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09 September 10, 2014 Commission
COMM-COMM-00039 Riverside County TransRortinion Commission MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, September 10, 2014 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside ?ye COMMISSIONERS eel Chair— Marion Ashley Vice Chair — Daryl Busch Second Vice Chair — Scott Matas 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 Deborah Franklin / Art Welch, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ella Zanowic / Jeff Hewitt, City of Calimesa Mary Craton / Randy Bonner, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Karen Spiegel / Eugene Montanez, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Adam Rush / Ike Bootsma, City of Eastvale Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Patrick Mullany, 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 Jesse Molina / Yxstian Gutierrez, 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 / To Be Appointed, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Andrew Kotyuk / Scott Miller, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Ben Benoit / Timothy Walker, City of Wildomar Basem Muallem, Governor's Appointee Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. Riverside County Transportation Cansion TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: September 3, 2014 SUBJECT: Possible Conflicts of Interest — Riverside County Transportation Commission Agenda of September 10, 2014 The September 10, 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. 8G — Agreement for Toll Organization Planning Support Services Consultant(s): Cambria Solutions, Inc. 515 S. Flower Street, 36th Floor Los Angeles, CA 90071 Greg Hulsizer, Vice President Agenda Item No. 8H — Agreement with SC Engineering for the Preparation of Consent to Common Use Agreements, Legal Descriptions, and Plats to Reestablish Utility Companies' Prior Rights Relocated by the State Route 74 Widening Project Between Dexter Avenue in the City of Lake Elsinore and 7th Street in the City of Perris and Donation Agreement to Transfer Mitigation Property to the Western Riverside County Regional Conservation Authority Consultant(s): SC Engineering 16096 Chiwi Road Apple Valley, CA 92307 R.S. Chavez, President Agenda Item No. 8K — Agreements for On -Call Coordination Public Outreach Services Consultant(s): Arellano Associates 5851 Pine Avenue, Suite A Chino Hills, CA 91709 Genoveva Arellano, Principal RCTC Potential Conflicts of Interest September 10, 2014 Page 2 Moore lacofano Goltsman, Inc. 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 Esmeralda Garcia, Director of Operations/Senior Project Manager Simon Wong Engineering 3880 Lemon Street, 3rd Floor Riverside, Ca 92501 Marc McIntyre, Vice President Agenda Item No. 10 — Substitution of Letter of Credit for Commercial Paper Program Consultant(s): State Street Bank and Trust Company 1 Lincoln Street Boston, MA 02111 Timothy Batler, Senior Vice President Tara Byerly From: Tara Byerly Sent: Thursday, September 04, 2014 3:58 PM To: Tara Byerly Cc: Jennifer Harmon Subject: RCTC: September Commission Agenda - 09.10.2014 Importance: High Good afternoon Commissioners: The September Commission Agenda for the meeting scheduled for Wednesday, September 10, 2014 @ 9:30 a.m. is available. Please copy the link: http://www.rctc.ors/uploads/media items/september-10-2014.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. Conflict of Conflict of [nterest Memo.pdf Interest Form.pdf 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: Friday, September 05, 2014 6:51 AM To: Tara Byerly Subject: RCTC: September Commission Agenda - 09.10.2014 Good morning Commission Alternates: The September Commission Agenda for the meeting scheduled for Wednesday, September 10, 2014 @ 9:30 a.m. is available: http://www.rctc.org/uploads/media items/september-10-2014.original.pdf Respectfully, Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, September 10, 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 — JUNE 11, 2014 Riverside County Transportation Commission Agenda September 10, 2014 Page 2 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF FEE, BUILDING ACCESS EASEMENT, BUILDING DEMOLITION EASEMENT, PERMANENT DRAINAGE EASEMENT, PERMANENT WALL FOOTING EASEMENT, TEMPORARY ACCESS EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND UTILITY EASEMENT IN PORTIONS OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, AND 118-270-042; 102-270-011; 118-171-040; 118-171-026, AND 118-171-039; 118-171-025; AND 115-060-013, 115-060-015, 117-270-005, AND 117-270-013; 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 property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolution 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 owner. 3) Adopt Resolutions of Necessity Nos. 14-022, 14-028, 14-029, 14-030, 14-031, and Amended Resolution of Necessity 13-011, "Resolutions of Necessity for the Acquisition of Property Interests in Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, and 118-270-042; 102-270-011; 118-171-040; 118-171-026, and 118-171-039; 118-171-025; and 115-060-013, 115-060-015, 117- 270-005, and 117-270-013, 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 September 10, 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. QUARTERLY FINANCIAL STATEMENTS Page 212 Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the year ended June 30, 2014. 8B. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Commission to receive and file the Single Signature Authority report for the fourth quarter ended June 30, 2014. 8C. QUARTERLY SALES TAX ANALYSIS Overview This item is for the Commission to receive and file the sales tax analysis for Quarter 1 2014 (Q1 2014). 8D. QUARTERLY INVESTMENT REPORT Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended June 30, 2014. 8E. ANNUAL INVESTMENT POLICY REVIEW Overview This item is for the Commission to: Page 220 Page 222 Page 231 Page 276 1) Adopt Resolution No. 14-015, "Resolution of the Riverside County Transportation Commission Regarding the Revised Investment Policy"; and 2) Adopt the Annual Investment Policy. Riverside County Transportation Commission Agenda September 10, 2014 Page 4 8F. CALPERS DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS Overview This item is for the Commission to: Page 291 1) Designate the Chief Financial Officer, Deputy Executive Director, and Finance Manager/Controller to request disbursements from the CaIPERS pre -funding plan; and 2) Authorize the Chair to execute the Delegation of Authority to Request Disbursements. 8G. AGREEMENT FOR TOLL ORGANIZATION PLANNING SUPPORT SERVICES Overview This item is for the Commission to: Page 293 1) Award Agreement No. 14-31-155-00 to Cambria Solutions, Inc. (Cambria) for toll organization planning support services in the amount of $218,840, plus a contingency amount of $31,160, for a total amount not to exceed $250,000; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work as may be required for the project. 8H. AGREEMENT WITH SC ENGINEERING FOR THE PREPARATION OF CONSENT TO COMMON USE AGREEMENTS, LEGAL DESCRIPTIONS, AND PLATS TO REESTABLISH UTILITY COMPANIES' PRIOR RIGHTS RELOCATED BY THE STATE ROUTE 74 WIDENING PROJECT BETWEEN DEXTER AVENUE IN THE CITY OF LAKE ELSINORE AND 7TH STREET IN THE CITY OF PERRIS AND DONATION AGREEMENT TO TRANSFER MITIGATION PROPERTY TO THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY Page 326 Overview This item is for the Commission to: 1) Award Agreement No. 14-31-163-00 to SC Engineering for engineering services for the preparation of consent to common use agreements (CCUAs), legal descriptions, and plat maps to establish utility easements for utilities with prior rights relocated by the State Route 74 widening project between Dexter Avenue in the city of Lake Elsinore and 7th Street in the city of Perris, for an amount of $134,358, plus a contingency amount of $13,450, for a total amount not to exceed $147,808; Riverside County Transportation Commission Agenda September 10, 2014 Page 5 2) Approve the Donation Agreement No. 15-31-018-00 between the Commission and the Western Riverside County Regional Conservation Authority (RCA) granting land acquired for mitigation purposes on the SR-74 widening project; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, on behalf of the Commission; 4) Authorize the Executive Director to approve release of contingency work up to the total authorized amount as may be required for the project; and 5) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect non -funding changes related to the project on behalf of the Commission. 81. QUITCLAIM DEED CONTAINING COVENANTS AND RESTRICTIONS INCLUDING A POWER OF TERMINATION AND THE OPTION TO PURCHASE AGREEMENT FOR THE OLD ELSINORE MUSEUM LINE Page 373 Overview This item is for the Commission to: 1) Approve the quitclaim deed containing covenants and restrictions including a power of termination (quitclaim deed) and the option to purchase agreement (agreement) between the Commission and the city of Perris for the Old Elsinore Museum Line (OEML) as well as the area between 7th and 10th Streets (conveyed properties); and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the quitclaim deed and the agreement on behalf of the Commission. 8J. AGREEMENT WITH M. S. CONSTRUCTION MANAGEMENT GROUP FOR THE CONSTRUCTION OF THE RIVERSIDE DOWNTOWN STATION OPERATIONS CONTROL CENTER, IN THE CITY OF RIVERSIDE Page 389 Overview This item is for the Commission to: 1) Award Agreement No. 14-31-149-00 to M. S. Construction Management Group for the construction of the Riverside Downtown Station Operations Control Center (RDNOCC), in the amount of $1,533,891, plus a contingency amount of $153,389, for a total amount not to exceed $1,687,280; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Amend the FY 2014/15 Commuter Rail Short Range Transit Plan (SRTP) to allocate an additional $250,000 of Transportation Development Act (TDA) State Transit Assistance (STA) funds for construction of the RDNOCC; Riverside County Transportation Commission Agenda September 10, 2014 Page 6 4) Reprogram $100,000 of STA funds from the Perris Multimodal project to the RDNOCC; 5) Approve an increase of $737,280 in FY 2014/15 budgeted expenditures for the RDNOCC project; 6) Approve an increase of $350,000 in FY 2014/15 budgeted transfer in to the RDNOCC and corresponding transfer out from the STA fund; and 7) Authorize the Executive Director to approve contingency work as may be required for the project. 8K. AGREEMENTS FOR ON -CALL COORDINATION PUBLIC OUTREACH SERVICES Overview This item is for the Commission to: Page 398 1) Award the following agreements to provide on -call coordination public outreach services for a three-year term and two one-year options to extend the agreement in an amount not to exceed an aggregate value of $500,000; a) Agreement No. 14-31-118-00 with Arellano Associates; b) Agreement No. 14-31-119-00 with Moore lacofano Goltsman, Inc. (MIG); and c) Agreement No. 14-31-120-00 with Simon Wong Engineering, Inc.; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to execute task orders awarded to contractors under the terms of the agreements. 8L. RIVERSIDE TRANSIT AGENCY'S FISCAL YEAR 2014/15 SHORT RANGE TRANSIT PLAN AMENDMENT Overview This item is for the Commission to: Page 421 1) Approve modification to Riverside Transit Agency's (RTA) FY 2014/15 capital improvement program to reflect additional funding of $4,125,000 in Congestion Mitigation and Air Quality (CMAQ) and $911,880 in FY 2012/13 Proposition 16 California Transit Security Grant Program (CTSGP) funds; 2) Allocate $998,101 in additional State Transit Assistance (STA) funds to provide capital matching funds for the CMAQ funds awarded to RTA for its Intelligent Information System (ITS) project; 3) Reallocate $1,163,866 of Local Transportation Fund (LTF) funds from the ITS project to the Expansion Heavy Duty Revenue Vehicles project; and Riverside County Transportation Commission Agenda September 10, 2014 Page 7 4) Approve RTA's FY 2014/15 Short Range Transit Plan (SRTP) Amendment No. 1 to reflect the changes above, subject to approval by RTA's board of directors. 8M. CITIZENS ADVISORY COMMITTEE/SOCIAL SERVICES TRANSPORTATION ADVISORY COMMITTEE MEMBERSHIP NOMINATIONS Page 425 Overview This item is for the Commission to nominate 10 appointments to the Citizens Advisory Committee/Social Services Transportation Advisory Committee (CAC/SSTAC) effective September 1, 2014. 8N. FISCAL YEAR 2014/15 SAN BERNARDINO ASSOCIATED GOVERNMENTS AGREEMENT FOR INLAND EMPIRE RIDESHARE AND 511 SERVICES Overview This item is for the Commission to: Page 428 1) Approve Agreement No. 15-41-031-00 with the San Bernardino Associated Governments (SANBAG) as part of the Commission's continuing bi-county partnership with SANBAG to deliver commuter/employer rideshare services and operation of the Inland Empire 511 (IE511) system for FY 2014/15 for an amount not to exceed $1,648,300; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 80. CLAY STREET GRADE SEPARATION Overview This item is for the Commission to: Page 447 1) Deobligate $2,432,000 in 2009 Measure A Western County Economic Development Funds previously allocated to the County of Riverside (County) for the Interstate 215/Van Buren Interchange project; 2) Reprogram $2,432,000 in 2009 Measure A Western County Economic Development Funds to the County for the Clay Street grade separation project; 3) Approve Agreement No. 08-31-124-00, Amendment No. 1 to Agreement No. 08-31-124-00, with the County for the I-215/Van Buren Interchange project and the Clay Street grade separation project; 4) Deobligate $1,722,000 in Congestion Mitigation Air Quality (CMAQ) funds allocated to the city of Banning (Banning) for the Sunset Avenue grade separation project; Riverside County Transportation Commission Agenda September 10, 2014 Page 8 5) Allocate $1,722,000 in CMAQ funding to the County in support of the Clay Street grade separation project; and 6) Approve an increase of $2,432,000 in FY 2014/15 budgeted 2009 Measure A Western County Economic Development expenditures. 8P. STATE AND FEDERAL LEGISLATIVE UPDATE Page 449 Overview This item is for the Commission to receive and file an update on the state and federal legislation. 9. SUBSTITUTION OF STANDBY BOND PURCHASE AGREEMENTS FOR 2009 SALES TAX REVENUE BONDS Overview This item is for the Commission to: 458 1) Adopt Resolution No. 14-026, "Resolution of the Riverside County Transportation Commission Authorizing the Execution and Distribution of an Offering Memorandum Relating to the Outstanding Sales Tax Revenue Bonds, Ratifying Prior Authorizations of the Execution and Delivery of One or More Standby Agreements and One or More Remarketing Agreements, and Authorizing the Taking of All Other Actions Necessary in Connection Therewith"; 2) Ratify the replacement of the standby bond purchase agreements (SBPAs) and accompanying fee letters (collectively referred to as Liquidity Facilities) for the 2009 Sales Tax Revenue Bonds Series A, Series B, and Series C (2009 Bonds) with The Bank of Tokyo -Mitsubishi UFJ, Ltd. (BTMU) in place of the Liquidity Facilities currently provided by JPMorgan Chase Bank, N.A. (WMorgan); 3) Ratify the amended and restated remarketing agreements with Barclays Capital Inc. (Barclays) for 2009 Bonds Series B and Series C and Stifel, Nicolaus & Company (Stifel) for 2009 Bonds Series A, as remarketing agents; 4) Approve the draft remarketing memorandum related to the new Liquidity Facilities for the 2009 Bonds and authorize the Executive Director and/or other authorized representative to approve distribution of the remarketing memorandum by Barclays and Stifel; and 5) Approve the estimated costs of $250,000 to be incurred in connection with the replacement of the Liquidity Facilities to be paid from 2009 Measure A Western County Bond Financing Program funds. Riverside County Transportation Commission Agenda September 10, 2014 Page 9 10. SUBSTITUTION OF LETTER OF CREDIT FOR COMMERCIAL PAPER PROGRAM Overview This item is for the Commission to: Page 635 1) Approve Agreement No. 14-19-150-00 to State Street Bank and Trust Company (State Street Bank) for letter of credit (LOC) in the stated amount of $60.75 million related to the 2005 Commercial Paper Program for a period of three years, in an amount not to exceed $600,000; 2) Adopt Resolution No. 14-027, "Resolution of the Riverside County Transportation Commission Ratifying and Confirming Prior Authorization Relating to Its Commercial Paper Notes, Including the Execution and Delivery of a Substitute Credit Agreement and Related Documents, and a Supplement to Offering Memorandum and the Taking of All Other Actions Necessary in Connection Therewith"; 3) Ratify the draft reimbursement agreement and accompanying fee letter for the provision of a letter of credit (collectively referred to as Liquidity Facility) by and between the Commission and State Street Bank relating to the Commission's Commercial Paper Notes, Series A and authorization for the Executive Director and/or other authorized representative to approve and execute the final reimbursement agreement; 4) Approve the draft supplemental offering memorandum related to the new Liquidity Facility for the Commercial Paper Notes, Series A and authorize the Executive Director and/or other authorized representative to approve distribution of the supplement to the offering memorandum by Barclays Capital Inc. (Barclays), as commercial paper dealer; and 5) Approve the estimated costs of $200,000 related to the replacement of the Liquidity Facility to be paid from 2009 Measure A Western County Bond Financing Program funds. 11. ACTIVE TRANSPORTATION PROGRAM — RECOMMENDED STATEWIDE COMPETITIVE PROGRAM OF PROJECTS AND PROPOSED PROJECTS FOR THE METROPOLITAN PLANNING ORGANIZATION ACTIVE TRANSPORTATION PROGRAM REGIONAL PROGRAM CYCLE 1, FISCAL YEARS 2014/15 AND 2015/16 Page 750 Overview This item is for the Commission to: 1) Approve the staff recommendation for the Riverside County Active Transportation Program (ATP) projects for inclusion in the Metropolitan Planning Organization (MPO) ATP Regional Program Cycle 1 consisting of the top seven highest scoring projects identified in Table 2; 2) Submit the seven projects to the Southern California Association of Governments (SCAG) for inclusion in the MPO ATP Regional Program; and Riverside County Transportation Commission Agenda September 10, 2014 Page 10 3) Direct staff to work with SCAG and the other county transportation commissions on assigning the appropriate fund source to each MPO ATP regional project for Federal Transportation Improvement Program (FTIP) programming, fund allocations, and timely project delivery. 12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 13. 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. 14. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, October 8, 2014, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL SEPTEMBER 10, 2014 Present Absent County of Riverside, District I 21. O County of Riverside, District II County of Riverside, District III County of Riverside, District IV County of Riverside, District V O City of Banning City of Beaumont City of Blythe O O O City of Calimesa O City of Canyon Lake City of Cathedral City City of Coachella City of Corona )2' O ,i2r O O gr x O City of Desert Hot Springs City of Eastvale CI City of Hemet 219 O City of Indian Wells O City of Indio CI City of Jurupa Valley C City of La Quinta O City of Lake Elsinore C City of Menifee O City of Moreno Valley C City of Murrieta O City of Norco O City of Palm Desert City of Palm Springs O C City of Perris � 0 City of Rancho Mirage O City of Riverside O City of San Jacinto CI ,7i City of Temecula 0 O City of Wildomar 0 O Governor's Appointee, Caltrans District 8 O RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET SEPTEMBER 10, 2014 NAME AGENCY E_MAIL ADDRESS ---Dj:b10--( b-a.x-l4 ;u O Arn n )101 ��-'A_ _ 0 6At-L 0 I-�� � �-r /? 2 � �/o t/,�.� � �J 14.Q W- I Iv � Al Jf- /1 � t. c-o / •ra/y\4 �'v1��s)1-�. 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Fe--)/ELL,o.�I k, DETACH AND SUBMIT TO THE CLERK OF THE BOARD DATE: CHECK 1 PUBLIC COMMENTS: O AGENDA ITEM NO.: (AS LISTED ON THE AGENDA) NAME: ADDRESS: SUBJECT OF PUBLIC COMMENTS: SUBJECT OF /11-zgli/g.e9,, .z/_,"6-4,,,,Y0,-,L_ AGENDA ITEM: , / 0,/� � �/,0,\. /79 //%G�IG�y �L��--� L;���;vl�v PHONE NO.:77 /--r /z 9'5.4 _ 9 2 ( /z/ Airo/Ay STREET REPRESENTING: .,/���i � A„#.9 NAME OF AGENCY / ORGANIZATION / GROUP CITY ZIP CODE '___- PHONE NO.: BUSINESS ADDRESS: STREET CITY ZIP CODE DATE: DETACH AND SUBMIT TO THE CLERK OF THE BOARD (1 1 1 t-Y4 CHECK IF PUBLIC COMMENTS: O SUBJECT OF PUBLIC COMMENTS: AGENDA ITEM NO.: SUBJECT OF (AS LISTED ON THE AGENDA) NAME: ADDRESS: AGENDA �ITEM: nc� �p1C��)_..17 PHONE O �v S`1`'�Pf- C,cSa-dn7Q d\w U S rp t12 et crn3 STREET _ C ZIP CODE REPRESENTING: (© PC(514 Isixtuin-E c ` NAME OF AGENCY / ORGANIZATION / GROUP PHONE NO.: BUSINESS ADDRESS: STREET CITY ZIP CODE AGENDA ITEM 5 MINUTES RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, June 11, 2014 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Marion Ashley at 9:35 a.m. in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE Chair Ashley led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Marion Ashley Kevin Jeffries Ben Benoit Frank Johnston John J. Benoit Andrew Kotyuk Roger Berg Paul Lewin Daryl Busch Bob Magee Mary Craton Scott Mann Joseph DeConinck Scott Matas Kathleen DeRosa Glenn Miller Deborah Franklin Jesse Molina Rick Gibbs Basem Muallem Berwin Hanna Ron Roberts Douglas Hanson Larry Smith Jan Harnik Karen Spiegel Terry Henderson Ella Zanowic Steven Hernandez 4. PUBLIC COMMENTS Commissioners Absent Steve Adams Adam Rush Jeff Stone John F. Tavaglione Ted Weill Executive Director Anne Mayer presented Staff Analyst Jillian Guizado with a 5-year service award and Multimodal Services Director Robert Yates with a 10-year service award. Chair Ashley introduced and welcomed Kevin Chang from Senator Feinstein's office. Riverside County Transportation Commission Minutes June 11, 2014 Page 2 5. APPROVAL OF MINUTES — APRIL 9 AND MAY 14, 2014 M/S/C (Henderson/Zanowic) to approve the April 9 and May 14, 2014, minutes as submitted. Abstain: Berg, Lewin, and, Smith 6. PUBLIC HEARING — ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, BUILDING ACCESS EASEMENT, BUILDING DEMOLITION EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, AND 118-270-042 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 Ashley recused himself from Agenda Item No. 6 due to a conflict of interest and stepped out of the meeting. At this time, Commissioner Glenn Miller left the meeting. Vice Chair Daryl Busch assumed the Chair, 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 No. 14-022 for the acquisition of real property 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 resolution 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. The Commission received a written objection from Michael Leifer, Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, representing Cardenas Markets, a tenant of the Corona Towne Center, LLC. Additionally, there are two requests to be heard from: 1) Michael Leifer; and 2) Richard Greenberg, Greenberg, Whitcombe, Takeuchi, Gibson & Grayver, LLP, representing Corona Towne Center. Riverside County Transportation Commission Minutes June 11, 2014 Page 3 No. APN CPN Owner RON No. Request to be Heard 1 118-270-034 118-270-035 118-270-036 118-270-038 118-270-039 118-270-042 22218 Corona Towne Center, LLC 14-022 Yes Mark Lancaster, Right of Way Manager, presented the resolution of necessity for the SR-91 CIP and discussed the following areas: • Four findings required by the Board; • Project Map — Parcel location in the project area; • Parcel list; • Offers of just compensation and contact summary for the parcel; • Aerial view of parcel; and • Staff recommendation. Richard Greenberg stated the manner in which the project was designed virtually guarantees this center cannot continue to serve the city of Corona. He discussed his strong concerns regarding the proposed ingress and egress points as well as parking. He stated no solutions have been offered. Michael Leifer discussed his client's concerns regarding orientation and shape of the center in the after condition, parking, removal of access points, and lack of communication. He then discussed his client's proposal and objections dated June 10, which were distributed to the Commissioners. He requested the Commission direct staff to work with Cardenas Markets to reconfigure this site to be commercially viable. He stated there is a second resolution of necessity being proposed related to this property and this resolution hearing should be continued until the other resolution is brought forward. Vice Chair Busch called on any persons who wish to be heard that have an interest in property. There were no requests to speak. At Commissioner Jan Harnik's request for clarification, Michael Leifer provided additional details regarding the reconfiguration proposal from Cardenas Markets related to parking and ingress and egress points. In response to Commissioner Mary Craton's question regarding what is preventing Cardenas Markets from moving forward with its proposal, Mr. Leifer replied the Commission is economically stopping Cardenas Markets. Riverside County Transportation Commission Minutes June 11, 2014 Page 4 Vice Chair Busch stated compensation is not a part of this hearing. Mr. Leifer reiterated the request to direct staff to work with Cardenas Markets to reconfigure this site to be commercially viable and the concern regarding the lack of communication. Commissioner Craton stated the Commission needs a certain portion of the property for the project, however, the Commission should not interfere with the internal process. Mr. Leifer stated the site study plan was submitted to the Commission and the city of Corona; however, there has been no communication as to what would be acceptable to the Commission. This also interferes with reconfiguring this site in such a way that it becomes the highest and best use as a conventional retail center. Anne Mayer stated when there is a need for mitigation on a parcel due to impacts created by a project, the Commission does undertake those efforts and described those types of modifications. Mark Lancaster stated the Commission is not preventing the property owner from internally reconfiguring this site. Staff has not received an appraisal from the property owner to begin a basis for negotiations. He stated the property owner requested the Commission purchase the entire site. He expressed concern the Cardenas Markets' proposal was just received yesterday evening, however, Mr. Leifer claimed it was received months ago. He explained staff is willing to work with Cardenas Markets and Corona Towne Center to achieve a viable site. At Anne Mayer's request, Mark Lancaster clarified the after condition of the parcel. Commissioner Roger Berg expressed his concern the project is not planned and located in a manner that will be the most compatible with the greatest public good and least private injury. He also expressed concern regarding the loss of parking, the after condition, and a lack of consideration for the proposed reconfiguration to ensure a viable site. Commissioner Berg suggested delaying this hearing for a month to obtain additional information. Mark Lancaster discussed the location of the parking spaces in the after condition. Anne Mayer stated the Commission is responsible for the four findings, however, the discussion being held is about to the internal circulation and configuration of the buildings in the remainder