comer lb# thereof; thence North 08°04'34" East 378.59 feet along the westerly line of said land to 17 �! the Point of Beginning. 18 19 20 Containing'6,815 square feet. 21. II See .Exhibit A2' attached hereto and made. a part hereof. 22 {� 23 The distances described herein are grid distances and are based on California Coordinate I' 24 {' System of 1983, Zone 6, 2007.00 epoch. Ground distances' maybe obtained by dividing 25 I gid distances by the mean combination factor of the courses being described. The mean 26 combination factor for this conversion is 099997476. 27 -,g 29 30 31 MA2PTG010501'SUKVEY;LEGALS 122942 _APN_118-250-020Tegals‘22442-1 TAE.doc 8/20/2013 Pave 1 of 2 EXHIBITIAtaPAGE 2 1 2 Prepared under the direction of 5 c .rc L 5.,4 - 21 Wi3 6 Jeremy L. Evans, PLS 5282 Date 7 i 9 10 11 12 13 14 15 16 17 18 19 20 21 _77 GJ 24 25 26 27 28 29 30 31 NIA2PTG01030I \SURV El' \LEGALS%22942 _ APN _ I 18-250-020\Leaalst22942- I _TAE.doc 8;2012013 V No, 5282 Ev. 12/31 /13 1;1'l Page 2 of 2 EXHIBITA0PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22942-1 TAE 6815 SO. ET, 1 1 8-250`020- - - - i 1 w y ' Z 44 POB S81 d58'26"E 188 4 • -- - - --- POMONA STREET _ _ . _ _ __ ' 1 � `i o t i t t t. t t t t ern: +K' � --- �_.' to c� tC, 1, 1z±' o i 1 to N � 0" o �, o f j P r1, rlr PARC 1 3 _ R,S, 1161�1 W I Q1 Z I _I I o U I I � j 1 (-1 1 �..- �- ' 1 --....1.,, z, 0:: C) o z L-L1 --10 o v, i x j IT w 1 t 1 i1 o ti N 16 it co �� ii it t - it � - Li 11 '� t� __. `' it 1 it u? i 11 � . it 'T I ►t c\1 i. i i 11 1 ii -1 tl tt S) � co- 1` ' r �` Qa 'c c° {, t r- —� 18' o f re-)1 � I .—._ 1 I i j o I 1 M I �, r- 0 1 to i in CV 1 , I CO 1 II ti' uI 1 I �� 7 a up co*N f•.. r> `r' c � 00 o ix) 1 145.07 N 81 ° ru, 0 O r- z r- , N 0 O n 1 O 11 -3 7 7 8-250-028 11101 Itr, �` = i 5 �' 2 ._ �� ----�-- ,at-7- , 4 tI j ,d r t 1 , 91 8 f ;� j I _ 1 I C % Qin 1 `L 7 7 8-250-027 _L._._---....__ ROUTE ? 1 2 + _._.-----.. RIVERSIDE FREEWAY 9 290 1+ e1 ROUTE 91 RIVERSIDE FREEWAY LEGEND PO8 Indicates (R) Indicates Point Of Beginning Radius Bearing to State- Prohibited CIL STATIONING ( ) Title i 1 i 1 .Access NOTES FEE; 2 TEMPORARY ACCESS F"ASEMENP coordinates n_nd ��eorings ore on c.cS 1983(2007.0) Zone 6. Distances and s atian:ing are grid distances. Divide by 0.99991416 to obtain ground distances. Ail distances are in feet unless otherwise rioted. 0 30 100 200 300 PREPARED BY: DATE: 02-15-13 REV,1: 08-19-13 EA`. OF54- : jDISTRICT COUNTY ROUTE SHEET PM I SHEET NO. TOTAL SHEETS i i _. j EXHIBITA2PAGE 4 (AS t061179 eaad laDied le401) AS ST8/9 luawase3 ssaDDd kleaodwal • • 1\ — C.acuca".¢.. ('• N N o, l y -- oo-T AMENDED NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8467524.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December`", 2013. 17336.02100\8467524.1 BEST BEST :.J ' IEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Temporary Access Easement" refers to a temporary easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. 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\8088274.2 S a AS EXHIBIT `Al' LEGAL DESCRIPTION Ca'trans Parcel No. 22942-1 5 II Temporary Access Easement 6 it APN 118-250-020 7 8 Tn the City of Corona, County of Riverside, State of California, being a portion of the 9 ': land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201211 to of Official Records of said County, described as follows: It 12 Beginning at the northwesterly corner of said land; thence South 81°58'26" East 13 18.00 feet along the northerly line of said land to a point thereon; thence i 14 South 08°04'34" West 378.60 feet to a point on the southerly line of said land; thence i 15 I North 81 °55'26" West 18.00 feet along said southerly line to the southwesterly corner 16 thereof; thence North 08°04'34" East 378.59 feet along the westerly line of said land to 17 the Point of Beginning. �i 18 19 Containing 6,815 square feet, 20 21 See Exhibit 'A2' attached hereto and made a part hereof. 22 r. 23 The distances described herein are grid distances and are based on California Coordinate 24 ! System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 25 grid distances by the mean combination factor of the courses being described. The mean 26 combination factor for this conversion is 0.99997476. 27 8 29 30 31 1\4:2PTG01050I\SI RVEYTEGALS\22942 _ 1PN_118 250-020Tegals\22942-IJAE.doe 8/20/2013 Page 1 of 2 PS :+ AS 2 Prepared under the direction of Jeremy' L. Evans, PLS 5282 Date 12PTG0105011SURVEY\LEGALS'22942_APiN_118-250-020\Legal s\22942-1_TAE.doe 8/20/201 w Page 2 of 2 EXHIBIT A2 PARCELlt TITLE AREA A P N 22942-1 TAE 6815 SQ. FT. 118-250-020 I Ld 44' Z POB S81 58'26 E ',QE1,461 P POMONA STREET ______ 'a- i ,01 1 1 i 1 i 'I'm. tin, i ' icc) I-- ire) 1 tui . i'`r irn I- . _ TSC O. 10 Ico c,, j 10 c\1 1Z 0 1 10 , 0 in . . -ow- . I ; c° -- -r— — — r_ 1 7 71-11 Lk! 0 , .-1 ' 18' <-1( I 0 I I1 -I o re-) 1 I l i I to c\I 0 i cm in c\J i oo — —Li , _ k .?, g i POR, JrPARCEL 3 tiro, . LLI Q Z —1 0 U Z --I ui ir. -,, 1 ,... cc , cc I 0 0 :-.' I ijjj) 1-- . 0 I 0_ — , 0 >: al 1 'x . a_ 1 60' . 1 ! .__... i o 1 c) 0 u-.) 6 N i 11 cx) 11 — 11 i t l i— 1. N -,1) I 7.1- IL_ __ 11 , 1 11 op 1 11 1 tv,' II 11 „ 1 1 11 c\i i 11c., II _1I I II al I L.) 11. Cr., 1 -cr. 1 0-, col ro 1 • cs) 1 • t '33 i r— 1 rr) , i , 3: 1- -q- rn 1 ' ( a- 0 00 0 1 u) , ,, , , ° CL . CO 0 . , Pr) Z ,_ -0 . C\J ' ,a- (..i ,--- 0 0 liw sy) CJ (\it 0 ar 0 - ' CV 178-250-028 _.....____ 2 .....- ---145.07' --IN81°55'26"W--r in I — w Li_ o 1-1 _....1.__. 1 1 il 1-1 1 _ _ _ 6 ' I Df. , .. 0 li . _____________ L.._ ROUTE 91 RIVERSIDE FREEWAY 7 8 9 290 , 1 1 8-250-027 1 \ ROUTE 91 RIVERSIDE FREEWAY LEGEND PUB Indicates (R) Indicates Point Of Beginning Radial Bearing to State Prohibited C/L STATIONING ( ) Title 1 i 1 i Access NOTES FEET 22942-1 TEMPORARY ACCESS EASEMENT ... KO Coordinates cnd bearings are on CCS '1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.999974(6 to obtain ground distances. All distances are in feet unless otherwise noted. 0 50 100 200 PREPARED BY: ?SOMA ,,'.,‘'‘.':!".•_='-.1',':';' F'::•:.?.-'s,',.,: DATE: 02-15-13 REV.1: 08-19-13 EA: OF521404: DISTRICT COUNTY ROUTE SHEET PM 'SHEET NO. TOTAL SHEETS 1 1 1 PROOF OF MAILING NOTICE I, Mandy Villareal, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December a 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-250-020 (CPN 22942-1): Maude -Corona, LLC c/o Leslie Maude 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner Maude -Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 17`h Street P. O. Box 10237 Santa Ana, CA 92711-0237 Record Owner John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Dated: December 1 0, 2013. 17336.02100\8467524.1 Courtesy Copy Mdy Villareal NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing, ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: November 22, 2013. BEST BEST & KRIEGER LLP B v: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8393268.1 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 Access Easement" refers to a permanent easement for right of way in favor of RCTC, its successors and assigns, together with the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access facilities and/or construction sites owned by RCTC, the City of Corona or Caltrans, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. RCTC shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. The existing ground elevations upon completion of construction shall not be further increased or decreased without the prior written consent of RCTC. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8088274.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22942-1 Permanent Access Easement APN 118-250-020 In the City of Corona, County of Riverside, State of California, being a portion of the land described in the Grant Deed recorded May 9, 2001 as Document No. 2001-201211 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said land; thence South 81°58'26" East 18.00 feet along the northerly line of said land to a point thereon; thence South 08°04'34" West 378.60 feet to a point on the southerly line of said land; thence North 81°55'26" West 18.00 feet along said southerly line to the southwesterly corner thereof; thence North 08°04'34" East 378.59 feet along the westerly line of said land to the Point of Beginning. Containing 6,815 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of 2•15"--f3 Daniel J. Forgey, PLS 8303 Date PA2PTG010501 \ SURVEY \LEGALS\22942 _APN_118-250-020\Legals\22942-12AE.doc 2/15/2013 Page 1 of 1 EXHIBIT A2 PARCEL# TITLE AREA APN 22942-1 ESMT 6815 SQ. FT. 118-250-020 ----------------------------------------- j POB S81 ° 58'26"E ------NA -- - ---- - POMONA STREET 1°E�6e j Wj Z 44' I � 1- �a.s-- . c� O W I II O i I ) 1 8' ►— z i ---11 OZ '- J I I In Ili N i_ , Il i v) M I 1� i i Cr) III iw` M O r4j POR.. or PARCEL 3 11 � ) � - O .- � R..S.. 46/31 �j ,O v v I)'r): FYI`— o C\1 u co iZ. o (1 i 18-250-028 1 NI I'. cc,ir 0 I 0 Z Lu �--� 1 cn Mill i 1 a:O it (NI I II 11 I N 11 LLl O ( U , , Lam' O , v) O O N , . in N —� � �e � 1- O I o_ 1 z :� �148.0�7,,_ ram. I 0... N , °55'26"WI x j 0 )) i -1 i i i i )rii))N81 ) _— w , w 1 60' 11, 1 0 CO — — —— - n ► i)--___-_- I I _,_____ _'- [1, j /18-250-027 ROUTE 91 RIVERSIDE FREEWAY 6 7 8 9 290 1 2 i I LEGEND POB Indicates Point Of Beginning (R) Indicates ROUTE 91 RIVERSIDE FREEWAY Radial Bearing C/L STATIONING ( )Title to State 11 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 9 4 2- 1 PERMANENT ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo 14)481Ana, 80534714)545-8883 (Fax) DATE: 02-15-13 REV.: EA: OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 5. 5 1 1 PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 22, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 118-250-020 (CPN 22942-1): Maude -Corona, LLC c/o Leslie Maude 18362 Hillcrest Avenue Villa Park, CA 92861 Record Owner Maude -Corona, LLC c/o John D. McGuire, Esq. McGuire & Walker 1820 East 1761 Street P. O. Box 10237 Santa Ana, CA 92711-0237 Record Owner John Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Dated: November 22, 2013. Courtesy Copy Frances White 17336.02100\8393268.1 ATTACHMENT 8 RESOLUTION NO. 14-008 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN A PORTION 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 a portion of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 117-114-012 (Caltrans Parcel No. 23171-1 and 23171-2), 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, January 8, 2014 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. 185 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, descriptions and maps of the interests 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 be required in connection therewith. Legal counsel is further authorized to take such steps as may be • • • 1RA • 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 8th day of January, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 187 • 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 being 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. 17336.02100\8469778.1 EXH I BITA9 PAGE 1 1 2 3 4 5 6 8 9 10 11 1.2 f I EXHIBIT `Al' LEGAL DESCRIPTION Ca'trans Parcel No. 23171-1 Fee Acquisition Portion of APN 117-114-012 In the City of Corona, County of Riverside, State of California, being a portion of the land lying within Main Street as said street is shown on that certain map filed in Book 9 of Maps, Page 8, San Bernardino County Records, described as follows: Beginning at the northwesterly coiner of L,ot 13 of Block 166 as said lot is shown on said 13 map; thence North 81 °56'1.4" West 27.16 feet along the westerly prolongation of the i 14 {1 northerly line of said lot to a point thereon, said point being the True Point of l 15 Beginning; thence North 81 °56' 14" West 7.91 feet continuing along said westerly li 16 prolongation to a point on the general easterly line of the land described in that certain is 17 j Deed recorded December 1, 1970 as Instrument No. 120461 of Official Records of 18 Riverside County, said point being the beginning of a non -tangent curve concave 19 northwesterly having a radius of 400.00 feet, to which point a radial line bears South 20 ' 57°45'37" East; thence southwesterly along said general easterly line and said curve 21 33.39 feet through a central angle of 04°46'57" to the intersection of said general easterly 22 II line with the centerline of said Main Street; thence South 08'03'03" West 15.76 feet 23 11 along said centerline to a point thereon, said point being the beginning of a non -tangent 24 11 curve concave northwesterly having a radius of 427.00 feet, to which point a radial line Ii 25 ! bears South 51 °55'20" East; thence northeasterly along said curve 51.04 feet through a 26 j central angle of 06°50'56" to the True Point of beginning. 27 11 78 2q Containing 316 square feet. 30 j See Exhibit `A2' attached hereto and made a part hereof. i 31 1! P:QPTG010501`:SURVEY\Ll GALS123171 APN I17-114-012tLeoals`23. 71-l-Fee. doe 5:972013 - Page 1 of 2 EXHIBIT1A1PAGE 2 PS AS 1 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 3 grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 7 8 9 10 11 ij Brian E. Bullock, PLS 5260 12 1.3 Prepared under the direction of 14 15 16 17 18 19 20 22 23 24 25 26 27 28 j 29 (f 30 31 . =a9-/3 Date P:\2PTG010501'\SU2VG ALEGAL,S123171_APN_117-114-012\Legals123171-1-Fee.doe S;9/2013 Page 2 of 2 EXHIBITA2PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 23171-1 FEE 316 SOFT. POR. OF 117-114-012 r / IN / �✓ 117-114-011 557°45'37"E(R) �� 35.07' �P N8 °56'14"W �ii"./ o q p7. ti o �S O. O O /i •:., jT 0 ' S52° 58'40"E(R) �' ��'°�' rn� = / ^� �_ / I'r) _� .�` / N // `r' ° P "n °�h �, '� P ark P /Q*cn �� d/ /..., �ad�B'h �� (a/O ,� v p/ ,00 / 216' VICLY PROL. LINE LOT 1 3, BLOCK 166, M.B. 9/8 0? Q u.1 OM M POB _ .. _.._5r ' fn O 1 -— r9 1— 0 —1 0 1L1 .- - e. -` GENERAL E'LY LINE 5;��� INST. NO. 1 20461 , O. R. add .. co o IDD Pn o o / / S51°55'20"E(R) ' i N. s- 0 N z 0 NE) Er. ___1 ca : ��' � _� �z ��� �`L � 0 �\ �0�� / / / /T 581 ° 56'57"E 50.00' / �.N-S MAIN ST. M.B. 9/8 to u� >� LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning 1 1 7- 1 14-004 (R) Indicates Radial Bearing LOT ) C--) Title to State 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 to obtoin ground 77 2 J 1 7 1- 1 FEE ACQUISITION distances. All distonces are in feet unless otherwise noted. ' �� �q FEET 0 7.5 15 30 45 PREPARED BY: DATE: 05-09-13 REV.: EA: OF540 FA#: PSOMAS DISTRICT I COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS I EXHIBIT1,ABPAGE 4 1 ! EXHIBIT `BP 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 Zg 29 30 31 LEGAL DESCRIPTION Caltrans Parcel No. 23171-2 Temporary Construction Easement Portion of APN 117-114-012 In the City of Corona, County of Riverside, State of California, being a portion of the land lying within Main Street as said street is shown on that certain map filed in Book .9 of Maps, Page 8, San Bernardino County Records, described as follows: Beginning at the northwesterly corner of Lot 13 of Block 166 as said lot .is shown on said map; thence North 81 °56'14" West 21.72 feet along the westerly prolongation of the northerly line of said lot to a point thereon, said point being the True Point of Beginning; thence North 81.'56' 14" West 5.43 feet continuing along said westerly prolongation to a point thereon, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 427.00 feet, to which point a radial line bears South 58°46'16" East; thence southwesterly along said curve 51.04 feet through a central angle of 06°50'56" to a point on the centerline of said Main Street; thence South 08°03'03" West 4.38 feet along said centerline to a point thereon; thence at a right angle to said centerline South 81 °56'57" East 3.24 feet on a line towards the southwesterly corner of Lot 14 of Block 166, as said lot is shown on saidtrap, to a point, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 432.00 feet, to which point a radial line bears South 51 ° 38'06" East; thence northeasterly along said curve 55.94 feet through a central angle of 07°25'11" to the True Point of Beginning. _ontaining 275 square feet. See Exhibit `B2' attached hereto and made a part hereof. P:"CPTGOI05C,I':SURVE% LEGAL S123171 LPN_117-114-0Ineoal>`31 /1.-2-To doe 519,12013 Page 1 of 2 EXHIBITAEPAGE 5 1 2 3 4 5 6 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79 30 31 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 5:09 2 P:':2PTG0I0501SURVLY',,I_EGAL,.Si23171_APN 1.17-I14-0121I.etals\23171-2-TCE.doe, 5/9;20I3 Page 2 of t EXHIBITi1AAPAGE 6 EXHIBIT B2 PARCEL# TITLE AREA APN 23171-2 TCE 275 SOFT. POR. OF 117-114-012 / / It 1 7- 1 14-01 1 ' �� ! W'LY PROL. J LINE S58°46"16"E(R) ��� 13N BLOCKL�66, (-') S57°45`37"E(R) i/ M.B. 9/8 Q, ` 35 07' —� N 81 ° 56' 1 4 'W 21.72" POB ^ern S59°03116"E 0 ,c,-) : a (-0TPOB P) , CO.• L�/6T 0 o v. <n co i C 4 9 f y O C.-f;; i, `4j m GAS 00• /Q . � O # P h Q S52°58'40"E(R) o- V �� o iv-) O i �- - . 0 , 1 LA S51°55'20"E(R) oh o F " ^) i co GENERAL E' LY LINE �, z � al 6 1- INST, N0. ) 120461, O.R. ("� �- k a' S51 °38'06"E(R) `O tr.0 � • 3 al EQ— �w `�`�' � �� a^� 0 �,_Ls., °o�' .i (IDO / c� OQ / / Q� / S81 ° 56'S7"Eaffia-i• 50.00` � 3.24 LINE MEASURED AT RIGHT ANGLE TO EXTENDING TOWARDS SW COR. LOT 14 N-S MAIN CO `r !n , y_, `Q = --I/ LEGEND ST. M.B. 9/8 - - POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning 1 1 7-1 14-004 (R) Indicates Radial Bearing LE r 16 Ci) Title to State l i 11 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 3.1 7 1 - 2 TEMPORARY CONSTRUCTION EASEMENT distances. All distances in feet are unless otherwise noted. FEET 0 7.5 15 30 45 PREPARED BY: DATE: 05-09-13 REV.: EA: OF540 FAtt: P S O A S DISTRICT'COUNTY ROUTE SHEET PM 'SHEET NO. TOTAL SHEETS -- - - i 8 i Riw ''a1 { ia/1 ! 1 , EXHIBITARAGE 7 dS SLZ luawase3 uoipn.q.suop i(modwal MEM (dS £ZZ16 eant ia3Jed jelol) dS 9T£ 33d MEM ZTO-tiTT-LIT i.snal siinovew • • • (V\ O,Azi.ov RoN No . I y -oog NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, January 8, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 17336.02100\8393268.2 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 314 Floor Riverside, California 92501 DATE OF HEARING: Wednesday, January 8, 2014 9:30 a.m. PLACE OF HEARING: Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 DATED: December 16, 2013. BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8393268.2 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 being 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. 17336.02100\8469778.1 EXHIBIT A, PAGE 1 4 EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 23171-1 5 Fee Acquisition 6 li Portion ofAPN 117-114-012 7 II f In the City of Corona, County. of Riverside, State of California, being a portion of the 9 1` land lying within Main Street as said street is shown on that certain map filed in Book 9 10 of Maps, Page 8, San Bernardino County Records, described as follows: 1l 1.2 Beginning at the northwesterly corner of L,ot 1.3 of Block 166 as said lot is shown on said 13 11 map; thence North 81. °56'1.4" West 27.16 feet along the westerly prolongation of the i; 14 11 northerly line of said lot to a point thereon, said point being the True Point of 15 Beginning; thence North 81 °56' 14" West 791 feet continuing along said westerly 16 prolongation to a point on the general easterly line of the land described in that certain t7 Deed recorded December 1, 1970 as Lnstrument No. 120461. of Official Records of 18 .Riverside County, said point being the beginning of a non -tangent curve concave 19 northwesterly having a radius of 400.00 feet, to which point a radial line bears South 20 57°45'37" East; thence southwesterly along said general easterly line and said curve 21 3339 feet through a central angle of 04°46'57" to the intersection of said general easterly 72 f line with the centerline of said Main Street; thence South 08'03'03" West 15.76 feet 23 along said centerline to a point thereon, said point being the beginning of a non -tangent 24 curve concave northwesterly having aradius of.'427.00 feet, to which point a radial line 25 Ii bears South 51 °55'20" .Cast; thence northeasterly along said curve 51.04 feet through a 26 F central angle of 06°50'56" to th.e True Point of Beginning. �7 28 Containing 316 square feet. 29 0 See Exhibit'A2' attached hereto and made a part hereof. 31 Y 3 if,4l, t231 71 :1I 11�_114_012 Le alsC3' ' l :ee.i.loe Page 1 of 2 EXHIBIT A, PAGE 2 The distances described herein are grid distances and are based on California Coordinate 2 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean 4 combination factor for this conversion is 0.99997476. 6 7 Prepared under the direction of 10 1 ] 1' 12 i' 1.3 11 i1 14 11 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 Brian E. Bullock, PLS 5260 Date P:'2PYCi010501\SURVEY\LEGAL5123171 APN 117-i1012'Le4als`23171-1-Fee.doc 5,9/2013 Paae 2 of 2 EXHIBIT A, PAGE 3 EXHIBIT A2 PARCE-L# TITLE AREA /so %` / N LINE LOT 1 3, // U) BLOCK 166, -co pOP M.B. 9/8 02 rn ; o•0 o /,t p of 552°58`40"E(R)' o0 APN LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C----) Title to State I I Access Prohibited NOTES Coordinates and 'bearings are on CC5 1983(2007.00) zone 6. Distances and stationingare grid distances. Divide by 0.99997176 to obtain ground distances. All distances ore in feet unless otherwise noted. N-S MAIN ST. M.B. 9/8'' 23171-1 FEE ACQUISITION o f v l - tLl LQ 2 0) i Itimmmism. 