parcel. She stated this project is planned in a manner that will be most compatible with the greatest public good and the least private injury. She stated with respect to the internal configuration, the internal mitigation is a matter of how the Commission can accommodate it and how much it costs. Riverside County Transportation Commission Minutes June 11, 2014 Page 5 Commissioner Berg replied he understands and clarified the question is the offer of just compensation as there is nothing showing the Commission evaluated the proposal being discussed. He expressed doubt the Commission made an offer of just compensation. Mark Lancaster replied per the government code, staff made an offer of just compensation based on the Commission's appraisal on January 7, 2014. In response to Commissioner Berg's request for clarification if the just compensation included the consideration of lost parking spaces and possible reconfiguration of the site, Mark Lancaster replied the reconfiguration of a parking lot was looked at by a Commission's engineering consultant. Commissioner Berg expressed he does not believes an engineering consultant is qualified to make commercial real estate recommendations. Steve DeBaun explained this is a legal issue as it is a term of the Commission's offer of just compensation and in this case, the Commission's appraiser is qualified to prepare commercial property appraisals. The government code procedures were followed to make an offer of just compensation. In response to Anne Mayer's question if the property owner was offered $5,000 to have its own appraisal done and if a request has been received, Mark Lancaster confirmed the offer, however, he is not aware of a request. Anne Mayer briefly discussed the acquisition process and stated staff will reiterate the offer of $5,000 to pay for an additional appraisal, noting negotiations will continue after the passage of the resolution of necessity. Mark Lancaster concurred. At Commissioner Andrew Kotyuk's request, Mark Lancaster described all access points of the Corona Towne Center in the after condition. Commissioner Kotyuk expressed appreciation for the explanation. He concurred with the Commissioners' concerns related to parking and frontage for retail locations. He then requested clarification if Cardenas Markets and the property owner discussed and concur with the proposed reconfiguration. Mark Lancaster replied he is unaware of the conversations between the property owner and the tenant. Riverside County Transportation Commission Minutes June 11, 2014 Page 6 Commissioner Kevin Jeffries requested transparent shading on future aerial maps to allow for a better understanding of the existing property to be acquired. He then requested clarification of the existing and proposed ingress and egress points for the shopping center, including signalization, one-way driveways, and commercial delivery trucks. Mark Lancaster described the various existing and proposed ingress and egress points, including projected traffic volumes, access issues, commercial delivery truck access, signalization, and controlled access points. At Commissioner Jeffries' request regarding the loss of parking, Mark Lancaster explained there is a decrease of 138 parking spaces, eight or nine shops will be demolished as well as the Dollar Tree. Mr. Lancaster stated that loss in square footage of building area results in a 2.91 spaces per 1,000 square feet of building, which is similar to the existing 3.14 spaces per 1,000 square feet. In response to Commissioner Jeffries' request for clarification if any business that needs a 3 or above will not be allowed to move into the shopping center going forward, Mark Lancaster replied it is the city of Corona's discretion. Anne Mayer added there is nothing that precludes staff from continuing conversations with Ca!trans and the city of Corona about accommodating one-way driveways. At this time, Commissioner John Benoit left the meeting. Commissioner Bob Magee stated based on the information presented, he cannot make the findings necessary to adopt the resolution of necessity. He expressed Cardenas Markets is an exceptional community partner. He suggested continuing this hearing to allow staff to work with Cardenas Markets and the property owner and return to the Commission with an improved map of the overall design and justification regarding the need and design of 2nd Street. M/S (Magee/Berg) to continue this hearing until the July Commission meeting to allow staff to continue discussions with Cardenas Market and the property owner and return to the Commission with an improved map that clearly illustrates how the overall SR-91 CIP will work. Anne Mayer expressed regret for the aerial map and lack of clarity of what is being built and why it is being built. She explained staff will continue to work through these issues, however, the Commission needs this parcel and the design for 2nd Street and the ramps will not change. Ms. Mayer expressed concern this is a significant parcel for the Commission and a delay will jeopardize the schedule and the design -build contract. Riverside County Transportation Commission Minutes June 11, 2014 Page 7 In response to Commissioner Hanson's questions and requests for clarification regarding 1) negotiations and relocation of lessees being removed, 2) communications and relocation of Cardenas Markets, and 3) the possession process, Mark Lancaster replied 1) staff met and negotiated with the lessees to be removed and those lessee were paid to relocate, 2) while it is appropriate to meet with Cardenas Market, the Commission is obligated to negotiate with the property owner, and 3) unless the owners will stipulate to possession, the Commission must go to court and then described the process. Commissioner Hanson expressed strong concern for the potential damage to the property owner and lessees. Steve DeBaun explained at the time the order for possession is issued, that is an action based on the resolution of necessity. When the value of the property is determined, the various items will be considered by the court, the property owner and tenants will be able to make those arguments, and the court will decide the compensation needed to be paid to all involved assuming there is no earlier settlement to offset the impacts being raised. In response to Commissioner Kathleen DeRosa's request for clarification regarding another resolution coming forward for this property, Mark Lancaster stated Mr. Leifer is referring to an easement for a sign pole along the existing eastbound Lincoln Avenue on ramp, which will be brought to the Commission for approval in July and is separate from the resolution being considered. Commissioner Karen Spiegel expressed the need to work together for the best solution. She stated the after condition of the shopping center provides significantly greater visibility of Cardenas Markets. She expressed her obligation is with the property owner and her desire to work with Cardenas Markets to ensure it is made whole. She then asked if the property owner is supportive of Cardenas Markets' proposed reconfiguration. Anne Mayer expressed concern of the uncertainty that these issues could all be resolved by the next Commission meeting, therefore, it is her recommendation to continue with a commitment staff will work throughout the coming months for resolution. Commissioner Spiegel stated the majority of parking spaces appear to be intact and asked staff to clarify. Mark Lancaster concurred. Commissioner Lewin requested clarification that the property owner is not asking for the reconfiguration; it is being asked for by the tenant. Mark Lancaster concurred. Riverside County Transportation Commission Minutes June 11, 2014 Page 8 Mr. Leifer replied the correspondence dated March 15, 2013, from Mr. Greenberg's office to the city of Corona, which is in the packet distributed to the Commissioners, identifies issues and concerns regarding the project and the landlord's support of the reconfiguration of the internal site. Commissioner Lewin replied he does not believe the landlord's representative stated such at today's hearing. Mr. Greenberg replied that in his discussions with staff, he expressed two concerns, including the new ingress and egress points. While visibility would be improved from the north, the concern is not for Cardenas Markets, it is for the small shop owners. Mr. Greenberg stated in a shopping center, the revenue comes from the smaller shops. He explained moving Cardenas Market solves one major concern of the property owner. However, the 83 parking stalls to the rear of the market are a security concern. Additionally, relocating Cardenas Markets frees up 28 percent of the useless parking spaces. Mr. Greenberg endorses Cardenas Markets' proposal if it is a step towards solving the ingress and egress points along Lincoln Avenue. He expressed he would appreciate the opportunity to continue working with staff on these issues. Commissioner Rick Gibbs discussed the Commission's successful history related to property acquisitions, its ongoing confidence and support of its staff, its commitment to the SR-91 CIP, and the consequences of falling behind on the project schedule. He expressed the Commission should be discussing the finding necessary to adopt the resolution, which he believes have been demonstrated. He recommended moving forward and asked staff to work closely with all parties concerned to reach a solution. Commissioner Harnik expressed appreciation for Mr. Greenberg's and Commissioner Gibbs' comments. She then made a substitute motion to approve the staff recommendation with the understanding staff will continue to work with the parties involved to achieve the best solution. Commissioner Henderson seconded the motion. Vice Chair Busch stated the Commissioners will vote on the substitute motion to support the staff recommendation. Mr. DeBaun stated this is typical and it requires 23 votes to pass. M/S (Harnik/Henderson) to: 1) 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; Riverside County Transportation Commission Minutes June 11, 2014 Page 9 c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the owner. 2) Adopt Resolution of Necessity No. 14-022, "Resolution of Necessity for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270- 038, 118-270-039, and 118-270-042 (CPNs 22218-1, 22218-2, 22218-3, 22218-4, 22218-5, 22218-6, and 22218-7) 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. No: Berg, DeConinck, Jeffries, and Magee Steve DeBaun announced the resolution does not pass. He clarified the resolutions of necessity requires a 2/3 vote of the entire membership of the Commission as required to adopt the resolution of necessity. He stated the next order of business is to consider the original motion by Commissioner Magee, which is to continue the agenda item until the July Commission meeting. M/S (Magee/Berg) to continue this hearing until the July Commission meeting to allow staff to continue discussions with Cardenas Market and the property owner and return to the Commission with an improved map that clearly illustrates how the overall SR-91 CIP will work. Yes —10 No-15 Vice Chair Busch announced the motion does not pass. Commissioner Henderson recommended moving forward with the staff recommendation with the understanding there will be continuing discussions between the owner and staff to reach a solution that work for both parties. Mr. DeBaun clarified there is nothing in the Commission's Administrative Code that prohibits the Commission from voting on the same measure twice if the first vote fails. In response to Commissioner Lewin's request for clarification, Mr. DeBaun stated the absent Commissioners are considered 'no' votes. Riverside County Transportation Commission Minutes June 11, 2014 Page 10 M/S (Henderson/Smith) to: 1) 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 owner. 2) Adopt Resolution of Necessity No. 14-022, "Resolution of Necessity for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, and Temporary Construction Easement Interests in Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270- 038, 118-270-039, and 118-270-042 (CPNs 22218-1, 22218-2, 22218-3, 22218-4, 22218-5, 22218-6, and 22218-7) 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. No: Berg, DeConinck, DeRosa, Jeffries, Magee, and Molina M/S/C (DeRosa/Matas) to continue this hearing to the July Commission meeting. Yes —13 No-12 Vice Chair Busch announced this motion passes and this hearing will be continued to the July Commission meeting. The individual city votes were not captured due to the voting system being cleared prior to the votes being recorded. At this time, Commissioners Ashley and Miller rejoined the meeting. Riverside County Transportation Commission Minutes June 11, 2014 Page 11 7. PUBLIC HEARING — PROPOSED BUDGET FOR FISCAL YEAR 2014/15 Michele Cisneros, Finance Manager/Controller, presented the proposed Budget for FY 2014/15 and discussed the following areas: • Budget adjustments; • Budget summary; • Funding sources and comparison; • Summary of uses; • Management services; • Regional programs; • Capital program uses; • Capital projects and operations expenditures and highlights; • Functional uses breakdown; • Measure A Management Services; and • Next steps. At this time, Chair Ashley asked if there were any comments from the public. No comments were received. Chair Ashley closed the public hearing. In response to Commissioner Henderson's question about the anticipated growth in sales tax, Michele Cisneros clarified the Commission received a projection of 6.25 percent increase in sales tax for Riverside County from the State Board of Equalization. M/S/C (Busch/B. Benoit) to: 1) Receive input on the proposed Budget for FY 2014/15; 2) Close the public hearing on the proposed Budget for FY 2014/15; and 3) Adopt the proposed Budget for FY 2014/15. 8. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 9. CONSENT CALENDAR Commissioner Berg requested to pull Agenda Item 9C, "Recurring Contracts for Fiscal Year 2014/15", for further discussion. Commissioner Kotyuk requested to pull Agenda Item 9D, "Quarterly Investment Report", for further discussion. M/S/C (Johnston/Franklin) to approve the following Consent Calendar items. Riverside County Transportation Commission Minutes June 11, 2014 Page 12 9A. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the nine months ended March 31, 2014. 9B. APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014/15 Approve Resolution No. 14-020, "Resolution of the Riverside County Transportation Commission Establishing the Commission's Appropriations Limit for Fiscal Year 2014/15". 9E. CONSTRUCTION AGREEMENT WITH DALKE & SONS CONSTRUCTION, INC. FOR STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RIGHT OF WAY PROPERTY MITIGATION PACKAGE 4 1) Award Agreement No. 14-31-103-00 to Dalke & Sons Construction, Inc. (Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project (SR-91 CIP) Right of Way (ROW) Property Mitigation Package 4 in the amount of $2,868,480, plus a contingency amount of $286,848, for a total amount not to exceed $3,155,328; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work pursuant to the agreement terms up to the total amount. 9F. STATE ROUTE 60 TRUCK CLIMBING/DESCENDING LANE PROJECT — PLANS, SPECIFICATIONS, AND ESTIMATE AND RIGHT OF WAY 1) Approve Agreement No. 12-31-092-02, Amendment No. 2 to Agreement No. 12-31-092-00, with Caltrans to add the plans, specifications and estimate (PS&E) and right of way (ROW) roles and responsibilities for the State Route 60 truck climbing lane project, including current funding commitments; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director, pursuant to legal counsel review, to execute future agreements with Caltrans within approved funding amounts. Riverside County Transportation Commission Minutes June 11, 2014 Page 13 9G. PERRIS VALLEY LINE — RIVERSIDE HUNTER PARK STATION UTILITY EASEMENT 1) Approve the Easement Deed between the Commission and the city of Riverside, for Assessor Parcel Number (APN) 249-070-042, for underground utilities necessary for the future Riverside Hunter Park Station without any monetary compensation exchanged between the parties; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the deed on behalf of the Commission. 9H. RIVERSIDE TRANSIT AGENCY AND SUNLINE TRANSIT AGENCY FISCAL YEAR 2013/14 SHORT RANGE TRANSIT PLANS AMENDMENTS 1) Approve modifications to Riverside Transit Agency's (RTA) FY 2013/14 operating assistance program to cover additional costs for the following: a) three new positions ($78,970); b) new DAR contractor, Veolia Transportation (Veolia) ($505,162); and c) Comprehensive Operational Analysis (COA) study ($144,432) for a total amount not to exceed $728,564 to be funded with a combination of Local Transportation Fund (LTF) funds, Measure A, and Federal Transit Administration (FTA) Sections 5307, 5309, 5316 (Job Access Reverse Commute), 5317 (New Freedom), and 5309 carryover funds; 2) Approve modifications to SunLine Transit Agency's (SunLine) FY 2013/14 capital improvement program to reflect an additional $4,251,307 in FTA CalStart Section 5309 funds and $900,000 in California Energy Commission (CEC) matching funds for a new battery dominant fuel cell bus project; 3) Change the scope of SunLine's programmed four replacement paratransit vans funded with State Transit Assistance (STA) to two replacements and two expansion vehicles for the provision of paratransit service with no additional cost; 4) Allocate $60,583 in LTF funds to cover the needed funds resulting from the personnel and operating changes outlined above; and 5) Approve amendments to the RTA and SunLine FY 2013/14 Short Range Transit Plans (SRTP) to reflect the changes above. 91. FISCAL YEARS 2014/15 — 2016/17 SHORT RANGE TRANSIT PLANS Approve, in concept, the FYs 2014/15 — 2016/17 Short Range Transit Plans (SRTPs) for the cities of Banning, Beaumont, Corona, and Riverside, Palo Verde Valley Transit Agency (PVVTA), Riverside Transit Agency (RTA), SunLine Transit Agency (SunLine), and the Commission's Rail Program, as presented. At this time, Commissioners Gibbs and Scott Mann left the meeting. Riverside County Transportation Commission Minutes June 11, 2014 Page 14 10. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2014/15 Sheldon Peterson, Rail Manager, welcomed and introduced Metrolink CEO Michael DePallo and Metrolink CFO Sam Joumblat. He provided the recommendations for Commission approval and stated Mr. Joumblat will present the proposed Metrolink Budget for FY 2014/15. Sam Joumblat presented the proposed Metrolink Budget for FY 2014/15, highlighting the following areas: • Preliminary FY 2014/15 Metrolink Budget; • FY 2014/15 Budget themes — safety, reliability and on -time performance, and security; • Original budget assumptions and changes to the preliminary FY 2014/15 Budget; • Expense Allocation by member agency; • Key drivers for FY 2014/15 expense budget; and • Revenue allocation and subsidy by member agency. Anne Mayer explained at the San Bernardino Associated Governments (SANBAG) June Board of Directors meeting, the Board refused to approve the budget at 8.8 percent increase and will cap it at 3 percent. She asked if San Bernardino County is cutting service due to its shortage of contribution. Mr. Joumbalt replied it was suggested SANBAG reduce service specifically on the San Bernardino Line since the other member agencies seemed to be satisfied with the budget. The Metrolink Technical Advisory Committee will meet June 12 to discuss. Anne Mayer stated neither Commission staff nor any of the other agencies staff are willing to volunteer to cover SANBAG's share of the cost. In response to Commissioner Kotyuk's clarification SANBAG's approval of 3 percent is without a cut in service, Mr. Joumbalt replied correct. Commissioner Spiegel briefed the Commissioners on the Metrolink Board discussions regarding its budget and the Commission's and other member agencies concerns. She expressed the Metrolink Board should not have the member agencies cover SANBAG's costs. In response to Commissioner Hanson's clarification if the Commission's costs will be increased due to SANBAG's cap at 3 percent, Mr. Joumbalt replied there would be a redistribution of some of the fixed costs. Riverside County Transportation Commission Minutes June 11, 2014 Page 15 Commissioner Hanson suggested the Commission cap its contribution to 14 percent as originally allocated to prevent Metrolink from taking additional funding from the Commission. Mr. Joumbalt replied what is being requested is exactly what is being transmitted to the CEO. Metrolink is not adjusting the budget at this time and this is what the Metrolink is capping it as well. Anne Mayer clarified the approval of this budget caps the Commission's contribution at 14 percent. Any increase would require Commission approval. If savings are achieved through cuts in operating costs, then those operational savings would be distributed by formula to all of the member agencies. M/S/C (Kotyuk/Henderson) to: 1) Adopt the preliminary FY 2014/15 Southern California Regional Rail Authority (SCRRA) operating and capital budget; 2) Approve the additional 91 Line service with two additional peak period round trips during the weekday and a new weekend service; 3) Allocate the Commission's funding commitment to the SCRRA in an amount not to exceed $9,817,000 in Local Transportation Fund (LTF) funds for train operations and maintenance; and 4) Allocate the Commission's Section 5309 grant funds in an amount not to exceed $3,421,300 for SCRRA capital rehabilitation projects. At this time, Commissioner Ron Roberts left the meeting. 11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION At this time, Chair Ashley, Commissioner Jeffries, and Steve DeBaun stepped out of the meeting. Vice Chair Busch assumed the Chair. 9C. RECURRING CONTRACTS FOR FISCAL YEAR 2014/15 Commissioner Berg expressed strong concern regarding the Best Best and Krieger LLP (BB&K) contract as Mr. DeBaun is the legal counsel for Western Riverside Council of Governments (WRCOG) and the Western Riverside County Conservation Authority (RCA), which he believes creates a conflict of interest due to the number of agreements between the agencies. He requested this contract be postponed to address this issue. Riverside County Transportation Commission Minutes June 11, 2014 Page 16 Anne Mayer explained at anytime there is a potential conflict of interest, it is evaluated on a case by case basis. If a case is deemed as a conflict, there is an on -call bench of outside attorneys. In response to Commissioner Berg's citing of a case related to a memorandum of understanding with WRCOG, Anne Mayer stated the particular memorandum of understanding is the subject of legal action the city of Beaumont filed against the Commission, RCA, and WRCOG. She explained there are often times the defendants in cases enter a joint defense agreement where legal counsel is shared or one legal counsel takes the lead in the case. Commissioner Berg expressed concern for Mr. DeBaun's review of agreements as legal for both agencies and it needs to be separated. He suggested discussing it with RCA and WRCOG to reach an agreement. Anne Mayer expressed the Commission is governed by law as are the attorneys involved governed by the conflict of interest law and legal counsel has to disclose potential conflicts and these have to be written waivers or written concurrence. Commissioner Berg stated he does not believe such waivers or concurrences have occurred related to Mr. DeBaun. He suggested taking his concern to the newspaper if the BB&K contract is approved. M/S/C (Magee/Henderson) to: 1) Approve the recurring contracts for Fiscal Year 2014/15; 2) Approve Agreement No. 07-31-164-11, Amendment No. 11 to Agreement 07-31-164-00, with Best Best & Krieger LLP (BB&K) for provide general legal services related to litigation in the amount of $550,000, including contingency of $50,000, for a total amount not to exceed $5,590,100 for FY 2013/14; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. No: Berg At this time, Chair Ashley and Steve DeBaun rejoined to the meeting. 9D. QUARTERLY INVESTMENT REPORT Commissioner Kotyuk referred to the transaction report by account and requested clarification on where the Commission stands on the portfolio. Riverside County Transportation Commission Minutes June 11, 2014 Page 17 Theresia Trevino replied she will need to evaluate this more thoroughly; however, it is an unrealized gain. Commissioner Kotyuk suggested simplifying the portfolio and requested clarification on where the investment policy in regards to the furthest maturity on the assets that can be held as well as the benchmark to perform. Theresia Trevino replied the investment policy covers the general items. There are also specific investment items included in the bond documents. She will review the specifics and follow up regarding the investment in question as it may be covered by the indenture. However, there is a compliance process for purchasing investments for the trustee and the investment manager. The benchmark is received in the quarterly report and she will ensure this is included in future reports. M/S/C (Hanna/Henderson) to receive and file the Quarterly Investment Report for the quarter ended March 31, 2014. 12. PRESENTATION — STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANES PROJECT Chair Ashley announced Agenda Item 11 was pulled due to the length of the meeting and will be presented at the July Commission meeting. 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT Anne Mayer briefed the Commissioners on the annual rating agencies trip to New York as required by the TIFIA loan. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, adjourned the meeting at 12:07 p.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, July 9, 2014, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, sUnN)JI),,(L_ H Jennifer Harmon Clerk of the Board AGENDA ITEM 6 PUBLIC HEARING RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: September 10, 2014 TO: Riverside County Transportation Commission FROM: Mark Lancaster, 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 Drainage Easement, Permanent Wall Footing Easement, Temporary Access Easement, Temporary Construction Easement, and Utility Easement in Portions of Certain Real Property by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, and 118-270-042; 102-270-011; 118-171-040; 118-171-026, and 118-171-039; 118-171-025; and 115-060-013, 115-060-015, 117-270-005, and 117-270-013; 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 property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolution of necessity; property owners 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 owner. 3) Adopt Resolutions of Necessity Nos. 14-022, 14-028, 14-029, 14-030, 14-031 and Amended Resolution of Necessity 13-011, "Resolutions of Necessity for the Acquisition of Property Interests in Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, and 118-270-042; 102-270-011; 118-171-040; 118-171-026, and 118-171-039; 118-171-025; and 115-060-013, 115-060-015, 117-270-005, and 117-270-013, 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. Agenda Item 6 1 BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of resolutions of necessity including amending a previously adopted resolution of necessity for the interests in the parcels outlined in this agenda item. These interests are required for construction of the SR-91 CIP. The power of eminent domain is used by the Commission only as a last resort to obtain interests necessary for public highway projects after 1) negotiations have stalled; 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 this case, an offer of just compensation has been made to the property owners for the full Fair Market Value as determined by an appraisal. 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 property owners 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. Additionally, 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. Staff will bring to the Commission those interests that meet one of the criteria above. The timing of these resolutions will balance the need to give the property owners as much time as possible to reach an agreement, while at the same time allowing enough time for the Commission to go through the process to obtain possession in time to avoid delays to the design -build contractor. The legal process from adoption of the resolutions of necessity to receiving legal possession of the properties takes approximately 150 days. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which Agenda Item 6 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 property owners, it may be necessary to acquire necessary interests 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 property owners must be afforded an opportunity to appear at the hearing and lodge objections. A notice of this hearing was 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. Aerial views of the parcels subject to this staff report in relation to the SR-91 CIP are attached. Finding 1: Public Interest and Necessity Require the Project SR-91 in Riverside County ranks among the nation's worst commutes. Stop and go traffic is the norm, especially during morning and late afternoon rush hours. Traffic congestion on eastbound SR-91 between the cities of Anaheim and Corona is routinely among the worst 15 areas in the nation. SR-91 is continuing to experience increased congestion as a result of population growth in Riverside and San Bernardino Counties and the increase in jobs in Los Angeles and Orange Counties. Demographic projections for the Southern California Association of Governments (SCAG) region show population and employment in Orange and Riverside Counties are forecast to increase substantially by 2035. As a result, traffic volumes on SR-91 are expected to increase by approximately 50 percent by 2035, which would result in even greater congestion and delays on SR-91. The existing travel demand on SR-91 has led to a heavy directional commute pattern between Los Angeles, Orange, and Riverside Counties that is projected to continue into the future. SR-91 is the only major highway that links Orange and Riverside Counties. Extending from the Orange County/Riverside County line in the city of Corona to Pierce Street in Riverside, the Agenda Item 6 3 SR-91 CIP will add mixed flow lanes, tolled express lanes, improve interchanges, bridges, ramps, and local streets. New freeway to freeway ramp connections between the SR-91 and Interstate 15 also will be made. The SR-91 CIP is designed to reduce delays, improve air quality, offer a choice between regular (mixed flow) lanes and express lanes, allow faster emergency response, relieve local street congestion, and provide better access to public transit and rails. Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest Public Good and Least Private Injury A thorough analysis was conducted to find the single best alternative 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 property owners. As a result, staff has in some cases included mitigation measures to reduce and minimize impacts to the property. Compliance with the California Environmental Quality Act has been satisfied by Caltrans' certification of an environmental impact report (EIR) in its role as lead agency on August 8, 2012, and the Commission's subsequent consideration of that certified EIR in its role as a responsible agency on November 14, 2012. Finding 3: The Real Property to be Acquired is Necessary for the Project The property interests sought below have been analyzed to determine if a feasible design alternative that exists would alleviate the need for the interest. As indicated above, the property owners of the interests 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 the property owners Agenda Item 6 4 raised such concerns; staff took those concerns into consideration and attempted to make design modifications as feasible as possible. In the end, staff recommends the following interests in real property are necessary for the project. RON No. 14-022 - Owner: Corona Towne Center, LLC, a California Limited Liability Company; APNs 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, and 118-270-042; CPNs 22218-1, 22218-2, 22218-3, 22218-4, 22218-5, 22218-6, and 22218-7 The real property commonly known as Assessor Parcel Nos. (APNs) 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039, and 118-270-042 is owned in fee by Corona Towne Center, LLC, a California limited liability company (Corona Towne Center) and is located at 261-401 South Lincoln Avenue, in Corona, California. The subject property is roughly square in shape and is commonly known as the Corona Towne Center, a community shopping center containing 139,003 square feet of gross leasable area on a 10.42 acre (453,889 square foot) site. The subject property is occupied by retail/commercial tenants including Cardenas Markets, Fallas clothing store, Dollar Tree, Yoshinoya restaurant, an animal hospital, and various other businesses. The property is bounded by a former RV sales business to the north, residential properties to the south, commercial businesses to the east, and South Lincoln Street to the west. The north and west sides of the subject property are impacted due to the widening of SR-91, the resulting realignment of the eastbound Lincoln Avenue on and off ramps, and the addition of a new frontage road. West 2nd Street will be extended west through the shopping center from the existing West 2nd Street/Vicentia Avenue intersection to the Lincoln Avenue/D Street intersection. The eastbound Lincoln Avenue on and off ramps will be realigned to intersect with the newly extended West 2nd Street. The Commission is seeking to acquire portions of the subject property including fee, building access easement, building demolition easement, and four temporary construction easement interests. An offer of just compensation for the property interests sought to be acquired was made to the record owner on January 7, 2014. Subsequently, in an effort to minimize impacts to the subject property, staff requested a design change that would require acquiring a lesser interest and would maintain an existing ingress/egress point to the shopping center. Based on the new design, a new revised offer of just compensation for the property interests sought to be acquired was made to the record owner on August 11, 2014. On June 11, 2014, the Commission considered adoption of a resolution of necessity for the purpose of acquiring the property interests set forth in its January 7, 2014 offer. After a hearing on the issues presented herein, the Commission voted to continue the hearing on the adoption of the resolution of necessity to provide staff additional time and opportunity to explore a further design change. Agenda Item 6 5 Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolution of Necessity No. 14-022. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to Corona Towne Center was mailed on August 25, 2014. RON No. 14-028 — Owner: Platinum Oil Corporation, a California Corporation; APN 102-270-011; CPNs 22165-1 and 22165-2 The real property commonly known as APN 102-270-011 is owned in fee by Platinum Oil Corporation, a California corporation (Platinum Oil) and is located at 1825 West 6th Street, in Corona, California. The property is roughly square in shape, has a site area of approximately 25,265 square feet, and is improved with a Shell service station, convenience store, associated parking lot, and other improvements. The property is bounded by commercial properties to the north, east, and west and West 6th Street to the south. The south side of the subject property is impacted due to the proposed widening of SR-91 freeway and the resulting curb realignment and widening of West 6th Street. The slight widening of West 6th Street will require a small fee acquisition as well as a temporary construction easement directly affecting the southerly frontage of the subject property. The Commission is seeking to acquire portions of the subject property including fee and temporary construction easement interests. An offer of just compensation for the property interests sought to be acquired was made to the record owner on June 5, 2014. Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolution of Necessity No. 14-028. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to Platinum Oil was mailed on July 25, 2014. RON No. 14-029 — Owner: National Community Renaissance of California, a California Non -Profit Public Benefit Corporation; APN 118-171-040; CPNs 22188-1 and 22188-2 The real property commonly known as APN. 118-171-040 is owned in fee by National Community Renaissance of California, a California non-profit public benefit corporation (National Community) and is located at 204 Magdalena Circle, in Corona, California. The subject property is part of a larger multi -family residential complex known as the Corona Del Rey Apartments. The subject property is improved with a 160-unit gated apartment complex, and is located just south of SR-91. The complex consists of 40 two story multi -family residential buildings situated on 40 separate parcels, bisected by D Street. The 48 units located on the south side of D Street are not impacted by the easements or the project as proposed. No building improvements will be impacted by the project, although various site improvements located within the acquisition area (including a strip of asphalt paving, patio fence, landscaping, Agenda Item 6 6 an access door and utility boxes/panels) will be impacted. The larger parcel is bounded by SR-91 to the north, residential properties to the south and west, and commercial properties to the east. The design of SR-91 CIP necessitates the Commission acquire a permanent wall footing easement and temporary construction easement in portions of the subject property as the northerly portion of the subject property is impacted due to the proposed widening of SR-91. Retaining wall construction is included as a part of this widening, and the construction easement directly affects the northern frontage of the subject property. An offer of just compensation for the property interests sought to be acquired was made to the record owner on May 27, 2014. Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolutions of Necessity No. 14-029. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to National Community was mailed on July 25, 2014. RON No. 14-030 — Owner: National Community Renaissance of California, a California Non -Profit Public Benefit Corporation; APNs 118-171-026 and 118-171-039; CPNs 22189-1, 22189-2, and 22189-3 The real property commonly known as APNs. 118-171-026 and 118-171-039 is owned in fee by National Community Renaissance of California, a California non-profit public benefit corporation (National Community) and is located at 204 Isabella Way and 205 Magdalena Circle, in Corona, California. The subject property is part of a larger multi -family residential complex known as the Corona Del Rey Apartments. The subject property, is improved with a 160-unit gated apartment complex, and is located just south of SR-91. The complex consists of 40 two story multi -family residential buildings situated on 40 separate parcels, bisected by D Street. The 48 units located on the south side of D Street are not impacted by the easements or the project as proposed. No building improvements will be impacted by the project, although various improvements located within the acquisition area (including a strip of asphalt paving, patio fence, landscaping, an access door, and utility boxes/panels) will be impacted. The larger parcel is bounded by SR-91 to the north, residential properties to the south and west, and commercial properties to the east. The design of the SR-91 CIP necessitates the Commission acquire a fee, permanent wall footing easement, and temporary construction easement in portions of the subject property as the northerly portion of the subject property is impacted due to the proposed widening of the SR-91. Retaining wall construction is included as a part of this widening, and the fee and construction easement directly affects the northern frontage of the subject property. Agenda Item 6 7 An offer of just compensation for the property interests sought to be acquired was made to the record owner on May 27, 2014. The Commission retained the services of Overland, Pacific & Cutler (OPC), a right of way acquisition and relocation firm, to provide relocation assistance as needed. Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolutions of Necessity No. 14-030. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to National Community was mailed on July 25, 2014. RON No. 14-031 — Owner: National Community Renaissance of California, a California Non -Profit Public Benefit Corporation; APN 118-171-025; CPNs 22190-1, 22190-2, and 22190-3 The real property commonly known as assessor parcel nos. 118-171-025 is owned in fee by National Community Renaissance of California, a California non-profit public benefit corporation (National Community) and is located at 205 Isabella Way, in Corona, California. The subject property is part of a larger multi -family residential complex known as the Corona Del Rey Apartments. The subject property, is improved with a 160-unit gated apartment complex, and is located just south of SR-91. The complex consists of 40 two story multi -family residential buildings situated on 40 separate parcels, bisected by D Street. The 48 units located on the south side of D Street are not impacted by the easements or the project as proposed. No building improvements will be impacted by the project, although various site improvements located within the acquisition area (including a strip of asphalt paving, patio fence, landscaping, an access door, and utility boxes/panels) will be impacted. The larger parcel is bounded by SR-91 to the north, residential properties to the south and west, and commercial properties to the east. The design of the SR-91 CIP necessitates the Commission acquire a fee, permanent wall footing easement, and temporary construction easement in portions of the subject property as the northerly portion of the subject property is impacted due to the proposed widening of the SR-91. Retaining wall construction is included as a part of this widening, and the fee and construction easement directly affects the northern frontage of the subject property. An offer of just compensation for the property interests sought to be acquired was made to the record owner on May 27, 2014. The Commission retained the services of OPC, a right of way acquisition and relocation firm, to provide relocation assistance as needed. Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolutions of Necessity No. 14-031. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to National Community was mailed on July 25, 2014. Agenda Item 6 8 RON No. 13-011 — Owner: Pearl Street Properties, LLC, a Nevada Limited Liability Company, APNs 115-060-013, 115-060-015, 117-270-005, and 117-270-013; CPNs 22275-5, 22275-9, 22275-10, and 22275-11 The real property commonly known as APNs 115-060-013, 115-060-015, 117-270-005, and 117-270-013 is owned in fee by Pearl Street Properties, LLC, a Nevada limited liability company (Pearl Street Properties) and is located at 105 and 211 Pearl Street, in Corona, California. The subject property has an irregular land configuration consisting of 314,936 square feet of land area. The subject property is improved with several buildings of mixed construction including metal clad, wood frame, and reinforced concrete. Specifically, there are two single family residential dwellings, one large produce warehouse/distribution building occupied by Newport Farms, Inc. and other storage buildings. The Commission previously adopted Resolution of Necessity No. 13-011 on June 13, 2013, to acquire fee, permanent access easement, permanent utility easement, permanent wall easement, and temporary construction easement interests in portions of the larger parcel. Subsequent to the adoption of the resolution of necessity, an eminent domain action was filed in Riverside Superior Court, bearing Case No. RIC 1307299, to secure the necessary prejudgment possession of the property. The design of the project has since been modified, and it is now necessary to acquire additional right of way for the project from Pearl Street Properties. The Commission is now seeking to acquire additional portions of the subject property including fee, permanent drainage easement, temporary access easement, and temporary construction easement interests. An offer of just compensation for the additional property interests sought to be acquired was made to the record owner on June 3, 2014. Counsel for the Commission and counsel for Pearl Street Properties have entered into a stipulation to allow the Commission to amend Resolution No. 13-011 to include the additional property interests. Legal definition(s), legal description(s) and/or plat map(s) of the modified and supplemental portions sought to be acquired are attached as an exhibit to Amended Resolution of Necessity No. 13-011. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. A Notice of Hearing to Pearl Street Properties was mailed on August 15, 2014. Finding 4: Offers of Just Compensation Have Been Made to the Property Owners Litigation guarantees were obtained from Commonwealth Land Title Insurance Company to confirm and identify the parties with an interest in the parcels affected by the SR-91 CIP. The Commission then served the affected property owners and other interested parties as appropriate, with a notice of the Commission's decision to appraise the property. The Commission had the real property interests appraised by the real estate appraisal firms of Kiley Company and Integra Realty Resources to establish the fair market value of the property interests the Commission is seeking to acquire from the parties identified herein. Agenda Item 6 9 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. However, the Commission will acquire the interests necessary and set forth above from the property owners 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 resolution of necessity. All property acquisition expenses are included in the SR-91 CIP budget. Attachments: 1) Resolution No. 14-022 2) Resolution No. 14-028 3) Resolution No. 14-029 4) Resolution No. 14-030 5) Resolution No. 14-031 6) Resolution No. 13-011 Agenda Item 6 10 ATTACHMENT 1 RESOLUTION NO. 14-022 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, TEMPORARY CONSTRUCTION EASEMENT, BUILDING ACCESS EASEMENT AND BUILDING DEMOLITION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039 AND 118-270-042, 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 WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, temporary construction easement, building access easement and building demolition easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 118-270-034, 118-270-035, 118-270-036, 118-270-038, 118-270-039 and 118-270-042 (CPNs 22218-1, 22218-2, 22218-3, 22218-4, 22218-5, 22218-6 and 22218-7) 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, June 11, 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 and other interested parties 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, temporary construction easement, building access easement and building demolition easement interests in the property to be acquired 11 is for the SR-91 Corridor Improvement Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and plat maps of the portions of the parcel upon which the fee, temporary construction easement, building access easement and building demolition easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 12 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non- material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 13 14 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: (The rights being acquired may be exercised mutually exclusive of each other.) "Fee" (as to 22218-1) 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) (as to 22218-2, 22218-3, 22218-4, and 22218-5) refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. Such rights shall be exercised for a period of six (6) consecutive 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 the TCEs 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" (as to 22218-6) refers to an exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, for the purpose of demolition, construction, reconstruction, and repair of the building and improvements located therein, together with all necessary rights incidental thereto. 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. Such right shall be exercised for a period of three (3) consecutive 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. 17336.02100\9125466.1 EXHIBIT PAGE 1 Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Building Access Easement" (as to 22218-7) 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 structure, utilities and mechanical systems, for inspection purposes, and to 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. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Such right shall be exercised for a period of three (3) consecutive 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\9125466.1 EXHIBIT PAGE 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 EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22218-1 Fee Acquisition APN 118-270-034, 35, 36, 38, 39, and 42 Those portions of Parcels 1 through 6, inclusive, of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly corner of said Parcel 2; thence along the northerly line of said Parcel 2 South 81°57'20" East 288.27 feet to a point thereon; thence South 72°26'28" West 218.38 feet; thence South 73°45'06" West 161.02 feet to the beginning of a curve concave northerly having a radius of 903.00 feet; thence westerly along said curve 382.42 feet through a central angle of 24°15'53" to the beginning of a compound curve concave northerly having a radius of 1,403.00 feet; thence westerly along said curve 32.48 feet through a central angle of 01°19'36"; thence South 54°27'43" West 54.62 feet; thence South 09°15'36" West 95.59 feet; thence South 08°05'21" West 34.85 feet; thence South 09°23'23" West 155.22 feet to a point, said point being the beginning of a non -tangent curve concave westerly having a radius of 95.00 feet, to which point a radial line bears South 79°06'07" East; thence southerly along said curve 9.83 feet through a central angle of 05°55'39" to a point on the westerly line of said Parcel 6; thence along the westerly line of said Parcels 1 through 6, also being the easterly line of Lincoln Avenue as shown on said parcel map the following five (5) courses: 1. North 08°03'59" East 342.88 feet to the beginning of a curve concave southeasterly having a radius of 14.50 feet; 2. Northeasterly along said curve 22.78 feet through a central angle of 90°00'00"; 3. North 08°03'59" East 65.00 feet to the beginning of a non -tangent curve concave northeasterly having a radius of 14.50 feet, to which point a radial line bears South 08°03'59" West; PA2PTG010501\SURVEYULEGALS\22218_APN_ 118-270-035_036_038_039_042\Legals\22218-1-FEE.doc 6/27/2014 Page 1 of 3 EXHIBIT PAGE 3 PS OMAS 4. Northerly along said curve 22.78 feet through a central angle of 90°00'00"; 5. North 08°03'59" East 82.16 feet to a point thereon, said point being the most southerly corner of Parcel 2070-107B as described in the Final Order of Condemnation, Case No. 217114, Superior Court of said County, a Certified Copy thereof being recorded October 5, 1995 as Instrument No. 333298 of Official Records of said County; thence along the southerly line of said Parcel 2070-107B the following two (2) courses: 1. North 66°09'06" East 12.61 feet and 2. North 86°05'56" East 64.11 feet to a point on the northerly line of said Parcel 1; thence along the northerly line of said Parcel 1 the following four (4) courses: 1. South 81 °55'24" East 214.71 feet to the beginning of a curve concave northerly having a radius of 150.00 feet; 2. Easterly along said curve 72.60 feet through a central angle of 27°43'49" to the beginning of a reverse curve concave southerly having a radius of 150.00 feet; 3. Easterly along said curve 72.51 feet through a central angle of 27°41'53"; and 4. South 81°57'20" East 77.36 feet to the Point of Beginning. Containing 114,644 square feet. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. 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 a part hereof. PA2PTG010501\.SURVEY\LEGALS\22218_APN_118-270-035_036_038_039 042\Lega1s\22218-1-FEE.doc 6/27/2014 Page 2 of 3 EXHIBIT PAGE 4 PS 4MAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date 4 - z 7 /4- PA2PTG010501\S UR VL'Y\LEGALS\22218_APN_118-270-035_036_038_039_0421Legals\22218-1-FEEdoc 6i27n014 Page 3 of 3 EXHIBIT PAGE 5 20 EXHIBIT A2 PARCEL# TITLE AREA APN 2221 8-1 PARCEL 20 /0- 1 0 I N66° 09'06"E 12.61'w I a'' �L-0 iM O N 1 o Co c0 R=14.501' L=22.78'I A=90° 00'00" i D STo 65.00' . N08°03159"E R=1 4.501! L=22.78'1 0=90° 00'00" LINCOLN AVE. 0 z FEE 114,644 S.F. �Pr1i-�t;r I 1 PJ1�/1J�� 51 l 118-270-034,35,36,38,39,42 118-270-023 CO N Q rf) 64.11 6 E Nab 0 PARCEL S81°55'24"E 214.711— R=1 50.00' L=72.60 A=27°43'49" 1 118-270-042 S08°03159"W (R) (22218-1) N08°03159"E (R) R=1403.001 L=32.48' 0=01 ° 1 9'36" p=24° 1 5'53" 44' N08°03159"E 573°10'28"E (R)/ \ 509° 20'34"W ( R ) S54°27'43"W 54.62' 509° 1 5'36"W 95.59' 508°05'21 "W 1J34.85' DOC. #2000-033061 PARCEL 5 118-270-039 PARCEL 118-270-038 579°06'07"E (R) R=95.00' L=9.83' 0=05° 55'39" 118-270-041 PJl�/1J 1 .3/ 91 i 77.36' 581 ° 57'20"E R=150.00' L=72.51' 0=27°41'53" Pr RCE1 L J 118-270-034 O.R. 21 b=)0 93 w w in w w r� 118-270-035 PARC I 3 PARCr L -'ir 118-270-036 I FEET 0 40 BO 160 240 NOTES LEGEND 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. POB TPOB (R) C ) Indicates Point Of Beginning Indicates True Point Of Beginning Indicates Radial Bearing Title to State Access Prohibited 22218-1 FEE ACQUISITION PREPARED BY: PS O M A S DATE:06-27-14 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)751-7373/(714)54S 8883 (Fax) 8 RIV 91 5.5 2 2 EXHIBIT2A, PAGE 6 EXHIBIT A2 PARCEL# TITLE AREA APN 22218-1 FEE 114,644 S.F. 118-270-034,35,36,38,39,42 PARCEL 1 P,1 „8„ PARCEL 2 / 62-53 R=150.00: 118-270-023 118-270-024 L=72.51 A=27°41 '53" POB R=1 50.00' L=72.60' A=27°43'49" . 77.36 S81 307.25' ° 57'20"E 365.63' 288.27' PARCEL 2 3b �� PARCEL 1 2 W 1 18-270-034 , qK cal 1 18-270-042 Zg`� SOa53 3� ° Q�W/� 2 � .N - w w �2221 8-1� f. S12 S���o 02. 0 °'.r- = c/) ra'w v 0 M w °aGj 2 w S� 16� 0 IO cn PARCEL 3 q2 3a2' ,R;gp3.002q° 5153 118-270-035 D DOC. #2000-033061 O.R. P.A., P„N„e„ ND, 2 1 b )0 143/ 91-93 PARCEL I FEET 0 40 80 160 240 - - I.) , PARCEL 4 --1 11- 1 18-270-036 11, NOTES LEGEND 2 2 2 1 Q - 1 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State Access Prohibited _W_J_ PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751nta Ana, 737347114)5445.8883 [Fax! DATE:06-27-14 REV.: EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V, 91 5. 