'immummommiummi FEET 0 7.5 15 30 45 PREPARED BY: P S M A S DATE: 05-09-13 REV.: EA: 0F540 FA#: DISTRICT COUNTY ROUTE' SHEET PM SHEET NO. TOTAL SHEETS EXHIBIT A, PAGE 4 2 EXHIBIT `BP LEGAL DESCRIPTION 3; 4 jI CaBrans Parcel No. 231.71-2 5 j Temporary Construction Easement 6 Portion of APN 117-114-012 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 75 26 27 28 9 30 1 In the City of Corona, County of Riverside, State of California, being a portion of the 11 land. lying within .Main Street as said. street is shown on that certain map filed in Book. 9 of Maps, Page 8, San Bernardino County Records, described as follows: Beginning at the northwesterly corner of Lot 1.3 of Block 166 as said lot is shown on said map; thence North 81°56'14" West 21,72 feet along the westerly prolongation of the northerly line of said lot to a point thereon, said point being the True Point of Beginning; thence North 81°56'14" West 5.43 feet continuing along said westerly prolongation to a point thereon, said point being the beginning of a non -tangent curve concave northwesterly having a :radius of 427,00 feet, to which point a radial line bears South 58°46'16" .East; thence southwesterly along said curve 5L04 feet through a central angle of 06°50'56" to a point on the centerline of said Main Street; thence South 08'03'03" West 4.38 feet along said centerline to a point thereon; thence at. a right angle to said centerline South 81 °56'57" ]East 3.24 feet an a line towards the southwesterly comer of Lot 1.4 of Block 166, as said lot is shown on said. map, to a point, said point being the beginning of a non -tangent curve concave northwesterly having a radius of 432.00 feet, to which point a radial lin.e bears South 51°38'06" East; thence northeasterly along said curve 55.94 feet through a central angle of 07°25' 11" to the True Point of Beginning. Containing 275 square feet. See Exhibit ' B2' attached hereto and made a part hereof. t :''P ((110 0 SURti E ti 7:EGALS'\23171 .\PN 117 5791201 4 at 171-2-7'C1:_choc Pfl.*e 1 (42 EXHIBIT A, PAGE 5 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7? 23 24 25 26 I 27 j 78 { 29 i 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 I Brian E. Bullock, PLS 5260 Date P P1'6010501 ,: 1. RVE \ LECIALS 23171_:1'' 1_1.17-114-012 1 e ls'231 1.2- Cf 5i9;2)1.3 EXHIBIT A, PAGE 6 PARCEL# TITLE AREA APN 231 71 -2 TCE 275SO'.FT POR. OF 1 1 7- 1 1 4-01 2 / l �1 1 7- 1 1 4-01 1 �,� / W'LY FROL. �� S58°46'16"E(R) LINEBLOCLlO66, 13N (") S57°45`37"E(R) ! M.B.9/8 P\‘, N 81 35.07' - ° 56' 1 4'' 4V , `. 21.72' - -_- - - - POB ^n 1 5590 ,03'1 6 E ,„ c �' (R ) ^n 7 ,, . , TPOB q�Fy QQPo- '�o i ` S O /O v 0 0 h� • 6�1 � ` °oLI q , , 1:6(1 IA 42- O o� N.Q o GENERAL E'L'Y LINE oo �°' oz -' � .n INST. NO. 120461, O.R. � a° 551°38'06"E(R) `p � q Z Q al P . ,� 1 �n L� Q> ��.. - ,.4 }''., , // �, oo � � O / c) oQ / Q� / / / .. _ cem�—uama'--.'�I -- _ 581 ° 56'57"E 50.00 3.24 LINE MEASURED AT RIGHT ANGLE TO � EXTENDING TOWARDS SW COR. LOT :14 � N-S ,(E. MAIN ._ Z CO ,, `r' -, 1-1 `Q a __I LEGEND ST. M.B. 9/8 POB Indicates Point' Of Beginning TPOB'Indicates 1 1 7- 1 1 4-004 True Point Of $eginning (R) Indicates Radial Bearing 1_0-1' E 8 Ci) Title to State I I I I 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 2 3 1 / 1 - 2 TEMPORARY CONSTRUCTION EASEMENT distances. All distancesarein feet unless otherwise noted. i �, ( i FCCT 0 7.5 - 15 30 45 PREPARED BY: PSOMAS --- -- — DATE: 05-09-13 REV.: EA: OF540 FA#: DISTRICTICOUNTY ROUTE SHEET PM' SHEET NO. TOTAL SHEETS i I ;i,v, i c')1 ,-,(1 1 EXHIBIT A, PAGE 7 PROOF OF MAILING NOTICE I, Mandy V. Villareal, acting on behalf of the Riverside County Transportation Commission, hereby certify that on December 16, 2013, I mailed a copy of the attached notice by first-class mail to the following owner of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 117-114-012 (CPNs 23171-1 and 23171-2): Paul G. Markovits, Trustee 705 North Crescent Drive Beverly Hills, CA 90210 Thomas Markovits, Trustee 705 North Crescent Drive Beverly Hills, CA 90210 Redevelopment Agency of the City of Corona 400 South Vicentia Avenue, #125 Corona, CA 92882 Redevelopment Agency of the City of Corona 123 East Sixth Street Corona, CA 91720 Dated: December 16, 2013. 17336.02100\8393268.2 ► 1 IA dy V. illareal�' ANGELO J. PALMIERI (1928.1998) ROBERT F WALDRON (1927-1990 ALAN H WIENER' 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 W PALMIERI, TYLER. WIENER. WILHELM &WALDRON= STEPHEN A SCHECK DONNA L. SNOW RYAN M EASTER ELISE M. KERN MELISA R. PERE2 MICHAEL I KEHOE CHADWICK C. BUNCH ANISH J. BANKER RYAN M PRAGER BLAINE M SEARLE ERIN SALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K. OYAMA STEV£N R. GUESS MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, OF COUNSEL JAMES E. WILHELM OF COUNSEL DENNIS G. TYLER', RETIRED •A PROFESSIONAL CORPORATIOM VIA E-MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE• CALIFORNIA 92614-4281 (949) 661-9400 www. ptwww. COm January 7, 2014 Jennifer Harmon Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 P.O. BOX 19712 IRVINE, CA 92623.9712 WRITER'S OtRECT DIAL NUMBER (949) 851-7294 WRITER'S DIRECT FACSIMILE NUMBER (949) 825.5412 FIRM'S DIRECT FACSIMILE NUMBERS (949) 851-1554 (949)757-1225 mleifergptwww.com REFER TO FtLE NO. 34031-002 Re: The Bedrosian Quarry property owner should not be burdened with the co -ownership of land along with RCTC and/or Caltrans occupied by a freeway bridge structure. The staff request to do so should be rejected. Bedrosian Quarry must object to the Resolution of Necessity regarding Caltrans Parcel Nos. 22304 Dear Ms. Harmon: This office represents Bedrosian Quarry, LLC in the above -referenced matter. On behalf of our client, we object to the proposed resolution (attached as Exhibit B) that seeks to authorize condemnation of portions of the Bedrosian Quarry property. 1. Burdening the property owner with a freeway bridge and columns on its property does not reflect takings or a project that has been located or planned in a manner compatible with the greatest public good and least private injury. The Design/Build project plans are not complete. Without the design being known, the Commission cannot make the required fmdings that any of the proposed takings are necessary for the project or that the project has been located or planned in a manner compatible with the greatest public good and greatest private injury. In fact, we 1132153.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON` Jennifer Harmon January 7, 2014 Page 2 are still getting bits and pieces of information this evening, just prior to the resolution of necessity hearing tomorrow morning. However, what is known by the property owner is that it has not been provided all or even much documentation relating to a so-called aerial easement. What is also known is that RCTC, Caltrans and other staff have long insisted on a fee taking for the freeway and bridge structure. From what was said yesterday by the RCTC staff (at an administrative hearing requested by the property owner), they only learned in late November that Caltrans would approve a land sharing with the property owner. The property owner does not want to share land with Caltrans. RCTC should not seek to impose such a forced sharing on the property owner. Such a proposed sharing of land improperly burdens the private property with the risk and exposure relating to the maintenance of a giant bridge structure and columns. The Bedrosian Quarry property is currently improved and occupied as a distribution center. The distribution is primarily implemented by trucks --large, laden trucks. Freeway lands and structures can and do fail. Land can subside. Footings can fail. Concrete can deteriorate. Construction can be defective. Earthquakes occur. Trucks can hit things. Trucks can catch on fire. Unfortunately, some catastrophic scenarios involving public infrastructure can occur by accident or on purpose. The point of eminent domain is for a public agency to undertake obligations and burdens for public benefit. Here, the public benefit is a freeway project to widen and re- align the 91 and related streets and connectors. The land sharing scheme proposed to be implemented by RCTC burdens the Bedrosian property and Bedrosian ownership on a perpetual, 24/7 basis. RCTC staff is proposing that the Bedrosian Quarry property owner shares in RCTC's creation, construction and maintenance of the freeway and the risks of its failure. No private owners should have to bear that risk of exposure. The reality is that risk of failure of that public structure impact the private property owner and its occupants. The private property owner and occupants are exposed to liability for failure of this public structure. The potential catastrophic damage that could occur due to the failure of the public structure on the proposed shared land is much greater than the value of the subject property. 1132153.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRONL Jennifer Harmon January 7, 2014 Page 3 If eminent domain is utilized here, it should be to take fee simple rights in the land underneath the bridge structure. This owner does not want to share such land with RCTC or Caltrans. The RCTC appraiser recognizes that the even under the proposed take almost all rights are taken from Bedrosian. He opines 75 percent of the rights are taken. The relative little usability of the subject property beneath the aerial easement is nowhere near the exposure to catastrophic liability. Caltrans has attempted to shift the liability and responsibility of public infrastructure to adjacent private property owners in numerous scenarios based upon its failures to appropriately build, maintain or operate. (See Exs. D-F.) In one such case in Los Angeles county, an aerial freeway structure did not withstand an earthquake over a self -storage facility. For years, Caltrans refused to compensate and refused to accept liability for the real property and personal property losses that were extensive --catastrophic. Caltrans didn't blame the property owner for causing the earthquake, Caltrans said the earthquake was an act of God. It refused to accept responsibility for its structure during many years of litigation. In other situations of Caltrans land or structure failure, Caltrans has blamed innocent adjacent owners. Known circumstances include blaming residential property owners for slope failure by asserting, without proof, that an owner's pool leaked. It didn't. Caltrans also blamed another owner for slope failure because it allegedly overwatered. Caltrans blamed one elderly widow for causing a slope failure when she hired a contractor to build a retaining wall to hold up her slope. In these cases, Caltrans' conduct was shown to have been a substantial factor in the failures. Caltrans internal studies have established and bolstered its own fault. The Bedrosian ownership does not want to be involved with Caltrans' assertion of blame in the event of failure of this structure or facility. There should be a clear demarcation that the land being taken for the bridge structure is Caltrans' land and not shared with the owner or its occupants. 2. The proposed takings in the Notice and draft Resolution of Necessity do not match the takings valued in the precondemnation offer. The Notice of Hearing to Property Owners ("Notice of Hearing") and the draft Resolution of Necessity provided in advance of the hearing provide different takings than 1132153.1 PALMIERI, TYLER. WIENER, WILHELM &WALDRON= Jennifer Harmon January 7, 2014 Page 4 what was appraised in the precondemnation offer. As such, a valid offer required by Section 7267.2 of the Government Code has not been made. First, the Notice of Hearing and draft Resolution of Necessity provide a list of "definitions of legal rights to be acquired." These definitions provide the terms of the various easements being acquired. It provides the grant of rights to RCTC, its successor and assigns. It also provides the remaining rights left to the property owner. (Ex. A [Notice of Hearing, Ex. A, p. 1-2]; Ex. B [Draft Resolution of Necessity, Ex. A, p. 1-2].) The description of the legal rights to be acquired is not provided in the appraisal that formed the basis of the precondemnation offer. The offer is inadequate and invalid. Second, the Notice of Hearing and draft Resolution of Necessity provide that RCTC seeks to acquire two temporary construction easements. The Notice of Hearing and draft Resolution of Necessity provide that the temporary construction easements "shall be exercised for a period of 24 months and ending no later than December 17, 2017." (Ex. A [Notice of Hearing, Ex. A, p. 2]; Ex. B [Draft Resolution of Necessity, Ex. A, p. 2].) The appraisal upon which the precondemnation offer was based, however, provides that the two temporary construction easements have different durations. The first temporary construction easement referred to in the offer and appraisal (Caltrans Parcel 22304-4) provides that the temporary construction easement is for a period of 24 months. (Ex. C [December 2, 2013 Appraisal Report, pp. 22, 23].) The second temporary construction easement referred to in the offer and appraisal (Caltrans Parcel 22304-5), however, provides that it is for a period of one year/12 months. (Ex. C [December 2, 2013 Appraisal Report, p. 27].) The second temporary construction easement was only valued for a 12 month period. Pursuant to the Notice of Hearing and the draft Resolution of Necessity, however, the temporary construction easement is actually 24 months. The offer fails to compensate for 12 months of the temporary construction easement! Similarly, the offer fails to appropriately appraise the duration of the easements being taken. The temporary easements are valued as if they last only 12 or 24 months. In fact, the temporary easements are exercisable any time up until December 17, 2017. There is no requirement that the easements be used over consecutive months. As a result, the easements place a burden on the property over the entire duration of the project. The taking is more like 3 'A years, not 12 or 24 months. Needless to say, the offer did not 1132153.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON Jennifer Harmon January 7, 2014 Page 5 value the taking over its true duration as authorized by the proposed resolution. Without a valid offer, the resolution is invalid. Last, in addition to the actual area of the taking identified in the right-of-way map, the proposed rights to be acquired include blanket rights of ingress and egress over the remainder property. (See definitions of proposed permanent and temporary easements). No offer of compensation was made for these blanket rights. It is axiomatic that a valid offer must offer compensation for all the rights sought to be acquired. Such an offer has not been made because RCTC has not appraised all of the rights proposed to be taken. If those rights are not needed, then they cannot be included in the Resolution. If they are needed, then they should have been appraised with the appropriate offer made. 3. The proposed resolution is an invalid delegation of legislative authority. The proposed resolution gives RCTC's attorney the ability to change the taking at counsel's sole discretion. Such delegation is an invalid delegation of the Commission's authority. At each of the resolution hearings on this project, staff has repeated how the Commission must make certain findings to authorize the specific takings proposed. The Commission is in fact required by the Eminent Domain Law to make such findings as the legislative body for RCTC. (Code Civ. Proc., § 1245.210, subd.(a).) However, the proposed resolution provides that counsel, not the Commission, "is further authorized to reduce or modem 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." (Proposed Resolution, Section 7, last sentence [emphasis added].) The Commission should know, in fact must know, the taking it is approving. Likewise, when RCTC is authorizing its attorneys to take property from its lawful owner, the property owner is entitled to know what property and property rights are being taken from him. The proposed resolution fails to give this body and the property owner the basic and fundamental information of what is being taken. The proposed resolution is an invalid delegation of legislative authority contrary to law. It violates my clients' rights to substantive and procedural due process. If adopted as proposed, the resolution is void. 1132153.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON3 Jennifer Harmon January 7, 2014 Page 6 4. No notice has been provided for the adoption of a resolution of necessity for Caltrans Parcels 22304-RR and 22304-RR2 and thus a resolution of necessity cannot be adopted for those parcels. The Notice of Hearing provided a legal description for five Caltrans Parcel Numbers that RCTC would be considering adopting a Resolution of Necessity relating to--Caltrans Parcel No. 22304-1, 22304-2, 22304-3, 22304-4 and 22304-5. (Ex. A [Notice of Hearing, Ex. A, pp. 3-20].) Indeed, the "Proof of Mailing Notice" attached to the Notice of Hearing provided that the notice related to such Caltrans Parcel Numbers. (Ex. A [Notice of Hearing, Proof of Mailing Notice].) Further, the draft Resolution of Necessity also only referred to those five Caltrans Parcel Numbers. (See Ex. B.) On January 6, 2014, I attended a Combined First and Second Level Review meeting with various RCTC representatives and consultants. At that meeting, it appeared as though RCTC was approaching the January 8, 2014 public hearing as also applying to two additional Caltrans Parcels--22304-RR and 22304-RR2. After that meeting, in the afternoon on January 6, 2014, I also received an email from RCTC consultant, Kirk Pelser at OPC forwarding me an "Appraisal Update TCE 10-02-13" relating to Caltrans Parcels 22304-RR and 22304-RR2. Prior to January 6th, we had no idea that a resolution of necessity authorizing the acquisition of these two additional Caltrans Parcels may be considered two days later. The "Appraisal Update" was only provided two days prior to the resolution of necessity hearing. No notice was provided that a resolution of necessity would be considered relating to Caltrans Parcels 22304-RR and 22304-RR2. RCTC cannot consider adoption of such a resolution of necessity. My clients respectfully request that the hearing on this resolution be postponed until the parties actually know what is needed; the takings be appropriately amended in order to eliminate the improper burden on the private property owner and occupant to co- own a freeway bridge structure; that all of the rights being taken be appraised; that the invalid delegation of legislative authority to counsel be excised from any proposed resolution; and that proper notice is provided. In short, the Commission should not adopt the resolution as proposed. 1132153.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON Jennifer Harmon January 7, 2014 Page 7 5. RCTC is incapable of conducting a fair, legal and impartial hearing on the proposed adoption of the resolution of necessity. As a condition precedent to the exercise of the power of eminent domain, a public entity must hold a public hearing to determine whether a particular taking meets the public interest and necessity criteria articulated in Code of Civil Procedure section 1240.030. (Code Civ. Proc., § 1245.235.) If, after such public hearing, the public entity determines that the proposed taking meets that criteria, then it must adopt a resolution of necessity before proceeding to condemn the property. (Code Civ. Proc., §§ 1240.040, 1245.220.) Implicit in this requirement of a hearing and the adoption of a resolution of necessity is the concept that, in arriving at its decision to take, the public entity engages 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 of the existence of the three basic requirements set forth in Code of Civil Procedure section 1240.030. (Redevelopment Agency v. Norm's Slauson (1985) 173 Cal.App.3d 1121, 1125-1126.) In the absence of a fair and impartial hearing, the resolution of necessity is void. Here, RCTC has already committed itself to the project and has contractually committed itself to the adoption of this resolution of necessity. The sole reason staff seeks authorization to acquire the property and property rights now is RCTC's contractual agreement to deliver the set right of way regardless of whether the proposed right of way is actually needed. This was again confirmed to me at my January 6th meeting with RCTC staff. Even so, RCTC has contracted away its ability to decide not to acquire or delay acquiring the right of way proposed. RCTC contractually committed to delivery of the right of way without actually knowing if the project as designed actually requires the proposed right of way. Adoption of the resolution under these facts is an abuse of discretion. If you have any questions, please do not hesitate to contact me. Very yours Mic MHL:sh cc: Clients 1132153.1 April 16, 2013 Steve and Maureen I1<a1 18092'Pamela Place Villa Park, CA 92861 In 1995 we saw how the State ripped out 50 foot trees by the root with their multi - ton equipment just a few feet below our neighboring homeowners' backyard walls. Immediately that day was hillside failure. Then later, on the tv news, Caltrans reported they did not know what caused the hillside failure, and hinted it may have been caused by excessive rain and excessive homeowner sprinklers. This event happened on a hot July. My wife and I are the parents of four children. In 2005, our family; was suddenly forced out of our home because of a catastrophic landslide in our backyard and the °cis of our neighbors, which touch and connect with a slope owned by the State. e State tried to blame the property owners for the landslide and ensuing damage. The State needed to cure a multi -property problem affecting multiple homes, the States slope, the city of Anaheim, and the State's freeway and frontage road below the slope. How was that our fault? What could we have done as affected homeowners? 936385,1 Page 2 The repair benefited the State, the city of Anaheim, and users of the freeway. It didn't benefit us. We were never able to move back into our home. For about a year, while the State was trying to blame the landslide on us and our neighbors, our family was crammed into a small hotel room. Then we had to rent a house for close to two years, while still paying our mortgage and many added financial strains as an affect of not living in our house, until the State finallyagreed to buy our home and relocate us. These were brutal times for our family of six that nobody should have to live through. We couldn't have fixed the problem. No individual owner m our neighborhood could have fixed this problem. It was beyond our ability, expertise and financial ability. It took an inverse condemnation case against the State to convince the State to compensate us. Steve and Maureen Halal 936385,1 April 16, 2013 Ron and Nancy Agstki 9772 Crestview Circle Villa Park, CA 92861 In 2005, our Orange County home was jeopardized by instability in adjacent land owned by the California Department of Transportation. We owned a beautiful view home located at the top of a Caltmns slope. A landslide occurred in the slope near our Page 2 home. The landslide destroyed several of our neighbors' homes and forded evacuations m our neighborhood. We believed our home was affected by the slo e. alms denied We were forced to sue Caltransin inverse condemnation.' Caltrans continued to deny it was responsible for any; damage to our ho Ultimately, through our inverse condemnation lawsuit, Caltrans was persuaded to purchase our home for fair value. After Caltrans bought our home, it tore it down. We later learned that an internal Caltrans report had concluded that our home should be acquired and removed, along with others, in order for Caltrans' to do neces slope repairs. Caltrans knew this but publicly denied Mere was a problem. Our lawsuit was difficult and expensive. It was stressful. We felt our most valuable investment; our home, was at risk; Fcctunately, we prevailed, Sincerely, Ron and Nancy Agah April 2013 /NNWN/Att/N /AMAIN ups-"AILI- •_-- a.a • is ra • Or r . » 111•..,...E Yra fy iW .11417 • i47 KM M :Or f TrensportitionK &fir Memorandum RAM SAADATNEPADIt Saari DOI Off= off" tifiblt atto December 12, 2013 Bedrosian Quarry, LLC % Mr. Michael Leifer, Esquire Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street Suite 1300 Irvine, CA 92614 Subject: Dear Mr. Leifer: Riverside County Transportation Commission Corridor Improvement Project "CIP" Parcel 22304 — Bedrosian Quarry LLC 951.663.2353 ph 951.663.3901 fax 1.4nwv. OP Csc ryices.c om On December 9, 2013 I emaiied you a Revised Offer, appraisal and attachments for the Bedrosian Quarry LLC Parcel 22304 for the CIP. I also sent the documents to you by overnight mail. It has since come to my attention that there was a discrepancy in the appraisal for Parcel 22304-5 on page 27 that stated the length of the term for the Temporary Construction Easement was 6 months; however in the calculations it used a 12 month period (which was the correct term). The term for Parcel 22304-5 on page 27 should have been the 12 month period, consistent with the calculations. Therefore, I am forwarding a whole appraisal to you with the corrected 12 month term by both email and by mail. Please discard the other appraisal so there is no confusion with this term of the TCE. Should you have any questions, please feel free to contact me at 951 801-6831. Very truly yours, r^� OVFRLAN , PACIFIC & CUTLER, I Janet M. Parks, SR/WA Senior Project Manager Cc: Mark Easter, Esquire Best Best & Krieger APPRAISAL REPORT TOTAL JUST COMPENSATION STUDY BEDROSIAN QUARRY, LLC OWNERSHIP 1235 QUARRY STREET CORONA, CALIFORNIA CALTRANS PARCEL NO. 22304 Effective Date of Appraisal November 27, 2013 Date of Report December 2, 2013 Prepared for BEST BEST & KRIEGER, LLP 3390 University Avenue, 5"' Floor Riverside, California 92502 Prepared by Scott A. Lidgard, MAI, cciM LIDGARD AND ASSOCIATES, INC. 2592 North Santiago Boulevard Orange, California 92867-1862 Report Reference No. 7406 LIDGARD AND ASSOCIATES APPRAISBRS•CONSULTANTS December 2, 2013 Best Best & Krieger, LLP 3390 University Avenue, 5`" Floor Riverside, California 92502 Attention: Louann Moore Paralegal Subject: Total Just Compensation Study Bedrosian Quarry, LLC Ownership 1235 Quarry Street Corona, California Ca!trans Parcel No. 22304 Long Beach Office. 3353 Linden venue Suite 200 Long Beach, GA 90807 - 450,9 In accordance with your request and authorization, I have completed an orangeCounty offrce: appraisal study of the above -referenced property. A portion of the 2592N. Santiago Blvd. subject parent property is sought to be acquired by the Riverside County orange, CA Transportation Commission (RCTC) in connection with the State Route 9214 1862 91 Freeway Corridor Improvement Project. The valuation study consisted of (1) a review of previous work files and appraisal reports involving the subject property, (2) a reinspection of the subject parent property from the adjacent right-of-way, (3) a review of project plans and specifications, (4) review of public records, (5) the research and collection of comparable market data in the immediate and general subject market area, (6) a valuation employing applicable methodology based on an analysis of the comparable market data, and (7) preparation of this formal narrative appraisal report in summation of the activities outlined above. The subject parent property is located on the northerly side of Quarry Street, beginning effectively at El Sobrante Road, adjacent to the BNSF railroad right-of-way and the Temescal Creek flood control channel within the City of Corona. The site has an interior (versus corner) location adjacent to the State Route 91 Freeway right-of-way, irregular land configuration, effectively level topography, and contains 19.4400 acres, or 846,807± square feet of land area. The parcel is zoned for, end has a highest and best use of, industrial development. Telephone: (562) 988-2926 (714) 633-8441 Facsimile: (714) 633-8449 itIDGA 11D AND ASSOCIIITES E AppY'aiwrg and Cansuettatiwon IN CORPORATED Best Best & Krieger, LLP Attention: Louann Moore Paralegal December 2, 2013 Page 2 The property is improved with a single tenant industrial warehouse building of concrete tilt -up construction. The building contains 409,557 square feet, of which 3.5% consists of finished office area, and was originally constructed in 1997. Other appurtenant on -site improvements located within the boundaries of the parent property include a trash enclosure, asphalt paving, concrete paving, concrete ramps, chain link fencing, concrete walls, concrete curbing, metal frame light standards, marked automobile and truck, parking spaces, monument signage, parking lot signage, inground irrigation system, and ornamental landscaping. Reference the accompanying appraisal report for a complete description of the land and improvements. The project, as it relates specifically to the larger parent property, entails acquisition of (1) two permanent (perpetual) surface/subsurface easements containing a total of 2,433 square feet of land area for the purpose of constructing bridge support columns and appurtenant footings, (2) a permanent aerial easement comprising 25,259 gross square feet to accommodate the bridge structures, and (3) two temporary construction easements containing 25,259 and 8,400 square feet, respectively. The proposed acquisition area is generally situated toward the northwesterly portion of the larger parent property; the smaller temporary construction easement impacts the northeasterly corner of the site. The main building and a majority of existing on -site improvements will not be impacted by the right-of-way acquisition. As stated, a compensation allowance has been included for all improvements impacted by the column/ -footing easements. Improvements located beneath the proposed aerial easement and temporary construction easements will be protected in place or replaced in kind. It is anticipated that 9 dock -high level truck loading doors situated along the west elevation of the building and 12 rail access dock -high loading doors will be rendered temporarily nonutilitarian during the respective construction periods. The loss of loading capacity is an element of temporary severance damages. Permanent severance damages will not incur to the remaining portion of the parent property by virtue of the construction of the freeway improvement project - in the manner proposed. Qualitative benefits to the general community in the "after" condition include the upgrading of the State Route 91 Freeway right -of -Ay including the addition of traffic lanes, well as improvements to local thoroughfares resulting in the expansion of roadway capacity and increased circulatory The value of project benefits specifically relating to the subject parent properly/are not monetarily quantifiable. LIDGARD AND ASSOCIATES INCORPORATED i Appraisal and Consultation Best Best & Krieger, LLP Attention: Louann Moore Paralegal December 2, 2013 Page 3 The purpose of the appraisal study is to express an estimate -of total just compensation applicable to the proposed partial acquisition of the sub)ect parent property. Just compensation is based on a quantitative measure of marl�et value. Market value is defined in The California Code of Civil Procedure, §1263.32b, as: "(A) The fair market value of the properly taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the properly is reasonably adaptable and available. (5) The fair market value of properly taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable." The intended use of this report is to assist the Riverside County Transportation Commission (RCTC) in complying with eminent domain requirements for their purchase negotiations with the private property owner. Intended users are RCTC, Overland, Pacific & Cutler, Parsons Transportation Group, and Caltrans, along with consultants thereof, for the explicit purpose and intent indicated above. This report is not intended to be delivered to, or relied upon by, third parties, except as provided for in the eminent domain law. The total just compensation applicable to the partial acquisition of the parent ownership, as of November 27, 2013, is as follows: :` Continued .. . 1 D ASSOCIATES Real Appruisul and Consultation INCORPORATED Best Best & Krieger, LLP Attention: Louann Moore Paralegal December 2, 2013 Page 4 Land value: Aerial easement (22304-1): $265,352. Column/footing easement (22304-2): 18,786. Column/footing easement (22304-3): 18.926. Subtotal, land value: $303,064. Improvements: 17.997. Total value of partial acquisition (land, imps.): $321,061. Permanent severance damages: Value of remainder as part of whole: $26,178,939. Value of remainder, before benefits: - 26.500.000. Indicated severance damages (none): $ 00. Project benefits (not quantifiable): 00. Net severance damages: Temporary construction easements: Parcel 22304-4: $77,837• Parcel 22304-5: 14,322. Total, temporary construction easements: Construction impacts: 00. 92,159. 331.774. Total estimated just compensation: $744,994. Adjusted: $745,000. This appraisal complies with the reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice, under Standard Rule 2-2(b), for a summary appraisal report. This report incorporates, by reference, certain data and analysis contained in our office file. Two copies of this appraisal report are submitted herewith; I have retained a file copy. If you require any additional information from our file, please do not hesitate to contact the undersigned. Very truly yours, LIDGARD AND ASSOCIATES, INC. Scott A. Lidgard, MAI, CCIM Certified General Real Estate Appraiser California Certification No. AG 004014 Renewal Date: March 13, 2014 SAL:sp II -•` AND ASSOCIATES Rail &Joie Appraisal and Consultation INCORPORATED ANGELO J. PALMIERI (1926-1996) ROBERT F. WALDRON (1927.1990 ALAN M.. WIENER' MICHAEL J. GREENE' DENNIS W. CHAN' DAVID D. PARR' CMARLES N. KANTER' PATRICK A. HENNESSEY DON FISHER GREGORY N. WEILER WARREN A. WILLIAMS JOHN R. LISTER MICHAEL H LEIFER SCOTT R. CARPENTER RICMARD A. SALUS NORMAN J. RODICM RONALD M. COLE MICHAEL l D'ANGELO W PALMIERI. TYLER. WIENER. WILHELM &WALDRON STEPMEN A. SCMECK DONNA L. SNOW RYAN M EASTER ELISE M. KERN MELISA R. PERE2 MICHAEL I. KEMOE CHADWICK C. BUNCH AMISH J. BANKER RYAN M PRAGER BLAINE M. SEARLE ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEM JOSMUA J. MARX ERIN K. OYAMA STEVEN R.. GUESS MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, OF COUNSEL JAMES E. WILHELM, OF COUNSEL DENNIS G. TYLER', RETIRED •A PROFESSIONAL CORPORATION VIA E-MAIL 2603 MAIN STREET EAST TOWER — SUITE 9300 IRVINE, CALIFORNIA 92694-4289 (949) 851-9400 www.ptwww.com January 7, 2014 Jennifer Harmon Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 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 mleiter®ptwww.com REFER TO FILE NO 34031-002 Re: The Bedrosian Quarry property owner should not be burdened with the co -ownership of land along with RCTC and/or Caltrans occupied by a freeway bridge structure. The staff request to do so should be rejected. Bedrosian Quarry must object to the Resolution of Necessity regarding Caltrans Parcel Nos. 22304 Dear Ms. Harmon: In addition to the prior objection letter, we submit this addendum on behalf of our client Bedrosian Quarry, LLC. Please include this addendum with our prior objection letter. At the January 6, 2014 meeting with various RCTC staff and representatives, Dave Thomas and Mark Lancaster provided me with only two other examples of aerial easements/co-ownership of land occupied by a freeway bridge structure. One example was over railroad right of way. The other example was over property owned by the State of California. 1133015.1 PALMIERI, TYLER, WIENER. WILHELM &WALDRON; Jennifer Harmon January 7, 2014 Page 2 RCTC staff did not provide us with any examples of aerial easements/bridge structures such as this over property owned by a private property owner. Very truly yours, MHL:sh cc: Clients 1133015.1 Indian Wells (760) 568-2611 Irvine (949)263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Mark A. Easter (951)826-8237 ma rk. easterebbkiaw. com File No. 17336.02100 BEST BEST & KRIEGER n ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone. (951) 686-1450 1 Fax (951) 686-3083 ( www.bbklaw com January 7, 2014 VIA U.S. MAIL. AND E-MAIL (MLIEFER(1rt�.PTWWW.COM) Michael I -I. heifer Palmieri, Tyler, Wiener, Wilhelm & Waldron 2603 Main Street, Suite 1300 lrivine, California 92614 Sacramento (916) 325.4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington. DC (202) 785-0600 Re: RCTUSR91 Corridor Improvements Project - L Corona Properties, LLC Dear Mr. Leifer: We are in receipt of your letter dated January 6, 2014, in the above -related matter. We agree with what you have outlined in your letter. That is, by adopting the Resolution of Necessity tomorrow, RCTC will only be adopting a Resolution of Necessity with respect to the acquisition of property rights. RCTC will not be approving any curative/mitigation plan or any particular site mitigation plan. Feel free to call me if you have any questions. Veloy lypyours, /9-7 of BEST BEST & KRIEGER LLP MAE:mvv Mark A. Easter 17336 02100'+:85 20689.1 ANGELO J. PALMIERI (1925-1995) ROBERT F. WALDRON (1927.1998) ALAN H. WIENER' MICHAEL J. GREENE' DENNIS W. OHAN' DAVID D. PARR' CHARLES H-KANTER' PATRICK A. HENNESSEY DON FISHER GREGORY N WEILER WARREN A WILLIAMS JOHN R. ASTER MICHAEL H LEIFER SCOTT R. CARPENTER RICHARD A. SALUB NORMAN J. RODICH RONALD M COLE MICHAEL L D'ANGELO PALMIERI. TYLER. WIENER. WILHELM &WALDRON STEPHEN A. SCHECK DONNA L. SNOW RYAN M EASTER ELISE M. KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ANISH J. BANKER RYAN M.. PRAGER BLAINE M SEARLE ERIN BALSARA NADERI ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX ERIN K.. OYAMA STEVEN R. GUESS MtCHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, 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 Mark A. Easter Best, Best & Krieger, LLP 3390 University Avenue, 5th Floor P.O. Box 1028 Riverside, CA 92502 January 6, 2014 Re: RCTC 91 Freeway Proiect -- Z Corona Properties, LLC Dear Mark: 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 mlenereptwww.eom REFER TO FILE NO. 37175-000 This letter is to confirm that by adopting a resolution of necessity in the above matter, RCTC is not adopting a curative/mitigation plan for the remainder property --the adoption of a resolution of necessity is not adopting or purporting to adopt any particular site reconfiguration plan. An exception to that is that Z Corona Properties agrees that the adoption of the Resolution of Necessity will authorize the right to cut and remove a portion of the building that penetrates the public agency's take area for the freeway widening. Z Corona Properties will further agree that the public agency has the right and obligation reface the cut building for security purposes. Both the property owner and RCTC agree that the site requires reconfiguration as a result of the takings. This is to further confirm that RCTC will meet with the property owner to confer and attempt to agree on an appropriate site reconfiguration resulting from the takings. Such meeting is intended to take place as soon as mutually convenient. 1131621.1 PALMIERI. TYLER. WIENER. WILHELM &WALDRON;= Mark A. Easter January 6, 2014 Page 2 Please let me know if the above is agreeable as soon as possible. If it is agreeable, Z Corona Properties will not oppose the public agency's acquisition of the parts sought to be taken as necessary for the freeway widening. Thank you. Very truly yours, MHL:mp cc: Mark Lancaster, Acting Right of Way Manager Vicky Cook, OPC Dave Thomas, RCTC Client 1131621.1 1/8/2014 Commission Request RC.TC 1 FROJEGT !! r.zrr.;,rem . THE COMMISSION IS REQUESTED TO MAKE 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. -fir. 9 1 T tgloea Er ST yT T 1 pRO_iEc7 PROJECT MAP Parcel Locations in the Project i 010` c*4154 MAKE ST UNCOLN E * WIM , MA9CquRAB "o c CORONA Z A ONTARIOAVE m NORTH 111 EXPRESS LANES 11 WESTBOUND REGULAR LANES EASTBOUND REGULAR LANES p Tc: PIERCE ST 1 1/8/2014 y► _\ ypROJECT 11 PINwraa PARCEL LIST ROTC 1. Bedrosian Quarry, LLC, a California limited liability company 2. Z Corona Properties, LLC, a California limited liability company 3. Myrvin H. Ellestad and Lera C. Ellestad, husband and wife, as to an undivided 92.5 percent interest; and Darrell D. Clendensen, a married man as his sole and separate property, as to an undivided 7.5 percent interest 4. Corona Associates, a limited partnership, a California limited partnership 5. Maude -Corona LLC 6. Circle K Stores, Inc., a Texas corporation, as survivor by merger with ConocoPhillips 1999-C Company, LLC, a Delaware limited liability company who acquired title as BNY Western Trust Company, not in its individual capacity but solely as Certificate Trustee under TOSCO Trust 1999-C 7. Maude -Corona LLC 8. Paul G. Markovits, Trustee of the Paul G. Markovits Trust UDT dated November 10, 1992, as to an undivided one-half interest and Thomas Markovits, Trustee of the Thomas Markovits Trust dated April 7, 1993, as to an undivided one- half interest +pwa t OFFERS OF JUST COMPENSATION RCTC No. Ownership Offer Date 1 Bedrosian Quarry, LLC December 9, 2013 2 Z Corona Properties, LLC December 9, 2013 3 Ellestad/Clendensen February 20, 2013 4 Corona Associates September 30, 2013 5 Maude -Corona LLC November 15, 2013 6 Circle K Stores, Inc. October 22, 2012 7 Maude -Corona LLC November 25, 2013 8 Markovits Trust December 9, 2013 2 1/8/2014 CONTACT SUMMARY MATRIX PCIC 1 PROJECT rav'a�x.+,aa In Person Phone No. Ownership Meetings Mailings Contacts E-Mails Total Bedrosian Quarry, 1 LLC 2 3 7 12 24 Z Corona Properties, 2 LLC 6 4 43 27 80 3 Ellestad/Clendensen 5 5 26 31 67 4 Corona Associates 2 1 10 17 30 5 Maude -Corona LLC 6 4 13 6 29 6 Circle K Stores, Inc. 2 3 32 65 102 7 Maude -Corona LLC 0 4 5 7 16 8 Markovits Trust 1 1 2 1 5 *These numbers do not include contacts made with legal counsel, which in some cases has been extensive. RCM 1 pR°""- PARCEL 1 3 1/8/2014 Bedrosian Quarry, LLC 115-060-024 Aerial i Temporary Construction Easement 23,259 SF (Total Parcel Area 846,907 SF) Permanent Footing Easement 2,433 SF Temporary Construction easement 33,659 SF 4 1 PROJE{ r xs�t�ayt� Z Corona Properties, LLC 118-160-071 Proposed Pomona Road lTY. In 1tn5n A.� am - --PrORarr. d ryR�yY y KY17nu� �tl k.�nra - _ _ — : �• �+�+ � - — -- _ — per xZ,O}G s.F {ieedl Pp.rtrl Area 142,512 6F} _ — ., ._ - - . _ Tempaivey GansE�4 Capumenk TZZ Sr 8u:4Anq O wnuRLh.n lacmr t 5,649 6F 4ui Wkn9 Access Caswm<nt CAW dr 91 PROJECT I +a.r*nc�rre�.m PARCEL 3 1/8I2014 5 1/8/2014 4 Ellestad/Clendensen 118-160-020 & 118-160-022 RCTC • *x..,.ro V. al r_ * E- . - ProPcexd S14-91. tffesttnnund Lanes .sib f'viFtwvv. 7.'-L—L'a" -! FEE SS,571 SF (Total Parcel! Area 92,133 SF) Tewnpnrert errpn r rr.relr.n Eseta..ernt 19,139 SF B..Ildir. reatielJelan Easement 4,019 SF a N RCTC 1 pR°"c r r45*r[RrR..0 PARCEL 4 6 1/8/2014 (Total Parcel Area 557,133 SF) Permanent Wall Foaling Easement 756 5t- n - -ment 5,8 7 1/8/2014 Maude -Corona, LLC 118-250-014 & 118-250-022 i•!l,ma,o PCTC i E. Pomona Rd FEE 26,641 SF {Total Parcel Area 96,174 sP i Permanent yKa If Footing Easement 1,616 Sr Temporery Construction Easement 1,516 SF Building 6emoBtron Easement M AMI *F Temporary Access Easement 7.77# SF --� Proposed SR-91 Westbound Ofiramnp + Kn. Ni t,.,u.1141 .- 8 1/8/2014 !► -moo OP" \ . i7CTC 1 FRbIECT r.o h..4p PARCEL 7 9 1/8/2014 4► r - Maude -Corona LLC 118-250-020 91 pRoJEcr RUT rwRTam r •; C. Pornor,.a Fte1 :l- - i Temporary Acmes Easement 4,815 SF (Total Parcel Area 64,444 SF). .17 yitir8 'T]- rte...07 ---" _ - - s Pro posted NH 9.1 YNaattotA ntlenel 10 1/8/2014 FEE 316 SF {Total Parcel Area 9,223 SF) 7arrperary Cen.[r..r:e.w, Easement 275 SF Staff Recommends: 01 FROJECT 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. 