5 1 2 EXHIBITS PAGE 7 1 2 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 PSOMAS EXHIBIT Tr LEGAL DESCRIPTION Ca!trans Parcel No. 22218-2 Temporary Construction Easement APN 118-270-034 That portion of Parcel 2 of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly comer of said Parcel 2; thence South 81°57'20" East 288.27 feet along the northerly line of said parcel to a point thereon, said point being the True Point of Beginning; thence South 81 °57'20" East 10.41 feet continuing along said northerly line to a point thereon; thence South 17°33'32" East 13.50 feet; thence South 72°26'28" West 100.00 feet; thence North 17°33'32" West 18.00 feet; and thence North 72°26'28" East 90.62 feet to the True Point of Beginning. Containing 1,779 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 a part hereof. PA2PTG010501`.SURVEY11-BGALS122218_APN_118-270-035_036_038_039_042\Legals`22218-2-TU3 Am 12/10/2012 Page 1 of 2 EXHIBIT PAGE 8 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date /2 -/0 -/Z PA2PTC1010501 \SUR VEY\LEGA LS122218_A PN_ 118-270-035_036_038_039_042\Legals\22218-2-TCE.duc 12/ 10/21)12 Page 2 of EXHIBIT PAGE 9 EXHIBIT B2 PARCEL# TITLE AREA APN 22218-2 TCE 1,779 SO. FT. 118-270-034 118-270-042 118-270-039 118-270-023 PARCEL 51 1 67-63 118-270-024 S81 ° 57'20"E 118-270-035 DOC. #2000-033061 O.R. P,M, NO, 21670 P,l`11„B„ 143/ 91-93 118-270-036 LINE TABLE BEARING DISTANCE L1 S08°07'46"W 53.36' L2 S81°52'14"E 10.00' L3 S81 ° 57'20"E 10.41 ' L4 S17°33'32"E 13.50' L5 S72°26'28"W 100.00' L6 N17°33'32"W 18.00' L7 N72°26'28"E 90.62' CURVE TABLE DELTA RADIUS LENGTH C1 27°43'49" 150.00' 72.60' C2 27°41'53" 150.00' 72.51' 1 FEET 0 40 80 160 240 0 0 N 03 NOTES LEGEND 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. POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State ( (( ( Access Prohibited 22218-2 TEMPORARY CONSTRUCTION EASEMENT PREPARED BY: PS O M A S 3 Hul ton Centre Drive Ste. 200 Sonia Ana, California 92707 (714)751-7375/(714)545 8B83 (Fax) DATE:03-06-12 REV.:2; 12-10-12 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.5 1 1 EXHIBIT kPAGE 10 26 1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Cl' LEGAL DESCRIPTION Ca!trans Parcel No. 22218-3 Temporary Construction Easement APN 118-270-035 & 036 Those portions of Parcels 3 and 4 of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly corner of said Parcel 4; thence South 81 °54'34" East 209.29 feet along the northerly line of said parcel to a point thereon; said point being the beginning of a non -tangent curve concave northerly having a radius of 903.00 feet, to which point a radial line bears South 00°18'16" East; thence easterly along said curve 69.24 feet through a central angle of 04°23'35" to the True Point of Beginning; thence easterly, continuing along said curve 54.34 feet through a central angle of 03°26'53"; thence South 08°08'46" East 18.00 feet to the beginning of a non -tangent curve concave northerly having a radius of 921.00 feet, to which point a radial line bears South 08°08'46" East; thence westerly along said curve 55.43 feet through a central angle of 03°26'53"; thence North 04°41'53" West 18.00 feet to the True Point of Beginning. Containing 988 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 heretu and made a part hereof. P LPTG010501ISURVErLEGALS 22218_APN_I 18-270-035_016_038_039_04n egalsi22218-3-TCE.doc 12/10/201.2 Page I or EXHIBIT 47PAGE 11 t 2 3 4 5 6 8 9 10 Il 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 /2- /D - / 2 Brian E. Bullock, PLS 5260 Date P A2PTG010501\SURVEYNLEGALR22218_APN_I 18-270-035_036_038_039_0a2{Legals\22218-3-TCE doc 12/ 10/2012 Page 2 of 2 EXHIBIT kPAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 22218-3 TCE 988 SO. FT. 118-270-035 & 036 L3 N IM I PARCEL 1 PARCEL P,M,g, 51 / 62-63 C4 ' 519°39'13"E (PRC) 20/0- 10/ A A 1J 4 PARCEL 1 118-270-042 S08°03"59"W (R) N08°03'59"E (R) r L5 118-270-023 P„M, P,>` ,g, PARCEL 3 CS S00°18'16"E (R) S81 °54'34"E 209.29' TPOB 18.00' N04°41'53"W(R) PARCEL 5 118-270-039 C6 DOC. #2000-033061 O.R. PARCEL 6 118-270-038 r 118-270-041 I Cl 00 'o o C L6 NO, 21690 1 '}3/ 9 1 - )3 PARCEL 2 y FEET 0 40 80 160 240 118-270-036 118-270-034 22218-3) 1 8.00' 508°08'46"E(R) 118-270-035 F'ARCEL 3 LINE TABLE BEARING DISTANCE L1 N08°03'59"E 65.00' L2 N08°03'59"E 82.16' L3 N66°09'06"E 12.61' L4 N86°05'56"E 64.11' L5 S81°55'24"E 214.71' L6 S81°57'20"E 77.36' CURVE TABLE DELTA RADIUS LENGTH C1 90°00'00" 14.50' 22.78' C2 90°00'00" 14.50' 22.78' C3 27°43'49" 150.00' 72.60' C4 27°41 '53" 1 50.00' 72.51 ' C5 04°23'35" 903.00' 69.24' C6 03°26'53" 903.00' 54.34' C7 03°26'53" 921.00' 55.43' NOTES LEGEND 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. POB Indicates Point Of Beginning TPOB Indicates True -Point Of Beginning (R) Indicates Radial Beoring Title to State ) r ) (, Access Prohibited 222 1 8-3 TEMPORARY CONSTRUCTION EASEMENT PREPARED BY: P SOMA S 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 52707 (714)751 7373/(714)545-8883 (Fax) DATE:09-05-12 REV.: 12-10-12 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.5 1 1 EXHIBIT PPAGE 13 30 PS OMAS EXHIBIT `D1' LEGAL DESCRIPTION Caltrans Parcel No. 22218-4 Temporary Construction Easement APN's 118-270-038, & 39 Those portions of Parcels 5 and 6, of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly corner of Parcel 2 of said parcel map; thence along the northerly line of said Parcel 2 South 81 °57'20" East 288.27 feet to a point thereon; thence South 72°26'28" West 218.38 feet; thence South 73°45'06" West 161.02 feet to the beginning of a curve concave northerly having a radius of 903.00 feet; thence westerly along said curve 382.42 feet through a central angle of 24°15'53" to the beginning of a compound curve concave northerly having a radius of 1,403.00 feet; thence westerly along said curve 32.48 feet through a central angle of 01 ° 19'36"; thence South 54°27'43" West 40.53 feet to the True Point of Beginning; thence continuing South 54°27'43" West 14.09 feet; thence South 09°15'36" West 95.59 feet; thence South 08°05'21" West 34.85 feet; thence South 09°23'23" West 155.22 feet to a point, said point being the beginning of a non -tangent curve concave westerly having a radius of 95.00 feet, to which point a radial line bears South 79°06'07" East; thence southerly along said curve 9.83 feet through a central angle of 05°55'39" to a point on the westerly line of said Parcel 6; thence along the westerly line of said Parcel 6, also being the easterly line of Lincoln Avenue as shown on said parcel map, South 08°03'59" West 34.88 feet to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 77.12 feet, to which point a radial line bears North 66°45' 14" West; thence northeasterly along said curve 9.78 feet through a central angle of 07°16'02" to the beginning of a reverse curve concave westerly having a radius of 105.00 feet; thence northerly along said curve 35.24 feet through a central angle of 19°13'53"; thence North PA2PTG010501\SURVEY\LEGALS\22218_APN_118-270-035_036_038_039_042\Legals\22218-4-TCE.doc Page 1 of 2 6/30/2014 EXHIBIT Al PAGE 14 PS OMAS 09°23'56" East 156.30 feet; thence North 08°05'21" East 11.93 feet; thence South 80°46'22" East 10.00 feet; thence North 09°13'38" East 56.43 feet; thence North 80°46'22" West 10.43 feet; thence North 09°15'36" East 71.91 feet to the True Point of Beginning. Containing 3784 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 a part hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501\SURVEY\LEGALS\22218_APN_118-270-035_036_038_039_042\Legals\22218-4-TCE.doc Page 2 of 2 6/30/2014 EXHIBIT A2PAGE 15 EXHIBIT D2 PARCEL# TITLE AREA APN 22218-4 TCE 3784 S.F. 118-270-038 & 039 PARCEL 1 P,M,2, - PARCr I 2 / 62-63 118-270-023 118-270-024 POB S81 4 77.36 307.25' ° 57'20"E 365.63' 288.27' PARCEL 2 3A PARCEL 12 1 18-270-034 . A6 0 c� 1 18-270-042 p � 3� 2�`� S ° �O A W f� 2 _ LdLLI = t' i p c�1 S� �0 020� rn a- 0 ro co i W w S� 16� PAF�Cr L 3 382 `q2 R,gp3. 5'53 118-270-035 Zq° N DOC. #2000-033061 O.R. P A P„N�g, , NO., 21690 143/ 91-93 PARCEL 3 I FEET 0 40 80 160 240 up PARC. I 'f —1 118-270-036 0 NOTES LEGEND 2 2 2 1 TEMPORARY CONSTRUCTION EASEMENT 8 - 4 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, POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing )Title to State ii() Access Prohibited PREPARED BY: PSOMAS Hutton SantaAna, CaliDrive, fornia92 07 e. 200 (714)751-7373/(714)545-8883 (Fax) DATE:06-27-14 REV.: 1; 06-30-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RR LL 2z tt FXH'IRYT A3PA4'k 1R 5.5 1 3 EXHIBIT D2 PARCEL# TITLE AREA A P N 22218-4 TCE 3784 S.F. 118-270-038 & 039 PARe L ---'-PARDr l; 1 0/0- 101 vi,a, 1 18-270-023 • A ;? J \,,___- 51 i 6 -63 77.36' S81 ° 57'20"E j PAR f r L 1 118-270-042 Pr1RDrl I j 118-270-034 1 D ST. ---1 i! ------- j \ _ PARCEL. 3 r R=1 403.00' I- a2.421 L=32.48' L=3 w 0=01 ° 1 9'36" w 903�00 I / � A=24° 1 5'53" R- j Lu I ' % \ S09°20'34"W (R) DOC. #2000-033061 554°27'43"W 40.53' F) J\JJ, TPOB NO, LU O.R. (/) 71 �9.0 Q j 22218-4 i Pr1RD L 5 118-270-035 —I ' 44i PAR0 I 3 _ - - 118 270 039 Z ! M iv) I if j w,Q W I I-- I . - PARcs,rl Rio i i�rir�CrL 118-270-036 I ' 0 I wi O ' 1 18-270-038 N �i � ) 1 O CO I I ' i i I I , \.i — FEET 0 40 80 160 240 NOTES LEGEND 22218-4 TEMPORARY CONSTRUCTION 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. POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( Title to State �LLJ_ Access Prohibited PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (714)757Ana, 2707 7373/(714)54598883 (Fox) DATE:06-27-14 REV.: 1, 06-30-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS nn i 2 cv5J vT f)4Pa. C 49 5.5 2 3 v EXHIBIT D2 PARCEL# TITLE AREA APN 22218-4 TCE 3784 S.F. 118-270-038 & 039 S09°20'34"W (R) ��� R=903.00, \ 0-24g15?53" S54°27'43"W 14.091 ° LJJ . R=1403.00' L=32.48' 0=01 ° 1 9'36" S54 27 43 W DOC e # 40.53' 2000-0330610.R. TPOB P NJ, No., 21 )o Q I 15-) r Z `. In --1I rn 6, , t,-) N09° 1 5'36"E p, )\JJ , a„ J 3/ 9 1- 9,3 71 .91 ' N80°46122"W M�2221 8-4� 10.43' Pr1F��'r I 3'38"E —Ij 44 N09° 1 56.43' 118-270-039 I S08°05'21 "W 34.85' S80°46'22"E 10.00' o H \ N08g 05 21 E PARDEL r, 1 ( I 118-270-038 118-270-041 N/�,__----� V) InM I c Mv FMoo I rn S79°06'07"E (R) R=95.00' c9/ ://'''' � M I O NJ o °a, rn O �' \ \\. __ \_, ,' \' 00 ram, --�� \ • \♦ R=105.00' `� / 0=1 9° 1 3'53" `� � / R=77.12'.) L=978' 1 A=07° 1 6'02" / / N66°45'14"W (R) ,'� DETAIL ''� NO SCALE L=9.83' A=05°55139" S73°10'28"E (R) /Z, S08°03'59"W I� i x< 78°43105"E (R) R=105.00' ,I A=19°13'53" ,,-'� 34.88' _ ' N66°45114"W (R) //\ -1 ) I FEET 0 25 50 100 150 NOTES LEGEND 2 2 2 1 TEMPORARY CONSTRUCTION EASEMENT 8 - 4 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. POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State 1111 Access Prohibited PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, Colifornia 92707 (714)481-8053/(714)545-B883 (Fax) DATE:06-27-14 REV.: 1; 06-30-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 2 FXN�%Yr 15PA. 1A 5.5 3 3 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 78 29 30 31 PS OMAS EXHIBIT `E1' LEGAL DESCRIPTION Ca!trans Parcel No. 22218-5 Temporary Construction Easement APN 118-270-038 That portion of Parcel 6 of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the southwest comer of said parcel; thence North 08°03'59" East 71.55 feet along the westerly line of said parcel to a point thereon; thence South 81°56'01" East 18.00 feet; thence South 08°03'59" West 71.51 feet to a point on the southerly line of said parcel; thence North 82°03'18" West 18.00 feet along said southerly line to the Point of Beginning. Containing 1,288 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 a part hereof. Prepared under the direction of /2./0-72 Brian E. Bullock, PLS 5260 Date P:UPTG010501\.SURVEYIIEGALSti22218_APN_ I I8-270-035_036_038_039_0,12`Legals\22218-5-rCE doc 12/10/2012 Page I of I EXHIBIT kPAGE 19 EXHIBIT E2 PARCEL# TITLE AREA APN 22218-5 1,288 SQ. FT. 118-270-038 I NIi J PARCEL ° PARCr L 1 PARCEL 2 j 118-270-042 I 118-270-034 I C2 S08° 03'59 W (R) D S T. J N08°03'59"E (R) j 118-270-035 Cl PARCEL 3 I I / / kb rn j �� 1 1 p I 118-270-039 N I I v j I � P„M„ -� P,M,g, NO, 21690 1'13/ 91- 93 _1 tt1 C-.) tt 1 CO Q I v I LINE TABLE LIJ I BEARING DISTANCE Z 0O 1 — r PARCEL 5 L1 L2 N08°03'59"E N08°03'59"E 65.00' 82.16' - v I 1 i Z 144 CURVE TABLE �I I #2000-033061 O.R. DELTA RADIUS LENGTH j DOC. C1 C2 90°00'00" 90°00'00" 14.50' 14.50' 22.78' 22.78' w j 118-270-041 I Q, j !n PARCEL 6 j o 118-270-040 o 118-270-038 o z _ .. j j 1 S81°56'01"E 1 8.00' N82°02'33"W 644.64' a, :Co I 2�2 Z.1 8�- $� in 1 1 8-270-012 � M j inn POBj•'7 i , 508°03'59"W I 71.51' � � TRACT NO,, 21690 0 1�/l,r;� 1 '1/ =)2�73 .i\ j ~ ' I / j 137.00 / 18.I00' N82°03'18"W I FEET 0 40 80 160 240 NOTES LEGEND Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 2 2 2 1 8 - 5 TEMPORARY by 0.99997476 to obtain ground )Title to State CONSTRUCTION distances. All distances are in feet )�)( Access Prohibited EASEMENT unless otherwise noted. PREPARED BY: DATE:09-05-12 REV.: 12-10-12 EA: OF540 FAtt: PSOMAS Sfe. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 lutfon Cenfre Drive, (714)751r-73734715)545588e3 (Fox) 8 R I V 91 5.5 1 1 EXHIBIT A7PAGE 20 38 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I PS OMAS EXHIBIT Tr LEGAL DESCRIPTION Caltrans Parcel No. 22218-6 Building Demolition Easement APN 118-270-034 & 035 Those portions of Parcels 2 and 3 of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly corner of said Parcel 2; thence South 81 °57'20" East 288.27 feet along the northerly line of said parcel to a point thereon; thence South 72°26'28" West 100.51 feet to the True Point of Beginning; thence South 72°26'28" West 117.88 feet; thence South 73°45'06" West 159.62 feet to a point on the southerly line of said Parcel 2; thence South 81 °56'01" East 251.74 feet along a portion of said southerly line and the prolongation of said portion of said southerly line; thence North 08°03'59" East 116.70 feet to the True Point of Beginning. Containing 14,474 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 `F2' attached hereto and made a part hereof. P 12PTG0105011SURVEYILL•'GALS\22218_APN_118-270-035_036_038_039_042\Lega1s122218-6-BDF, doe 12/10/2012 Page 1 of EXHIBIT PPAGE 21 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 /2-10 -/Z P.12PTGO10501,SURVEYILEGALS122218_APN_118-270-035 036_038_039_04211 ega1s122218-6-13DE.doc 12110/2012 Page 2 or2 EXHIBIT APPAGE 22 EXHIBIT F2 PARCEL# TITLE AREA APN 2221 8-6 BOE 14,474 SO. FT. 118-270-034 & 035 C1 PARCEL 118-270-042 PARCEL l7 —1 11.1 U D_ PARCEL J P,M,g, 118-270-023 POB PARCEL 2 51 / 62- 63 118-270-024 307.25' 81 °57'20"E 288.27' S81°56'01"E 251.74' 118-270-035 DOC. #2000-033061 O.R. PAM, NO, 21690 P,m,a, 143/ 91--93 1187270-036 I' L1 L2 Q Q M- v O NO M CO O in LINE TABLE BEARING DISTANCE L1 508°07'46"W 53.36' L2 581°52'14"E 10.00' L3 572°26'28"W 100.51' CURVE TABLE DELTA RADIUS LENGTH C1 27°43'49" 150.00' 72.60' C2 27°41'53" 150.00' 72.51' FEET 0 40 80 160 240 118 270-003 118-270-016 NOTES LEGEND 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. C POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Rodiol Bearing Title to State Access Prohibited 2221 S-6 BUILDING DFMOLITION EASEMENT PREPARED BY: P SOMA S 3 'lutton Cenire Drive Ste. 200 Sonic Ana, California 92707 (714)751-7373/(714)545-8683 tiaXl DATE:09-05-2012 REV.:2; 12-10-2012 EA: OF540 FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.5 1 1 EXHIBIT Al, PAGE 23 42 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PS OMAS EXHIBIT `G1' LEGAL DESCRIPTION Caltrans Parcel No. 22218-7 Building Access Easement APN 118-270-034 & 035 Those portions of Parcels 2 and 3 of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of Parcel Maps, Records of said County, described as follows: Beginning at the most northerly corner of said Parcel 2; thence along the northerly line of said Parcel 2 and the general easterly lines of said Parcels 2 and 3 the following four (4) courses: 1) South 81 °57'20" East 307.25 feet to the northeasterly corner of said Parcel 2; 2) South 08°07'46" West 53.36 feet; 3) South 81°52'14" East 10.00 feet; and 4) South 08°07'46" West 106.87 feet to a point thereon; thence North 81 °54'03" West 97.18 feet to a corner of a commercial building, said corner being the True Point of Beginning; thence South 08°09'05" West 10.00 feet along the general easterly face of said building to a point thereon; thence North 81°54'03" West 180.99 feet to a point on the general westerly face of said building; thence North 08°11'21" East 10.00 feet along said general westerly face to a corner of said building; thence South 81 °54'03" East 180.98 feet along the northerly face of said building to the True Point of Beginning. Containing 1,810 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. 31 See Exhibit `G2' attached hereto and made a part hereof. Pa2PTG0105011SURVEYILEGALS122213_APN_118-270-035 036.038_039_042lLcgals%22218-7-F1AF doc 12/10/2012 Page 1 of EXHIBIT kPAGE 24 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 2G 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date 1z-�a-i2 P UPTG010501'6URVGY\1J:GALS\22218_APN_118-270-035_036_038_039_04211.ega1022218-7-RAF.doc 12/10/2012 Page 2 of 2 EXHIBIT A4PAGE 25 EXHIBIT G2 PARCEL# TITLE AREA A P N Cl 2221 8- 7 C2 PARCEL J 118-270-042 PARCEL Lid —1 ca t� EL, P, NO, 21690 P143/ 91- 93 I PARCEL, 4 BAE PARCEL 1 P,M,g, 118-270-023 POB o 1 1 ' 2, 10 0' 118-270-035 1810 SO FT 118-270-034 PARCEL 51 / 62- 63 J 118-270-024 ,-- 307.25' S81 °57'20"E 288.27 I S08° 09'05"W 1 10.00' 1 §0.99' N81 54'03"W I DOC.:#2000-033061 I I r 118-270-036 O.R. 035 L1 S08°07 L2 LINE TABLE BEARING DISTANCE L1 508°07'46"W 53.36' L2 581°52'14"E 10.00' CURVE TABLE DELTA RADIUS LENGTH Cl 27°43'49" 150.00' 72.60' C2 27°41'53" 150.00' 72.51' I FEET 0 40 80 160 240 118-270-003 0 ti e� NOTES LEGEND 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. POB TPOB (R) C ) Indicates Point Of Beginning indicates True Point Of Beginning Indicates Radial Bearing Title to State (( ( Access Prohibited 22218-7 BUILDING ACCESS EASEMENT PREPARED BY: P SOMA S 3 Pvtton Centre Drive, Ste. 200 Soria Ana, California 92707 (714WA -73734 714)545-8883 Fax; DATE:12-10-2012 REV.: EA: OF540 FAu: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R1V 91 5.5 1 1 EXHIBIT kPAGE 26 46 Corona Towne Center 118-270-034, 035, 036, 038, 039, 042 FEE 114,644 SF TCE (TEMPORARY CONSTRUCTION) 7,839 SF BDE (BUI LDI NG DEMOLI TI ON 14,474 SF BAE (BUI LDI NG ACCESS) 1,810 SF 48 LAW OFFICES RICHARD C- GREENBERG JOHN D. WHITCOMBE: DERRICK K. TAKEUCHI MICHAEL J. GIBSON LEONARD GRAYVER SAMANTHA F. LAMBERG MICHAEL 1 WEINBERGER JOEL L. BENAV1DES AARON M. LAVINE GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP 21515 HAWTHORNE BOULEVARD, SUITE 450 TORRANCEJune 16, 2014, CALIFORNIA 90503-6531 (310)540-2000 FAX (310) 540-6609 • (310) 316-0505 E-MAIL. GWTLLP@GWTLLP.COM MICHAEL E. ADLER' PATRICIA M. BAKST' 'OF COUNSEL :Also Member of District of Columbia Bar SENDERS E-MAIL June 17, 2014 OUR FILE BY U.S. MAIL AND E-MAIL Mark A Easter, Esq. 3390 University Avenue, 5`h Floor Riverside, CA 92501 Mark Lancaster, Right of Way Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Re: Corona Towne Center Gentlemen: Cardenas Markets has proposed to the RCTC a reconfiguration of Corona Towne Center (the "Center") to accommodate a redesign and relocation of its market, so that it faces northward from the south-easterly quadrant of the Center. I am told by its counsel Mike Leifer that the RCTC has declined to consider that proposal because of its belief that our client Hunt Enterprises, Inc., fee owner of the Center, does not support that reconfiguration. As I hope I made clear during the hearing of June 11, 2014, relocation of the Cardenas store as proposed is a necessary element to preserving the Center in its after condition. It will position the store properly, and open the parking currently behind the store that is of no utility in the present configuration. As I have also previously advised the RCTC in correspondence, and on June 11, the other necessary element to retaining a viable center is removal of the shops (with partial relocation) in the southwest portion of the Center, to enable enhanced ingress, egress and circulation, and, we would anticipate; additional ingress from Lincoln Avenue. 49 LAW OFFICES GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP Mark A Easter, Esq. Mark Lancaster June 17, 2014 Page 2 Our client would certainly be open to a resolution that resolves both issues, with appropriate mitigation and compensation. We look forward to working with Cardenas Markets and the RCTC to that end. I would be pleased to discuss the matter further with you. cc: Mike Leifer, Esq. Janet Parks Very truly yours(, —0../64- ichard C. Greenberg, For the firm 50 LAW OFFICES RICHARD C. GREENBERG JOHN D. WHITCOMBEI DERRICK K. TAKEUCHI MICHAEL 1. GIBSON LEONARD GRAYVER SAMANTHA F. LAMBERG MICHAEL J. WEINBERGER JOEL L. BENAVIDES AARON M. LAVINE GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP 21515 HAWTHORNE BOULEVARD, SUITE 450 TORRANCEJune 16, 2014, CALIFORNIA 90503-6531 (310) 540-2000 FAX (310) 540-6609 (310) 316-0505 E-MAIL: GWTLLP®GWTLLP.COM MICHAEL E. ADLER* PATRICIA M. BAKST* *OF COUNSEL $Also Member of District of Columbia Bar SENDERS E-MAIL June 18, 2014 BY US MAIL AND EMAIL Ms. Janet Parks Real Estate Consultant Riverside County Transportation Commission 2280 Market Street, Suite 200 Riverside, CA 92501 Re: Corona Town Center Dear Janet: Enclosed you will find the following: OUR FILE 1. Completed Cost Reimbursement Application; 2. An abbreviated Appraisal by Buss-Shelger Associates, captioned "Preliminary Analyses Partial Taking Impact Corona Towne Center (the "Appraisal"); 3. Buss-Shelger Invoice for $4850; and 4. A copy of Ron Buss' curriculum vitae. Our office paid the $4,850 invoice, and invoiced our client for the cost advance. Payment pursuant to the cost reimbursement application should be made by instrument payable to the order of Hunt Enterprises, Inc. We do have an earlier, more comprehensive appraisal by Ron Buss, payment for which is not included in this invoice or a matter for the attention of the RCTC. However, in view of the fact that our primary concern is severance damage, pursuant to my discussions with you last month, I asked Ron for an updated and simplified appraisal that would highlight our severance position to share with you and your appraiser. If you feel that discussions might be productive, we would be willing to meet with Ron and your appraiser. Although severance damage to the remainder is by several orders of magnitude our principal difference, we would be prepared to address any other valuation issues that you believe are material. I will be out of town from June 29 through July 9. In view of your time constraints, and my schedule, if we are going to meet it would be best if we could meet before then. 51 LAW OFFICES GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP Ms. Janet Parks June 18, 2014 Page 2 Let me know if you need anything further, or have any questions. Very truly yours, Richard C. Greenberg For the firm RCG:nm Enclosures cc: Mark A. Easter (w/ encls.) Mark Lancaster (w/ encls.) Mike Leifer (w/ encls.) PRELIMINARY ANALYSES PARTIAL TAKING IMPACT CORONA TOWNE CENTER 53 54 BUSS-SHELGER ASSOCIATES Real Estate Consultants May 19, 2014 Greenberg, Whitcombe & Takeuchi, LLP 21215 Hawthorne Boulevard, Suite 450 Torrance, California 90503 Attention: Mr. Richard C. Greenberg Attorney -at -Law Reference: Corona Towne Center Update of Integra Appraisal (11/29/2013) Partial Taking Evaluation Freeway Signage Allowance Our File No. 4592A-14 Gentlemen: 865 S. Figueroa Street, Suite 3338 Los Angeles, California 90017 Telephone: (213) 388-7272 Facsimile: (213) 388-5276 E-Mail: bussshelger@pacbell.net In connection with the proposed partial taking of Corona Towne Center, additional market information regarding capitalization rates and other residual considerations are provided in response to the appraisal report (November 19, 2013) completed by Integra Realty Resources ("Appraisal"). The data assembled has been summarized in the following letter and applied with our observations and suggestions to the income prospects for the Center in an "after condition." The results of our evaluation is recapped below, specifics included herein. Before Condition Evaluation $24,775,000 After Condition Evaluation 9,725,000 Partial Taking/Permanent Severance Damage Impact $15,050,000 Additionally, it is unknown whether the sign and signage rights will be replaced in an equally effective location as presently exists in the "after condition", therefore the value of the signage site is also being addressed in this study; it may not be a consideration if properly positioned. Freeway Signage $1,500,000 Excluded from the above are pending severance damages associated with the temporary construction period, as well as damages associated with capital requirements to revamp the entryways, interior parking and traffic corridors, external protection or relocation for the on -site electrical substation, landscaping, etc. Respectfully submitted, BUSS-SHELGER ASSOCIATES Ronald L. Buss j 9.:E.::::•:2:41'1= — .....1,......e rir=r,_....,,,,:z2_. ,a2,. sahtmacco7iiiiiapta - J"vi'a......"..- 3AUDVOU d 1 - t 20 x vi -..v '3AV N700N17 'S tOC 118114)Gf ai3IN bi157.1311d 15.42 133/4S 91= Nd9 IL • :15M3 0 Before Condition Analysis Current Property Composition Land Area: Rentable Area: 139,003 square feet (eight buildings) 18.40 acres (eight Assessor's parcels) Base Rent: Lessee Identity ANCHORS Cardenas Fallas Parades Dollar Tree SHOP SPACE 25 Tenants Vacant Space: Portion of Center Proposed Take Remainder Total Center Leased Rent Sq. Ft. /Sq. Ft. 46,432 23,672 9,000 $ 7.91 $ 6.00 $10.00 Lease Expiration 1/31/15 1/31/15 3/31/21 41,241 $22.43 Varies Square Feet % of Leased Vacant Total 36,605 102,398 139,003 15,455 3,203 18,658 42.2% 3.13% 13.4% Parking: 436 spaces or 3.14 stalls/1,000 rentable sq. ft. Comments: Renewal Options 2-10 Year 3-5 Year 2-5 Year The impact of the proposed taking is clearly evident as the ownership is not able to release space in Building A/B/F as the leases expire due to the pending eminent domain action. Your attention is directed to the facing diagram of the existing center, specifically the two arrows indicating the direct signalized ingress and egress to Lincoln Avenue, a major arterial corridor in Corona. Capitalization Rate As shown on the next page, recent (2013/2014) transfers involving large retail centers with multiple anchor tenants indicate expected returns by investors ranging predominately from 6.9% to 7.7% with one exception at 6.4%. The lower capitalization rate evident in Sale No. 3 is due to the unique dual anchor center with no smaller retail units; there are also three independently owned pad sites that feature a gas station, bank and office. Both national credit tenants in this center have long term leases with multiple options to extend and fixed rental increases; these investment attributes are reflected in the lower capitalization rate of 6.4%. As previously mentioned the bulk of the acquisitions form a general yield rate range from 7.0% to 7.5%, with a definite downtrend evident; the three most recent being 7.0%, 7.0% and 6.9% respectively. ,Try, - • 1�: 1 to z 1174 "*r= �fi ids LO .' wls Lx W & r: r I 41'LI ,Irf ,Lo N A'JFh.ien E. +n+r4 .10 ��I a,yPi t 5 3f1N3/9:8 N 100Nn it '1 a&TJ 4.1. 