11 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Michele Cisneros, finance Manager/Controller Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2013/14 Mid -Year Budget Adjustments STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve a net increase of $3,913,000 in FY 2013/14 expenditures for mid -year budget adjustments; 2) Approve Agreement No. 07-31-164-09, Amendment No. 9 to Agreement No. 07-31-164-00 with Best Best & Krieger LLP (BBK) to provide general legal services related to right of way acquisitions for the State Route 91 Corridor Improvement Project (SR-91 CIP) in the amount of $1,660,000, including contingency of $500,000, for a total authorized contract value of $5,040,100 for FY 2013/14; and 3) Authorize the Chair or Executive Director to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: Staff performed a review of expenditures for the six months ending December 31, 2013, and an estimate of expenditures for the remaining six months of the fiscal year ending June 30, 2014. As a result of the review, the following mid -year budget adjustments are proposed: Expenditure Adjustment 1— $3,628,000 The original FY 2013/14 budget did not include sufficient construction budget authority for the Perris Valley Line Quiet Zone — Riverside (Quiet Zone) project, which funding includes 1989 Measure A Western County highway and rail funds. The 1989 Measure A Western County highway funding results from unexpended funds related to the SR-91/Van Buren interchange project that were authorized by the Commission in March 2011, to be transferred to the Quiet Zone project. Estimated constructions costs for FY 2013/14 per the city of Riverside are $3,901,000; however, the FY 2013/14 budget includes $273,000. Accordingly, an adjustment to increase the construction expenditures budget by $3,628,000 is required. There are sufficient 1989 Measure A Western County highway and rail funds available to accommodate this budget adjustment. Agenda Item 8A 200 Expenditure Adjustment 2 — $2million The FY 2013/14 budget includes $5,105,100 for general and specialized legal expenditures from several law firms related to administration and specific programs and projects. Staff monitored general legal costs for FY 2013/14 and determined that additional funding is required for general legal services related to the SR-91 CIP, which were budgeted in the amount of $460,000. Due to the unanticipated number of resolutions of necessity, which doubled from approximately 50 to 100, additional Caltrans requirements, increased pass -through costs for appraisals and litigation guarantees, and other right of way acquisition activities and pass - through legal costs for the SR-91 C1P, the revised estimate for general and specialized legal services is $7,105,100, resulting in the need to increase the legal services budget by $2 million. However, budget transfers from other SR-91 CIP budgeted expenditures aggregating $2 million are proposed to offset this amount for a net budget increase of $0. The anticipated increase in general legal services also requires an amendment to the professional services agreement with BBK. As a result of a review of amounts budgeted for other projects' legal services, it was determined that anticipated services by BBK could be reduced by $340,000, resulting in the need to increase the BBK agreement $1,660,000 for legal services required for SR-91 CIP right of way acquisition activities. Accordingly, staff recommends the Board authorize an increase to the BBK agreement of $1,660,000, which includes contingency of $500,000. Expenditure Adjustment 3 — $285,000 At its October meeting, the Commission approved the reimbursement of $3,051,636 to the city of Corona (Corona) for a developer credit reimbursement agreement. After an initial payment of $665,000, additional reimbursement payments will be paid annually to Corona up to 10 percent of annual Transportation Uniform Mitigation Fee (TUMF) budgeted regional arterial revenues. In another agenda item, staff has recommended a $2,850,000 increase in the FY 2013/14 TUMF regional arterial revenue projection from $3,150,000 to $6million, resulting in an increase of $285,000 to the developer credit reimbursement set -aside for FY 2013/14. Therefore, staff recommends a $285,000 budget increase in TUMF regional arterial expenditures. • Agenda Item 8A 7ni Financial Information In Fiscal Year Budget: No Year: FY 2013/14 Amount: $3,913,000 Source of Funds: 1989 Measure A Western County highway and rail, 2009 Measure A Western County highway, and TUMF funds Budget Adjustment: Yes GL/Project Accounting No.: 003832 81301 221 33 81301 $3,628,000 003028 65101 262 3165101 2,000,000 003028 81401 262 31 81401 (2,000,000) 725000 86405 210 72 86405 285,000 Fiscal Procedures Approved: vi-b-u4;0._34{ Date: 12/19/13 Attachment: BBK Agreement No. 07-31-164-09 Agenda Item 8A 202 • Agreement No. 07-31-164-09 AMENDMENT NO. 9 TO THIS AGREEMENT FOR LEGAL COUNSEL SERVICES 1 PARTIES AND DATE This Amendment No. 9 to the Agreement and entered into as of this day of RIVERSIDE COUNTY TRANSPORTATION BEST & KRIEGER LLP ("Consultant"), a Li iability Pa al Counsel Services is made , by and between the 2. RECITALS 2.1 The Commission �d the Con dated July 1, 200.. ayy- purpose Agreement"). 2.2 The Commission and No. 1 . ster Ag prov' i . + • .s:l corn Com 2.3 e Com 2.4 P "Commission") and BEST hip. entered i n agreement !ding legal coun '-I (the "Master tered into an Amendment 008, for the purpose of year 2008/09 and revising tant have entered into an Amendment ted July 1, 2009 for the purpose of for fiscal year 2009/2010 and revising Consultant have entered into an Amendment ter Agreement, dated July 1, 2010 for the purpose of I compensation for fiscal year 2010/2011. 2.5 The C• _ ' and the Consultant have entered into an Amendment No. 4 to aster Agreement, dated July 1, 2011 for the purpose of providing additional compensation for fiscal year 2011/2012. 2.6 The Commission and the Consultant have entered into an Amendment No. 5 to the Master Agreement for the purpose of providing additional compensation for additional legal services approved by the Commission under the January 12, 2011 agenda item. 17336.00009\8035915.1 1 203 2.7 The Commission and the Consultant have entered into an Amendment No. 6 to the Master Agreement, dated July 1, 2012 for the purpose of providing additional compensation for fiscal year 2012/2013. 2.8 The Commission and the Consultant have entered into an Amendment No. 7 to the Master Agreement for the purpose of providing additional compensation for additional legal services approved by the Commission under the June 12, 2013 agenda item. 2.9 The Commission and the Consultant hntered into an Amendment No. 8 to the Master Agreement, date y 1, 2013 for the purpose of providing additional compensation f _ -ar 2013/2014. 2.10 The parties now desire to provide additional compens acquisitions for the SR-91 3. TERMS 3.1 The maximum com Amendme CfP s ($1 Direc Agreem 3.3 the Ma or legal servi or Improvement P rmed at t greement in order to ated to right of way (SR-91 CIP). erformed pursuant to this cquisitions for the SR-91 Sixty Thousand Dollars e Commission's Executive rates set forth in the Master cee• `� � ., a: t 'n fiscal year 2013/2014, as amended by 9, sha ' our Million Five Hundred Forty Thousand $4,540, 0). ed by is Amendment No. 9, all provisions of the Master A•r ent, a reviously amended, including without limitation the inde and = durance provisions, shall remain in full force and effect and sh' . he actions of the parties under this Amendment. 17336.00009\8035915.1 [Signatures on following page] 2 204 • • • SIGNATURE PAGE TO AGREEMENT NO. 07-31-164-09 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written. RIVERSIDE COUNTY BEST & KRIEGER LLP TRANSPORTATION COMMISSION By: Marion Ashley : en C. De Chair"" ner 17336.00009\803 5915.1 3 205 REVISION TO AGENDA ITEM 9 Additions are noted by Bold Italics, Deletions are noted by gt--iket►,.,,,,„ti RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2013/14 Mid -Year Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the mid -year FY 2013/14 revenue projections of $157 million for Measure A revenues, $76,500,000 for Local Transportation Fund (LTF) revenues, and $12 million for Transportation Uniform Mitigation Fee (TUMF) revenues; 2) Approve the budget increase adjustments to Measure A revenues of $10 million and expenditures of $4,246,000, to reflect the revised Measure A projections; 3) Approve the budget increase adjustments to LTF revenues and transfers in of $4,448,900, and expenditures and transfers out of $561,100 to reflect the revised LTF projections; and 4) Approve the budget increase adjustments to TUMF revenues of $5.7 million to reflect the revised TUMF projections. BACKGROUND INFORMATION: Prior to the beginning of FY 2013/14, staff made projections regarding the revenues to be received from Measure A, LTF, and TUMF funds for budget purposes. Staff tracks the Measure A, LTF, and TUMF revenues on a monthly basis. Current trends indicate that Measure A and LTF receipts are about -I-04 4.9 percent and 94 5.2 percent higher, respectively, for the five six months ended #evembef December 30, 2013, compared to the same period last year. The upward trend in receipts over the past five months reflects an improvement in sales tax revenues compared to the actual revenues recorded for FY 2012/13, which reflected an increase of 10.7 percent and 9.4 percent in Measure A and LTF revenues, respectively, from the FY 2011/12 levels. FY 2012/13 TUMF revenues were 89.1 percent higher than FY 2011/12, and FY 2013/14 receipts to date are comparable to FY 2012/13 trends. Recovery from the nationwide recession in the local economy continues. Sales tax revenues have rebounded from the economic downturn's low point in 2010 and have increased for 16 consecutive quarters through the second quarter of 2013. The unemployment rate has been Agenda Item 9 decreasing, and job growth indicators are somewhat encouraging. The housing market is showing improvement with price appreciation and increases in building permits —especially multi -family housing. Accordingly, staff took a conservative approach to this year's mid -year projection analysis based on the revenue trend noted through "lam December 2013. Staff recommends the Commission increase the current year revenue projections for Measure A and LTF approximately 5.1 percent and 5.0 percent, respectively, above prior year revenues and to increase the TUMF revenue projection to approximate prior year revenues as follows: Revenue Projections Original (January 2013) FY 2013/14 Budget Revised for Mid -Year Adjustment Increase (Decrease) from Budget Measure A LTF TUMF $ 147,000,000 72,500,000 6,300,000 $ 147,000,000 72,500,000 6,300,000 $ 157,000,000 76,500,000 12,000,000 $ 10,000,000 4,000,000 5,700,000 For reference purposes, audited revenues for FY 2012/13 were approximately $149,428,100 (Measure A), $72,828,800 (LTF), and $11,894,300 (TUMF). The increase in Measure A revenues has a direct effect on the distributions to the geographic areas and related local streets and roads (LSR) programs. Accordingly, in addition to the revenue budget adjustments, Measure A budget adjustments for expenditures are required for the LSR aggregating $3,040,000 and Coachella Valley highways and regional arterials of $1,206,000. The increase in Measure A revenues also results in an increase in the 1 percent statutory limitation on administrative salaries and benefits. Based on a preliminary analysis through December 31, 2013, it appears that this limitation will not be exceeded. Additionally, the original Measure A administrative allocation of $2.8 million is sufficient to cover FY 2013/14 administrative costs. This allocation does not exceed the 4 percent limitation on administration costs adopted by the Commission in a prior year. The LTF audit was completed and financial statements were issued in November 2013. Staff revised the original LTF projections to include the carryover that is available to the local governments and transit agencies amounting to approximately $10,961,600. Staff recommends the LTF administrative allocation remain unchanged at $800,000. Expenditure adjustments are required for Commission and Southern California Association of Governments (SCAG) planning of approximately $448,900 and $112,200, respectively. Since the Commission administrative and planning allocations may be transferred to the General Fund, similar adjustments to transfers in and out are also needed. The increase for SB 821 bicycle and pedestrian projects of approximately $288,000 does not require a budget adjustment as this amount will be included in the amount available for the next call for projects. Staff is analyzing the impact of the Measure A funds and LTF apportionments for transit operators and will coordinate adjustments, if any, with the affected operators in a subsequent agenda item. Agenda Item 9 Upon Commission approval, staff will provide this updated information to the necessary local governments and transit operators. Additionally, staff will continue to monitor FY 2013/14 revenues to determine if any adjustments to the revenue projections or Measure A administration are necessary. Financial Information In Fiscal Year Budget: No Year: FY 2013/14 Amount: $20,148,900 sources $4,807,100 uses Source of Funds: LTF, Measure A, TUMF Budget Adjustment: Yes $ 4,000,000 601 62 40102 448,900 60162 97001 448,900 106 65 59001 112,200 601 62 86205 2,282,000 623999 40140101 262 3140101 828,000 613999 40140101 261 3140101 457,000 654199 40140101 265 33 40101 114,000 269 62 40101 142,000 260 26 40101 47,000 270 26 40101 112,000 632199 40140101 263 4140101 717,000 266 72 40101 GL/Project Accounting No.: 2,125,000 267 7140101 604,000 264 19 40101 89,000 683999 40140101 268 3140101 1,206,000 563999 40140101 256 3140101 844,000 257 7140101 362,000 258 26 40101 71,000 234 7140101 2,125,000 267 7186104 1,206,000 256 31 86405 844,000 257 71 86104 71,000 234 71 86104 2,850,000 725000 416 41607 210 72 42110 2,850,000 735000 416 41607 210 73 42110 Fiscal Procedures Approved: \Yti,vd,:ivita.+r�,r,� Date: 12/19/13 Attachments: 1) Measure A Program Allocation FY 2013/14 2) Riverside County LTF FY 2013/14 Apportionment Agenda Item 9 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2013/14 Mid -Year Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the mid -year FY 2013/14 revenue projections of $157 million for Measure A revenues, $76,500,000 for Local Transportation Fund (LTF) revenues, and $12 million for Transportation Uniform Mitigation Fee (TUMF) revenues; 2) Approve the budget increase adjustments to Measure A revenues of $10 million and expenditures of $4,246,000, to reflect the revised Measure A projections; 3) Approve the budget increase adjustments to LTF revenues and transfers in of $4,448,900, and expenditures and transfers out of $561,100 to reflect the revised LTF projections; and 4) Approve the budget increase adjustments to TUMF revenues of $5.7 million to reflect the revised TUMF projections. BACKGROUND INFORMATION: Prior to the beginning of FY 2013/14, staff made projections regarding the revenues to be received from Measure A, LTF, and TUMF funds for budget purposes. Staff tracks the Measure A, LTF, and TUMF revenues on a monthly basis. Current trends indicate that Measure A and LTF receipts are about 10.8 percent and 9.1 percent higher, respectively, for the five months ended November 30, 2013, compared to the same period last year. The upward trend in receipts over the past five months reflects an improvement in sales tax revenues compared to the actual revenues recorded for FY 2012/13, which reflected an increase of 10.7 percent and 9.4 percent in Measure A and LTF revenues, respectively, from the FY 2011/12 levels. FY 2012/13 TUMF revenues were 89.1 percent higher than FY 2011/12, and FY 2013/14 receipts to date are comparable to FY 2012/13 trends. Recovery from the nationwide recession in the local economy continues. Sales tax revenues have rebounded from the economic downturn's low point in 2010 and have increased for 16 consecutive quarters through the second quarter of 2013. The unemployment rate has been decreasing, and job growth indicators are somewhat encouraging. The housing market is showing improvement with price appreciation and increases in building permits —especially multi -family housing. Accordingly, staff took a conservative approach to this year's mid -year Agenda Item 9 206 projection analysis based on the revenue trend noted through November 2013. Staff recommends the Commission increase the current year revenue projections for Measure A and LTF approximately 5.1_percent and 5.0 percent, respectively, above prior year revenues and to increase the TUMF revenue projection to approximate prior year revenues as follows: Revenue Projections Measure A LTF TUMF Original (January 2013) $ 147,000,000 72,500,000 6,300,000 FY 2013/14 Budget $ 147,000,000 $ 72,500,000 6,300,000 Revised for Mid -Year Adjustment 157,000,000 76,500,000 12,000,000 Increase (Decrease) from Budget $ 10000,000 4,000,000 5,700,000 For reference purposes, audited revenues for FY 2012/13 were approximately $149,428,100 (Measure A), $72,828,800 (LTF), and $11,894,300 (TUMF). The increase in Measure A revenues has a direct effect on the distributions to the geographic areas and related local streets and roads (LSR) programs. Accordingly, in addition to the revenue budget adjustments, Measure A budget adjustments for expenditures are required for the LSR aggregating $3,040,000 and Coachella Valley highways and regional arterials of $1,206,000. The increase in Measure A revenues also results in an increasein the 1 percent statutory limitation on administrative salaries and benefits. Based on a preliminary analysis through December 31, 2013, it appears that this limitation will not be exceeded. Additionally, the original Measure A administrative allocation of $2.8 million is sufficient to cover FY 2013/14 administrative costs. This allocation does not exceed the 4 percent limitation on administration costs adopted by the Commission in a prior year. The LTF audit was completed and financial statements were issued in November 2013. Staff revised the original LTF projections to include the carryover that is available to the local governments and transit agencies amounting to approximately $10,961,600. Staff recommends the LTF administrative allocation remain unchanged at $800,000. Expenditure adjustments are required for Commission and Southern California Association of Governments (SCAG) planning of approximately $448,900 and $112200, respectively. Since the Commission administrative and planning allocations may be transferred to the General Fund, similar ` adjustments to transfers in and out are also needed. The increase for SB 821bicycle and pedestrian projects of approximately $288,000 does not require a budget adjustment as this amount will be included in the amount available for the next call for projects. Staff is analyzing the impact of the Measure A funds and LTF apportionments for transit operators and will coordinate adjustments, if any, with the affected operators in a subsequent agenda item. Upon Commission approval, staff will provide this updated information to the necessary local governments and transit operators. Additionally, staff will continue to monitor FY 2013/14 revenues to determine if any adjustments to the revenue projections or Measure A administration are necessary. • Agenda Item 9 207 I Financial Information $20,148,900 sources In Fiscal Year Budget: No Year: FY 2013/14 Amount: $4,807,100 uses Source of Funds: LTF, Measure A, TUMF Budget Adjustment: Yes $ 4,000,000 60162 40102 448,900 60162 97001 448,900 106 65 59001 112,200 60162 86205 2,282,000 623999 40140101 262 3140101 828,000 613999 40140101 261 31 40101 457,000 654199 40140101 265 33 40101 114,000 269 62 40101 142,000 260 26 40101 47,000 270 26 40101 112,000 632199 40140101 263 4140101 717,000 266 72 40101 GL/Project Accounting No.: 2,125,000 267 7140101 604,000 26419 40101 89,000 683999 40140101 268 3140101 1,206,000 563999 40140101 256 3140101 844,000 257 7140101 362,000 258 26 40101 71,000 234 7140101 2,125,000 267 7186104 1,206,000 256 3186405 844,000 257 7186104 71,000 234 7186104 2,850,000 725000 416 41607 210 72 42110 2,850,000 735000 416 41607 210 73 42110 Fiscal Procedures Approved: \14141.4,:iv� Date: 12/19/13 Attachments: 1) Measure A Program Allocation FY 2013/14 2) Riverside County LTF FY 2013/14 Apportionment Agenda Item 9 208 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM ALLOCATION (PROJECTION) FY 2013/14 (Revised (1/8/14) ORIGINAL Increase REVISED (01.08.14) (01.09.13) (Decrease) Revenues $ 157,000,000 $ 147,000,000 $ 10,000,000 Less: Administration 2,800,000 2,800,000 APPORTIONMENT TO PROGRAMS $ 154,200,000 $ 144,200,000 $ 10,000,000 Western County Highway Improvements New Corridors Public Transit Commuter Rail Intercity Bus Specialized Transit -Operations Specialized Transit-CTSA Commuter Services Regional Arterial Local Streets 8 Roads BANNING $ 502,000 BEAUMONT CALIMESA 142,000 CANYON LAKE 158,000 CORONA 3,507,000 EASTVALE 944,000 HEM ET 1,521,000 JURUPA VALLEY 1,590,000 LAKE ELSINORE 1,062,000 MENIFEE 1,348,000 MORENO VALLEY 3,354,000 MURRIETA 1,963,000 NORCO 570,000 PERRIS 1,277,000 RIVERSIDE 6,328,000 SAN JACINTO 731,000 TEMECULA 2,598,000 WILDOMAR 521,000 RIVERSIDE COUNTY 4,644,000 RCTC Regional Arterial 705,000 Bond Financing Economic Development Projects SUBTOTAL -Western County Coachella Valley Highways 8 Regional Arterials Local Street 8 Roads CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE COUNTY CVAG Specialized 8 Public Transit SUBTOTAL -Coachella Valley Palo Verde Valley Local Street 8 Roads BLYTHE RIVERSIDE COUNTY SUBTOTAL -Palo Verde Valley TOTAL 1,362,000 618,000 467,000 248,000 1,620,000 1,484,000 2,650,000 1,983,000 870,000 1,715,000 866,000 223,000 35,189,000 $ 32,907,000 $ 2,282,000 12,765,000 11,937,000 828,000 7,038,000 1,759,000 2,199,000 733,000 1,725,000 10,350,000 33,465,000 6,581,000 1,645,000 2,057,000 686,000 1,613,000 9,679,000 31,294,i)u0 457,000 114,000 142,000 47,000 112,000 671,000 2,17 • C.0.5 I 9,315,000 1,380,000 47 0,000 i ,000 t.16,000 3,279,000 882,000 1,422.0D0 1.467,000 1,269,044 3,1 MOO 1,836,000 533,000 1,t+3d,000 5,91.5,OD4 684,000 2,429,000 48700 4,844,000 659,000 32,0.10 10,0 M9 10,(IE a yl�,�v3 C2,0'✓J 9?,(14 4) 103,0C-0 69,007 EL1.000 218,000 12 7,040 37,C;.9 83,C00 410,CCO 47,0CD 169,000 34,COD 300,OLO 46,60.0 8,! 