16* t r�F, e, f "f •VitIA r i� r 44 9 r,t., ,. a 18 V2 away i Sale No. Date Subject Current 1 6/13 2 6/13 3 8/13 4 8/13 5 12/13 Center Identity Property Address Corona Towne Center 261-301 S. Lincoln Avenue, Corona Michael's Plaza 10321-10357 Magnolia Ave. Riverside The Pavilion at Redlands 2054-2094 W. Redlands Blvd., Redlands Food 4 Less Center 555 West 2nd Street San Bernardino Murrieta Plaza 40388-40484 Murrieta Hot Springs Road, Murrieta Canyon Crossings 2550-2585 Canyon Springs & 6141-6225 Valley Springs Parkways, Riverside 6 Vernola Marketplace 1/14 6205-6477 Pats Ranch Road, Mira Loma 7 Towngate Center 3/14 12625 Fredrick Street Moreno Valley Rentable Sq. Ft. Occupancy 139,003 87% 62,834 97% 94,494 99% 83,760 100% 141,122 95% 295,949 93% 210,963 84% 285,770 91% Notable Anchors Cardenas Fallas Parades Dollar Tree Michael's David's Bridal Food 4 Less WalMart Anna's Linens Food 4 Less Ross Dress 4 Less 24 Hour Fitness Dick's Sporting Goods Walgreens Toys R Us Staples Howard's Appliances Party City Ross Dress 4 Less Bed Bath & Beyond Michaels Petco TJ Maxx Home Goods Ross Dress 4 Less Regency Theater Dollar Tree Planet Fitness Sale Price Price/Sq.Ft. Cap Rate $15,000,000 $239 7.7% $17,709,000 $187 7.5% $12,000,000 $143 6.4% $39,000,000 $276 7.5% $61,250,000 $204 7.0% $49,000,000 $232 7.0% $41,071,000 $147 6.9% It should be noted that all of the centers are larger in size at 60,000 square feet plus with a minimum of two anchor tenants; all are well occupied, all are situated within the competitive Inland Empire region. 59 - 3 - Capitalization Analysis In the Before Condition, the subject is a well occupied center with three anchors. Based on the market information, a capitalization rate between 7.0% and 7.5% is considered reasonable; we have adopted 7.25%. This figure has been applied to the net income used in the Integra Realty Appraisal. Effective Gross Income $2,706,222 Less Expenses 909,237 Net Operating Income $1,796,985 Capitalized Value: $1,796,985 = 7.25% $24,786,000 Rounded $24,775,000 After Condition Analysis Background By virtue of the "Taking", the aggregate footage in the "Remainder Parcel" will in theory be reduced to 102,398 square feet, the smaller Dollar Tree anchor being displaced. Parking will be reduced from 436 to 298 spaces; effectively the center will lose 26.3% of its leasable footage, 31.7% of its parking capacity. Of the remaining parking space, 83 stalls are situated to the rear of Buildings D and G; effectively employee parking (see facing diagram). Restated, the quantity of rear building stalls increases from 19.0% of the current total to 27.9% after the Partial Taking. Of equal importance to an evaluation of the Center after the Taking is the prospects for ingress and egress. It is proposed to provide a "curb cut" at the northeast corner of the property off new 2nd Street, there is minimal value to the routing as this secondary routing carries a limited amount of traffic. It is also proposed to provide a signalized point of access at the southwest entry (see double "blue" arrows on aerial photograph facing page 6) as an offset to its current signalized intersection which feature direct access to the Center's customer parking lot. It is envisioned that a single entry lane be installed, plus two exit lanes for both left and right turn vehicles. The practical impact of this concept are two -fold: • Lane stacking will occur for vehicles exiting the center along an elongated internal corridor, and • The fire department effectively will require 12-foot lanes, the three proposed lanes which aggregate 36 feet in width which will eliminate the drive -up parking for the tenants now in Building C. The latter issue exists under any scenario as the "Take" alignment at the northerly end of Building C would create a "bottleneck" under the best of circumstance. The net impact of the proposed new signalized access point is to eliminate Building C entirely, in part to create additional parking for the remaining center due to the imbalance of spaces pointed out previously. 60 - 4 - Capitalization Rate The previous assemblage of shopping center yield rates concluded with a capitalization rate of 7.25% for the subject center due to variety of reasons: • Three anchor tenants; and • Relatively modest market rent increase in 2015 Cardenas Market extension option (2/1/15), as well as a similarly modest rent increase for the Fallas Parades space in August of 2015. Excluding the ingress/egress issue which effectively will require demolition of Building C; the two biggest issues impacting the sustainability of the Center in an "After Condition" are the two anchor tenants cited below, but for different reasons. • Cardenas Markets has not exercised their option to extend, the current term expiring in January of 2015. The lessee had anticipated some level of compensation from RCTC due to the impacts on the Center and their business prospects, lessee remains uncommitted at present. • Fallas Parades is committed only through January 2015; Article XIX - Section 19.02 of their lease allows for the termination of their contract obligation in the event 30% or more of the Center is eliminated as a result of Eminent Domain action. Including Building C, the Center would be reduced by 53,981 square feet, or 38.9% of its present size. Even if their first 5-year renewal option is exercised effective January 2015, the lessee can still vacate at a later point in time if the Center is underperforming. For the purpose of this evaluation, and recognizing the inherent risk of the Center's financial stability and survival, a capitalization rate of 7.75% has been adopted. Capitalization Analysis In the interest of simplicity, our gross revenue estimates assume Cardenas and Fallas will remain in the Center at their 2015 option rents, the actual rents for Building D have also been adopted; Building C to be razed to allow for access and parking needs. Agreement exists with Integra Realty as to operating expenses at $6.54 per square foot, as well as a 7.0% vacancy and collection loss reserve. Gross Revenue Projection: Cardenas — 46,432 Sq. Ft. @ $8.705/sq. ft. $ 404,196 Fallas — 23,672 Sq. Ft. @ $6.60/sq. ft. 171,859 Building D — 14,918 Sq. Ft. @ $18.58/sq. ft. 277,236 Expense Reimbursements — 85,022 Sq. Ft. @ $6.54/sq. ft. 556,044 Total Revenue Potential $1,409,335 Less Vacancy & Collection Reserve (7.0%) 98,655 Effective Gross Revenue $1,310,680 Less Operation Expenses ($6.54/sq. ft.) 556,045 Net Income To Ownership $ 754,635 61 - 5 - Capitalized Value: $754,635 - 7.75% $9,737,225 Rounded $9,725,000 Recapitulation Part Taken The results of our capitalization analyses in a `Before" and "After" condition are recapped below; the value contribution of the freeway signage positioned on a separate property will be addressed subsequently. Before Condition $24,775,000 After Condition 9,725,000 Part Taken/Permanent Severance Damages $15,050,000 Severance Damages The measure of permanent severance damages has been largely accounted for in the removal of Building C from the Remainder Property due to the access related impairments. The balance of the interim severance damages remain to be determined, principally the capital outlay to reconfigure the parking and interior access corridors to conform with the new property boundaries, the relocation of the electrical substation which powers the Center, and the loss of revenue due to the prolonged (two plus years) of the future "Taking" impacts with tenants reluctant to extend occupancy due to the Center's uncertain level of success over time. An additional impact that has not been addressed is the Center's financial performance during construction. Freeway Signage Evaluation Background In October of 1986, a Grant of Easements and Agreement was executed with the previous owners of Corona Towne Center to allow a pylon sign to be placed and maintained adjacent the 91 Freeway per recorded Instrument No. 245689. The adjacent 3.58 acres on the north, fronting the freeway, was an auto sales outlet. Identified on Exhibit C of the Agreement, the owner of the subject center, at its sole expense, is to maintain the Sign Tower Easement and any improvements erected thereon in good condition and repair. In December of 2011, the Riverside County Transportation department acquired the entire holding on the north, the sign will have to be razed as part of the freeway expansion with the revamped off and on ramp system planned. The sign is a focal point of advertising for the subject center in tandem with Lincoln Avenue off ramp access; restated, the signage is a major component to Corona Town Center's exposure to the daily freeway commuters; it is highlighted on an aerial photograph by the "white" arrow. 62 - 6 - Market Information The value is in the permitted situs for the sign tower, the worth of the improvements is a minor component. Accordingly, freeway frontage ground leased sites have been assemble and related to the subject location, the current net income capitalized at 7.0% to arrive at the value of the underlying sign site location. The two value indicators have been contrasted with a current leased site in west Los Angeles to ascertain value differences between freeway frontage and major commercial street exposure. FREEWAY FRONTAGE: • Artesia (91) Freeway @ Avalon Boulevard Lease Term: January 2003 — 25 years Current Rent: $69,000 per year Adjustments: Fixed monetary increase every 5 years Expenses: Totally net to landlord Land Value: $1,000,000 • San Diego (405) Freeway @ Avalon Boulevard Lease Term: August 2005 — 15 years Current Rent: $125,250 per year Adjustments: Annual 3.0% index Expenses: Totally net to landlord Land Value: $1,800,000 NON -FREEWAY FRONTAGE: • West 3`d Street, Lease Term: Current Rent: Adjustments: Expenses: Land Value: East of La Cienega Avenue July 2008 — 9 years $65,400 per year Fixed annual increases Totally net to landlord $925,000 Signage Right Evaluation There is a value spread between freeway versus non -freeway situs. Permitted land parcel command a premium that does not relate to prevailing land values in the immediate district. The principal difference in land values shown above for the two freeway oriented comparables is the average daily freeway traffic volume at each location; these have been compared to the subject site. Signage Location • Artesia (91) Freeway @ Avalon Boulevard • San Diego (405) Freeway @ Avalon Boulevard • Subject Riverside (91) Freeway @ Lincoln Avenue Average Daily Traffic Volume 195,000 261,999 255,000 Land Value $1,000,000 $1,800,000 Clearly the subject location matches more closely with the latter benchmark; we have adopted $1.5 million in this study. Freeway Signage $1,500,000 63 - 7 - 64 VP 1 i! 'ALMA ALIN' 66 ANGELO J. PALMIERI (1928-1998) 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 6ALUS NORMAN J. RODICH RONALD M. COLE MICHAEL L. D'ANGELO STEPHEN A. SCHECK DONNA L. SNOW W W W PALMIERI, TYE' WIENER. WILHELM &WALDRON 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 CANDICE L. LEE ERICA M SOROSKY MICHAEL P. BURNS JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS KATHERINE M. HARRISON BRIAN GLICKLIN 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 Mark Easter Best, Best & Krieger 3390 University Ave., 5th Floor PO Box 1028 Riverside, CA 92502 June 23, 2014 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 mlei/er@ptwww.com REFER TO FILE NO. 36964.000 Re: Riverside County Transportation Commission - Cardenas Market and Corona Towne Center Dear Mark: On June 20, 2014 I sent you an email asking for you to call me to discuss the RCTC's proposed acquisition. In response, you sent me an email claiming that from your perspective, the property owner and Cardenas' concerns regarding reconfiguration and the taking were "compensation" issues and that they do not need to be resolved before the next Resolution of Necessity hearing. We strongly disagree. It was obvious from the public hearing on June 11, 2014, that the RCTC Commissioners were directing staff to work with Cardenas and the property owner to seek a solution. 1254253.1 67 PALMIERI, TYLER. WIENER, WILHELM &WALDRON � Mark Easter June 23, 2014 Page 2 At the public hearing, RCTC staff represented to the Commissioners that they would do so. So far, staff has not made any attempt to work with us. On June 13, 2014, my office sent a message to you and Mark Lancaster stating that we would like to hear back concerning Cardenas' proposed alternative design. In response, you emailed asking clarification of which proposed alternative design I was referring to. On June 16, 2014, my associate, Erin Naderi, responded to you advising that the alternative design submitted in the Cardenas objection letter to the June 11th hearing was the same alternative design submitted over a year ago to the City of Corona and RCTC's acquisition agent, OPC. On Monday, June 16th, I had a telephone conversation with you regarding this matter. You did not say that the issue did not need to be dealt with or discussed before the Resolution of Necessity hearing. Rather, then, you claimed that RCTC was stymied, felt its hands were tied, and did not know what to do because the property owner was not supporting the Cardenas' plan for reconfiguration. I promptly disagreed with you and advised you that RCTC staff was trying to set up an excuse for not acting and not considering the reconfiguration. On Tuesday, June 17th, the property owner's attorney, Richard Greenberg, cleared up RCTC staffs feigned confusion and again clarified that the property owner did support the Cardenas' plan for reconfiguration. I again reached out to you on June 20th, and now the story has changed. From staff, addressing these issues should be postponed until sometime in the hazy future. 1254253.1 68 PALMILRI. TYLER. WIENER. WILHELM CXWALDRO . Mark Easter June 23, 2014 Page 3 Staff has done the opposite of what it was directed to do by the RCTC Commissioners. It has done the opposite of what it told its Commissioners it would do. It is evading. It is feigning confusion and it is refusing to address the RCTC project, impacts and reconfiguration. Staffs conduct is causing even greater impact on Cardenas Markets. MHL:mp cc: Clients Richard Greenberg, Esq. (via e-mail) Mark Lancaster (via e-mail) 11'4253.1 69 70 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 Mark A. Easter (951)826-8237 mark.easter@bbklaw.com 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 June 24, 2014 VIA E-MAIL - MLEIFER@PTWWW.COM Michael H. Leifer Palmieri, Tyler, Weiner, Wilhelm & Waldron LLP 2603 Main Street East Tower - Suite 1300 Irvine, CA 92614 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: Riverside County Transportation Commission - Cardenas Market and Corona Towne Center Dear Mr. Leifer: I am in receipt of your letter dated June 23, 2014. The manner in which Corona Towne Center elects to reconfigure its remainder property, in order to mitigate what it believes are the severance damages to the Corona Towne Center that will be caused by RCTC's SR-91 Project, is indeed a severance damages issue, as it does not pertain to the findings of need and necessity that the Commission must make in order to adopt a Resolution of Necessity at the Commission meeting in July. I am sorry that you do not agree with our position, but that is your prerogative. The rest of your letter appears to be bent on trying to create a paper trail so that you can "tell on" RCTC staff at the next Commission meeting and accuse RCTC staff of "avoiding" meeting with the property owners, or even "faking" it. To set the record straight, your office chose to wait until the evening before the last Resolution of Necessity hearing to submit objections to the adoption of the Resolution, along with a reconfiguration or mitigation plan that you never previously provided to our office. After the Resolution of Necessity hearing on June 11th, Mr. Lancaster met with Corona Towne Center and its legal counsel at the County Administration Building. You were also present. At the time, it was entirely unclear if the Corona Towne Center was in support of Cardenas' mitigation plan. In fact, the Corona Towne Center representatives expressed their view that they were more concerned with the fate of the smaller tenants at the shopping center than they were Cardenas Market. As a result, when we had our telephone conversation on June 16, 2014, I explained to you that I was not sure what you expected RCTC to do, because 1) it remained unclear whether the Corona Towne Center group was in support of your plan; 2) the plan has not been approved by 17336.02100\8919762.1 71 BEST BEST & KRIEGER ATTORNEYS AT LAW Michael Leiffer June 24, 2014 ' Page 2 r� the City of Corona; and 3) it came unaccompanied by any appraisal analysis. You responded that you understood, and you further acknowledged that the only purpose of your inquiry on the previous Friday (rune 13th) was to "get our attention". You said nothing about my confusion being feigned. Since that time, Mr. Greenberg's office has confirmed that Corona Towne Center is in support of your client's proposed mitigation plan. Your letter now accuses RCTC staff of "evading and feigning confusion," but what are you specifically asking RCTC to do? RCTC is not the entity that would approve the plan. If you are alluding to who would be paying for what under your client's proposed plan, then those are, in fact, just compensation issues that are not going to be resolved before the next hearing, and RCTC is under no formal or informal obligation to resolve them before the next hearing. For the record, there is nothing RCTC is doing (or is failing to do) that is preventing Corona Towne Center and Cardenas Market from going forward with the proposed mitigation plan. Meanwhile, your ongoing objections and resistance to RCTC adopting a Resolution of Necessity is creating MORE uncertainty and confusion about the timing of construction and the need for implementing any mitigation plan. In that regard, it would seem to us that the greatest impact on Cardenas Market is currently being caused by your law firm. MAE:mvv 17336.0210018919762.1 Very truly yours, c� Mark A. Easter of BEST BEST & KRIEGER LLP 72 ATTACHMENT 2 RESOLUTION NO. 14-028 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-270-011, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-270-011 (CPNs 22165-1 and 22165-2), 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, September 10, 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 owners and other interested parties 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 portions of 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. 73 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and plat maps of the fee and temporary construction easement 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 interests 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 interests 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 interests 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 74 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 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 75 76 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. (The rights being acquired may be exercised mutually exclusive of each other.) "Fee," also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property 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. Such right shall be exercised for a period of six (6) consecutive 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\9125481.1 77 EXHIBIT A, PAGE 1 78 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22165-1 Fee Acquisition APN 102-270-011 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on Parcel Map No. 19394 filed in Book 117, Pages 100 and 101 of Parcel Maps, Riverside County Records, being two (2) parcels described as follows: Parcel No. 1 Beginning at the most westerly corner of Parcel 1 of said parcel map; thence North 09°26'15" East 3.50 feet along the westerly line thereof to a point thereon; thence South 80°33'41" East 40.10 feet; thence South 09°26'19" West 3.50 feet to a point on the southerly line of said Parcel 1; thence North 80°33'41" West 40.10 feet along said southerly line to the Point of Beginning. Containing 140 square feet. Parcel No. 2 Beginning at the most westerly corner of Parcel 1 of said parcel map; thence South 80°33'41" East 60.10 feet along the southerly line of said Parcel 1 to a point thereon, said point being the True Point of Beginning; thence North 09°26'19" East 3.50 feet; thence South 80°33'41" East 83.55 feet; thence North 54°33' 18" East 8.07 feet to a point on the general easterly line of said Parcel 1, said point also being the beginning of a non -tangent curve concave northwesterly having a radius of 13.00 feet, to which point a radial line bears South 63°31'36" East; thence southwesterly along said general easterly line and said curve 16.56 feet through a central angle of 72°57'55" to a point on the southerly line MA2PTG010501\ SURVEY \LEGALS\22165_APN_102-270-011\Legals\22165-1-Fee.docx Page 1 of 1/13/2014 79 EXHIBIT A, PAGE 2 PS OMAS of said Parcel 1; thence North 80°33'41" West 76.84 feet along said southerly line to the Point of Beginning. Containing 298 square feet This conveyance was made for the purpose of 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. See Exhibit `A2' attached hereto and made a part hereof. Prepared under the direction of Brian E. Bullock, PLS 5260 Date -/3-1� MA2PTG010501\SURVEY\LEGALS\22165_APN_102-270-011\Legals\22165-1-Fee.docx Page 2 of 2 1/13/2014 80 EXHIBIT A, PAGE 3 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22165-1 PCL 1 FEE PLATINUM OIL COMPANY 140 SQ.FT. 102-270-011 22165-1 PCL 2 FEE PLATINUM OIL COMPANY 298 SQ.FT. 102-270-011 6 225 4 FREEWAY 3 9� RIVERSIDE - ROUTE 102-270-005 S80°41 '20"E 1 02-270-002 1 0.96' N�go 40'23"E � �\ 2,--1 f> ] q6°97 SAC, l > 102-270-003 `��� 0, �\�J�W PARCEL 1 �,, � �I \(:) in . P.M. 1 1 7 ---;� . c1v o /1 00-1 01 ro' f. N PARCEL N0. 1 1 � 0 221 65-1 cl, Q ° PARCEL NO. 201 2�o_ppgZ 102- _ 22165-1 � w` ""--"ice'—� SIXTH STRE - POB � �80°33,41 Ji 136.94 W_ ET PARCEL NO. 1 & � PARCEL N- . 2-- R=1 3.00' A=90° 1 2'21 " SEE SHEET 2 T OP B- L=20.47' PARCEL NO. 2 -_� FOR DETAIL LEGEND Lij POB Indicates Point Of Beginning W Z TPOB Indicates True Point Of Beginning (i)1 Q (R) Indicates Radial Bearing g. � CD I ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on 2 2 1 6 5- 1 CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide FEE ACQUISITION by 0.99997476 to obtain ground distances. All distances are in feet ' unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: DATE:08-17-12 REV.1: 01-08-14 EA: OF540 FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santo (714)751n California 7373/(714)545-88B3 (Fax) 8 R I V 81 91 4.3 1 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22165-1 PCL 1 FEE PLATINUM OIL COMPANY 140 SQ.FT. 102-270-011 22165-1 PCL 2 FEE PLATINUM OIL COMPANY 298 SQ.FT. 102-270-011 tr) ' I 1 o I I I C) o I 1 1 I 1 NO 0p I I O (11 ) N I I N- N a- PARCEL 1 ' ' `n 1.co C) l P.M. 1 1 7/1 00-1 01 i i o —,,� 1 I o - , 1 1 w I 1 0 , a- �) I 1 � O I I -CO N , O Lo I 1 Ln i N o o I II in O N z S09°26 19"W PARCEL No. 1 N09°26'19"E i i on N 3050,— 3.50' 1 1 0 �__ 0 221 65-1 PARCEL NO. 2 ; i 3.50' S80°33 41"E amm40.10' 7- 1111110111. 40. _ \ 1 11 — 22165-1 _1 1 N54°33,----_ I _ 818 'E S63°31'36"E(R) 10,� a S8 ° 07 S8 0 33' i R=1 3.00' 0 33 41 E 60, 41 E 83.55, li‘ N80° 10 76og4, Ll 0=72°57'5511 r L=1 6.56 POB 3 41"W 13694,1111._ PARCEL NO° 1 & R=13.00' PARCEL NO. 2 TPOB 0=90°12'21" PARCEL NO. 2 L=20.47' w° SIXTH STREET o Io LEGEND Q ct POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing CL CO ( ) Title to State II I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 FEE ACQUISITION 6 5- 1 distances. All distances are in feet unless otherwise noted. Ii i i ' FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 7373/(714)545-8883 (Fax) DATE:08-17-12 REV.1: 01-08-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 82 91 4.3 2 2 3 PS OMAS EXHIBIT 931' LEGAL DESCRIPTION Caltrans Parcel No. 22165-2 Temporary Construction Easement APN 102-270-011 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on Parcel Map No. 19394 filed in Book 117, Pages 100 and 101 of Parcel Maps, Riverside County Records, described as follows: Beginning at the most westerly corner of said Parcel 1; thence North 09°26'15" East 3.50 feet along the westerly line to the True Point of Beginning; thence continuing North 09°26'15" East 5.69 feet along said westerly line; thence South 80°33'41" East 149.37 feet to the easterly line of said Parcel 1; thence South 54'33'18" West 8.07 feet; thence North 80°33'41" West 83.55 feet; thence South 09°26'19" West 3.50 feet to the southerly line of said Parcel 1; thence North 80°33'41" West 20.00 feet along said southerly line; thence North 09°26' 19" East 3.50 feet; thence North 80°33'41" West 40.10 feet to the True Point of Beginning. Containing 904 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 a part hereof. M:12PTG0105011SURVEYTEGALS122i65_APN_102-270-0111Legals122165-2-TCE.docx Page 1 of 2/28/2014 83 EXHIBIT A, PAGE 6 PSOMAS Prepared under the direction of 2 • Z e • 2014- Jeremy L. Evans, PLS 5282 Date MA2PTG01050] SURVEYTEGAL5122165 APN_102-270-0111Legals122165-2-TCE.doex Page 2 of 2/28/2014 84 EXHIBIT A, PAGE 7 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA A P N 22165-2 TCE PLATINUM OIL COMPANY 904 SOFT. 102-270-011 DE FREEWAY � a 9� RIVERS 6 ROTE 225 4 3 102-270-005 r% ! l., A 11 r �SkCJ>\� \J�3l S80°41'20"E >>�J \\ 10.96 102-270-002 �� ���, �y� <�� i \ --) ���\ N79° 40,23,,E '� 14 6.9- 'r PARCEL 1 o 102-270-003 P.M. NO. 19394 J: o P.M.B. 117 -.xi • o ry /1 00-1 01 ' ' o cV to Q ' � � ° ° N co O oo4z � 22165-2) uo �- PROPOSED — ��� \ A 02_210 ���— R/W TPOB .' \ ~�J / �18 0 ° 4" SD(T -OB H S rREE ~136 941 'W— 4 R =1 3.0 0 r SEE SHEET 2 0=90°12'21" EXISTING R/W L-20.47' FOR DETAIL "A„ LEGEND L, POB Indicates Point Of Beginning W TPOB Indicates True Point Of Beginning (i")�Q (R) Indicates Radial Bearing �f ( ) Title to State Ill II Access Prohibited f1 NOTES 2 2 1 6 5- 2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances, Divide TEMPORARY CONSTRUCTION EASEMENT by 0.99997476 to obtain ground ' distances. All distances are in feet unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: DATE:08-17-12 REV.2: 02-28-14 EA: OF540 FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Sonto (714)75n T373/(714)545-HU (Fax) 8 R I V Q 91 4. 3 1 2 EXHIBIT A, PAGE 8 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22165-2 TCE PLATINUM OIL COMPANY 904 SOFT. 102-270-011 r J LINE TABLE o L1-509°26'1 9"W 3.50' il r f .) a N oL2-N80° 33'41 "W 20.00 r f O! ON ii f o L3-N09°26'19HE 3.50' r r raj 7 v � L4-N09°26'15"E 5.69' ' r o (,I ONa L5-554°33'18"W 8.07' r' r` 7 cu f 1 co �)j ' 'r r O w PARCEL 1 rr )r Cl L1, _� P.M. NO. 19394 rr ,' o ro a- to P.M.B. 117 r r = co ni � � O o /1 00-1 01 r rr � N � • rn • i (Y) O O O r N 4-1 Ro 7 0. 00 � ' 26" o �4 S800, , 22165-2) r'i=3.g1 3 O 41 r� - ,' r - r r TPOB �r, r �4g�37'J r J 3.50' Ns033,41"w ` L3 L1 POB 40. 1 a L2 Naa°33' L5 41 W N80°33'41"w 83e35, � j ° , S63 31 36"E(R) W. ix r„, ,y S1"REET 136.94, PROP=90° osE w DETAIL "A" R=1 3.00' 1 2'21 " L=20.47 �xrs r jNa O tLJJ LEGEND Q 7 POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) indicates Radial Bearing Q.. LD { )Title to State I i I i I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 TEMPORARY CONSTRUCTION 6 5- 2 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 150 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, ste. 200 Sonic , California (714)751Ana 7373/(719)54592707 8883 (Fax) DATE:08-17-12 REV.2: 02-28-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V Rh 91 4.3 2 2 EXHIBIT A PAGE 9 Platinum Oil Company 102-270-011 FEE 438 SF TCE (TEMPORARY CONSTRUCT! ON) 904 SF 87 ATTACHMENT 3 RESOLUTION NO. 14-029 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-171-040, 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. 118-171-040 (CPNs 22188-1 and 22188-2) 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, September 10, 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 and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for permanent wall footing easement and temporary construction easement interests in portions of certain real 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. 