11,000 1,291,000 604,000 89,000 115,918,000 108,401,000 7,517,090 18, 597, 000 17, 391, 000 1,206,000 13,017,000 8,87%900 • 2 - 73 .0 Hz4 0n 1.04, DM 578,040 437,990 281,000 1,515.000 1,387,000 2,178,900 1,854,0D0 814,000 ,805,000 MEd) 4O,G(.J 30,000 17,000 106,CG0 97,000 172,9C0 129,CCA 56,009 110.1 5,217,000 382,Ci:-;) 37,193,000 84,761,09D 2,412,000 1,089,00C 5...: 71,000 1,089,000 $1 UN 298,M0 4� 66,000 15,000 $ 154,200,000 $ 144,200,000 $ 10,000,000 Note: Estimate for Planning Purposes. subject to change and rounding differences. 209 RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2013/14 APPORTIONMENT (Revised) Estimated Carryover (Unapportioned) Est. Receipts TOTAL Less: Auditor Less: RCTC Administration Less: RCTC Planning (3% of revenues) Less: SCAG Planning (3/4 of 1% of revenues) BALANCE Less: SB 821 (2% of balance) BALANCE AVAILABLE BEFORE RESERVES Less: 10% Transit Reserves BALANCE AVAILABLE FOR APPORTIONMENT APPORTIONMENT Western: Rail Transit Coachella Valley Palo Verde Valley 22% 78% Population 1,769, 836 430,957 26,784 2227,577 Population % of Total 79.45% 19.35% 1.20% 100.00% Revised Projection (01.08.14) $ 10,961,628 76,500,000 87,461,628 12,000 800,000 2,623,849 655.962 83,369,817 1,667,396 81.702,421 8.170,242 $ 73,532,178 Revised FY 2013/14 Apportionment $ 58,422,176 '2,052,879 4v,$0,258 14,225,864 884,138 73,532,178 ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail Transit: RTA $ 4,067,277 Banning 172,558 Beaumont 192,319 Corona 239,899 Riverside 391,203 Subtotal Transit $ 5,063,256 5,063,256 Subtotal Western Coachella Valley Palo Verde Valley Total Reserves $ 1,428,098 6,491,353 1,580,652 98.238 8,170,242 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2012 Allocation of Reserves: FY 2011/12 SRTP Funding Allocations Approved 7/13/11 Original Projection (01.09.13) 72,500,000 72,500,000 12,000 800,000 2,175,000 543,750 68,969,250 1,379.385 67,589,865 6,758,987 $ 60,830,879 Original FY 2013/14 Apportionment $ 48,330,845 1063Z7$6,. 37r698,050. 11,768,614 731,420 $ 60,830,879 • (Decrease) Increase $ 10,961,628 4,000,000 14,961,628 448,849 112,212 14,400,567 288,011 14,112,556 1,411,256 $ 12,701,300 (Decrease) Increase $ 10,091,331 Z229,03' 7:$71;2 . 2,457,250 152,718 12,701,300 NALTF\2013-2014 Apportionments Revised Midyear 01.08.14.xlsx 12/16/20135:19 PM RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2014/15 Revenue Projections STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the projections of the Local Transportation Fund (LTF) apportionment of $81.5 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2014/15; 2) Approve the projections for Measure A revenues of $167 million for FY 2014/15; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues of $12 million for FY 2014/15. , 41) BACKGROUND INFORMATION: Local Transportation Fund The LTF projection consists of revenues generated from a quarter cent of the statewide sales tax. These LTF funds are principally used to fund transit requirements within the county of Riverside (County). The Transportation Development Act (TDA) legislation that created LTF requires the County Auditor Controller to annually estimate the amount of revenues expected to be generated from the sales tax. That estimate then becomes the basis for geographic apportionment and for claimant allocation through the Short Range Transit Plan (SRTP) process, which commences in January 2014 for the next fiscal year. While the County is the taxing authority and maintains custodial responsibility over the LTF revenues, the Commission by statute is charged with administration of the LTF funding process. Therefore, the practice has been for staff to develop the revenue estimate and then submit it to the County Auditor Controller for concurrence. Once the Commission and the County agree on a revenue amount, staff prepares the statutorily required apportionment. Apportionment is the process that assigns revenues to the three major geographic areas as defined by TDA law within the County: Western Riverside County, Coachella Valley, and Palo Verde Valley. Agenda Item 10 211 The revenues are divided based on the respective populations for each area. The apportionment occurs after off -the -top allocations for administration to the County and Commission and set asides for Southern California Association of Governments (SCAG) planning (3/4 of 1 percent), local planning activities (3 percent), and bicycle and pedestrian projects (2 percent). Attached is the FY 2014/15 LTF apportionment based on a revenue estimate of $81.5 million. The estimate will be submitted to the County for its concurrence. The estimate is based on the revised projection for FY 2013/14 and assumes a 6.5 percent increase over the FY 2013/14 revised estimate. This increase is conservative and represents cautious optimism based on current economic forecast information. After the deductions for administration of $862,000 and set -asides of approximately $4,607,900, the amount available for apportionment before reserves is approximately $76,030,100. The balance available for apportionment before reserves is as follows: Apportionment Area Amount Western Riverside County $ 60,408,700 Coachella Valley 14,745,100 Palo Verde Valley 876,300 Total $ 67,589,900 In accordance with the Reserve Policy adopted by the Commission at its January 12, 2005 meeting, a reserve of 10 percent for each apportionment area will be established and set aside for FY 2014/15, for unforeseen cost increases or other emergency. For the Western Riverside County apportionment area, a portion of the reserve will be allocated to each of the transit operators. For public bus transit operators, the allocation of the reserve is based on each operator's proportionate share of FY 2012/13 LTF operating allocations. Operators may access reserve funds by amending their SRTPs through the established amendment process. Measure A The Measure A projection consists of revenues generated from the local half -cent transactions and use tax approved by the voters in November 2002. These Measure A funds are principally used to fund highway, regional arterial, local streets and roads, new corridors, economic development, bond financing, bus transit, commuter rail, commuter assistance, and specialized transportation projects in the three geographic areas of Riverside County, as defined in the Measure A Expenditure Plan. The percentage of Measure A revenues allocated to each of these geographic areas is based on return to source of the sales tax revenues generated. FY 2014/15 represents the sixth year of the 30-year term of the 2009 Measure A. The Measure A projection for FY 2014/15 is $167 million. The estimate is based on the revised projection for FY 2013/14 and a 6.4 percent increase over the FY 2013/14 revised estimate. This increase is conservative and represents cautious optimism based on current economic • • • Agenda Item 10 • • forecast information. This projection will become the basis for the preparation of the FY 2014/15 budget. The budget process typically commences in January of each year following the development of the Measure A revenue projections. Additionally, the amounts for the local streets and roads programs are usually provided to the local jurisdictions for planning purposes. After the deduction for administration of $2.9 million, which is approximately 1.7 percent of Measure A revenues, the amount available for distribution to the three geographic areas is $164.1 million, which is allocated as follows: Geographic Area Amount Western Riverside County Coachella Valley Palo Verde Valley Total Transportation Uniform Mitigation Fee $ 123,902,000 38,976,000 1,222,000 $ 164,100,000 The TUMF projection consists of revenues generated from fees charged to new development to ensure it pays for the new transportation facilities needed to accommodate growth. As a result of a memorandum of understanding executedin 2008 between the Commission and the Western Riverside Council of 'Governments, the administrator of the TUMF program, the Commission receives 48.7 percent of the TUMF revenues, after an administrative allocation for the Commission's regional arterial program. The revenue estimate for FY 2014/15 is $12 million. The estimate is based on the revised projection for FY 2013/14, and assumes no change due to the slow but encouraging recovery in the housing market. NEXT STEPS: Upon Commission approval, staff will provide this information to the necessary local jurisdictions and transit operators for planning purposes. Staff will continue to monitor FY 2013/14 revenues during the development of the FY 2014/15 budget to determine if any adjustments to the revenue projections are necessary. Agenda Item 10 213 Financial Information $81,500,000 LTF; In Fiscal Year Budget: N/A Year: FY 2014/15 Amount: $167,000,000 Measure A; $12,00,000 TUMF Source of Funds: LTF, Measure A, and TUMF Budget Adjustment: N/A $ 81,500,000 60162 40102 2,900,000 001001 401 40101 101 1X 40101 37,613,000 623999 40140101 262 3140101 13,644000 613999 40140101 261 31 40101 7,523,000 654199 40140101 265 33 40101 1,881,000 269 62 40101 2,351,000 260 26 40101 783,000 270 26 40101 1,844,000 632199 40140101 263 4140101 11,814,000 266 72 40101 GL/Project Accounting No.: 35,018,000 267 7140101 9,956,000 264 19 40101 1,475,000 683999 40140101 268 3140101 19,488,000 563999 40140101 256 3140101 13,642,000 257 7140101 5,846,000 258 26 40101 1,222,000 234 7140101 6,000,000 725000 416 41607 210 72 42110 6,000,000 735000 416 41607 210 73 42110 Fiscal Procedures Approved: \P� ,,1 Date: 12/19/13 Attachments: 1) Measure A Program Allocation FY 2014/15 2) Riverside County LTF FY 2014/15 Apportionment Agenda Item 10 714 RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEASURE A PROGRAM ALLOCATION (PROJECTION) FY 2014/15 Revenues $ 167,000,000 Less: Administration 2,900,000 APPORTIONMENT TO PROGRAMS $ 164,100,000 Western County Highway Improvements New Corridors Public Transit Commuter Rail Intercity Bus Specialized Transit -Operations Specialized Transit-CTSA Commuter Services Regional Arterial Local Streets & Roads BANNING BEAUMONT CALIMESA CANYON LAKE CORONA EASTVALE HEMET JURUPA VALLEY LAKE ELSINORE MENIFEE MORENO VALLEY MURRIETA NORCO PERRIS RIVERSIDE SAN JACINTO TEMECULA WILDOMAR RIVERSIDE COUNTY RCTC Regional Arterial Bond Financing Economic Development Projects SUBTOTAL -Western County Coachella Valley Highways & Regional Arterials Local Street & Roads CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE RIVERSIDE COUNTY CVAG Specialized & Public Transit SUBTOTAL -Coachella Valley 530,000 149,000 169,000 3,707,000 1,088,000 1,611,000 1,802,000 1,137,000 1,438,000 3,586,000 2,065,000 599,000 1,353,000 6,655,000 718,000 2,744,000 555,000 5,112,000 751,000 1,401,000 629,000 494,000 244,000 1,716,000 1,509,000 2,718,000 2,048,000 876,000 2,007,000 Palo Verde Valley Local Street & Roads BLYTHE $ 973,000 RIVERSIDE COUNTY 249,000 SUBTOTAL -Palo Verde Valley TOTAL 37,613,000 13,644,000 7,523,000 1,881,000 2,351,000 783,000 1,844,000 11,063,000 35,769,000 9,956,000 1,475,000 123,902,000 19,488,000 13,642,000 5,846,000 38,976,000 1,222,000 1,222,000 $ 164,100,000 Note: Estimate for Planning Purposes, subject to change and rounding differences. RIVERSIDE COUNTY LOCAL TRANSPORTATION FUND FY 2014/15 APPORTIONMENT (Original) Projection Estimated Carryover (Unapportioned) $ _ Est. Receipts 81,500,000 TOTAL 81,500,000 Less: Auditor 12,000 Less: RCTC Administration 850,000 Less: RCTC Planning (3% of revenues) 2,445,000 Less: SCAG Planning (3/4 of 1 % of revenues) 611,250 BALANCE Less: SB 821 (2% of balance) BALANCE AVAILABLE BEFORE RESERVES Less: 10% Transit Reserves BALANCE AVAILABLE FOR APPORTIONMENT APPORTIONMENT Western: Rail Transit Coachella Valley Palo Verde Valley 22% 78% 77,581,750 1,551,635 76,030,115 7,603,012 68,427,103 Population FY 2014/15 Population % of Total Apportionment 1,791,727 79.45% $ 54,367,841 11,960,925 42,406,916 437,342 19.39% 13,270,627 25,990 1.15% 788,636 2,255,059 100.00% $ 68,427,103 ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005): Western: Rail $ 1,328,992 Transit: RTA $ 3,843,590 Banning 153,290 Beaumont 162,214 Corona 209,811 Riverside 342,974 Subtotal Transit $ 4,711,880 4,711,880 Subtotal Western Coachella Valley Palo Verde Valley Total Reserves $ 7,603,012 6,040,871 1,474,514 87,626 NOTES: Estimate for Planning Purposes, subject to change and rounding differences Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2013 Allocation of Reserves: FY 2012/13 SRTP Funding Allocations Approved 7/11/12 N:\LTR2014-2015 Apportionments.xlsx 9IA 12/16/20135:24 PM 1 Revenue Forecast Highlights Employment • Unemployment rate at 10% (peak of 14.5% in mid-2010) • 1.9% increase (30,800 jobs) in household employment over 2012 • Residents finding work in coastal areas —consistent with increases in westbound moming commute traffic Housing • Median home prices increased 28% from Q2 2012 to Q2 2013 • Over 20% year -over -year growth in all regions in Inland Empire • Overall tightness in houssng supply • Defaults and foreclosures have decreased • Consumers and businesses spending signals economic expansion continues • Taxable sales nearing record highs • Faster growth in Riverside County due to solar projects • Better household employment supports household budgets Source: Beacon Economics Activity by Economic Category bi_, •i err ... , .4 - Analysis of Regional Business Activity for Year Ended 02 2013 ICONOMICCATEGORY Af1ALYS15 '�dl f%Chmis t California �; S.F.Bay AM Seaninalete v�ey Central Sea*fast Inland liprfhCl Central toot General Retail 28.7/6.7 28.9/4 28.1/4.4 29/3.8 30.6/3 29.3/3.6 26.8/6.4 28.7/3.8 32.4/4.4 Food Products 16.1/5.8 19.3/5.4 20.1/6.6 16.5/3.1 16.1/2.9 20/5.2 16.4/7.6 18/3 31.4/3.1 Transportation 26.7/6.5 24.7/6.5 22.3/10.6 2&3/7.8 26.9/7.8 24.6/4.1 27.8/8.7 31.3/6.2 20.7/0.6 Construction 11.5/18 8.9/8.4 8.8/9 10.4/10.5 10.8/5.2 8/5.6 11.8/25 12.3/7.8 9.1/10.7 Business to Business 15.2/12.7 17/1.6 19.4/-3 14.2/5.2 14.4/5.9 17.1/18 15.5/16.1 8.9/-27 5.3/-2.3 Miscellaneous 1.9/0.0 1.2/0.6 1.2/8.2 1.6/6.1 1.2/4.3 1/-2.6 1.7/-7.3 0.9/-12 1.1/-0.7 Total 100,0 / 8.5 100/ 4.8 100/ 5 100/5.7 100/ 4.9 100/ 18 100/ 10.3 103/ 4.1 100/3.3 General Retail: Apparel Stoles, Department Stoma, Furniture/Appliances, Drug Stores, Recreation Products, Flodet/Nwaery, and Misc. Retail Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment Ccrstmctlon: Bulkfng Materials Retail and Bulling Matedals Wholesale Transportation: Auto Part/Repair, Auto Sales - New, Auto Sales - Used, Service Stations, and Misc. Vehicle Sales Business to Business: Oleo Equip., Electronic Equip., Business Senices, Energy Setae, Chemical Products, Henry Industry, Light Industry, end Leasing Miscellaneous: health 6 Government, Miscellaneous Other, and Closed Account Adjustments Source: MuniServices 2 Activity by Economic Segments :i� , - - Analysis of Three Segments by Region Largest for Economic Year Ended Q2 2013 itGTC Ca r=la SW�wide ECONOMICSEGM S.F. Bay Area ENT ANALYSIS � t Centre 1roMey Inland FSt � CerMaal t Largest Segment Service Stations DepartmentRestaurants Department Stores Department Stores Restaurants Auto Sales- New Department Stores Restaurants %of Total /% Change 11.4/-0.4 13.3/5.3 14.1/6.5 11.9/3.0 14.3/3.6 14.2/5.1 11.6/15.2 13.6/1.3 20.5/2.3 2ndLargest Segment Department Stores Department Stores Auto Sales- New Auto Sales- New Service Stations Department Stores Service Stations Service Stations Department Stores %of Total /% Change 11.1/5.3 10.5/3.6 9.5/20.8 11.4/18.9 11.9/0.2 10.2/3.6 11.2/-1.5 13.3/-1.9 9.7/15.1 3rd largest Segment Auto Sales- New Auto Sales- New Department Stores Restaurants Restaurants Auto Sales- New Department Stores Restaurants Misc Retail %of Total /% Change 10.2 / 15.5 10.1/14.7 9.3/3.9 10.4/4.5 9.6/4.2 10.2/11.8 10.4/2.7 9.6/4.6 9.6/-0.3 Source: MuniServices A - Historical Sales Tax by Segment `ry.i, , ._. R TC'. -- Sales Tax Levels for Year Ended Q2 2013 • High/Low Points for top segments over last two years (in thousands of S) 1.11111,113 'onto .La.. 318,000 S16,000 S1,000 ■ SS2,OOB ' . ■ ■ 310,000 : S8,000 36,000 31,000 S2,0s U i �`o 9 : : : :--- ' ■ ■ . ■ ■ ■ ■ ■ ■ ' ' ■ ■ ■ ■ ■ ■ ■ ■ ■ ' , II, ■ II, II, II, ■ III' II' II, e S, / tit'o C' , �`C ♦ �c C` 71* P �0 eV , o¢o P¢ e ~ ��a� Source: MuniServices 3 Measure A Tax Revenues S100A S160A $140.0 5110.0 $100.0 500,0 $60.0 $40.0 $20.0 Measure A Revenues �nctusl ellieprelec0oa „•met $- I r r 1 I I I , —, 4.9% above last year (six months) FY 13/14 revised projection: $157 million FY 14/15 projection: $167 million • 8.8%Increase from budget • 5.1%above FY 12/13 revenues •8.3%increase from FY 13/14 projection LTF Sales Tax Revenues 5.2% above last year (six months) a FY 2013/14 revised projection: $76.5 million • 5.5% increase in budget • 5.0% above FY 2012/13 revenues rY 2014/15 projection: 55$1,5 m�Elion •.0.5% increase from FY 2013,14 projection e i 4I r _ t, i . . 111111111111111111 Local Transportation Fund Revenues $90.0 $60.0 $70.0 $60 0 $50.0 $40.0 $30.0 $20.0 $10.0 ee,fi oste,0 ,04,Neeee +Actual �ProjecUon �Budgel 4 Measure A and LTF Taxes Measure A is a half -percent transactions and use tax • Based on place of consumption LTF is funded from a quarter -percent of state's sales tax • Based on point of sale TUMF Revenues Receipts 11.4% higher than last year (four months) FY 2013/14 revised projection. $12 million • FY 2012/13 revenues=$11.9 million FY 2014/15 projection: $12 million Transportation Uniform Mitigation Fee Revenues $100.0 H $80.0 V0.0 f Sao.o $20.0 .«.Head •rProJallon -rButlpN 5 Approval of FY 2013/14 Mid -Year Revenue Projections Approval of FY 2014/15 Revenue Projections Assess Revenue Trends Throughout Year 6 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Shirley Medina, Planning and Programming Director THROUGH: Anne Mayer, Executive Director SUBJECT: Multi -funding Call for Projects Funding Recommendations STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the funding recommendations included in Table 1 for Congestion Mitigation and Air Quality (CMAQ) funds and Table 2 for Surface Transportation Program (STP) and 2009 Western Riverside County Measure A Regional Arterial (MARA) funds; 2) Direct staff to prepare and execute Memorandums of Understanding (MOUs) with the project sponsors to outline the project schedule and local funding commitments; 3) Authorize the Executive Director to execute the MOUs with the project sponsors, pursuant to legal counsel review; and 4) Program the projects in the Federal Transportation Improvement Program (FTIP). BACKGROUND INFORMATION: At its June 2013 meeting, the Commission approved the release of the 2013 Multi -Funding Call for Projects (Call for Projects) for approximately $116 million of federal CMAQ and STP funding and $35 million of MARA funds. Funding for the Call for Projects included FFYs 2012/13, 2013/14, and 2014/15 of federal STP and CMAQ apportionments estimated by Caltrans. MARA funding availability included the balance to date in addition to FYs 2013/14 and 2014/15 revenue estimates. The intention of this Call for Projects is to fund construction activities. However, up to five percent of funding was considered for projects seeking Project Approval and Environmental Document (PA&ED) only funding. The project submittal deadline was September 23, 2013. Projects were evaluated by the Technical Advisory Committee (TAC) primarily consisting of Public Works Directors. Two separate evaluation meetings were scheduled with the first meeting taking place on November 6, 2013, to evaluate four of the seven criteria: Regional significance, project readiness, local match, and safety. The second meeting on December 9, 2013, was held to include the quantitative scores for the air quality analyses, cost -benefit, and Regional Transportation Plan/Sustainability Communities Strategy (RTP/SCS) Greenhouse Gases benefits performed by the Commission's air quality consultant in accordance with adopted emissions and cost -benefit models used by the California Air Resources Board and Caltrans. Agenda Item 11 217 A total of 55 projects requesting a total of $282 million were received for the Multi -funding Call for Projects. Staff identified the appropriate fund source for the projects separating capacity enhancement projects for STP and MARA funds and air quality mitigation and active transportation projects (e.g. bicycle and pedestrian facilities) for CMAQ funding. Projects identified for STP funding were those that were already federalized (e.g. had an approved`` National Environmental Protection Act (NEPA) environmental document) or can proceed through the federal process. Staff recognized the probability of some projects having environmental documents cleared through the California Environmental Quality Act (CEQA), but not NEPA. Therefore, CEQA-only cleared projects located on the regional arterial system in western Riverside County were considered for MARA funds. Project Recommendations: CMAQ Recommendation All projects that were non -capacity enhancing and demonstrated air quality benefits are recommended for CMAQ funding along with the Commission's State Route SR-60 Truck Climbing Lane project. The TAC and staff recommend the following projects for CMAQ funding: Table 1 Agency Project CMAQ Calimesa I-10/Cherry Valley IC (PA&ED) $ 443,000 Eastvale Hamner Signal Synchronization 216,775 Moreno Valley Transportation Mgmt Center Ph 1B 2,031,700 Moreno Valley Dynamic Traveler Alert Msg Boards 340,500 Moreno Valley Aqueduct Trail (PA&ED) 340,000 Riverside Magnolia Signal Interconnect 1,387,500 Riverside Downtown Metrolink Crossing (PA&ED) 637,500 Riverside Santa Ana River Trail Path 2,376,000 Riverside Santa Ana River Bicycle Trail 141,450 Riverside Bicycle Share Program 240,000 Riverside Bruce St Sidewalk improvements 195,000 Riverside County Salt Creek Parkway 5,090,000 RCTC SR-60 Truck Climbing Lane 26,800,000 RTA RapidLink Service— University/Magnolia 9,211,800 RTA Systemwide ITS 4125,000 Temecula Park-n-Ride facility 1,300,750 Wildomar Bike Paths — Grand/Clinton Keith 613,800 Wildomar Bike Paths —Grand (Corydon —Brown MS) 746,640 Total Recommended Programming: $ 56,237,415 } Total Available CMAQ: $ 58,309,953 