88 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and plat maps of the portions of the parcel upon which the permanent wall footing easement and temporary construction easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interests 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 interests 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 interests 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 89 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 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 90 91 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. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. Such right shall be exercised for a period of 12 consecutive 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\8415488.1 92 EXHIBIT A, PAGE 1 93 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22188-1 Permanent Wall Footing Easement APN 118-171-040 In the City of Corona, County of Riverside, State of California, being a portion of Sofia Lane ("C" Street, Lots "D" and "L") as shown on the map of Tract No. 2687, filed in Book 48, Pages 65 and 66 of Maps, in the office of the County Recorder of said county, said portion of Sofia Lane having been vacated by Resolution No. 97-43 of The City of Corona recorded June 24, 1997 as Document No. 222392 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said Tract No. 2687; thence South 81 °54'57" East 172.94 feet along the northerly line of said Tract No. 2687 to the intersection of said northerly line with the northerly prolongation of the centerline of Magdalena Circle (Grant Avenue, Lot "C") as shown on said Tract No. 2687; thence South 08°17'36" West 4.42 feet along said prolongation; thence North 81°25'05" West 172.92 feet to the westerly line of said Tract No. 2687; thence North 07°58'00" East 2.91 feet along said westerly line to the Point of Beginning. Containing 634 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. M:12PTG0105011S URVEYILEGALS122188-22i90_APN_118-171-025,026,039,&0401Leeals122188-1-PE. doc 3/12/2014 Page 1 of 2 94 EXHIBIT A, PAGE 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 P5 oMAS Prepared under the direction of L�� 3•I1 Jeremy L. Evans, PLS 5282 Date MA2PTG0105011SURVEYILEGALS122188-22190_APN_118-171-025,026,039,&0401Legals122188-1-PE, doe 3/3/2014 Page 2 of 2 95 EXHIBIT A, PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 221 88-1 ESMT 634 SOFT. 1 1 8-1 71 -040 ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 ROUTE 91 RIVERSIDE FREEWAY FOR DETAIL 1 1 1 l C/L STATIONING 1 4 1 7 8 9 1 1 280 1 2 3 4 C221 88— 1 EXISTING R/W PROPOSED R/W POB S81 °54'57"E 360.80' �— .. S79°02'59"E 31 1 .39' - - - - t i-1-t '- 1-1 -F 1-1-1 I - \ - - - - �„�,� 5 rREE rJ _0 1 I 1 1 _____ag__ .. SOFIA LANE_ /�j--- -- �_ �— 1 I ITT 7 1 \$.` 1 11a 17r-o4o �- 1 r �' I - �"� I I __ V/ ------4--_ .� y - - 0 1 1 1i 118-171-039 0 1 118-171-026 � 118-171-025 1 1 11 I i ~ 1 C 4ZrW 1-1 1 -1 1 118-17]-038 1-I 118-171-027 1- � � � I� � lb 118 171-024 r-) = 1 0I ,U �� 1 Et �I 1 D _1 Lii I-1 rr7 m O 09 1 �11 �U �I�I LD O 0 1 L11 718-171-042 -. 1 g 1118-171-037 118-171-028 I L 118 171-023 p srzi 60 1,1�11 l r— I -1 b l I 0 1 --1 1 LOT 10 1 co 1 Q ,- O I �I _' 11�1 rDp 1Q z Ir� 1 011 in 118-171-036 LR1d1 �� �' s -I " 1 O °� ^1N1 t�')'i N 1 118 171-043 �11 Cc L 118-171-022 O 1 I a, t ai 1 1 1 18-1 71-029 0 1 � 'n - - I - I I - - i �� ..`11 i -a V 1 I _ 1\•.\0 '`1 N81°56`00"1W - - - ! �'1 ``l St'G� 1 18-1 71-035 - '7\1I 60' fr, 1 18-1 71-044 1 � � 1 18-1 71-030 j 20.00' DOCo N0. �11� 2010— 0043661 q11 O.Ro; 1118-171-021 z I I 1 I nl = 1118-17]-045 ��I "C .1) Tv) -1 o 0) o � 1118-171-034 - 11- 118-] i vQ 1,_ 1 1- 118-171--031 -,I � I o 71-020 0 0 LEGEND l -Ii a 0 POB Indicates Point Of Beginning LOT I 't , o0 T1B I f ci 118-171-019 o =- TPOB Indicates True Point Of Beginning , 171-032 1 v) -- (R) Indicates Radial Bearing ( ) Title to State J_J_J-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 2 2 PERMANENT WALL. 1 8 8- 1 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I �� sommummomummou FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Mutton Centre Drive, Ste. 200Santo (714)481Ana, B053/(714)545-8E83 (Fax) DATE: 01-21-13 REV.:2; 02-25-14 EA: OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS p I� T�! R 1 Y % 91 5, 3 1 2 EXHIBIT A PAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 221 88-1 ESMT 634 SOFT, 1 1 8-1 71 -040 DETAIL "A" 'i ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W (221 B8-1 POB y�S81°54`57"E 360.80' � 1 72,94' — - - ° � -- -� 6� N81 25'05"W 1 72.92' M N I� N J �' I ("C" STREET) SOFIA LANE o � o V� 0 W I I I I I _ _ — - , \ r: i CO 1 18-1 71-040 / o I. ti [ w I I I I 20' W co _ O 0I S Z 'II 0 °R° OOA30i 0__ I 0 --I U Qa ? I0 N0° �11,Vo � 00C° - , �1jCc � O ' c" r.D Q d ZE 1 18— 7 71 —041 2.3 i 30' o >�05 I I i 1 I ti 0 LEGENDc'j 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 are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 PERMANENT WALL 1 8 8- 1 FOOTING EASEMENT distances. All distances in feet are unless otherwise noted. FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo 2707 (714)48 Ana, 8053/I(7o14)545g88B3 (Fax) DATE: 01-21-13 REV.:2; 02-25-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 92 91 5,3 2 2 EXHIBIT A PAGE 5 PS OMAS EXHIBIT `131' LEGAL DESCRIPTION Caltrans Parcel No. 22188-2 Temporary Construction Easement APN 118-171-040 In the City of Corona, County of Riverside, State of California, being a portion of Tract 2687, as said tract is shown on that map, filed in Book 48 of Maps, Pages 65 and 66, in the office of the County Recorder of said county, described as follows: Beginning at the northwesterly corner of said tract; thence South 07°58'00" West 1.60 feet along the westerly line of said tract to a point thereon, said point being the True Point of Beginning; thence South 81°25'05" East 172.93 feet to a point on the northerly prolongation of the centerline of Grant Avenue, also known as Magdalena Circle, as shown on said map; thence South 08°17'36" West 56.50 feet along said centerline and its northerly prolongation to a point on said centerline; thence North 81 °25'05" West 27.78 feet; thence North 33°28'29" West 26.94 feet; thence North 81°25'05" West 127.00 feet to a point on said westerly line; thence North 07°58'00" East 36.50 feet along said westerly line to the True Point of Beginning. Containing 7,043 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\22188-22190_APN_I18-171-025,026,039,&040\Legals\22188-2-TCE.doc 1/21/2013 Page 1 of 2 98 EXHIBIT A, PAGE 6 PS OMAS Prepared under the direction of l 2/--I3 Brian E. Bullock, PLS 5260 Date PA\2PTG010501\SURVEY\LEGALS\22188-221 90_APN_118-171-025,026,039,&040\Legals\22188-2-TCE.doc 1/21/2013 Page 2 of 2 99 EXHIBIT A, PAGE 7 EXHIBIT B2 PARCEL# TITLE AREA APN 221 88-2 TCE 7043 SQ.FT. 1 1 8-1 71 -040 .i, ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 ROUTE 91 RIVERSIDE FREEWAY FOR DETAIL / C/L STATIONING I 1 1 I 1 1 1 1 7 8 9 280 1 2 3 4 EXISTING R/W �22188- ) PROPOSED R/W POB S81 °54'57"E 360.80' . - S79°02159"E 311 .39' — _ _ - TPOB - - _ - I "C" -- ... 1 I1-_ STREET _ _\\ I (A.K.A. SOFIA LANE) --- -�r /-_� I l 118-171-040 '� y -- /- r NI co• --- I�------ -� - m�------�I—� 1 118-171-039 8 118-171-026 q 118-171-025 1 I —1 I —1 ^ ?-� " Q i j —1 • c Q z �1 I NI ti 14.1 Q �� � w' _^ 1 1 18-1 71 -041 QWWII ,- YQU J JI 1 18-1 71 -038 1 1 18- 1 71-027 1 R z Q b 1 18-1 71-024 p 00 1 D 1 —1 Q ri L) _l 1 O -1 ; J_i J M co O^ I -i --- Q UI LT Q m if) O in W, nl -IUI Q W, 1 1 18-1 1 18-1 71-037 118-171-028 1 1_ 118-171-023 O o —1 71-042 1- 1 6 0 ;, I --1 I J n- r 1` J Q 0 1--)1 LOT 10 1 p 1^ O 1 1 1 1 1 Q 1 _j , 1 Q, O a0 Z I `Q I` 1 , S c) r.-,r W Q 1 o 1 118-171-036 m1 ! ` — 1 Y `' N' co ^ NI 1 �\11, -1 ,. 1 1 118-171-043 1 118-171-022 O 1 �I 1 o 1 �Ir31 pi 118-171-029 q1 Q Q oin -- 1 -1 11 11 U 1 W ��� \�J' S \ 1 16, ro N81 ° 56'00W --- 1 t`l �S 118-171-035 -IC311 ,l1 60 1 118-171-044 j Q 118-171-030 20.00' DOC° NO. 1- 2010- 91 0043661 ai O.R.i -1 118-171-021 ,z 1118-1 71-045 �11 1 O o 4 1 18-1 71-034 \2 11 118-171-031 1_1 (i 1 0 118-171-02001 o LEGEND _II _II 1 0 POB Indicates Point Of Beginning 9 9 I LOT 14 1 co 00 1 1 1 18- 1 71-019 O -- TPOB Indicates True Point Of Beginning 1 118-171-032 1 _1 v) ^ (R) Indicates Radial Bearing ( )Title to State II 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain ground 2 2 1 TEMPORARY CONSTRUCTION 8 8- 2 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)481Ana, 8053/(714)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 nn 91 5.3 1 2 EXHIBIT A, PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA APN 221 88-2 TCE 7043 SQ.FT. 1 1 8-1 71 -040 ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W POB °54'57"E S81 360.80' S81 °25'05"E 1 72.93' —__-/77\ 0 0 TPOB C22188-2� (.O Ln 0 - - - -1-, l9 I .,, "C" STREET N81 °25'05"W C (A.K.A. SOFIA LANE) N33°28'29"W 1 27.00' \ \ 26.94' LO M or— � 'wo_ in CO cn o 7 CO coI 118-171-040 o w i I� 27.78' 20' N81 ° 25'05 W w r` 03 8 I I pp 1 o f Z i j \/ 36b� O .R ` L 2p1 �� �OA '2D -1I J U Y Q Q J I NO o ,r. -60 J., 00 Z �- QOC' -isal; �1sjo Q J 0 " ' ca Q o cz i Q 1 1 8- 1 71 -041 -3> 3 30' o I �� 1 ti LEGEND 0o POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State JJJ__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 1 2 2 1 TEMPORARY CONSTRUCTION 8 Q U- 2 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V i rn 91 5.3 2 2 EXHIBIT A, PAGE 9 -SR--91 W/ ATOLL bk SR-9-1 E/-B T-0L1,LAI- National Community Renaissance of California 118-171-040 1 PWFE (WALL FOOTI NG) 634 SF TCE (TEMPORARY CONSTRUCTION) 7,043 SF 102 ATTACHMENT 4 RESOLUTION NO. 14-030 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 118-171-026 AND 118- 171-039, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, 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 Nos. 118-171-026 and 118-171-039 (CPNs 22189-1, 22189-2 and 22189-3) 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, September 10, 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 and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for fee, permanent wall footing easement and temporary construction easement interests in portions of certain real 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. 103 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and plat maps of the portions of the parcel upon which the fee, permanent wall footing easement and temporary construction easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interests 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 interests 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 interests 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 104 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 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 105 106 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. (The rights being acquired may be exercised mutually exclusive of each other.) "Fee," also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property acquired. "Permanent Wall Footing Easement" grants to ROTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace and remove footings, under, along and across the easement area. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. Such right shall be exercised for a period of 12 consecutive 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\8415483.1 107 EXHIBIT A, PAGE 1 108 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22189-1 Fee Acquisition APN 118-171-026 & 039 In the City of Corona, County of Riverside, State of California, being a portion of Tract 2687, as said tract is shown on that map, filed in Book 48 of Maps, Pages 65 and 66, in the office of the County Recorder of said county, described as follows: Beginning at the northwesterly corner of said tract; thence South 81 °54'57" East 218.43 feet along the northerly line of said tract to a point thereon, said point being the True Point of Beginning; thence easterly, continuing along said northerly line the following two (2) courses: 1) South 81°54'57" East 142.37 feet and 2) South 79°02'59" East 141.47 feet to a point thereon, said point being the northerly terminus of the centerline of Garfield Avenue, also known as Isabella Way, as shown on said map; thence South 08°17'36" West 3.41 feet along said centerline to a point thereon; thence North 77°32'51" West 118.79 feet; thence North 81 °25'05" West 165.22 feet to the True Point of Beginning. Containing 325 square feet. See Exhibit `A2' attached hereto and made a part hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. PA2PTG010501\SURVEY\LEGALS\22188-22190_APN_I 18-171-025,026,039,&040\Legals\22189-1-Fee.doe 1/21/2013 Pagel of 2 109 EXHIBIT A, PAGE 2 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 /-2/-/3 Brian E. Bullock, PLS 5260 Date PA\2PTG010501 \SURVEY\LEGALS\22188-22190_APN_118-171-025,026,039,&040\Legals\22189-1-Fee.doc 1/21/2013 Page 2 of 2 110 EXHIBIT A, PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA A P N 22189-1 FEE 325 SQ.FT. 118-171-026 & 039 ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 ROUTE 91 RIVERSIDE FREEWAY FOR DETAIL / C/L STATIONING I I I I I I I I 7 8 9 280 1 2 3 4 EXISTING R/W (221 89-1 PROPOSED R/W POB S81 °54'57"E 360.80' _ S79°02'59"E 31 1 .39' - 218.43' T�POB --� - - ( \•-1 - _ — _ t 1—I � i-I� 1-1 F-I -k o - — .sr-- I i - �C' STREET _ — (A.K.A. SOFIA LANE) -- �� l 1 1 \ I //---- —I I LrJr 1_�_=�---� -1--'1 1— 1 18-1 71 -039 1 18- 1 71-026 j 1 18-1 71 -025 1 Q 1 t l .q—r- Q IO —1 ° 1 z --`1 o Q 'sr w o 1 1 18-1 71-041 � Y Q V1 1 18-1 71 -038 1— 1 18- 1 71-027 o z Q 1 1 18-1 71-024 O^ L • 0 Ct 1 r) 1 1 -1 W J —t M o 1 Q U1 r 1 >- Q m to>.- - O Di —ILII Q Li1 In W1 1 18-1 71-042 1 18-1 71 -037 118-171-028 1_118-171-023 —1 o _l 1— 1 6Q � I —11 1 1 q r� ICI 1 J 0 1 --1I LO-r 10 1 p -i J Q^ OI 1 QI -1 -1 IQ1 6`OP Q O op Z s 1 1 1` I t -J W Q n1 118-171-036 mlNl L13�� c -1 Yi" N ° ^ ^ Ni 1A,�j' ^I 1 1 18-1 71-043 1 118- 1 71-022 1— 1 01 J of 1 118-171-029 of Q Q 9 � - - 1 -1 CIS 00 ' t C7 1 S _ � �� N81 ° 56100"IW --- ! � 1 ,11 118-171-035 —ICI N 1 60' —'1 ro 1118-171-044 Q 118-171-030 1 � 20.00 DOC. NO. 1i �- 2010- 91 0043661 bi O.R.i � 118-171-021 z 1 1 1 '�I Q 1 I N rn 1118-1 71-045 `� v 1 18-1 71-034 L 118-171-020 O o \�� 1 18- 1 71 -031 _ C� 0 LEGEND ?; of t 0 POB Indicates Point Of Beginning 1 LOT 14 1118-171-019 w o p TPOB Indicates True Point Of Beginning 1 118-171-032 1 cn ^ (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 1 FEE ACQUISITION 8 9- 1 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)481Ana, 8053/(714)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT --- COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 111 91 5.3 1 2 EXHIBIT A, PAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 22189-1 FEE 325 SQ.FT. 118-171-026 & 039 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY / C/L STATIONING 9 280 1 2 LINE TABLE L1 - SO 8°17'36"W 3.41' EXISTING R/W POB TPOB (22189-1 PROPOSED R/W - S81 °54'57"E 360.80' - S79°02'59"E 31 1 .39' k_____ 218.43' - 142.37' 141.47' T— I `o 1 1 8.79' iVent _ 41C"T STREET N — — i A.K.A. SOFIA LANE)N77°32'51"WI- — — - ' LOT 21 --r— — : — — _ _---- � 4 in o � I� �q 1 1 — 1-1 1 18-1 71-1040 — -r 1� 1 1 18-1 71-026 l oT a eo 1 LOT 22 I 118-171-039 " I 1.-Li \ 1 — — 7-- , b I ,�J a- I Co W 0' �' LOT 9 1 o-r 23 Q Q --.1 1 18-1 71-038 , _ � o Lc)1 I 14.1 o 118-171-041 �V�, ��r ��I CJ 118-171-027 z Q oo iQ Z 1 1 cr n �• ' ! I G � U j , 1_OT 20 j - 1 I J Q -J \vf I 2 } I C� DOC . NO. 201 0— >-i 004 1-Li I 3661 O.R. o W W CO o ILD J J 1 18-1 71-042� 1 118-171-037 ... 1 18-1 71-028 Q N- ^ 11- QI ct l o �Q Q 01 r ao 1 1- 1 1 LOT 19 LOT 10 CD Q ^ I I 1 1 LEGEND I ; I I • IN 1 szE POB Indicates Point Of Beginning 118-171-0316 118-171-029 �- I' TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing LOT la 1 1 LOT 11 I-1 1-1 ( )Title to State J_J_L1_ Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 FEE ACQUISITION 1 8 9- 1 distances. All distances are in feet unless otherwise noted. I i I FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo California (714)481n 8053/(7114)54592707 8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 7 91 5.3 2 2 EXHIBIT A, PAGE PS OMAS EXHIBIT `BF LEGAL DESCRIPTION Ca'trans Parcel No. 22189-2 Permanent Wall Footing Easement APN 118-171-026 & 039 In the City of Corona, County of Riverside, State of California, being a portion of Sofia Lane ("C" Street, Lot "D") as shown on the map of Tract No. 2687, filed in Book 48, Pages 65 and 66 of Maps, in the office of the County Recorder of said county, said portion of Sofia Lane having been vacated by Resolution No. 97-43 of The City of Corona recorded .tune 24, 1997 as Document No. 222392 of Official Records of said County, described as follows: Beginning at the northwesterly corner of said Tract No. 2687; thence South 81 °54'57" East 172.94 feet along the northerly line of said Tract No. 2687 to the intersection of said northerly line with the northerly prolongation of the centerline of Magdalena Circle (Grant Avenue) as shown on said Tract No. 2687, said intersection also being the True Point of Beginning; thence continuing South 81 °54'57" East 45.49 feet along said northerly line; thence South 81 °25'05" East 165.22 feet; thence South 77°32'51" East 118.79 feet to the centerline of Isabella Way (Garfield Avenue), as shown on said Tract No. 2687; thence South 08°17'36" West 3.51 feet along said centerline; thence North 77°32'51" West 72.88 feet; thence North 79°15'22" West 47.58 feet; thence North 81 °25'05" West 208.96 feet to said northerly prolongation of the centerline of Magdalena Circle; thence North 08°17'36" East 4.42 feet along said northerly prolongation to the True Point of Beginning. Containing 1,452 square feet. See Exhibit 132' attached hereto and made apart hereof. M:12PTG0105011SURVEYILEGALS122188-22190 APN_118-171-025,026,039,&04011,ega1s122189-2-PE.doe 3/12/2014 Page 1 of 2 113 EXHIBIT A, PAGE 6 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 rya 3 . r 1. 2 (4- Jeremy L. Evans, PLS 5282 Date N1:12 PTG 01050115URVEYILEGAL5122188-22190_APN_118-171-025,026,039,&0401Legals122189-2-PE.doe 3/3/2014 Page 2 of 2 114 EXHIBIT A, PAGE 7 EXHIBIT A2 PARC ELit TITLE AREA A P N 22189-2 ESMT 1452 SOFT. 118-171-026 & 039 ROUTE 91 RI VERSDE FREEWAY Y SEE SHEET 2 ROUTE 91 RIVERSIDE FREEWAY FOR DETAIL / C/L STATIONING I 1 1 1 1 1 I 1 7 8 9 280 1 2 3 4 EXISTING R/W (22189-2 PROP05ED R/W POB 581°54'57"E 360.80" �S79°02'59"E 311.39' 1 72.94' r TP ` ~� `_ _ - -'-("C" STREET) -� I SOFIA LANE ,------_____ LOT 7 1 1 118-171-040 `q �r _�'-+- ~ � --.-��,� CO — /"----_4._ V [� i- I I -� .�- - q 1 18- 1 71 -039 a 11 1 1 18-1 71-026 1 18-1 7P 025 1 z w 1 - -. u W , I? 1 cl' w 1 ]8-171-041 1 -t- 118-1 71-038 1 1 118-171-027 8 i Z - i 1 ]8-171-024 rroo O 1- _tI Qti p _Jr -t , m 00 }.- g 4 13' 1 >- 1 Q --J 1 1) }- - va- O i�t ^1LJ1 w � 1 18- 1 71 -092 € 1 18- 1 71 -037 118-171-028 ~) 1 UJ '� ]]8-171-023 o 60. 1 -J 1 1 °- -� F01-JI 1 OT 10 p W �I Q 01 i t _1 -11"1 r�JQ 1 �i 1 1 1 18-1 71-- 036 I C. 0, `' O co •- NI ,11 1 ^INI ��' ---. I N I I 1 18-1 71-043 ;, 1 1 -1°I 1 118-171-022 o I I I o 1 1 0 118-171-029 bI � q in 1 IA° ' -1 1 -1 1 (7 1 t~ i N81 ° 56'00"W _ _ _ _J -0 1 e' r 1 18-1 71-035 - 1 i`l 60' - in 1 18-1 71-044 I - 1 1(.1 1 18- 1 71-030 1 1- 20. 00' �DOC. NO �11 z 2010- g111 0043661 b1 O.R. 1118-171-021 f '� � 1 1 I 1 1 ,1 1118-1 71 045 Cr 1 -1 o "s .4, € P 18-1 71-034 -' 1 � 118-171-020 of �n 1� 1 -) 118--171-031 ;- ( j 1 n O LEGEND i-] _.1 1 O 1 _t 1 0 ti 1 1 ° POB Indicates Point Of Beginning ��r 1 , �0 118-171-032 1- I 118-171-019 p TPOB Indicates True Point Of Beginning 1 I 1 _1 cn (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 PERMANENT WALL 1 8 9- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. I I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)48 Ana, 8053/(7a19)545g 8883 (Fax) DATE: 01-21-13 REV.:2; 02-25-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 117, 91 5.3 1 2 EXHIBIT A PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA APN 22189-2 ESMT 1452 SO FT. 118-171-026 & 039 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ` I I I � 9 280 1 2 LINE TABLE DETAIL "A" L1 - S08°17136"W 3.51' L2 - N08°17'36"E 4.42' EXISTING RAN 22189-2) PROPOSED R/W TPOB POB - 172.94' S81 ° 54 "57"E 360.801 7,---- S 79° 02'59"E 31 1 .39' 45.49v--` 581 °25'05"E 1 65.22' 577°32'51 "E 118.79' — — — — iminum - env . L2 N81 °25"05"W 208,96' � o ~'MIIME _ _ y� V �("C" STREET) 1�-- \ — SOF�IA LANE 7—� - _- — I/ — �I LOT 11 ��� Q -.E. L1 N ' ti Ir- o 1 47.58' 1 18-1 71-1040 — i i 1 18- ] 71 -026 LD r 8 co1 LOT ?.2 I 118-171-039 R Lu I� 1 € O p 1 '. � r j t1 S J b�� NI- -' r °o W 118-171-038 111. LOT 7 LOT 73 1 � �6�' �' U I 1 W , N ; 1 1 8- 1 71 -041 z 1Z " € 1 18- ] 71 -027 Z 11- Z i ct �� I � 5�'� I 1 O f 20 j ,- I LET 24 I DOC. NO. 201 0- wll 0043661 O.R. o i w IC N I Ii) - 1 18-171 -Io4z 1 118-171-037 -(I 1 18-1 71-028 --1 - Ik- I -::(I ct w - 1 60' 1 OI 1 cr.) co1- 1 LOT 19 1 LOT t o L7 N 1 ._ � !n :IT 1 LEGEND ' i„ '- POB Indicates Point Of Beginning 118-171 0316 1 1 18-1 71-029 i i_1 TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing LOT 13 1 LOT 11 � � i_1 ( } Title to State J_LL1_ Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 PERMANENT WALL S 9- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. i I FEET 0 30 60 120 180 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 266 (714(481n 6�053/(714)345-8883 (Fax) DATE: 01-21-13 REV,:2; 02-25-14 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V H 6 91 5.3 2 2 EXHIBIT A PAGE 9 PS OMAS EXHIBIT `CV LEGAL DESCRIPTION Caltrans Parcel No. 22189-3 Temporary Construction Easement APN 118-171-026 & 039 In the City of Corona, County of Riverside, State of California, being a portion of Tract 2687, as said tract is shown on that map, filed in Book 48 of Maps, Pages 65 and 66, in the office of the County Recorder of said county, described as follows: Beginning at the northwesterly corner of said tract; thence South 81 °54'57" East 172.94 feet along the northerly line of said tract to a point thereon, said point being the intersection of said northerly line with the northerly prolongation of the centerline of Grant Avenue, also known as Magdalena Circle, as shown on said map; thence South 08°17'36" West 3.10 feet along said prolongation of said centerline to a point thereon, said point being the True Point of Beginning; thence South 81 °25'05" East 210.57 feet; thence South 77°32'51 " East 118.92 feet to a point on the centerline of Garfield Avenue, also known as Isabella Way, as shown on said map; thence South 08°17'36" West 49.34 feet along last said centerline to a point thereon; thence North 77°58'55" West 30.77 feet; thence North 36°13'39" West 19.61 feet; thence North 77°32'51" West 75.77 feet; thence North 81 °25'05" West 164.01 feet; thence South 54°08'06" West 28.56 feet; thence North 81 °25'05" West 24.65 feet to a point on said centerline of Grant Avenue; thence North 08°17'36" East 56.50 feet along last said centerline and said northerly prolongation of last said centerline to the True Point of Beginning. Containing 13,209 square feet. See Exhibit `C2' attached hereto and made a part hereof. PA2PTG010501 \SURVEY\LEGALS\22188-22190_APN_118-171-025,026,039,&040\Legals\22189-3-TCE.doc 1/21/2013 Page 1 of 2 117 EXHIBIT A, PAGE 10 1 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 /-2/- /3 Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22188-22190_APN_ 118-171-025,026,039,&040\Legals\22189-3-TCE.doe 1 /21 /2013 Page 2 of 2 118 EXHIBIT A, PAGE 11 EXHIBIT C2 PARCEL# TITLE AREA APN 221 89-3 TCE 13209 SOFT. 1 1 8-1 71 -026 & 039 ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 ROUTE 91 RIVERSIDE FREEWAY FOR DETAIL / C/L STATIONING 1 I 1 1 1 I I 1 7 8 9 280 1 2 3 4 EXISTING R/W (22189-3) PROPOSED R/W POB S81 ° 54'57"E 360.80' — _ _ _ S79°02'59"E 31 1 .39' -_ - T P Oter- 1-t 1- 1-I -F 1- 1-1 - r I -r 1-1 - - r _ 1- "C" _.0_ - 1 STREET _ _ (A.K.A. SOFIA LANE) ------- -_ I I �_.-_- - _ _ _ _ _ I O_r % \ I 1 118-171-040 cl 1 1 r -te-+--t--�� 1 ` co -- / V/ -- -+- -' 1 18-1 71 -039 1 1 18-1 71 -026 0 1 118-171-025 o -1 1 1 1 - vr � '� -1 ° � Q 1 • YQU --1 J1 1 1 8-1 71-038 cN - 1 1 18-1 71-027 I- 1 z Q 1 1 18-1 71-024 M o co ^ 01 -1 Q • � �I QI -1 0 1 -1 ; -J -1 J IM co 00 �- 1 " Q UI >- Q m 1 to �- - vi- O 0p o J11 118-171-042 118-171-037 118-171-028 v) 118-171-023 � 1-1 6 0 1,,�j 1` J 0 1 0 1 -1 1 LOT 1 0 p -1 —1 0 1 Q 1 -1 -1 1 Q 1 r' �- 10P J Q p 1 z 1 �� W1 p I to 1 1 1 18-1 71-036 m C) 1 � j1ff3/ '- 1 ;r O co _m NI t_l l �I -INI ,11>> Y� N I I , 118-171-043 1 I E 118-171-022 o I 1 � 1 QI >��1 QI 118-171-029 p1 Q QI o Ln - - i 1 1 W3 ' —1 i _II cD "jar 1" 10 ° N81 56 00 -- -! 1 118-171-035 1 -1C41 I (' I 60' -, i IW 118-171-044 Q 118-171-030 � 20.00 DOC° NO. 1- 2010- Ql 0043661 0i O.R.; -1 118-171-021 1z 1 '11 Q 1 t\l a, 1i18-171-045 DI -1 o v- aryl 118-171-034 1 18-1 71 -020 0 0 \n I - 1 18-1 71 -031 , i ( 1 0 LEGEND 1 ,, _1Y �o rZi _ POB Indicates Point Of Beginning 9 9 1 1 LOT 1�} 1 i � on co Q 1 18-1 71-019 p •- TPOB Indicates True Point Of Beginning 118-171-032 1 i -1 1 to •- (R) Indicates Radial Bearing ( ) Title to State JJJ__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 2 2 1 TEMPORARY CONSTRUCTION 8 9- 3 EASEMENT nl distances. All distances are in feet unless otherwise noted. I Iit I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 _9 91 5.3 1 2 EXHIBIT A, PAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 221 89-3 TCE 13209 SOFT. 1 1 8-1 71 -026 & 039 LINE TABLE L 1 - S08° 1 7'36"W 3.1 0' L2 - S08° 1 7'36"W 49.34' L3 - N36° 1 3'39"W 1 9.61 ' L4 - S54°08'06"W 28.56' ROUTE 91 RIVERSIDE FREEWAY L5 - N08° 1 7'36"E 56.50' / C/L STATIONING 9 280 1 2 ROUTE 91 RIVERSIDE FREEWAY EXISTING R/W 22189-3) PROPOSED R/W POB S81°54'57"E 360.80' S79°02'59"E 311.39' 1 72.94' ---\ -F L1 - - t 1- I -h -1- 1-1 -1 -1- f 1-i o o� S81 25 05 E 21 0.57 0 - S77°32'51 "E .Mime - -\"C" STREET J TPOB (A.K.A. SOFIA LANE) 118.92' 1- _ - `l — , /_-- o --�-- �-- �- — y N81 25 05 W 161.01 LOT 21 L3 -- — -�� - - - - - 75,77' \ N77°32'51 "W N J N 0 i-' 1L. Q 1 18- 1 71-1040 \ L4 — 1 — c 1� I I � 1 18-1 71-039 1 1 LD-r 8 % c_° 1 LOT 22 o4.65 Ni81 25 05 W 118-171-026 00.77 N77 58 515 W w � 1 _ _ j•Z '11 �� j1t 6 / ' NO I I CO w W 0' 5' LOT 9 LOT 23 1 Q Q 1 1 18-1 71-038 ,'_ i.o • --.1-1 I I L.V o I 118-171-041 Z ! `1 Q U »� � (Yi NO l ( 118-171-027 � Z Q I� IQ ) OZ \ I c C7 Q• � � (--)1 ri. ' 1_ O r _I CJ I I I � � oo - 1- 1 Q Q 1 1 I LOT 2,1 DOC. NO. 2010- >- 0043661 O.R. o W1 '� l 1-Li � w CO N Ito �I `, _� � 1 1 18-1 71-042 118-171-037 118-171-028 Q - 11- I Q1 cc � IQ 60 I Q oo - I LOT 19 NI LOT 10 CD • Q ^ 1 1 1 I LEGEND 1 • I" POB Indicates Point Of Beginning 118-171-0316 1 1 18-1 71-029 Q TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing LOT 18 1 1 LOT 11 10 1-1 ( ) 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 2 2 1 TEMPORARY CONSTRUCTION 8 9- 3 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 Santa (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 120 91 5.3 2 2 EXHIBIT A, PAGE 13 -SR=91-W/B TOLLIANE SOFI A LANE National Community Renaissance of California 118-171-026, 118-171-039 { II SR-91 E/ B FEE 325 SF PWFE (WALL FOOTI NG) 1,452 SF TCE (TEMPORARY CONSTRUCTION) 13,209 SF 121 ATTACHMENT 5 RESOLUTION NO. 14-031 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT AND TEMPORARY CONSTUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-171-025, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire fee, permanent wall footing easement and temporary construction easement interests in portions of certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-171-025 (CPNs 22190-1, 22190-2 and 22190-3) 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, September 10, 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 and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for fee, permanent wall footing easement and temporary construction easement interests in portions of 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. 