Programming Balance: $ 2,072,538 The November 1, 2013 Caltrans CMAQ estimates were slightly decreased from approximately $61 million to $58 million, yet are sufficient to fully fund the CMAQ projects recommended for • Agenda Item 11 218 • • programming. Project eligibility will further be reviewed by the Southern California Association of Governments upon inclusion of these projects in the FTIP. Further review will be done by Caltrans at the time of obligation. STP/MARA Recommendation The following projects are listed in order of priority ranking and are recommended by the TAC and staff for STP and MARA funding: Table 2 Agency Indio/La Quinta San Jacinto* Riv Co/Murrieta* Riv Co/Menifee Perris* Beaumont Indio Riverside Temecula Riverside County Moreno Valley Riverside Coachella Jurupa Valley* Moreno Valley* Project I-10/Jefferson Interchange (IC) Ramona Expressway Widening Clinton Keith Widening I-215/Newport IC I-215/Nuevo IC Ramp Improvements SR-60/Potrero IC Phase 1 Improvements Highway 111 Widening Magnolia Widening I-15/SR-79 South Interchange STP/MARA Construction Subtotal : Cajalco Widening (PA&ED only) SR-60/Theodore IC (PA&ED only)(Tier 2) SR-91/Adams IC (PA&ED only) (Tier 2) Subtotal STP PA&ED only: Avenue 48 Widening (Tier 2) Limonite Widening (Tier 2) Cactus Widening/Signal Synch (Tier 2) Subtotal STP/MARA Tier 2: Total Recommended Programming: Total Available STP/MARA: STP MARA $ 14,499,925 14,625,000 6,523,154 4,680,000 2,620,000 12,976,100 964,000 935,000 $ 2,675,000 16,500,000 1,600,000 1,882,000 1,527,500 $ 63,101,429 $ 24,184,500 $ 58,992,691 $ 16,000,000 Tier 2/Over programming: *CEQA Only/Recommended for MARA funding $ (4,108,738) $ ( 8,184,500) Federal funding apportionments were recently updated by Caltrans on November 1, 2013. The updated apportionments resulted in an increase in STP funding from approximately $52 million to $59 million. Staff is recommending over programming by approximately $4 million to program projects that have relatively minor costs and will address safety issues. Two projects requesting under $1 million in PA&ED funding are also recommended for funding. It is likely that the $4 million in over programming may come from potential project savings, increased STP apportionment/MARA revenue levels, or from FY 15/16 apportionment and revenues. MARA revenue projections were recently updated and the amount of available funds increased from $14 million to $16 million. In order to fully fund the projects recommended for MARA funding, staff is recommending over programming of approximately $8 million. The $8 million Agenda Item 11 219 may come from cost savings and/or increased revenues. Further, the Clinton Keith Widening project will be budgeted over two FYs (FY 2014/15 and 2015/16) to accommodate cash flow of the MARA funds. Prior Project Recommendations Prior project recommendations for projects received for the Call for Projects included the following: • October 9, 2013 — Commission approved programming $10 million for the I-15/French Valley Parkway Interchange project with 2014 State Transportation Improvement Program funds. • December 11, 2013 — Commission approved $21 million of MARA funds for the city of Corona's Foothill Parkway extension project so that the city could move forward with the award of this project. Projects Not Evaluated Six projects submitted for the Call for Projects were not evaluated due to the following: Agency Project Comment County of Riverside Gernert/Poarch Road Paving Paving project ineligible for funding Eastvale Hamner Avenue Rehabilitation Rehabilitation projects ineligible for Call for Project Palm Springs 1-10/Indian Canyon Drive Desert Landscaping Landscaping project ineligible for funding Palm Springs Construct Class 11 Bike Lanes, various streets City will apply for CVAG's CMAQ Call for Projects Palm Springs Construction of a second left turn lane on northbound Gene Autry Trail to Vista Chino City will apply for CVAG's CMAQ Call for Projects Palm Springs Construct Sidewalks, Cerritos Drive City will apply for CVAG's CMAG Call for Projects NEXT STEPS • FTIP Upon Commission approval staff will program the CMAQ and STP-funded projects in the FTIP. The timing for the inclusion of projects in the FTIP will vary based on the amendment type and the rules for amending projects in the FTIP. It is anticipated that all projects will be in an approved FTIP by April 2014. Staff will notify the local agencies of the amendment approval. Federal funds must be obligated through the Caltrans Local Assistance Procedures, and agencies are • Agenda Item 11 220 required to adhere to the federal requirements. All federally -funded projects must receive a Notice to Proceed from Ca!trans before work can begin. • MOUs — MOUs will be required to outline the project schedules, funding plan, and local agency match commitment. In addition, should projects experience savings, the project sponsor is to notify Commission staff so that savings are applied to the appropriate project fund sources or in a proportional manner. • Monitoring — Project sponsors are encouraged to obligate funding within three years of FTIP inclusion or based on the program year. Staff will send out monitoring reports for the project sponsors to complete. Reporting will be required to monitor the project's delivery schedule, obligation of funds, invoicing, and project close-out. Future Funding Opportunities In Spring 2014, federal Transportation Alternative Program funds will be added to this Call for Projects once the California Transportation Commission releases its call for projects for statewide and Metropolitan Planning Organization funding per the state's Active Transportation Program. In anticipation of the next federal authorization bill, another Call for Projects could take place within the next two years. The 2016 STIP cycle will also present another funding opportunity within the next two years. Therefore, local agencies are encouraged to continue developing projects for these funding opportunities, or in the event a new funding opportunity becomes available. For larger, high cost projects local agencies should consider environmental clearance under NEPA to allow for flexibility in maximizing funding opportunities. Financial Information In Fiscal Year Budget: N/A Year: FY 2014/15+ Amount: $24,184,500 Source of Funds: 2009 Western Riverside County Measure A Regional Arterial funds Budget Adjustment: N/A GL/Project Accounting No.: 266 72 81301 $24,184,500 Fiscal Procedures Approved: \IXe.u44.0,14,44.E Date: 12/19/13 Attachments: STP and MARA Scoring Sheet Agenda Item 11 221 2013 MULTI -FUNDING CALL FOR PROJECTS - RSTP / MARA EVALUATION Lead Agency/Applicant Project Description Funding Requested Agency match Agency match % TCC TPC (allProject phases) Total Score Projects Scoring ' Indio Reconstruction, realignment, and widening of IC from 2 to 6 lanes W/O Varner Rd. to UPRR. Other improvements include: widening of ramps, adding new entry ramps, ramp metering, accel/decel lanes at W/B entry and EB exit, dedicated RT lanes, and S/W improvements along NB Jefferson St. with crosswalks and curb ramps at all ramp & st intersections. $14,499,925 $47,173,575 76.49% 61,673,500 74,033,500 40 San Jadnto** Widening of Ramona Exp. From 2 to 5 lanes (2 lanes in ea direction and 1 striped median), construction of Type I Bicycle Path, intersection improvements, signal modifications, and minor drainage improvements. $2,675,000 $3,270,000 55.00% 5,945,000 6,545,000 35 Riverside County** Clinton Keith Road Extension from Whitewood Rd. to Trois Valley St (1/2 width - 3 Ins) and from Trois Valley St to Leon Rd. (full width - 6 Ins) - Ph IL $16,500,000 $22,978,000 58.20% 39,478,000 57,780,000 35 Riverside County Reconstruction of diamond IC to a modified partial cloverleaf IC, providing 6 through lanes (3 Ins in ea dir) two dedicated on - ramp approach lanes, a median, and shoulders. Additional improvements include the widening of Salt Creek Bridge, north of the IC to accommodate the realigned NB on -ramp, and widening of Newport Rd to accommodate the proposed geometry of the IC modifications. $14,625,000 $17,875,000 55.00% 32,500,000 37,300,000 33 Perris** I-215/Nuevo IC Ramp Improvements: Widening from 2 to 3 lanes the NB and SB exit ramps, 1 to 2lanes on WB Nuevo Road, and from 1 to 2 NB on Ramp. $1,600,000 $2,000,000 55.56% 3,600,000 3,600,000 31 Beaumont Construct new SR60/Potrero OC - 6-lane facility (3 Ins in ea direction) with temporary connection to Western Knolls Ave. $6,523,154 $8,662,846 57.04% 15,186,000 27,186,000 31 Idio Widen & reconstruction of Hwy 111 from 4 to 6 lanes from Madison St. to Monroe St. and updating of all traffic signals, sidewalks, ramps, and driveways to current ADA stds between Rubidoux St and 760' W/0 Madison St. $4,680,000 $5,720,000 55.00% 10,400,000 10,920,000 30 Riverside_ Widening of Magnolia Ave. from 4 to 6 lanes between Buchanan St. to Banbury Drive. $2,620,000 $3,410,000 56.60% 6,025,000 6,326,200 30 Temecula Improve existing 1-15/79 South: Construction of a new SB exit loop ramp to provide a two-lane exit w/1300' of aux. lane preceding the exit and a new bridge structure over SR79 So. To accommodate the new SB exit ramp configuration. Add. Imp. Include: new SB entrance ramp, widened NB exit and entrance ramps, and SR79 improvements to include widening, paving, restriping to provide 3 thru lanes and 2 left turn lanes in ea direction of travel. $12,976,100 $15,860,000 55.00% 28,836,100 46,000,942 28 Coachella Widening of Avenue 48 to its ultimate width of 6 lanes (3 Ins in ea direction), left turn lanes, pedestrian and bicycle facilities, and landscape median between Jackson Street to Van Buren St.. Some segments have already been widened but require additional improvements to accommodate for bicycle lanes. $2,278,250 $1,226,750 35.00% 3,505,000 3,600,000 27 Jurupa Valley** Widening from 2 to 4 through lanes from Etiwanda to Bain St. (1 mile segment) with paved shoulders along N & S side of the street to provide for Class III bike facilities, and extension of an equestrian/pedestrian U.C. connector to adjacent parkland. $1,882,000 $2,325,000 55.27% 4,207,000 4,207,000 27 Moreno Valley** Widening of EB Cactus Ave from 2 to 3 lanes from Veterans Way to Heacock St. Other improvements include signal modification and synchronization and improvements to bicycle route. $1,527,500 $822,500 35.00% 2,350,000 2,350,000 27 ' Moreno Valley Replacement of SR60/Moreno Beach Dr. Bridge with a 6 Ins bridge (3 Ins in ea dir), shoulders, sidewalks, and left turn lanes, WB ramps, auxiliary lanes, and widening of Moreno Beach Dr from Eucalyptus to N/O the WB ramps. Other improvements include construction of Moreno Master Drainage Plan Storm Drain Line K-1, per Caltrans requirements. $16,842,150 $9,068,850 35.00% 25,910,000 38,910,000 27 Page No. 1 As of M/2013 RSTP/MARA 2013 MULTI -FUNDING CALL FOR PROJECTS - RSTP / MARA EVALUATION Lead Agency/Applicant Project Description Funding Requested Agency match Agency match % TCC TPC(all phases) Total Project Score' Rancho Mirage Widening of WB Ramon Rd. from 600' E/O Bob Hope Dr to Los Alamos Rd: 10' wid. Of 1,600' segment to extend a 3rd through/receiving In. to Bob Hope Dr., 2' wid. Of 3,000' segment, & cons. Of C&G to enhance capacity & wid. Of existing Class II bike lane. $506,838 $89,442 15.00% 596,280 821,090 22 Riverside County Reconstruction of the I-215/Scott Rd IC to a modified partial cloverleaf IC, including reconfiguration of existing freeway ramps, addition of a new loop on -ramp and one new loop off - ramp, and reconstruction of the current OC structure. The new OC is planned to be 11 lanes wide spanning over 1-215 (6 thru lanes and 5 dedicated right and left turn Ins). Other improvements include widening of Scott Rd to accommodate the proposed geometry of the IC. $25,575,000 $13,232,000 34.10% 38,807,000 52,000,000 21 Riverside Widening of Arlington Ave. from 4 to 6 lanes (3 in each direction)from Maude St. to Alessandro Blvd. Other Improvements include bicycle lanes, sidewalks installation, and ADA ramps. $8,081,250 $2,693,750 25.00% 10,775,000 11,189,200 19 Riverside County Widening of Van Buren Blvd. from 4 to 6 Ins (3 Ins in ea dir) from Washington St to Wood Rd., for approx. 2-miles, including right turn pockets at major intersections and ADA improvements. $3,495,000 $0 0.00% 3,495,000 6,961,000 19 Murrieta” Widening of Madison Ave from 2 to 4 lanes from Murrieta Hot Springs to Newton Azrak, raised medians, left turn lane, bike lanes, and sidewalks. $6,430,000 $1,135,000 15.00% 7,565,000 8,165,000 17 Moreno Valley" Widening of approx. 1-mi. of Kitching St between Gentian Ave and Cactus Ave., from a 2-In road to a 4-In (2 Ins in ea dir). Other improvements include ADA ramps and in -fill sidewalk, drainage improvements, traffic signal modification and signal interconnect, walls and fencing, striping, and street lighting. $2,295,000 $405,000 15.00% 2,700,000 2,700,000 15 Riverside County Reconstruction of I-15/Limonite Ave. Interchange from Eastvale Gateway to Wineville Ave., to increase capacity on Limonite and at the ramp intersections. Other improvements include the construction of a new bridge to accommodate the future widening of 1-15 to the 10 lane section that is planned. $29,677,000 $5,554,000 15.76% 35,231,000 47,977,000 ' 14 Coachella Widening of Avenue 50 to its ultimate width of 6 lanes (3 Ins in ea direction), left turn lanes, pedestrian and bicycle facilities, and landscape median between Jackson Street to Van Buren St.. Some segments have already been widened but require additional improvements to accommodate for bicycle lanes. $3,000,000 $90,000 2.91% 3,090,000 3,800,000 12 Riverside County Hamner Ave Bridge at Santa Ana River (11.47% local match for HBP is requested) and Recreational Trail Improvements and Bicycle and Pedestrian Facilities. $5,565,000 $42,956,000 88.53% 48,521,000 56,339,000 12 Riverside Widening of Canyon Crest Dr. from 2 to 4 lanes from Via Vista Dr. to Country Club Dr., and installation of two Class II bike lanes and pedestrian improvements. $3,064,250 $540,750 15.00% 3,605,000 4,443,900 10 Riverside County Construction of a new major arterial, 2 Ins in ea dir, painted median, and a multi -use trail, bicycle and pedestrian facilities, and bridge structures crossing the Smith Creek and the San Gorgonio River, providing an alternate route to the 1-10 between Hathaway St. at Westward Street in Banning to Bonita Street at Apache Trail in Cabazon, approximately 3.3 miles, connecting the city of Banning and the unincorporated community of Cabazon. $14,500,000 $0 0.00% 41,900,000 55,131,000 9 Riverside County Construction of interim improvements consisting of widening of a two-mile segment of Airport Blvd. from 2 Ins to 4 Ins, from Harrison St. to Polk St. $6,800,000 50 0.00% 6,800,000 7,300,000 8 SUB TOTAL CONSTRUCTION $108,218,417 Page No. 2 As of M/2013 RSTP/MARA 2013 MULTI -FUNDING CALL FOR PROJECTS - RSTP / MARA EVALUATION Lead Agency/Applicant Project Description Funding Requested Agency match Agency match % TCC TPC (all phases) Total Project Score ' PA&ED PROJECTS Lead Agency/Applicant Project Description Funding Requested Agency match Agency match % Total PA&ED Phase TPC (all phases) Riverside County Widening of Cajalco Rd. from 2 to 4 Ins (2 Ins in ea dir) from Temescal Canyon Rd. to Harvill Ave., and from 4 to 6 Ins (3 Ins in ea dir) from Harvill Ave to 1-215, including median left turn Ins, signals, class III bike lane, bridge construction, and drainage and intersection improvements (PA&ED/Design). $3,000,000 $8,000,000 72.73% 11,000,000 302,367,000 Moreno Valley 5R60/fheodore St. IC improvements including the widening of OC from 2 to 6 lanes, widening of ramps (w/HOV), add new entry ramp, auxiliary lanes, and widening of Theodore St from 2 to 4 lanes including traffic signals, channelization improvements, left turn pockets, dedicated right -turn lanes, drainage improvements, landscaping, sidewalks, and bike lanes (PA&ED). $964,000 $1,178,000 55.00% 2,142,000 48,200,000 Riverside Preliminary engineering to reconfigure SR91 EB on/off ramps at Adams St. $935,000 $165,000 15.00% 1,100,000 1,100,000 Riverside County Construction of Potrero Blvd. extension, a 4-In (2 Ins in ea dir), painted median, and a multi -use trail along the rural section and sidewalk and bike lanes in the urban areas from 4th St in Beaumont to SR7-79 in the unincorporated Riverside County for approx. 2.8 miles. Other improvements include bridge structures crossing the Smith Creek and the San Gorgonio River (PA&ED). $2,450,000 $550,000 18.33% 3,000,000 54,000,000 Riverside County Extension of Seminole Dr., Tamarack Rd., and Garnet Ave to provide an alternate route to the I-10 (PA&ED/Design). $3,000,000 $645,000 17.70% 3,645,000 24,545,000 SUB TOTAL PA&ED $10,349,000 GRAND TOTAL CONSTRUCTION AND PA&ED $218,567,417 1 Ineligible Projects Eastvale Hamner Ave Pavement Rehab between Cantu-Galleano Ranch to Riverside $323,060 $323,060 50.00% 646,120 710,732 Palm Springs Installation of desert landscaping at the recently completed !- 10/Indian Canyon Dr. IC. 5766,700 $135,300 15.00% 902,000 979,000 Riverside County Paving of existing dirt roads along Gernert/Poarch Rd. in the unincorporated area of Riverside County. $1,000,000 $0 0.00% 1,000,000 1,000,000 SUB TOTAL INELIGIBLE FOR STP OR MARA UNDER THIS CALL $2,089,760 ** CEQA ONLY Completed and qualifies for MARA Page No. 3 As of 1/2013 RSTP/MARA 2013 MULTI -FUNDING CALL FOR PROJECTS-CMAQ Lead "gency/Applicant Project Description Funding Requested -Agency match Agency match % TCC TPC (all phases) CMAQ ELIGIBLE PROJECTS Calimesa Construction of new two roundabout configurations at I-10/Cherry Valley Blvd., located on the NE and SW sides of Cherry Valley Blvd. OC along the I-10 and related street improvements (PA&ED). $443,000 $57,000 11.40% 2,000,000 2,000,000 Eastvale Installation of traffic synchronization along Hamner Ave. from Schleisman Rd to Eastvale Gateway - a total of 6 traffic signalized intersections. $216,775 $116,725 35.00% 333,500 383,300 Moreno Valley Design and construction of ITS, including an Ethernet fiber-optic backbone system, CCTV cameras at 16 key intersections, and new traffic signal controllers at existing 45 signalized intersections. Proposed locations include: Alessandro Blvd from Perris Blvd to Frederick St.; Perris Blvd from Ironwood Ave to Cactus Ave.; Cactus Ave from Perris Blvd to Lasselle St.; Lasselle St from Cactus Ave to Krameria Ave.; Eucalyptus Ave from 1-215 to Towngate Blvd.; and Towngate Blvd. from Eucalyptus Ave to Frederick St. $2,031,700 $268,300 11.67% 2,300,000 2,400,000 koreno Valley Deployment of three dynamic message signs along Cactus Ave., Alessandro Blvd., and Eucalyptus Ave or Day St. - arterial streets approaching the I-215 and SR-60. $340,500 $44,500 11.57% 384,500 450,000 Moreno Valley Development of plans for missing segments of the Aqueduct Trail that will improve connections to adjacent neighborhoods, upgrade the existing segments that do not meet current standards, and enhance trial crossings at streets. $340,000 $85,000 20.00% 425,000 425,000 Riverside Update traffic signal interconnect system along Magnolia Avenue from Buchanan St to Third St. $1,387,500 $462,500 25.00% 1,850,000 1,855,500 Riverside Preliminary engineering to construct a bicycle/pedestrian bridge over the SR91 to connect Riverside Metrolink station to Riverside Downtown areas. $637,500 $112,500 15.00% 750,000 750,000 Riverside Construction of a 4.3 mile of variable width walking path adjacent to the Santa Ana River Class l bike trail from Martha McLean Anza Narrows Park to Fairmount Park. $2,376,000 $594,000 20.00% 2,970,000 3,250,000 Riverside Reconstruction of a portion of a Class I bicycle path to realign a small section of the bikeway behind Grassy Trail Drive to improve visibility around the vertical and horizontal curves of the trail - Martha McLean Anza Narrows Park and Rubidoux Ave. $141,450 $47,150 25.00% 188,600 223,600 225 AS OF 12/06/2013 CMAQ PROJECTS 2013 MULTI -FUNDING CALL FOR PROJECTS-CMAQ Riverside Installation of up to four bicycle stations at Metrolink Station, Downtown Riverside, and UCR, and provide forty bicycles (10 at each station) to implement a bicycle share program. Funding requested if for PA&ED, Design, and Infrastructure/Construction. $240,000 $60,000 22.69% 264,450 411 300,000 Riverside Construction of sidewalk on one side of Bruce Street from Adair Ave to Lake St. $195,000 $195,000 50.00% 390,000 402,500 Riverside County Construction of a 7.2 mile Multi -Modal Urban Trail along the Salt Creek Flood Control Channel between the communities of Hemet, Menifee, and Canyon Lake. Multi -Modal Urban Trail will include a 16 ft. hard surface Class I bikeway to allow for use by alternate energy vehicles, flanked by a 10- 12 ft wide soft surface decomposed granite pedestrian trail. $5,090,000 $892,000 14.91% 5,982,000 6,405,000' RTA Implementation of the RapidLink, limited -stop service along Rte. 1 (local) service area during weekday peak commute periods along University and Magnolia Avenues (Riverside -Corona Corridor). Service will be between UCR and the Galleria at Tyler. $9,211,800 $3,070,600 25.00% 12,282,400 12,282,400 RTA Installation of a turnkey ITS to improve fleet management, improve efficiency, enhance service, and increase ridership. $4,125,000 $1,375,000 25.00% 5,500,000 5,500,000 Temecula Construction of a 157-space park -and -ride facility at Temecula Pkwy (formerly SR79 So.) at La Paz St. Other improvements include: construction of 10 bicycle lockers, passenger load/unload zone and ADA accessible parking. $1,300,750 $698,250 34.93% 1,999,000 ' 2,365,000 Wildomar Widening of Grand Ave (Clinton Keith Rd to David Brown Middle School) to include a Class II bike lane; and minimal work to incorporate Class II/III bike lanes on Clinton Keith Rd from Grand Ave to George Avenue. $613,800 $204,600 25.00% 818,400 949,500 Wildomar Widening of Grand Ave from Corydon Rd. to David Brown Middle School to accommodate Class II bike lanes. Project would complete bike lane connections along the Grand Ave. corridor and would provide a complete route through the city connecting to Lake Elsinore to the north. $746,640 $131,760 15.00% 878,400 1,019,100 GRAND TOTAL $29,437,415 , INELIGIBLE FOR CMAQ UNDER THIS CALL Palm Springs Construction of sidewalk on the east side of Cerritos Dr. creating a continuous walkway for pedestrian users. $86,400 $21,600 20.00% 108,000 130,000 Palm Springs Construction of a second left turn lane on north bound Gene Autry Tr. To .Vista Chino $136,850 $24,150 15.00% 161,000 190,000 Palm Springs Installation of Class II bicycle lanes along Crossly Rd., Palm Canyon Dr., Via Escuela, San Rafael Dr, and Indian Canyon Dr. $142,400 $35,600 20.00% 178,000 I 248,000 TOTAL $365,650 226 AS OF 12/06/2013 CMAQ PROJECTS 1 /8/2014 Multi -Funding Call for Projects Funding Recommendations Multi -funding Call for Projects June 2013 — RCTC Releases Multi -Funding Call for Projects Fund Sources: - Federal CMAQ, STP - Local Western County Measure A Regional Arterial Project application deadline — September 23, 2013 55 Projects were submitted requesting $282 million Total funding available - $148 million 1 1 /8/2014 Matching Projects to Funding RCTC Staff identified the appropriate fund source for each project based on FHWA funding guidelines, and Measure A guidelines. • Projects from Eastern County qualified for federal STP funding. CMAQ funding was available to projects in the South Coast Air Basin, which includes Western County. • All projects cleared under NEPA or would require federal approvals were considered for STP funds • Projects cleared under CEQA only that also met MARA eligibility were considered for MARA funding • All non -capacity projects with demonstrated air quality benefits were considered for CMAQ funds • Temecula's I-15/French Valley interchange request for $10 million was removed from the Call for Projects and programmed in the 2014 STIP Project Evaluations RCTC The Commission approved the following evaluation criteria: - Regional Significance - Project Readiness - Local Match - Safety - Air Quality - Cost Benefit - Consistency with RTP/SCS The TAC, consisting of Public Works Directors, was involved in developing project evaluation criteria and participated in the project evaluations. 2 1 /8/2014 Funding Availability Initial funding estimates were based on Caltrans' February 2013 report of apportionment levels. In November 2013, Caltrans updated the estimates which resulted in a $7 million increase in STP funding, and a $3M decrease in CMAQ funds. Fund Estimates February 2013 November 2013 Difference STP $ 52 million $ 59 million $ 7 million CMAQ $ 61 million $ 58 million ($ 3 million) MARA funds were also updated to reflect mid -year budget projections and were increased from $35 million to $37 million. CMAQ Project Recommendations CMAQ funding is sufficient to approve funding for all of the CMAQ eligible projects submitted. These projects are as follows: Agency Project Calimesa I-10/Cherry Valley IC (PA&ED) Eastvale Hamner Signal Synchronization Moreno Valley Transportation Mgmt Center Ph 1B Moreno Valley Dynamic Traveler Alert Msg Boards Moreno Valley Aqueduct Trail (PA&ED) Riverside Magnolia Signal Interconnect Riverside Riverside Santa Ana River Trail Path Riverside Santa Ana River Bicycle Trail Riverside Bicycle Share Program Downtown Metrolink Crossing (PA&ED) CMAQ $ t000's I $ 443 $ 217 $2,032 $ 341 $ 340 $1,388 $ 638 $2,376 $ 141 $ 240 3 1 /8/2014 CMAQ Recommendations (cont'd) kin=ta%06...411 Agency Riverside Riverside County RCTC RTA RTA Temecula Wildomar Wildomar Bruce St Sidewalk Improv. Salt Creek Multi -Modal Urban Trail SR-60 Truck Climbing Lane Rapid Link Service-University/Magnolia Systemwide ITS Park-n-Ride Facility Bike Paths - Grand/Clinton Keith Bike Paths - Grand (Corydon -Brown MS) Total Recommended Programming: Total Available CMAQ: Programming Balance: CMAQ $(000's) $ 195 $5,090 $26,800 $ 9,212 $4,125 $1,301 $ 614 $ 747 $56,237,415 $58,309,953 $ 2,072,538 STP/MARA Recommendations RCM f STP and MARA recommendations are as follows: Agency Indio/La Quinta San Jacinto Riv Co/Murrieta Riv Co/Menifee Perris Project 1-10/Jefferson IC Ramona Expressway Widening Clinton Keith Widening I-215/Newport IC I-215/Nuevo IC Ramps $ 2,675 $16,500 $14,625 $ 1,600 Beaumont SR-60/Potrero IC Ph 1 $ 6,523 Indio Riverside Temecula Highway 111 Widening Magnolia Widening I-15/SR-795o Interchange $ 4,680 $ 2,620 $12,976 4 1 /8/2014 STP/MARA Recommendations STP and MARA recommendations are as follows: Agency Project STP $(000's) MARA $(000's) Riverside County Moreno Valley Riverside Coachella Jurupa Valley Moreno Valley Cajalco Widening (PA&ED only) 5R-60/Theodore IC (PA&ED only) SR-91/Adams IC (PA&ED only) Avenue 48 Widening (Tier 2) $3,000 $ 964 $ 935 $2,278 Limonite Ave Widening (Tier 2) $ 1,882 Cactus Widening/Signal Synch (Tier 2) $ 1,528 Total Recommended Programming: $63,101 $24,185 Total Available STP/MARA: $58,993 $16,000 Tier 2/Overprogramming: ($ 4,108) ($ 8,185) Tier 2/Overprogramming = Assumes cost savings, increased revenues, or FY 2015/16 revenues Local Contribution The Multi -Funding Call for Projects leveraged over $200 million in local and state funds. Available for Call for Projects: Local Agency Match: $ 154 million $ 230 million* * Includes $66 million in state funding (SHOPP and STIP) for SR-60 Truck Climbing Lane project 5 1 /8/2014 Next Steps ROTC I Include approved projects in the Federal Transportation Improvement Program (FTIP) • Prepare and execute MOU's with each project sponsor • Monitor project delivery • Work with TAC on refining criteria and process for the next Call for Projects, potentially within the next two years • Work with local agencies, SCAG, and the CTC on the submittal of projects that qualify for federal Transportation Alternative Program (TAP) funding/Active Transportation Program (ATP) funds Recommendation Staff recommends that the Commission: 1) Approve the projects identified in Tables 1 and 2 in the agenda item for CMAQ, STP, and MARA funds; 2) Direct staff to prepare and execute the MOU's with the project sponsors to outline the project schedule and local funding commitments; 3) Authorize the Executive Director to execute the MOU's; and 4) Program the projects in the FTIP 6 • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: January 8, 2014 TO: Riverside County Transportation Commission FROM: Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: 2014 Legislative Program and Platform STAFF RECOMMENDATION: This item is for the Commission to: 1) Adopt the 2014 State and Federal Legislative Program; and 2) Adopt the 2014 State and Federal Legislative Platform. BACKGROUND INFORMATION: 2014 Legislative Program State Program Beginning in 2007 the Commission significantly increased its presence in Sacramento and Washington, D.C., resulting in several pieces of crucial state legislation being signed into law that enabled the Commission to implement its 10-Year Western Riverside County Highway Delivery Plan (10-Year Delivery Plan). The Commission also sponsored a pair of bills that did not succeed. In summary, the Commission's recent history of sponsored bills is as follows: Year Bill Author Purpose Result 2007 2007 2008 2008 2010 2011 AR 1295 AB 1240 SD 1310 AB 1954 Aka 209 AIR 4 Spitzer Benoit Correa Jeffries Miller }ilier Tolling authority on SR-91 and 1-15 Design -Guild for Perris Malley Line Tolling authority for SR-91 Tolling authority for 1-15 Design -build for SIB-91 .Support for TIFIA loan for SR-91 Did not pass Did not pass Became law Became law Became law Legislature adopted The Commission also played a key role in supporting and defeating legislative proposals relating to issues including, but not limited to: • LOSSAN intercity rail service; • Use of toll revenues; • Design -build and public -private partnerships; • Project finance; a number of other Agenda Item 12 228 • Fuel excise and sales tax revenues; • Active Transportation Programs; • Rideshare programs, incentives and mandates; • Implementation of federal stimulus funds; and • Protection of federal funds when elected officials are indicted. Through advocacy on these and other items, the Commission established itself as a leader in transportation policy in Sacramento and as a go -to resource for Members of the Legislature and their staffs. By taking a proactive approach to seeking innovative methods to deliver major transportation projects, the Commission has been able to educate many in Sacramento on the needs of self-help counties and the challenges facing regional governments. With key victories over the last several years enabling the delivery of State Route 91 and Interstate 15, staff believes it is time to look forward and again be proactive. The Commission should look to protect its future with regard to upcoming plans and projects. Commissioners have mentioned repeatedly the importance of seeking reforms to demonstrate to taxpayers that the Commission is doing everything possible to make their dollar go the farthest it can. Commissioners have also expressed interest in looking beyond the 10-Year Delivery Plan to prepare for what's next for transportation in Riverside County. In looking ahead, Commission staff sees several key areas of concern that will have bearing on the Commission's future ability to deliver projects and manage its responsibilities. These areas of concern are: • Possible finance and operations risk for 1-15 Corridor Improvement Project (1-15 CIP) due to state -mandated prohibition on tolling of electric vehicles; • The Commission's ineligibility to utilize design -build for future transit projects; • The Commission's legal inability to enforce parking at its existing five Metrolink stations and four new stations for the Perris Valley Line (PVL); and • Continued risk of California Environmental Quality Act (CEQA) litigation on projects approved by voters in Measure A and necessary for implementation of state mandates in AB 32 and SB 375. Therefore, staff is recommending the Commission adopt the following legislative program for 2014: Action Legislation Proposed to be Sought by the Commission in 2014 Sponsor Co -Sponsor and/or Support Sponsor Exempt I-15 Corridor Improvement Project from electric vehicle tolling prohibition. Extend design -build authority for transit projects to the Commission, eliminate sunset date, and streamline procurement process. Authorize the Commission to conduct parking enforcement at Commission - owned Metrolink stations. • Agenda Item 12 22g • • Amendments to the CEQA that prioritize environmentally -friendly public transit projects in line with SB 375 and AB 32, as well as provide greater certainty and fairness through the judicial process. 1-15 Electric Vehicle Tolling Exemption This proposal intersects with a number of important long-term policy priorities for the Commission. 1-15 CIP Tolling Authority The Commission has statutory authority to collect tolls on new lanes of 1-15 for the entirety of its length in Riverside County. The Commission is also expressly authorized by the Legislature to sell bonds against future toll revenue for this project. This tolling authority is provided for 50 years from the date the new express lanes open (presently estimated to be approximately 2020). According to state law specific to 1-15, toll revenue is required to be spent in the following priority order: • Debt repayment; • Operations and maintenance of express lanes; and • Improvements to the 1-15 corridor. All of the above provisions were carefully written into law by Assembly and Senate leaders and then -Assemblyman Kevin Jeffries. An important technicality in the law for 1-15 is that it falls within a very limited pilot program of toll projects authorized by the Legislature in 2006 by then -Speaker of the Assembly Fabian Nunez found in Streets & Highways Code §149.7. This section allows for four toll projects in California: two in Northern California and two in Southern California. The two projects in Southern California are I-15 and L.A. Metro's demonstration projects on 1-10 and SR-110. The Commission's specific tolling authority granted by the state becomes an important consideration when looking at the state's policy on tolling electric vehicles, which ostensibly seems to create a policy conflict. Electric Vehicle Tolling Exemption A pair of laws passed in 2012 and 2013, in spite of Commission opposition, grants exemptions to highway tolls to super ultra -low emission vehicles (SULEV), inherently low -emission vehicles (ILEV), partial zero emission vehicles (PZEV), and standard or transitional zero -emission vehicles (TZEV). To simplify, these are mostly electric and plug-in electric cars that have white or green stickers issued by the Department of Motor Vehicles (DMV). The same laws also grant unfettered access to high occupancy vehicle (HOV) lanes. Arguments in favor of this law Agenda Item 12 230 centered on the need to provide incentives to stimulate demand for these environmentally - friendly cars in order to meet air quality and greenhouse gas targets set by the California Air Resources Board. The original bill to create this toll exemption, AB 2405 (Blumenfield), carried a sunset date of 2015. A follow-up bill last year, AB 266 (Blumenfield), extended the program to 2019, citing the need to create long-term incentives for potential electric vehicle buyers. However, these toll exemptions come with a number of exceptions. Toll roads or highways (such as the SR-241, 261 or 133) and state-owned toll bridges are permitted to charge tolls to these "green" vehicles. The law clarifies that only toll facilities authorized pursuant to §149.7 are prohibited from charging tolls to such vehicles. However, yet another exception is applied to L.A. Metro's 1-10 and SR-110 project (the only other §149.7 project in Southern California) through March 1, 2014. Therefore, by process of elimination the only toll project in the state that must exempt electric vehicles from tolls is the Commission's 1-15 CIP. The complex way in which the law was written has the effect of unevenly and unfairly imposing a mandate on the Commission. Staff believes that, at the very least, state law should be amended to treat 1-15 consistently with other toll facilities in California by also excluding this project from the tolling prohibition on electric vehicles. In seeking this exclusion, it raises the question why the policy is in place to begin with if all existing and proposed toll projects do not have to abide by it. The Electric Vehicle Market in California and impacts to 1-15 corridor Over the last several months staff took a closer look at the electric vehicle market and what impacts this law may have on 1-15 CIP. According to a recent report from the California New Car Dealers Association, the current market share of electric and plug-in hybrid vehicles totals 1.8 percent in California. This is a relatively small percentage of the statewide fleet, and many of the vehicles are concentrated in major metropolitan centers such as the Bay Area and Los Angeles, leading one to make a plausible argument that the impact to Riverside County and specifically the 1-15 corridor is likely very minimal. However, market forecasts show that electric vehicles are likely to increase dramatically as a share of the California auto market in the coming years. A 2009 UC Berkeley study predicts that, depending on oil prices, electric cars could account for 64-86 percent of light -vehicle sales by 2030. Furthermore the UC Berkeley study conjectures that west coast states of California, Oregon and Washington, are likely to lead the U.S. in adoption of electric cars, based on how quickly those states' markets opened to hybrids. Perhaps more importantly, CARB regulations require auto manufacturers to produce a minimum percentage of Zero Emission Vehicles for sale. Between 2012-2014 the minimum fleet percentage is 12 percent, and increasing to 14 percent between 2015-2017. Assuming that auto manufacturers successfully meet these targets, it is possible that by the time the 1-15 Express Lanes open for traffic in the early 2020's, electric vehicles could account for 15-20 percent of all light -vehicle sales in California. While it will take some time for the overall Agenda Item 12 7�1 • • • statewide fleet to turnover, the trend is undeniable, opening the 1-15 project to increasing financial risk from being unable to toll a fast-growing segment of vehicles. One of the most often repeated and important message points the Commission relayed to the Legislature between 2007-2010 is that the Commission was the entity bearing the financial risk for SR-91 and 1-15 projects. Together, these two projects will represent nearly $2 billion of debt for which the Commission — not the state of California — will be responsible for. Additionally, it is the Commission — not the state of California — who will be responsible for maintaining and operating the new express lanes facilities for 50 years. Therefore, project delivery and finance tools such as design -build and tolling policy needed to be placed in the hands of the Commission, in order to best manage the Commission's risks. Continuing with that message, it is especially concerning that the state would interfere with local tolling policy (that it placed in the hands of the Commission) and exempt a rapidly -growing share of the auto market from paying for its fair share for the use of a new highway that is the responsibility of another government agency. In short, the projections for a fast-growing electric vehicle market in California presents an open-ended and uncertain risk for the Commission, who will be incurring hundreds of millions of dollars in debt on the promise that it will have control and predictability to repay that debt. Although the current tolling exemption for electric vehicles expires in 2019, which has already been done once, the Legislature could find itself with an appetite to extend the program again or make it permanent. The Commission must look at the next 50 years of policy, not just the next five. Big Picture Transportation Finance Finally, this issue raises a more .global concern with the poor state of transportation funding in California — and the nation. With a. $295 billion shortfall to fund all transportation needs in California (as found by the California Transportation Commission), that a growing segment of drivers are exempt from paying for the roadways they use is extremely concerning. Such policies erode the nexus between the consumer and the commodity consumed, placing an increasingly painful burden on those who do pay. It is no secret that the Federal Highway Trust Fund (HTF) again faces insolvency later in 2014 and that California's transportation revenues are facing a "fiscal cliff" in the immediate future. While finding a mechanism for electric vehicle users to pay the equivalent of what others pay in fuel taxes is a larger, more complicated issue (although other states such as New Jersey have recently adopted solutions), the least that can be done in the Commission's case is to ensure that all the users of our 1-15 Express Lanes are treated equitably. Legislative Proposal Staff identified a potential author for legislation to exclude 1-15 from the tolling exemption for electric vehicles and draft language is being reviewed by legal counsel if the Commission chooses to move forward with sponsoring a bill. Staff will also engage in discussions with L.A. Agenda Item 12 232 Metro (whose exclusion from the law expires in March) and other tolling operators in California about this issue and seek supporters. It is Likely that environmental groups and pro -electric vehicle interests will oppose the legislation. However, staff feels that on principle this is an important issue to bring forward, and one that could have real dollars -and -cents consequences to the Commission's fiscal future. Transit Design -Build Authority In 2005, the Legislature created a design -build pilot program for public transit projects. The program expires on January 1, 2015. The design -build authority is available only to transit operators as defined in state law. The Commission is not defined as a transit operator and therefore cannot use design -build for transit projects. In 2007, the Commission sought to obtain design -build authority for construction of PVL by seeking to amend the law to state that the Commission could be considered a transit operator solely for the purposes of the design - build program. Considering that the Commission owns and operates its Metrolink stations, that Metrolink itself could use design -build authority, the project would ultimately be operated by Metrolink, and that every other member of the Metrolink joint powers authority had design - build authority, the Commission felt that this amendment to the law was a matter of logic and common sense. However, the bill was opposed by public employee unions and stalled in its first policy committee. Since 2007, much progress has been made in the capitol on design -build policy. The 2009 budget deal produced a design -build and public -private partnership demonstration program for highway projects (SB 2X 4), the Commission achieved design -build for SR-91 in 2010 (AB 2098), and a major breakthrough was achieved last year with AB 401 to provide broad design -build authority for highways. Given the tight fiscal constraints of state government, high unemployment rates, and the self-help counties' recent efforts to push for more flexibility to deliver projects, the Legislature has shown openness to allowing design -build. Several commissioners have noted a need for the Commission to look forward to future transit projects, whether it is another commuter rail extension beyond PVL, rail to the Coachella Valley, or bus rapid transit systems in Riverside County. Given that the current transit design - build program expires at the end of the upcoming year, staff believes it is first paramount to make the program permanent. Next, the Commission must seek eligibility to participate in the program. Finally, the