122 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and assessor parcel map of the portion of the parcel upon which the fee, permanent wall footing easement and temporary construction easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interests 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 interests 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 interests 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 123 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 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 124 125 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. (The rights being acquired may be exercised mutually exclusive of each other.) "Fee," also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property acquired. "Permanent Wall Footing Easement" grants to ROTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace and remove footings, under, along and across the easement area. "Temporary Construction Easement (TCE)" refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. Such right shall be exercised for a period of 12 consecutive 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\9125496.1 126 EXHIBIT A, PAGE 1 127 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Ca'trans Parcel No. 22190-1 Fee Acquisition APN 118-171-025 In the City of Corona, County of Riverside, State of California, being a portion of Lot 7 of Tract No. 2687 as shown on the map filed in Book 48, Pages 65 and 66 of Maps, records of said County, together with those portions of Isabella Way, (Garfield Avenue, Lot "I"), Sofia Avenue, ("C" Street, Lot "D") and the alley shown as Lot "J" of said Tract No. 2687, vacated and abandoned by Resolution No. 97-43, recorded June 24, 1997 as Instrument No. 222392 of Official Records of said County, lying adjacent to said Lot 7, which would pass by operation of law upon conveyance, described as follows: Beginning at the northeasterly conger of said Tract No. 2687; thence South 08°04'00" West 7.88 feet along the easterly line of said Tract No. 2687; thence North 77°32'51" West 117.34 feet; thence South 12°27'09" West 1.50 feet; thence North 77°32'51" West 10.00 feet; thence North 12°27'09" East 1.50 feet; thence North 77°32'51" West 42.87 feet to the centerline of said Isabella Way; thence North 08°17'36" East 3.41 feet along said centerline to the northerly line of said Tract No. 2687; thence South 79°02'59" East 169.91 feet along said northerly line to the Point of Beginning. Containing 973 square feet. See Exhibit `A2' attached hereto and made a part hereof. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. M:12PTG0105011SURVEYILI GALS122188-22190 APNW118-171-025,026,039,&0401LegaIs122190-1-Fee.doe 3/12/2014 Page 1 of 128 EXHIBIT A, PAGE 2 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 3 r l . ear 4- Jeremy L. Evans, PLS 5282 Date M:12PTG0105011SURVEY LEGALS122188-22190_APN_118-171-025,026,039A0401Lega[s122190-1-Fee.doc 3/3/2014 Page 2 of 2 129 EXHIBIT A, PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 221 90T-1 PEE 973 SQ.FT. 1 1 8--1 71 -026 & 039 -ii ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 / C/L STATIONING FOR DETAIL 1 4 1 1 I i I 7 8 9 280 1 2 3 4 EXISTING R/W EXISTING R/W PROPOSED R/W 221 90-1 - S81 ° 54 "57"E 360.80' - S79° 02'59"E 31 1 .39' POB l _-_ _ - --1-��"C" STREET) -o _ 1 SOFIA LANE -- -- _ _ _�c�:1._ ----____- 7__ 1118-171-040 "\_- �� cs) ��3----- 1 r- _ �� 1 1� 0 1 b 1 � 18-171-039 q 118-171-026 118-171-025 1 Z Ili I — .r- i Q i � I -1 � W� I q 01 I -� I� I 1 Q w o0 1 118-171-041 � ❑C U 118-171-038 118-171 027 0 > - 1 118-171-024 in ,- 1 I I Q U -1 -1 j 1 1 ro co col �I 1 s • 11 n 1 o 0 �1 - in I W ]18-171-042 1 ]]8-171-037 Li UI 118-171--028 I -1 W 118-171-023 114.1 a o ^ o �11 1 60 _;�I 1 1�1 _11 1 �1-1I L�r Jo ❑ m iJ a O I -1 -1 1 rr7 1i 1 o� zI 1 �� O in ]18-171-036 L°I�1 r+t iN oo - ni � �1I C -IN 1��,� 11 1 1 1 18-1 71-043 I c 1 l- 118-171-022 1 0 1 ;, 1 ?. J 1- 1 1 1 18-1 71-029 q 1 Q I Q 1 u1 - 1 ° _1 _I 1 C7 3 I � i~ N81 ° 56'00"1W -J -- .t) I 118-171-035 1I NI 60' -1 II 1n 1118-171-044 1 Q iri 118-171-030 20.00 1" 1DOC. N0. , 1 201 0 �1 0043661 'DI O.R.I 1 118-171--021� -� A€ � 1 I 1 �1 - rn 1118-171-045 Cc1 p m ,sr , 1 118-171-034 -1 -1 , 1-o 118-171-020 1 vQ 1� 1 118--171-031 -» C� c) o 0 LEGEND 1 _ii 1 _1, o - POB Indicates Point Of Beginning 1 LD7 14 1 11-- 0 o m 118-171-032 118-171--019 o �- TPOB Indicates True Point Of Beginning j € 1 i •- (R) Indicates Radial Bearing C----) 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 FEE ACQUISITION 1 9 ®- 1 distances. All distances are in feet unless otherwise noted. FEET Q 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Dr'iye, Ste. ZOO 2767 (71nta 4)4B1n 8D53/(7a14)545rnio 98BB3 (Fax) DATE: 01-21-13 REV.: 2; 02-25-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 130 91 5.3 1 2 EXHIBIT A PAGE 4 EXHIBIT A2 PARCEL# TITLE AREA APN 221 90-1 FEE 973 SQ.FT. 1 1 8-1 71 --025 LINE DATA BEARING DISTANCE L1 N77°32'51 "W 42.87` L2 N12°27'09"E 1 ,50' L3 N77° 32'51 "W 1 O.QQ' L4 S12°27'09"W 1.50` 118-171-047 DETAIL "A" EXISTING RAN N08° 1 7`36HE 3.41' ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W S79°02'59"E 311.39' POB C () �.11:1110 - - -_- _ _ "W 7.88' �a _ _ _N77°32'51 ALLEY �LOi 71,j„---- 1_1 7.34' - --- 0o L1 i L4 L T l (221 90- 1 - ~- _ >� 5- k I ' /� DOC. NO. 2010-0043661 O.R. VACATED AND ABANDONED PER 1- c) _ �- M 0") •zz- z � (fr � w` RES. NO. 97-43, REC'd 6-24-1 997 b r° AS INST. NO. 222392, O.R. 1r�J..� � o i w CO � .. O - c\I q �� I o W � I: c) -� \O' f 1 18-1 71-024 5-- Co o CAD a CC 1 '�i��c� VACATED AND ABANDONED w 00 30' PER RES. NO. 97-43, REC'D 6-24-1997 AS -.z NN r-- LEGEND INST. NO. 222392, O.R. 1 2 n POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State L.IJLJ- Access Prohibited NOTES Coordinates and bearings are on CGS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 FEE ACQUISITION 9 �j V- 1 distances. All distances are in feet unless otherwise noted. f FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 2707 (711n a4)9448180534715458883 (Fax) DATE: 01-21--13 REV.: 3; 02-25-14 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 t I V 131 91 5.3 2 2 EXHIBIT A, PAGE 5 PS OMAS EXHIBIT `BP LEGAL DESCRIPTION Ca'trans Parcel No. 22190-2 Permanent Wall Footing Easement APN 118-171-025 In the City of Corona, County of Riverside, State of California, being a portion of Lot 7 of Tract No. 2687 as shown on the map filed in Book 48, Pages 65 and 66 of Maps, records of said County, together with those portions of Isabella Way, (Garfield Avenue, Lot "I"), Sofia Avenue, ("C" Street, Lot "D") and the alley shown as Lot "J" of said Tract No. 2687, vacated and abandoned by Resolution No. 97-43, recorded June 24, 1997 as Instrument No. 222392 of Official Records of said County, lying adjacent to said Lot 7, which would pass by operation of law upon conveyance, described as follows; Beginning at the northeasterly corner of said Tract No. 2687; thence South 08°04'00" West 7.88 feet along the easterly line of said Tract No. 2687, to the True Point of Beginning; thence North 77°32'51" West 117.34 feet; thence South 12°27'09" West 1.50 feet; thence North 77°32'51" West 10.00 feet; thence North 12°27'09" East 1.50 feet; thence North 77°32'51" West 42.87 feet to the centerline of said Isabella Way; thence South 08° 17'36" West 3.51 feet along said centerline; thence South 77°32'51" East 170.22 feet to said easterly line; thence North 08°04'00" East 3.51 feet to the True Point of Beginning. Containing 581 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 M:12PTG0105011SURVEYILEGALS122188-22190 APN 118-171-025,026,039,&0401Legals122190-2-PE.doc 3/12/2014 Page 1 of 2 132 EXHIBIT A, PAGE 6 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 combination factor for this conversion is 0.99997476. Prepared under the direction of CG�-no .3 • (1, ZD / 4- Jeremy L. Evans, PLS 5282 Date M:12PTG0105011Si1RVEYILEGALS122188-22190 APN_118-171-025,026,039,&0401Legals122190-2-PE.doe 3/3/2014 Page 2 of 133 EXHIBIT A, PAGE 7 EXHIBIT B2 PARCEL# TITLE AREA APN 221 90-2 ESMT 581 SQ.FT. 1 1 8-1 71 -026 & 039 .i, ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY SEE SHEET 2 / C/L STATIONING FOR DETAIL 1 1 1 1 1 1 1 1 7 8 9 280 1 2 3 4 EXISTING R/W PROPOSED R/W 22190-2 - S81 ° 54'57"E 360.80' S79°02159"E 31 1 .39' POB / - + 1-1-t + I -I + 1-1-1 - �T +' 1-1 -k - - - __ - -, 1 1 "C" S TREE T) ___SOFIA_LANE=__ `�___� — Eric__. I L� � ' „.---�' , ,i i �;F_j 1 .—^�T TPOIB 118-171-040 co 1-I o j b 1 118-171-039 _i 118-171-026 ! 118-171-025 7 i 1 M 1 Ww of �c\I 1 1 —.. W I� I I 'Kr~ " w e 1 18-1 71-041 1- 1 q t 1 18-1 71-038 1 1 1 18-1 71-027 o Z 1 18- 1 71 -024 I -- I Co �- .i 1 ? f Q �n 1 �` - O �J 1 o -J 118-171-042 •;-•1 11 118-171-037 118-171-028 € W 1_ 118--171-023 1i p ti 60' 1-'�11 I ti -I � �, -1 I L O T J O i Q c a 1 _1 � R �lI -1i' ���P 1Q o d -.J ,' to mill 118-171-036 MINI � i" CO N1I V\'-) ,I � IN 1 1 18-1 71-043 � L ,_ I cc 1 1- 1 18-1 71-022 I j 1 18 1 71-029 11 o -- I i �� a o � I I qi\�� �1 1 `60` 1 N81 °56'00"iW ---- �" 1 118-171-035 -' 118-171-030 �1 -. fv) 1 118-171-044 1 Ic9i 20.00' 1- -.1 1 ,_I 1DOCo NOa 1— 2010— , q 1 0043661 biI Oeo, Q R1 118-171-021 — z 1 �I Q 1 t�l 1 1118-1 71-045 Cr I 1 -1 o , I 1 18-1 71 -034 --rn 1 1 0 y� .� 118-171-031 1_1 C.i a 118--171-020 O LEGEND 11 1 �1 1 'V 1 — o Pp8 Indicates Point Of Beginning 1 LOT 14 1 o a co 118-171-032 q 118-171-019 - TPOB Indicates True Point Of Beginning 1 _i cn (R) Indicates Radial Bearing ( ) Title to State 1J_11L Access Prohibited NOTES Coordinates and bearings are an CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 PERMANENT WALL 9 0- FOOTING 2 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 290 to Aa, California 92707 (71,1)481n 805347114)545-8E63 (Fax) DATE: 01-21-13 REV.: 2; 02-25-14 EA: OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 91 5.3 1 2 EXHIBIT A, PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA AP 221 90-2 ESMT 581 SOFT. 1 1 8-1 71 -025 LINE DATA BEARING DISTANCE 'il L1 N77°32'51 "W 42.87' L2 N12°27'09"E 1.50' L3 N77°32'51 "W 1 0.00` L4 S12°27`09"W 1,50' 118-171-047 DETAIL "A" N08° 1 7'36"E EXISTING R/W 3.41 ' ROUTE 91 RIVERSIDE FREEWAY PROPOSED R/W S79°02'59"E 311.39' L2 L4 POB AI A 1 69.91 ' _ 111h1._1 in o t08°17`36HE 1111111-11ThUllimuwu,IrW, 117.34' S77` 32'51 "E wt�luv. 7.88` AILLEY- r_0- trjn ` - _ 1 70.22� -=- 0\ 3,51' _ _ ��- L31 - r TPOB -___ --_ter --=±: � I LOT 1 '71- `- (22190-2 Lc, o ° o w ‹t. DOC , NO. 201 0-0043661 O.R. VACATED AND ABANDONED PER - c_-) .__--:o .,- 1n co c5, ,(- �i z j Q w CO RES. NO 97-43, REC'D 6-24-1997 TO AS INST, NO. 222392, O.R. , r-- to �0 ,�, 7.) o - �� , - 0 0 %''`' .O �,3 C a (.' �P' 118--171-024 o M "� CCO 'Y VACATED AND ABANDONED co 30' PER RES. N0. 97-43, REC'D 6-24-1997 AS N r� `_ � LEGEND INST. NO. 2223929 O.R. I ti 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 PERMANENT WALL 9 O- 2 FOOTING EASEMENT distances. All distances are in feet unless otherwise noted. i FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 n B053/Ifornia (714)545g2707 (714)4Ana, 8883 (Fax) DATE: 01 -21 -13 REV.: 3; 02-25-14 EA: OF540 FA#: DISTRICT COUNTY - ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 136 91 5.3 2 2 EXHIBIT A PAGE 9 PS OMAS EXHIBIT `C1' LEGAL DESCRIPTION Caltrans Parcel No. 22190-3 Temporary Construction Easement APN 118-171-025 In the City of Corona, County of Riverside, State of California, being a portion of Tract 2687, as said tract is shown on that map, filed in Book 48 of Maps, Pages 65 and 66, in the office of the County Recorder of said county, described as follows: Beginning at the northeasterly corner of said tract; thence South 08°04'00" West 11.39 feet along the easterly line of said tract to a point thereon, said point being the True Point of Beginning; thence South 08°04'00" West 36.61 feet continuing along said easterly line to a point thereon; thence North 77°32'51" West 123.75 feet; thence South 55° 17'25" West 23.89 feet; thence North 81 ° 19' 19" West 29.03 feet to a point on the centerline of Garfield Avenue, also known as Isabella Way, as shown on said map; thence North 08°17'36" East 56.07 feet along said centerline to a point thereon; thence South 77°32'51" East 170.23 feet to the True Point of Beginning. Containing 6,907 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\22188-22190_APN_ 118-171-025,026,039,&040\Legals\22190-3-TCE.doc 1/21/2013 Page 1 of 2 136 EXHIBIT A, PAGE 10 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\LEGALS\22188-22190_APN_118-171-025,026,039,&040\Legals\22190-3-TCE.doc 1/21/2013 Page 2 of 2 137 EXHIBIT A, PAGE 11 EXHIBIT C2 PARCEL# TITLE AREA APN 22190-3 TCE 6907 SOFT. 118-171-025 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY / C/L STATIONING I I I I I I I I 7 8 9 280 1 2 3 4 SEE SHEET 2 PROPOSED R/W FOR DETAIL EXISTING R/W - S81 °54'57"E 360.80' POB S79°02'59"E 31 1 .39' - --- \, - - �ta� __ or��► - "C" -'` 1 STREET --`, (A.K.A. SOFIA LANE) I- - ' .--- __ _____ ---` -- 1 LOT i TPOB 1 1 1 118-1 71-040 N.- -- �t -r - m - - N 1 18-1 71-039 oil 1 18-1 71-026 t � I 1 18-1 71-025 , .. I o o 1 -t _i Q 1 I N Qwwi Q N W n --1- M I-'J ' 1 18-1 71 -041 Y Q Ui 1 18-1 71-038 1- 1 18-1 71-027 o z Q1 1- J 1 18-1 71 -024 ( o _,i Qo�i _,i -i i w _� 1 i,t co O co - 1' >-1 �� Q �l rr i >-1 Q Q to 1 I >-'(, o 1 N OO 1n 1 �i-1 wi 118-1 71-042 118-171-037 118-171-028 vli ,_ 118-171-023 i4% 0 6 0 t_I�j ri I` 1'_1 Q I- O I --11 1 L o-r 1 D J -t , J, _ O 1 IQ 1QI , Q IQ�` O m z �,--or (3/cam -J m OI In 118-171-036 mIOI j —1 � Y1 Imo`, 0� N1 N N -iNi ��,�� - w 1N 1 1 118-171-043 � �i cr Ql 118-171-022 1 O I �i c1 0 J 1 18- 1 71-029 Q �i o i cn - i }; l y0 , C3 '� � N81 °56'OO iW ---! i1-0- 1 18-1 71-035 - i N 60' - r' 1 1 18-1 71-044 Q is i 1 18- 1 71-030 1- 20.00 DOC. NO. 0 1- 2010- 91 0043661 ai O.R. 118-171-021 1118-171-045 •01 1i ��i ( 118-171-034 118-171-020 O O o yn 81 118-171-031 ,1 („)11a LEGEND _11 _II '' O 0 •- POB Indicates Point Of Beginning 1 ,or 1�� h a o 1 co 118-171-019 TPOB Indicates True Point Of Beginning 1 118-171-032 1 i s in -- (R) Indicates Radial Bearing ( ) Title to State LLLL 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 2 1 TEMPORARY CONSTRUCTION 9 0- 3 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 (714)481Ana, 8053/(7114)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V --,09 1 5.3 1 2 EXHIBIT A, PAGE 12 EXHIBIT C2 PARCEL# TITLE AREA APN 221 90-3 TCE 6907 SOFT. 1 1 8-1 71 -025 ROUTE 91 RIVERSIDE FREEWAY 118- 1 71 -047 —Th EXISTING R/W PROPOSED R/W S79°02'59"E 311.39' POB TPOB Nz � c) _ — , S77°32'51 "E 1 70°23� -_,. --�.�. .' 11 .39' V► n.m _ W 03 - ro o z N- O Ln- 1 \ I . I .4 (0 N77°32'51"W—o ,`L _ � 12 �h i lrn0 — — — - � Z Q = DOC. NO. 2010-0043661 O.R. 29.03' 1 N81 ° 1 9'1 9"W ,- -r/0 I b-' Ps'; 1 0,> ---- -+ —7 ,r- ro M o m o - °o 1 I o N O� `- --I 1_,.. Q f to -.1I C� ��' Y. ^ .CJ I 05 � 'Q I- . 0�>' Q Q 0 � O m O M <1- IW Q`— —I 1 18-1 71 - 024 i J I m .- 30' i Q I O IN N_ i LEGEND I I I ,- 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 2 2 1 TEMPORARY CONSTUCTION 9 0- 3 EASEMENT distances. All distances are in feet unless otherwise noted. I FEET 0 15 30 60 90 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Aa California 92707 (714)481n 8053/(7114)545-8883 (Fax) DATE: 01-21-13 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 139 91 5.3 2 2 EXHIBIT A, PAGE 13 National Community Renaissance of California 118-171-025 mouremaumbwiliegommti— MMONIMINOOMM—&". FEE 973 SF PWFE (WALL FOOTI NG) 581 SF TCE (TEMPORARY CONSTRUCTION) 3,229 SF SR- 9a E/-3 TOLL -LANE. la 14U ATTACHMENT 6 RESOLUTION NO. 13-011 A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AMENDING RESOLUTION OF NECESSITY NO. 13-011 TO ACQUIRE ADDITIONAL PROPERTY INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 115- 060-013, 115-060-015; 117-270-005 and 117-270-013 LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, on June 12, 2013, the Riverside County Transportation Commission (the "Commission") adopted Resolution of Necessity No. 13-011 to acquire fee, permanent wall easement, permanent access easement, permanent utility easement and temporary construction easement interests (CPNs 22275-1, 22275-2, 22275-3, 22275-4, 22275-6, 22275-7 and 22275-8) in portions of certain real property, located in Riverside County, California more particularly described as Assessor Parcel Nos. 115-060-013, 115-060-015, 117-270-005 and 117-270-013 ("Subject Property"). WHEREAS, the Commission now proposes to acquire additional fee, temporary access easement, permanent drainage easement and temporary construction easement interests (CPNs 22275-5, 22275-9, 22275-10 and 22275-11) in portions of the Subject Property 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, the property owner and the Commission having entered into a stipulation on July 30, 2014 the Court entered an Order authorizing the Commission to amend Resolution of Necessity 13-011 to add the additional property interests; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, September 10, 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 and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution amending Resolution of Necessity 13-011 pursuant to section 1240.040 of the California Code of Civil Procedure; 141 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. Amendment to Resolution of Necessity 13-011. Resolution of Necessity 13-011 adopted on June 12, 2013 is amended to add the additional fee, temporary access easement, permanent drainage easement and temporary construction easement interests (CPNs 22275-5, 22275-9, 22275-10 and 22275-11). Section 3. Public Use. The public use for the fee, permanent wall easement, permanent access easement, permanent utility easement and temporary construction easement interests (CPNs 22275-1, 22275-2, 22275-3, 22275-4, 22275-6, 22275-7 and 22275-8) and for the additional fee, temporary access easement, permanent drainage easement and temporary construction easement interests (CPNs 22275-5, 22275-9, 22275-10 and 22275-11) to be acquired in portions of the Subject Property is for the State Route 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 4. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and plat maps of the portions of the parcel upon which all of the property interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 5. 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 6. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interests 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 142 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 interests subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 7. More Necessary Public Use. Some or all of the real property affected by the interests 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 8. 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 9. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 10th day of September, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 143 144 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: (The rights being acquired may be exercised mutually exclusive of each other.) "Fee," also known as fee simple or fee simple absolute, grants to RCTC, absolute ownership of the property. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Construction Easement" (TCE) refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. With respect to CPN 22275-7 and 22275-8, 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. With respect to CPN 22275-11, such right shall be exercised for a period of thirty-six (36) consecutive 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. "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. 173 3 6.02100\9131264.1 145 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. "Permanent Drainage Easement" refers to a perpetual drainage easement in favor of RCTC, its successors and assigns, together with a right of way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of an underground enclosed storm drainage system including any all structures and appurtenances incidental thereto designed to convey storm water runoff Property Owner may use the surface of the easement area for parking and to traverse over in a manner that will not interfere with or be detrimental to the use of said easement and right-of- way by RCTC, its successors and assigns. 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. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Temporary Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, together with the right to traverse and maintain an access way to access RCTC owned facilities and/or construction sites, 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 173 3 6.02100\9131264.1 146 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 for the duration of the easement 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. Such right shall be exercised for a period of thirty-six (36) consecutive 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. 173 3 6.02100\9131264.1 147 148 AS EXHIBIT `Al' LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22275-1 5 Fee Acquisition 6 APN 117-270-007 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described as Parcel 2 in the Quitclaim Deed recorded August 2, 2006 as Document to No. 2006-0565691 of Official Records of said County, described as follows: 11 12 Beginning at the southeasterly corner of said Parcel 2; thence North 81°40'38" West 13 212.14 feet along the general southerly line of said Parcel 2 to a point on the westerly line 14 of the land described in the Final Order of Condemnation entered September 29, 1915, in 15 Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being 16 recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said 17 point being the True Point of Beginning; thence North 81°40'38" West 19.65 feet 18 continuing along said general southerly line to the beginning of a curve concave 19 northeasterly having a radius of 25.00 feet; thence northwesterly along said curve and 20 said general southerly line 15.87 feet through a central angle of 36°21'56"; thence South 21 81°26'22" East 29.38 feet to a point on said westerly line, said point being the beginning 22 of a non -tangent curve concave northeasterly having a radius of 206,53 feet, to which 23 point a radial line bears South 52°17'05" West; thence southeasterly along said curve and 24 said westerly line 6.96 feet through a central angle of 01°55'52" to the True Point of 25 Beginning. 26 27 28 Containing 130 square feet 29 30 31 See Exhibit 'A2' attached hereto and made apart hereof. PA2PTG010501\SURVEY\LEGALSk22275 APN 117-270-007iLegals\22275-1-Fee,doex Page 1 of 2 10/17/2012 0 A 1 2 This conveyance is made for the purpose of a freeway and the Grantor hereby releases 3 and relinquishes to the Grantee any and all abutter's right or access, appurtenant to 4 Grantor's remaining property, in and to said freeway. 5 6 The distances described herein are grid distances and are based on California Coordinate 7 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 8 grid distances by the mean combination factor of the courses being described. The mean 9 combination factor for this conversion is 0.99997476. 10 Il 12 t Prepared under the direction of 13 14 15 16 17 Brian B. Bullock, PLS 5260 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7-72 Date PA2PTG010501\SURVEY\LEGALS122275_APN_ 7-270-007Tegals\22275-I-Fee.docx Paue 7 of 2 10/17/2012 150 FARCE 117-270-003 TITLE 7-2 0-00 SHEET 2 360 GRANTOR T A 30 SO. FT. SHEET INDEX ROUTE 91 RIVERSIDE FREEWAY EGEND PO8 indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ) Title to State [Access Prohibited NOTES Coordinates and bearings ore on iCCS 1983(2007.00) Zone 6, Distances and 'stationing ore grid distances. Divide lby 0.99997476 to obtain ground ldistances. All distances are in feet ianless otherwise noted, PREPARED BY: 3 33323300 Centre 02 02e, Ste, 200 S0321.0 Ana, Col:f3-23300 92707 03242351-237:1227 2022,42088323 ,333331 8 FEET 0 365 APN 117-270-007 1 -060-016 \ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 100 FEE .4COUISITION 200 40C, 600 DATE:06-15_12 REV.: 10-17-12 EA:. 0[540 FA#: DISTRICT COUNTY ROUTE I SHEET PM SHEET NO. TOTAL SHEETS T3 ci 151 EXHIBIT A2 PARCEL.# TITLE GRANTOR AREA APN 22275-1 FEE PEARL STREET PROP 130 SOFT. 117-270--007 30' 1-r Lij C re) � 0 �• o CV co M t O z A`89051 "7 4„ Rz25,0a, Lz3�,21' A=36°21 '56 Rz25.00' �2A LEGEND t POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Beoring Title to State I I I I Access Prohibited 19.65' N8 7 °40,38„ w POR , LOT 3 g gL OCX 73 SOUTH ROJERSIDE LAND AND WATER COMPANY MS 9/6 POL 2 2006-056569J 0,R, N$1°40'38 4 TPae 212.74, PROPOSE R/W ROUTE 91 RIVERSIDE FREEWAY NOTES Coordinates and bearings ore on CCS 1993(2007.00) Zane 6. Distances and stationing Ore grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22275-1 FEE ACQUISITION E >•ummi lmommimmomm FEET 0 10 20 -00 60 PREPARED BY: PSOMAS 3 Horton Centre Drive Ste. 200 Sonto *no, Coiirorni0 92707 i714i751-7373it714E545-8883 (Cox) DATE: 6-15-12 REV.: 10-t 7-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 Rev 91 6.9 2 2 152 3 4 5 6 10 ll 12 1 14 15 16 17 18 19 23 24 25 26 27 28 29 30 31 EXi IBIT 'Br LEGAL DESCRIPTION Caltrans Parcel No. 22275-2 Fee Acquisition APN 115-060-013, 015 and 1 7-270-005. 013 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcels 1, 2, 3 and 4 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County:, described as follows: Beginning at the southeasterly corner of said Parcel. 2; thence North 81°40'38" West 61.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line of the land described in the Final Order of Condemnation entered September 29, 191.5, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 1.76.53 feet, to which point a radial. line bears Sou.th 37°58'42" West; thence northwesterly along said curve and said easterly line 8.81. feet through a central angle of 02°51'28"; thence South 81°26'22" East 57.22 feet to the beginning of a curve concave northerly having a radius of 2,851.00 feet; thence easterly along said curve 767.34 feet through a central angle of 15°25'16"; thence North 41°20'45" West 18.21 feet to the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 06'38'56" East; thence easterly along said curve 339.28 feet through a central angle of 06°51'08" to the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a -radial line bears South 14'40'09" East; thence easterly along said curve 48.35 feet through a central angle of 00°58'35" to the general easterly line of said Parcel 4; thence South 09'22'38" West 73.38 :feet along the general easterly line of said Parcel 4 to the southeasterly corner thereof and the beginning of a non -tangent curve concave northwesterly having a radius of 1,950.00 feet, to which point a radial line bears South I 8'23'16" East; thence westerly MX2PTG010501'SURVEY\LEGALSA22275_APN_Il7-270-005_117-270-013_115-060-013Tegafs\22275-2-FEE.docx 6/7/2013 Page I of "? 153 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 `>2 23 24 25 26 27 along the general southerly line of said Parcel 4 and along said curve 199.21 feet through a central angle of 05°51'11" to the most southerly comer thereof, also being a point on the northeasterly line of said Parcel 3; thence South 41'19'57" East 15.92 feet along said northeasterly line to the most easterly corner of said Parcel 3; thence along the southerly line of said Parcel 3 North. 