Commission should work with other transit entities to examine opportunities to streamline the procurement processes expounded in the law for this program. Staff began working with transit agencies and coalitions on this issue. It is likely that any transit design -build bill will be a statewide effort among transit advocates. Commission legal counsel began legislative language to propose for inclusion in the bill that ultimately goes forward. If Commission proposed language is not included in a coalition -sponsored bill, staff believes the Commission should preserve its option to seek stand-alone legislation for the Commission's purposes as a last resort. • • • Agenda Item 12 233 • Parking enforcement at Metrolink stations The Commission fully funds and maintains all Riverside County commuter rail stations: West Corona, North Main Corona, La Sierra, Downtown Riverside, and Pedley. In 2015, the Commission will also own and operate new stations associated with the PVL: Hunter Park, March/Moreno Valley, Perris, and South Perris, bringing the total number of Commission - owned stations to nine. Every year the Commission spends millions of dollars to keep these stations clean, safe, and functional for thousands of passengers every day. This quality of the Commission's stations is important to the residents of Riverside County who commute throughout Southern California, and rely on these stations to safely park vehicles and connect with other transit or ridesharing services to get to their destinations. Thus, protecting the Commission's ability to manage these important assets effectively is a high priority. In all other counties in the Metrolink system, it is the city in which the station is located who owns and maintains the stations. The Commission is the only Metrolink member agency to have responsibility for its own stations. This places Commission station parking operation, regulation and enforcement at a distinct disadvantage relative to other stations within the system. Though the Commission maintains 24/7 security at all stations, it is not a "local authority", as defined by state law, that may regulate parking facilities. A "local authority is the legislative body of a county or municipality able to adopt local police regulations. Cities may issue citations for illegally parked cars. However, unlike most every other station in the system, police are not authorized to issue citations to cars in the Commission's parking lots. This is due to the Commission's absence among the many public agencies listed in Vehicle Code § 21113. This section establishes parking infractions for parking on the property of enumerated agencies without permission. In short, unlike stations operated within other member agency jurisdictions, the Commission lacks any authority to enforce parking regulations at its stations absent a Vehicle Code revision by the state legislature. This lack of authority becomes especially problematic when station parking is utilized by non- Metrolink passengers. Given the increasing demand for Metrolink, parking space will become more valuable and unauthorized use will have greater impacts on Metrolink customers. Therefore, staff proposes to sponsor state legislation that would provide eligibility for the Commission to enforce parking at its rail stations. Similar legislation was sponsored by the North County Transit District (NCTD) in San Diego County in 2012 and was signed into law without opposition. CEQA Modernization Legislation was approved last year to streamline CEQA for a new arena for the Sacramento Kings basketball team and to implement new standards for infill residential housing development near transit centers. Yet, California's transportation advocates are still thirsting for new policy that enables environmentally -friendly, AB 32 and SB 375 compliant public transit projects to move forward expeditiously and avoid common "traps" in CEQA that encourage Agenda Item 12 234 protracted litigation and waste of taxpayer funds. Many felt that momentum was building in 2013 with the Governor publicly committing to CEClA modernization and a moderate Democrat Senator authoring a transformative bill. However, that Senator resigned from the Legislature and the momentum faded. Many capitol -watchers have expressed pessimism that meaningful CEClA modernization will occur in 2014; however the same concerns still exist for the Commission and many other transportation agencies in California. Several local legislators have approached Commission staff in recent weeks asking for input on CECtA issues. Recognizing that achieving CECtA modernization is likely a long term effort, staff believes it will be important to continue to prioritize education of legislators and offering reasonable policy solutions that could bring relief to Commission projects in the future. At this time, staff is not recommending the Commission sponsor a specific piece of legislation. Federal Program MAP-21 Reauthorization While it seems only yesterday that Senate & House conferees struck a bipartisan deal to enact MAP-21 into law, the bill expires on September 30, 2014 - the end of this federal fiscal year. The 'spring and summer of 2014 are expected to bring a flurry of activity towards the reauthorization of this law and resolution of some of the most daunting challenges any transportation bill has needed to deal with in a very long time. The core of MAP-21 discussions will revolve around money. Congress found a variety of "pay - fors" unrelated to transportation to patch together enough revenue to keep transportation funding levels flat through 2014. However, HTF revenues continue to decline. Without a new revenue source, federal transportation spending will face drastic reductions. Multiple congressional blue 'ribbon commissions, dozens of trade associations, and think tanks have exhaustively studied various revenue options for years, as this problem is not new. It will be up to Congress and the President to decide what, if anything, will be done to ensure adequate long-term, stable transportation investment. A subset of the revenue discussion will revolve around goods movement. MAP-21 marked the first time a surface transportation authorization bill included a freight title. The bill required U.S. Department of Transportation to develop a National Freight Plan, including a Primary Freight Network and critical rural corridors (all highways only), encouraged states to develop State Freight Plans, created a National Freight Advisory Committee, and reauthorized the Projects of National & Regional Significance (PNRS) program, and provided for increased federal funding shares for goods movement projects. All of the above are in the midst of being implemented by U.S. DOT, in addition to the recent House Panel on 21st Century Freight Transportation completing its report. Yet, there is no ongoing funding source attributed to goods movement projects. Many look at freight funding as the primary focus for the successor to MAP-21, now that the initial policy has been established. • • • Agenda Item 12 • The Commission identified nearly $1 billion in funding needs remaining for 18 high priority grade separation projects. The Commission is also working on critical projects on SR-60 and 1-10 near the Pass Area that play a major role in interstate goods movement. As port traffic resumes the increases in volume that became standard prior to the recession, the issue of freight impacts will remain a high priority concern for the Commission in Washington. A second major focus of the Commission will continue to be "Breaking Down Barriers" to efficient project delivery. MAP-21 made positive strides towards placing time limits on certain agency reviews, imposing budget penalties on late reviews, and providing a process for disputes between agencies to be resolved in a timely manner. MAP-21 also required a study to be completed on the possibility of replacing federal environmental law (the National Environmental Protection Act (NEPA)) with state environmental laws (such as CEQA). The results of this study will be key to making a new push for language that does allow a state to apply for its laws to be substituted for NEPA. This has been a high priority for the Commission for several years. Passenger Rail Investment and Innovation Act Reauthorization A new area of attention for the Commission will be the Amtrak reauthorization bill, which is currently stalled. While many elements of the Amtrak debate are highly partisan and political, the Commission's interest is local. After recent actions by the Commission to partner with the Coachella Valley Association of Governments (CVAG) and Caltrans on a service development plan for Coachella Valley intercity rail service, the Commission will need to become more engaged in Amtrak policy issues. One of the philosophical debates ongoing regarding the future of Amtrak, is whether and how to focus on higher -productivity short -haul routes versus cross-country routes. Riverside County's interest in developing an Indio -Los Angeles service places the Commission on the side of advocating for investment and priority to shorter -haul service. Commission staff will spend the year becoming more immersed in this area of federal policy and seeking opportunities to protect future Amtrak service growth in Riverside County. 2014 Legislative Platform At the beginning of every new year of the Legislature and Congress, the Commission adopts legislative platforms that outline the positions that the Commission will take on various pieces of legislation, administrative policies, and regulations. The platforms allow staff, Commissioners, and Commission lobbyists to communicate in a timely, effective manner with state and federal actors. This year's proposed legislative platforms follow closely with what the Commission adopted in previous years and includes several items have been added or adjusted to reflect policy issues that have arisen in the last year and anticipated to be on the horizon for 2014. Agenda Item 12 236 In previous years, the state and federal platforms were offered as separate documents. However, for the sake of streamlining the platforms have been combined into one comprehensive listing of issues, as many issues are of concern in both Washington and Sacramento. Attachment: 2014 Legislative Platform • • Agenda Item 12 2014 Legislative Platform (State and Federal) Riverside County Transportation Commission OBJECTIVE: Advocate for state and federal policy decisions that enable RCTC to implement Measure A, its adopted plans and programs, and provide for greater mobility, quality of life, and economic vitality in Riverside County. Equity and Fairness • Funding should be distributed equitably to Riverside County. • Governance structures should give equitable voting and decision -making authority to Riverside County. Regional Control • Project selection and planning authority for state/federal funds should be as local as possible, preferably in the hands of the Commission. Oppose efforts by non -transportation interests to assert control over transportation funding. • Policies should be sensitive to each region's unique needs and avoid "one size fits all" assumptions, especially regarding the balance among highways, transit, rail, and freight; and urban, suburban, and rural needs. Protect Our Authority and Revenue • Existing statutory authorities for the Commission should be preserved and protected. • Oppose efforts to infringe on the Commission's revenue sources including, but not limited to, Measure A, tolls, TUMF. Innovation • Support the availability of project delivery tools such as design -build and public -private partnerships by the Commission, the State, federal agencies, and other infrastructure agencies. Oppose efforts to add barriers to effective implementation of such tools. • Support California Transportation Secretary's "California Transportation Infrastructure Priorities (CTIP)" efforts to advance innovation. • Support implementation and expansion of Federal Highway Administration's (FHWA) "Every Day Counts" initiative. Project Delivery Streamlining 238 • Support all efforts to reduce project delivery timelines while maintaining important environmental protections. Support substitution of the California Environmental Quality Act (CEQA) for the National Environmental Protection Act (NEPA). • Support implementation of MAP-21 reforms that create timelines and penalties for delayed reviews by federal agencies. Support further strengthening of timelines, penalties, and requirements for concurrent reviews. Support Council on Environmental Quality (CEQ) pilot programs for monitoring major projects. • Support creation of a low interest loan program to support habitat conservation plans that mitigate the impacts of transportation infrastructure and make project approvals more efficient. • Support efforts to modernize the California Environmental Quality Act (CEQA), including but not limited to: o Reduces the Commission's exposure to litigation o Increases accountability and disclosure for plaintiffs in CEQA cases o Limits courts' ability to invalidate entire CEQA document when a writ of mandate can resolve discreet issues o Exempts illegal actions from CEQA review Accountability • Revenue derived from transportation sources should be spent exclusively on transportation projects. Support measures to strengthen the relationship between transportation revenue and expenditures; oppose measures that weaken them. • Support efforts to ensure that all projects in a voter -approved tax measure are delivered to the public. • Support efforts to prioritize state cap -and -trade revenues for greenhouse -gas -reducing transportation projects. • Encourage the Legislature and Governor to adopt an honest, on time, balanced budget to ensure transportation projects are delivered without delay or costly stoppages. • Promote policies that ensure state and federal agencies are responsive and accountable to Commission concerns when working on Commission projects. • Support robust stakeholder outreach by state and federal governments in any effort to form or reform policy. • Oppose efforts by non -elected, regulatory bodies to dilute, reduce, or withhold transportation funds. • Support maximum transparency by funding agencies in revealing scoring of funding requests. • • 120 • Alignment of Responsibilities Support policies that reflect and recognize self-help counties' supermajority funding contribution to transportation projects in California. Oppose policies that give outsized weight to minority funding partners. • Support policies that provide decision -making authority and flexibility to agencies bearing financial risk for projects. Oppose policies that place, unfunded mandates and other undue burdens and restrictions on agencies that bear financial risk for projects. • Support strong collaborative partnerships with state and federal agencies. • Support efforts by the state and federal governments to improve maintenance and operations of the state highway and interstate systems. Oppose efforts to realign maintenance and operations costs and responsibilities to local or regional agencies. • Oppose efforts by the state legislature to deflect responsibility for voting on revenue for statewide transportation to local voters. Alternatives to Driving Rddesharing • Support incentives to employers that enhance or create transit reimbursement or ridesharing programs. • Oppose new mandates on employers or transportation agencies to provide ridesharing programs, or any efforts that would result in disruption of the Commission's ridesharing program. • Support programs and policies that support investments in new technologies that promote ridesharing, traffic information, and commuter assistance. Active Transportation • Support swift implementation of new Active Transportation Program. • Support maximum regional control of project selection for Active Transportation Projects. Transit & Rail • Support permanent parity in federal law between tax-exempt parking benefits and transit pass benefits offered by employers. • Support incentives for transit agencies that utilize alternative fuels. 240 • Support inclusion and prioritization of Coachella Valley Rail service in the California State Rail Plan and other state planning and funding efforts. Support increases in funding for Capital Improvement Grants for new transit service (New and Small Starts 5309 program) in order to create funding capacity for future rail expansion projects and bus rapid transit service in Riverside County. Support efforts to provide an equitable share of funding to west coast intercity rail systems as compared to the Northeast Corridor. • Support Metrolink's policy needs with regard to implementation of Positive Train Control (PTC). • Support efforts to prioritize High Speed Rail funding for connectivity improvements to existing transit systems in California's urban areas. • Support implementation of SB 1225 (Padilla) which transfers operations of the LOSSAN Corridor to the LOSSAN JPA, of which the Commission is a voting member. • Ensure that the Commission's rights and interests in passenger rail in Southern California are properly respected in state, federal, and regional plans and policies. • Support Riverside Transit Agency and SunLine Transit Agency with legislative concerns impacting their funding and operations. • Support efforts to resolve conflict between the Public Employee Pension Reform Act (PEPRA) and Section 13(c) of the Federal Transit Act to ensure that federal grant funds continue to flow to local transit agencies. • Support efforts to provide for streamlined project delivery for transit projects that fulfill the goals of AB 32 and SB 375, as well as other state and federal air quality mandates and mobility performance measures. Goods Movement • Support recommendations of the House Panel on 21st Century Freight Transportation • Support Congressional action to create a new dedicated funding source for goods movement projects, inasmuch as the funding source: o Has a nexus to the user; o Does not reduce funding to existing highway and transit programs; o Provides funding to California, and Southern California in particular, commensurate with this region and state's significance to interstate goods movement; and o Can be spent on grade separation projects. • Provide input to the National Freight Advisory Committee (NFAC) and California State Freight Advisory Committee. • • • 1n1 • • • Projects Support programs and policies that advantage transportation projects in Riverside County, including but not limited to: • Measure A -funded projects • Grade separations • Transit capital projects and operations by regional and municipal transit agencies • Commuter rail capital projects and operations • Intercity Rail Service to the Coachella Valley • Local streets and road projects sponsored by the county and municipalities • Active Transportation Projects • Expansion and rehabilitation of the state highway system • Interchanges • Safety enhancements • Mitigation of the impacts of goods movement • Connectivity to high-speed rail • Connectivity to commercial airports • Tolled Express Lanes, tolled highways, and related infrastructure and technology Oppose policies that inhibit the efficient, timely delivery of such projects. 242 1 /8/2014 2014 Legislative Program and Platform Riverside County Transportation Commission January 8, 2014 State Legislative Proposals Protecting our Future: • Allow tolling of Zero -Emission Vehicles on 1-15 • Design -build for Transit Projects • Parking Enforcement Authority for RCTC 1 1 /8/2014 1-15 Tolling of Electric Vehicles • Current law prohibits tolling of Zero -Emission Vehicles (ZEVs) — RCTC opposed creation of this law and its extension in 2012 and 2013 • Numerous exemptions are given, leaving 1-15 the only toll facility in California that must comply. • This creates inequity in the law without rationale and against RCTC's long-term interests. 1-15 Tolling of Electric Vehicles Why this is important to RCTC: • Financial uncertainty/risk • State incursion on local revenue/control • Counter to "self-help" model • Counter to spirit of AB 1954 (Jeffries) Staff Recommendation: • Sponsor legislation that exempts RCTC's 1-15 Project from the ZEV tolling prohibition 2 1 /8/2014 Transit Design -Build • Design -build for transit expires this year. • RCTC does not qualify to use design -build for transit, but many similar agencies do. Staff Recommendation: • Seek legislation to extend transit design -build — Add RCTC eligibility to use design -build. Metrolink Station Parking Enforcement • RCTC does not have legal authority to enforce parking rules at its five Metrolink stations; — PVL will add four new stations under RCTC responsibility; • Riverside County stations are the only stations where the owner cannot enforce parking; • Growing ridership = parking demand increasing; 3 1 /8/2014 Metrolink Station Parking Enforcement • RCTC invests $3 million/year in stations — $1 million on security • 2003-13 = 40 percent increase in Metrolink ridership • Riverside Downtown Station: — 1,190 average daily riders 4 only 200 spots available — North Main Corona parking structure = $20,000/space • Issues: Repeat Offenders: — Overnight and Long-term Parking — Non -transit use — Unsafe •assen:er loadin: unloadin: Metrolink Station Parking Enforcement • North County Transit District (San Diego) recently successfully received parking enforcement authority from Legislature. Staff Recommendation: • Sponsor legislation to give RCTC parking enforcement authority at its Metrolink stations 4 1 /8/2014 CEQA Modernization • Prospects for meaningful reform dim in 2014. • Local legislators continue to express interest. • Commissioners continue to express interest. Staff Recommendation: — Assist local legislators develop CEQA proposals, provide resources and expertise. Federal Legislation • MAP-21 Reauthorization — already! — Goods Movement • Passenger Rail Investment & Improvement Act (PRIIA) — Coachella Valley rail 5 1 /8/2014 6