78'58'24" West 131.00 feet to the most easterly comer of said Parcel 1, said point being the beginning of a non -tangent curve concave northerly, having a radius of 2,000.00 feet, to which point a radial line bears South 08'20'59" East; thence westerly along the southerly line of said Parcel I the following two (2) courses: 1) along said curve 581.97 feet through a central angle of 16°40'20" and 2) North 81°40'38" West 123.15 feet to the Point of Beginning. Containing 41,255 square feet. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. See Exhibit `B2' attached hereto and made a part hereof. The distances described. herein are grid distances and are based on California Coordinate Sy -stem 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. 're yared under the direction of Date / 1,422PTG010501aSURVErlIGALS\22275.21,,PN221121-270-00522.1.7-270-0122115-060-0131„egais\22275-2-FEEdocx. 6/212P I a Page 2 of 2 154 PARCEL# TITLE GRANTOR AREA APN 22275-2 FEE FM_ PEARL STREET ROP 41,255 115-060-013 & 015 117-270-005 & 013 SHEET INDEX SHEET 3 NCJ 2D06-056c:')71 :FOL. : 1 POB 360 SHEET 4 SHEET 5 2227' 115-060-016 ROUTE 91 RIVERSIDE FREEWAY \\_ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing (-__---) Title to State 1 ii I ; Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and sta ioAiling are and di- J eSs Divide t,y }=G?,97476 to obtain res. All distcnces dFre irl ise noted, FEE AC OUI I TION FEET 0 DATE:06-15-12 REV,: 06-07-1 200 EA: OF540 400 FA#: 600 155 PARCEL# TITLE GRANTOR A R E A A P N 22275- 2 FEE PEARL STREET pRDp' 41.255 S-0. 'r-T. 115-060-013 117 27O OO5 P-,� & 015 013 FDR. LOT :�; BLOCX 7---� S CUTH R|V�BSlDE iAND AMO �ATER �O&4��NY I "ill -,-! 9/�) pOTR. F, CL. 2 OOC. NO. 20O6- 05cl) C)| D.R. A=02051'28^ R=l76.53' L=8.8l�- S81o26'22"E 57.22' \ -- -- -- �- -- 'A=15c 25'16" R=2857.00'-- ^_' / --TT-F—|�- -- /-- N87o4O'3 N8,7`4O'38"� /2J.15' �OR. �ECT!ON 3D R�NCHO EEL �OB8AMTE k�B 1/8 PcL. / DO�. �O. 200�� -- O56569/ O.G. - 6�/66 \ ROUTE 91 RIVERSIDE FREEWAY P0B {ndico+eo point Of Beginning /r0B indico+es True Point Or Beginning (R) |ndico+co Radio! 8eoring { }rir/a to srotle | | | | iAccess Proribi+*d NOTES Cunrcllnoteo ond Leorings ore on |CCS 19831,2007.0O) Zone 6. Dlstonucm and |sto,ioning ore griu !�a+ooces. n�v|ue /oy i O' 9gBS7176 +o ob/oln groun� �is�unc�o. x|| U/n,onc�s or� fee+ un|ess o'msrw�sa noted. ROUTE 91 RIVERSIDE FREEWAY / CIL STATIONING FEE 4COUJ"S/7/0v 5O oO 115o PREPARED BY: DATE: 05-15-12 REv.'08-O7-l3 Ex: OF54O Fx4' MISTR lCT SHEET P� |�HEET NO �T�T4L �HEETS| � ^| � / 1 + � | 156 PARCEL# TITLE GRANTOR AREA APN 222(5-2 FEE PEARL STREET PROP. 41 ,z. _ . FT, 115-060-013 117-270-005 a & 015 013 FrOYM EH-Fe-TP.1.)N --"HT) RANCHO EL SDERANTP- MEI 1/ E3 o..1 ____ h- ___ ....._ A:=15825'16" LU -7 LU (J) .23 A--,16840'20" I\ 1°40'38"W 23.15' C2_2275-2 POI— 1 DOrH ND, 200(L)- 05mS.56cil 0,H, PROPOSED RIW R=285 .00' R=2000.00' EXISTING R/W/ =767.34'2r-1- L=581.97' ROUTE 9 1 RIVERSIDE FREEWAY LEGEND ROB Indicates Point Of Beginning TP03 Indicates True Point Of Beginning (R) indicates Radial Bearing (-- Title to State iilllAccess Prohibited NOTES Coordinates and becriogs arc on CCS 1933(2007.00) Zone 6. Ws -Fences and stationinc are grid distances. Divide by 0.99997476 to obtain ground distances. 411 distances are in feet unless otherwise noted. ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING FEET 0 FEE ACOLliSI T iON 50 100 150 PREPARED BY: 1 REV.: 06-07-13 DATE: 06-15-12 i 1 1 1 IDISTRICTICOUNTYIROUTFI SHEET PM SHEET NO,ITOTAI SHEETS L ; t- , --f--- ---1 ' R I V I 81 1 6.9, I 5 i EA: OF540 A#: 157 PARCEL# TITLE GRANTOR AREA APN 22275- 'I -LE PEARL !FEET , OP. 41,255 . FT 115-060-013 117-270-005 & & 015 015 FOR, SFDTJON 3c) RE3IAJ, RANDHo EL SOE1RANTr it F I'D FBI J COO, NO, 200.,(,)- 05LE591 DOR, pRopp_g Lim-16°40'20" 22275-2 RES, ROU-- 365 LEGEND POB Indicates Point Of Beginning TPOB indicates True Point Of Beginning ) Indicates Radial Bearing Title to State Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances, Divide by 0.99997476 to obtain around distances. All distances ore in feet unless otherwise noted. 3'56' FOL- 3 m 121,Ong„ NO, 2H00%'-- 056561D„R, PC!, Fine, NO, 2006- 0591 f\-_0(6° 5"8 33 • EFOR, LOT, 12-A \--ASSmg-SOR'S MAP NO, 3J AM2 JP42-43 S06° SA '38"E (R) so8 - icJINGJ---/211 IDE 91 RIVERS D9 '3A" - _131.o0' N78°58'244 REEWA ROUTE 97 RIVERSIDE FREEWAY C/L STATIONING FEE ACOUISITION FEET C 25 5 kiMMOOMMMWMWW. 100 150 PREPARED BY: DATE: 06-15-2012 REV.: 06-07-1 1,0T"PIE lEOUNTm-POHTFI FHEET mg g, mg- ggi , I8 1 kiv D, EA: OF 540 FA#: PM mg-ggHEF T NO.1 TOT,,,,AL (94-45 E 6 49 4 158 w P4RCF1L# TITLE GRANTOR A R E A A P N 22275-2 FEE PE4RL STREET pROP. 41`255 SO. FT' ll5-UG0-Ol� O15 1>7-27O-OO5 6i 0l] m m m '/7 4 ^ T ^ & s^�� A S13o30'D3"E (R) OOD, NO, 2006- O�65�91 O.R. � -~- 7�/.0--~= ' - N78o�8'24"w ` NO j 63/6�),,� ~. - 'u / m(l ` w� POB [nUioo+ca Point Of Beglnning rpOB (ndicoteo True Point Or Beginning (R> |ndicofea Rodio| 8enring ( )Title to stote | III L*cccss Prohibited NOTES Coordinates on0 L�ooringn ore on 'CS 198](2007.00) Zcnc 6' U�u+oncea om1 a|o-Yoning ore grid u;sloncea. Dlvlcia �y 0.9999/476 +o obtoin around d'olonoeo. m| U[s�onCc3 ^rc in feet un|cns o+hcrx�ae noteu. `REP4RED BY: / l\=00058'35^ +~ R=28j7.00' L=18.35 S15o38'45"E (R) 115-060-815 o ROUT[ 9/ RIVERS/DE FREEWAY C/L STATIONING FEE xC�'U/S/OON rE2T o 25 50 /o3 |5o � DATE. 06-15-12 REv.:06-07-/ Ex: Op54O Fx#: / �HEET P� T0T4L SHEET 6.8 ^ - --� ---- 159 160 PSOMAS EXHIBIT 'Cl 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22275-3 5 Permanent Wall Footing Easement 6 APN 117-270-007 7 8 In the City of Corona, County of Riverside, State of Califomia, being a portion of the 9 land described as Parcel 2 in the Quitclaim Deed recorded August 2, 2006 as Document to No. 2006-0565691 of Official Records of said County, described as follows: 11 12 Beginning at the southeasterly comer of said Parcel 2; thence North 81°40'38" West 13 212.14 feet along the general southerly line of said Parcel 2 to a point on the westerly line 14 of the land described in the Final Order of Condemnation entered September 29, 1915, in 15 Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being 16 recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County; said 17 point being the beginning of a non -tangent curve concave northeasterly having a radius of 18 206.53 feet, to which point a radial line bears South 50°21'13" West; thence 19 northwesterly along said curve and said westerly line 6.96 feet through a central angle of 20 01°55'52" to the True Point of Beginning; thence North 81°26'22" West 29.38 feet to a 21 point on the general southerly line of said Parcel 2, said point being the beginning of a 22 non -tangent curve concave northeasterly having a radius of 25,00 feet, to which point a 23 radial line bears South 44°41'18" West; thence northwesterly along said curve and said 24 general southerly line 10.77 feet through a central angle of 24°40'57" to a point thereon; 25 thence South 81°26'22" East 28.54 feet to a point on said westerly line of said land 26 described in said Final Order of Condemnation, said point being the beginning of a non- 27 tangent curve concave northeasterly having a radius of 206.53 feet, to which point a 28 radial line bears South 55°24'29" West; thence southeasterly along said curve and said 29 westerly line 11.26 feet through a central angle of 03°07'25" to the True Point of 30 fling. 31 P:\2PTGO1 10/17/2012 0 SURVEY \LEGALS‘22275_APN_117-270-007\Legals122275-3-PEdocx Page 1 of 2 161 2 3 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 SOMAS Containing 235 square feet. See Exhibit `C2' 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. Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:12PTG0105 10/17/2012 /e) - /7-/ URVEY\LEGALS122275AP1V_117-270- 7 \L gals\22275-3-PEdocx Page 2 of 2 162 TtTI E ESMT PARCE 22275-3 7-270-00 117..270_004 AREA 235 SO. FT. SHEET INDEX 0 . 2006-0565691 POL. SHEET 2 360 \ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING APN 117-270-007 115-060-0 6 EGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) IndicoteS Radial Bearing C----) Title to State I I I (Access Prohibited NOTES Coordinates and bearings ore on CCS 1983(2007.001 Zone 6. Distances and stationing are grid distances. Divide by 0.99947476 to oatein ground distances. AII distances ore ;n feet unless otherwise noted. PREPARED By: DATE: 06-15-12 FUT 0 100 REV.: 10-17-12 PERMANENT WALL FOOTING EASEMENT 400 'OO EA: OF-540 FAxt: 600 -A ',..eritre k-e, 2,30 IDISTRICT COUNTY ROUTE SHEET PM !SHEET NO. TOTAL SHEETS Ar—J, 5,?,707 8 RIV 9 1 163 &=-:89°51•74, R:4:25.00, L'39.21' EGEND POB Indicates Point Of beginning TPOB Indicates true Point Of Beginning (R) Indicates Radial Bearing Title fa State Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997470 to obtain ground distances. Ail distances cre in feet unless otherwise noted. PREPARED BY: 3 Hutton Centre Ortse, Ste, 200 t Souto Aunt CH1;401000 9200 t t7o0021-72730700014-8883 000 19.65' N81°40'38" CURVE DATA RADIUS DELTA LENGTH 25.0 206.53' N8 rPoB 24°40'57" 03°07'2 RADIAL DATA R1 DEARING' S69°22'14"W '91 0,'L 10.77' .26' FOR, LOT COX V3 SOUTH VERS1DE LAND AND WATE7R COMPANY MS 9/' 272.1 PRo ROUTE 91 RIVERSIDE FREEWAY FEET PERkfANENT WAI_1 FOOTING EASEMENT le 20 40 60 DATE: 6-15 12 REV.: 10- 7-12 DISTRICT NTY ROUTE EA: OF540 FAn: SHEET PM SHEET NO. R "' ,9 R/ 6 TOTAL SHEETS' 164 2 3 4 5 6 SOMAS EXHIBIT `D1 LEGAL DESCRIPTION Caltrans Parcel No. 22275-4 Permanent Wall Footing Easement APN 117-270-005 & 013 7 8 In the City of Corona, County of Riverside, State of California, being a portion of the 9 land described as Parcels 1, and 2 in the Quitclaim Deed recorded August 2, 2006 as io Document No. 2006-0565691 of Official Records of said County, described as follows: 11 12 Beginning at the southeasterly comer of said Parcel 2; thence North 81°40'38" West 13 161.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line 14 of the land described in the Final Order of Condemnation entered September 29, 1915, in 15 Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being 16 recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said 17 point also being the beginning of a non -tangent curve concave northeasterly having a 18 radius of 176.53 feet, to which point a radial line bears South 37°58'42" West; thence 19 northwesterly along said curve and said easterly line 8.81 feet through a central angle of 20 02°51'28" to a point on said easterly line, said point being the True Point of Beginning; 21 thence northwesterly continuing along last said curve and said easterly line 14.10 feet 22 through a central angle of 04°34'41"; thence South 81°26'22" East 68.83 feet to the 23 beginning of a curve concave northerly having a radius of 2,843.00 feet; thence easterly 24 along said curve 759.69 feet through a central angle of 15°18'37"; thence South 25 41°19'57" East 9.71 feet to the beginning of a non -tangent curve concave northerly 26 having a radius of 2,851.00 feet, to which point a radial line bears South 06°51'38" East; 27 thence westerly along said curve 767.34 feet through a central angle of 15°25'16"; thence 28 North 8l '26'22" West 57.22 feet to the True Point of Beginning. 29 30 Containing 6,614 scinare feet 3 1 PA2PT0010501 \SURVEY\ LEG 10/9/2012 2275_APN_117-270-005 and 013 I i 5 460-013 and 015Qegals122275-4-PE.docx 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 3; 0 AS See Exhibit 'D2' attached hereto and made a part hereof, The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 /0 -69-1Z Date P:12PTG010501\SURVEYTEGAL5122275_,APN _1 17-270-005 and 013_115-060-013 and Oi 5 Legais122275-4-PEdocx 10/9/2012 Page 2 of 2 166 PARCE PEARL STREET PROP. SHEET INDEX SHEET 3 SHEET 4 TPOB 117-270-005 & 013 Fn. r ROUTE 91 RIVERSIDE FREEWAY \ROUTE 91 RIVERSIDE FREEWAY C✓L STATIONING EGEND POB Indicates Point 0f Beginning TPOB Indicates True Point Of Beginning' (R) Indicates Radial Bearing ) Title to State Access Prohibited NOTES Ct�orclinotes at:d bearings ore on CCS 1983(2007.00) Zane 6, Distances and inning are grid distances. Divide 997476 to obtain ground All ktances ore in feet unless otherwise noted, �t by PREPARED BY: RUT 0 PERMANENT WALL FOOTING EASEMENT 100 400 ATE:06-1 12 REV,: 70-09-12 EA: OF540 FA#: 600 167 PARCE 22275-4 PROPOSED C2 TITLE FOR, SOUTH R1V`rRS1O LAND AND I,A TER COWANY d 9 /'6 GRANTOR PEAR1 STREET PROP. TPOB C1 FOR, OJG, N0, 0565o9 1 2 4 SO.LT.1 117-270-005 & 013 S45°24'51"W{R) S40°50 1µ0"WAR N81 °401354 EXISTING R/W S37"58'42''W{R) CURVE DATA DELTA C RADIUS 02° 51 '28" 176.53 04°34'41 176.53 1 5°25'1 6", 2851.00 EGEND • POB Indicates Paint Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing J Title to State _1 Access Prohibited NOTES Ocst�rdinetes and bearings ore can O 1983(2007,00 Zane C. Distances and stationing are grin distances. Divide by 0.99997476 to obtain ground distances. All di ;trances care unless otherwnoted. PREPARED air: DATE:06-15 LENGTH 8.81' 14.10' 767.34' 16 FOR T 3 PC!, 1 DOC, NO, 200�- 031°5691 O,R, R.S. 6316.(:) '37" R-284' .00' L=75 .21 7 2: 81°a POB L1 L2 N LINE DATA BEARING 5 0'38"W DISTANCE S81°26'22"E 68.83' N81 °26'22"W 57.22' ROUTE 91 RIVERSIDE FREEWAY O _.�,.... — —�. STAT1r`IINTG ROUTE 91 RIVERSIDE FREEWAY FEET PERMANENT WALL FOi TING E -E ENT 50 10 REV.: 10-09=12 EA s OF540 FA#: SKEET PM SHEET NO 15 TOTAL SHEET 168 PARCEL# Z7275-4 TITLE ESMT GRANTOR PEARL STREET PROP. POR, 8ECT|ON 30 R�N�HO EL SOBRA0TE mg |/8 A=15025'16" N81a40'38^W 72].5' AREA 6614 SQ.FT. PROPOSED R/W R=2851.00' _ 4PK 117-270-005 & Ol] PCL. | DDC. NO, 2006- 0&�5�)9) O.R. A=16040'20" R=2000.00' EXISTING, R/ -- __�- ./ ROUTE 91 RIVERSIDE FREEWAY pOB <ndica+-s point Of Beginning rpO8 Indicates True Point 0r Beginning (R) Indicates Ronio/ oeor|oy �. }Title to State ] | | | |AcceSs prorilDi/eu � NOTES Loorm|notea ond Oyoringa ore on CCS 1983(20o7.00) 70ne 6. D7s+onces m s+ntynning qre grilg diotonces. Div/(le by o�ee997476 to obtain grounu distances. All u|atancrs ore in feet un/ess other*s no�ed. PREP«REO er: ,n . OATE.O6-15-}2 DISTRICT | 67. ,97' ROUTE 91 RIVERSIDE FREEWAY FEET 8 oS oo REV-: 10-09-12 E^' or540 UNTYIROUTE SHEET PM ---' 6.8 100 150 FA9x ( ______-__ I SHEET N0�TOT4L SHEETS! - 3 | 4 I � 169 PARCE 22275 GRANTOR 4 ESMT PC!, 1 ND ?C 9 I O. ° 40' 20„ ©' F'Ci , 3 IOC., No, 2906 05U569 1 O , R _ EXISTING R/W ROUTE 9 1 RIVERS ROUTE 91 RIVERS STATIONING LEGEND PO8 In es Paint Of beginning TP08 Indicates True Point of Beginning (R) indicates Radial Bearing ( Title to State 3 I I I I access ProtMbited NOTES .'oardinates and bearings are on CCS 1983(2007.00) Zone 6. Distances stationing are grid distances. Divide by 0.99997176 to obtain ground distances, all distances are in feet otherwise noted. n er3:r Drive, liDATE: 06- 1 5s 1 2 ,DISTRICT }ll 1— FEET FOR. [ r1T, 1 ASSESSJR' S i9> 31 ANS 17 12-43 71' PROPOSED R/W 541 ° 1 9'57"E 12.13' DE FREEWAY ©E FREE N7 AY 8'244 PERlA T WAL„L FCOT!NG EASEMENT 25 REV.: 10-09-1? ROUTE 50 100 Ex: 0E540 FA#: SHEET PM SHEET 10 TOTAL SHEET 170 PS OMAS EXHIBIT `E1' LEGAL DESCRIPTION Caltrans Parcel No. 22275-5 Temporary Access Easement APN 115-060-013, 015 and 117-270-005, 013 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcels 1, 2, 3 and 4 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said Parcel 2; thence North 81°40'38" West 161.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line of the land described in the Final Order of Condemnation entered September 29, 1915, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 176.53 feet, to which point a radial line bears South 37°58'42" West; thence northwesterly along said curve and said easterly line 83.74 feet through a central angle of 27°10'45" to a point on said easterly line, said point being the True Point of Beginning; thence continuing northwesterly along last said curve and said easterly line 29.96 feet through a central angle of 09°43'31" to a point thereon; thence South 80°17'36" East 46.41 feet to the beginning of a curve concave northerly having a radius of 224.00 feet; thence easterly along said curve 24.60 feet through a central angle of 06°17'32"; thence South 86°35'08" East 123.46 feet to the beginning of a curve concave southerly having a radius of 1,686.00 feet; thence easterly along said curve 151.42 feet through a central angle of 05°08'45" to the beginning of a compound curve concave southerly having a radius of 500.00 feet; thence easterly along said curve 63.00 feet through a central angle of 07° 13'08"; thence South 74°13'16" East 50.63 feet to the beginning of a curve concave northerly having a radius of 350.00 feet; thence easterly along said curve 65.39 feet through a central angle of 10°42'19" to the beginning of a compound curve concave MA2PTG010501\SURVEYILEGALS\22275 APN_117-270-005 and 013_115-060-013 and 015ROSEVELLE\Legats\22275-5- Access.docx 4/22/2014 171 Page 1 of 3 PS OMAS northerly having a radius of 1,432.00 feet; thence easterly along said curve 137.16 feet through a central angle of 05°29'16" to the beginning of a compound curve concave northerly having a radius of 375.00 feet; thence easterly along said curve 169.53 feet through a central angle of 25°54'09" to the beginning of a reverse curve concave southerly having a radius of 325.00 feet; thence easterly along said curve 154.43 feet through a central angle of 27°13'30"; thence South 89°05'30" East 63.16 feet; thence South 02°32'29" West 25.01 feet; thence North 89°05'30" West 62.45 feet to the beginning of a curve concave southerly having a radius of 300.00 feet; thence westerly along said curve 142.55 feet through a central angle of 27°13'30" to the beginning of a reverse curve concave northerly having a radius of 400.00 feet; thence westerly along said curve 180.83 feet through a central angle of 25°54'09" to the beginning of a compound curve concave northerly having a radius of 1,457.00 feet; thence westerly along said curve 114.83 feet through a central angle of 04°30'56" to the beginning of a compound curve concave northerly having a radius of 400.00 feet; thence westerly along said curve 80.25 feet through a central angle of 11°29'40"; thence North 74°24'15" West 34.28 feet to the beginning of a curve concave southerly having a radius of 400.00 feet; thence westerly along said curve 35.97 feet through a central angle of 05°09'10" to the beginning of a compound curve concave southerly having a radius of 1,660.00 feet; thence westerly along said curve 203.64 feet through a central angle of 07°01'43 "; thence North 86°35'08" West 123.46 feet to the beginning of a curve concave northerly having a radius of 250.00 feet; thence westerly along said curve 27.46 feet through a central angle of 06°17'32"; thence North 80°17'36" West 31.59 feet to the True Point of Beginning. Containing 26,164 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. MA2PTG010501\SURVEY\LEGALS\22275 APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-5- Access.docx 4/22/2014 Page 2 of 3 172 PS OMAS Prepared under the direction of r Brian E. Bullock, PLS 5260 4- z3- l4 Date MA2PTG010501\SURVEY\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-5- Access.docx 4/22/2014 Page 3 of 3 173 174 EXHIBIT E2 PARCEL# TITLE AREA APN 22275-5 TAE 26,164 SQ. FT. 115-060-013 & 015 117-270-005 & 013 SHEET INDEX 117-270-003 117_ SHEET 3 SHEET 4 SHEET 5 2?0-004 1 w 1 SHEET E E T 2 — A ` j° &S° F° R° R, no I 11 g_3p0 1 1 5-060-016 i- v) DOD, � Q POL, 2 W 1 021 1 NO„ 2006-05656911 D,R, ,, 1 - 1 POL , J I ,`. -- N r�, ���_'�v4 117-270-006 1 3/66 I �_---_______ �,,: ..i, '`,. .. J TPOB POB ' .. ss T. 3 ., 22275- ) 365 360 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing . ( )Title to State 1 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 7 5- 5 TEMPORARY ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751n 7373/(714)54598883 (Fox) DATE:06-15-12 REV. 4:04-22-14 EA:0E540 FA#: DISTRICT COUNTYIROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 17 91 6.9 1 5 EXHIBIT E2 PARCEL# TITLE AREA APN 22275-5 TAE 26,164 SQ. FT. 115-060-013 & 015 117-270-005 & 013 1---- Li W cc (,) POR. LOT 3; CLOCK 73 SOUTH RIVERSIDE LAND POR, PCL, 2 POR , SECTION 30 AND WATER COMPANYDOC, NO, 2006- T,3S,; R,6W, Ma 7/0 0565691 0 , R , RANCHO EL SOaRANTE R2 TPOB ma 1/ cc W S86° 35'08"E 0=05° 08'45" — L 1 C3 1 23.46' R=1 686.00' L=1 51 .42' a 0 R122275- j ,� L5 C14 N 86°35'08" C-'- 123.46' 0 v > — — — — _, — _ 0 N81 ° _ W — — _ 0=07°01'43" R=1660.00' L=203.64' 1 DOC., NO, 2006- _ 0565691 O ., R ., M LL 40 38 W 1 61 .21 PROPOSED R/W `-*- °40'38"W i ti N81 EXISLU TING R/W POB 123.15' °ham �i\ ROUTE 91 RIVERSIDE FREEWAY CURVE DATA LINE DATA DELTA 'RADIUS LENGTH BEARING DISTANCE Cl 27°10'45" 176.53' 83.74' L1 S80°17136"E 46.41' C2 09°43'31" 176.53' 29.96' L5 N80°17'36"W 31.59' C3 06°17'32" 224.00' 24.60' R1 S65°09'27"W C1 4 06° 1 7'32" 250.00' 27.46' R2 S74° 52'58"W ROUTE 91 RIVERSIDE FREEWAY LEGEND C/L STATIONING POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 9 360 ( ) Title to State I I I I 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 7 5- 5 TEMPORARY ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 73734714)54598883 (Fax) DATE:06-15-12 REV. 4:04-22-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 176 91 6.9 2 5 EXHIBIT E2 PARCEL# TITLE AREA APN 22275-5 TAE 26,164 SQ. FT. 115-060-013 & 015 117-270-005 & 013 PM. SECT I ON 30 T,39.; R.6W. RANCHO PCL , 1 EL SO2RANTr DOC, NO, 2006- ma 1/8 0565691 O.R, S74° 1 3'1 6"E 50.63' —C4 C5 R,S, � //�� C6 C8 C7 ` C13 C12 �22275-5� N — 1 w — N74°24'15"k- 34.28'y — — — — — f CT-1 — — — — — — — �— — — —I C10 _ — — — — — _ C9 � w w w EXISTING R/W PROPOSED R/W = cn _ \cn LIJ w w =16°40'20" R=2000.00' L=581.97' --Lii N81 °40'38"W 123.15' ROUTE 91 RIVERSIDE FREEWAY CURVE DATA CURVE DATA DELTA RADIUS LENGTH DELTA RADIUS LENGTH C4 05°08'45" 1686.00' 151.42' C9 25°54'09" 400.00' 180.83' C5 07°13'08" 500.00' 63.00' C10 04°30'56" 1457.00' 114.83' C6 10°42'1 9" 350.00' 65.39' C1 1 1 1 °29'40" 400.00' 80.25' C7 05°29'16" 1432.00' 137.16' C12 05°09'10" 400.00' 35.97' C8 25°54'09" 375.00' 169.53' C13 07°01'43" 1660.00' 203.64' ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 363 2 ( )Title to State 1 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 7 5- 5 TEMPORARY ACCESS EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)54598883 (Fax) DATE:06-15-12 REV. 4: 04-22-14 EA: OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1/ 7 91 6.9 3 5 EXHIBIT E2 PARCEL# TITLE AREA APN 22275-5 TAE 26,164 SQ. FT. 115-060-013 & 015 117-270-005 & 013 rr)_ = (r) Li]1 o FOrrin , LLD�S r OT 1 ON �:3O J , 3S,,: R,�W, RANCHO EL SO8;-ANTr ME) 1 /0 PCL, 1 DOC, NO 200'v` 05J5W 91 O,R ° 50,109 250 R,3� 5 °00 -- R-Q 00 PROPOSED R/W —ui 69. °5AIog0°83 or, Os R,S, 53' R-2000°00 EXISTING Pei ; jJ�Ot: J�c)9 � 0. > /> r N,� `f N JJ ` N /7, R,325 _ — N FOR, LOT, 12-A ASSESSOR'S MAF � NO, / 4321 \ r�M2 1//r —43 N 13, 30" q3, ° 2 4 ° °0 " i N,L4- 013 105�` _7u.2° 2 R,300 ° DO pCI 1 DOC, NO, 200'�� 31 .00, L1°g7 v) N78°58'24"W - m N 0 0rri -73 -' FREEWAY ROUTE 91 RIVERSIDE FREEWAY Ln E- w w w w L 2 \ — R/W p=16°40,20 LINE DATA BEARING DISTANCE L2 S89°05'30"E 63.16' L4 N89°05'30"W 62.45' ROUTE 91 RIvERSIDE C/L STATIONING 1 6 LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing to State Prohibited ( ) Title 1 1 1 1 1 Access NOTES FEET 2 2 2 7 5- 5 TEMPORARY ACCESS EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. ' 0 25 50 100 150 PREPARED BY: PSOMAS SantatAna, Calon Centre iforrniae92707 200 (714)751-7373/(714)545-8883 (Fax) DATE:06-15-12 REV. 4: 04-22-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 1/8 R IV 91 6. 9 4 5 EXHIBIT E2 PARCEL# TITLE AREA APN 22275-5 TAE 26,164 SQ. FT. 115-060-013 & 015 117-270-005 & 013 i � LINE DATA t 66' _- — BEARING DISTANCE .5��g Ru'26� 59 L2 S89°05'30"E 63.16' L3 S02°32'2911W 25.01' L4 N89°05'3011W 62.45' ..-- A.Ta S77°3412„E — . F. R.R. 14 88 / I i � _ L 2 ---, --- poi , 4 '-r) DOD NJ , 900 - J 0565691 0, R, � L4 1n 115-060-015 w I = i w I l� PJR , I JT , 12-r1 rn N ASSESSOR'S AP � N I NO , .31 � 6, MAE) 1 /42-43 o m R.S. ,S3lbn cn g Q2�', ) 0 PROPOSED R/WOq 0 000 L�1g e °32 �g 5 "'- A\( EW EXISTING R/W FRE E N783500 S41°19'57"E �ERSI� ° 8 24 "W 1 5.92 RD\-)oeE 91 RI 31 0 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) 9 ROUTE 91 RIVERSIDE FREEWAY Indicates Radial Bearing C/L STATIONING )Title to State 1 1 1 II Access Prohibited NOTES � Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 2 // S - S TEMPORARY ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. i' FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Ste. 200 Santa (714)751Ana, 7373/(711D4)5459 883 (Fax) DATE:06-15-12 REV. 4:04-22-12 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 1 i9 91 6.9 5 5 180 2 4 / 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 EXHIBIT 'F1' LEGAL DESCRIPTION Ca trans Parcel No. 22275-6 Permanent Utility Easement APN 115-060-013 & 015 In the City of Corona, County of Riverside, State of Califomia, being a portion of the land described as Parcels 3 and 4 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, described as follows: Beginning at the northeasterly comer of said Parcel 4; thence along the general northerly line thereof the following two (2) courses: I) North 77°34'12" West 140.88 feet to the beginning of a curve concave northerly having a radius of 5,779.66 and 2) westerly along said curve 76.62 feet through a central angle of 00°45'34" to a point thereon; thence South 02°32'29" West 95,94 feet to the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 09°59'54" East; thence westerly along said curve 73.33 feet through a central angle of 01'28'52" to the True Point of Beginning; thence continuing westerly along said 2,837.00 foot radius curve 14.82 feet through a central angle of 00°17'58"; thence North 39°12'38" East 32.30 feet; thence North 51°44'48" West 248.65 feet to a point on the northerly line of said Parcel 3; thence South 74°26'30" East 64.80 feet along said northerly line to a point thereon; thence South 51°44'48" East 206.79 feet; thence South 39°12'38" West 25.00 feet; thence North 51°44'48" West 7.50 feet; thence South 39°12'38" West 21.53 feet to the True Point of Beginning. Containing 6,181 square feet, See Exhibit 'F2' attached hereto and rnade a part hereof PA2PTGO 0500SUR VEYIEGALS‘22275_AFN_117-270-005 a_nd 013i 15-060-013 and 0151Lcgals \22275-6-PUE,docx Page of 2 0/9f20! 2 181 The distances described herein are grid distances and are based on California Coordinate 3 System of 1983, Zone 6, 2007,00 epoch. Ground distances may be obtained by dividing 4 grid distances by the mean combination factor of the courses being described. The mean 5 combination factor for this conversion is 0.99997476. 6 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 29 30 31 Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTC010501)511RVErIEGAL,S122275_APN_117-270-005 and 013_115-060-013 and 0151.LegalsX22275-6-PUE docx Page 2 of 2 0/9(20 APN -013 015 PARCEL# 22275-6 -270-003 7-270-007 TITLE PUE 1�7-270-00, PCI 2 7-270-006 GRANTOR PEARL STREET PROP. AREA SCE. FT. SHEET INDEX 200a-0565671 r rI J SHEET 2 ROUTE 91 RIVERSIDE FREEWAY \ ROUTE 97 RIVERSIDE FREEWAY C/L STATIONING EGEND . P06 [ndicates Point Of E3eyinning TPO3 Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State access Prohibited NOTES tes and bearings are on -7.00) Lone 6. Distances and ng are gri distances. Divide 747E to obtain ground stances. A! distances are in teed' otherwise noted. PARED BY: DATE: 06-15-12 .DISTRIL.T FEET PEP-A-EiUT UTILITY EASCMEN 5 183 PARCEL# !TITLE PUE EGEND PEARL STREET PROP. ndicates Point Of Beginning True Point Of Beginning Radial Bearing -) Title to State 1.1 i Access Prohibited NOTES ICoordinates and bearings are on CCS 1983(2007.00) Zane 6, ii tonce ;ing are, grid distances, Divide y 0.99997476 to obtain ground Ai! distances are j unless otherwise ncted. jPREPARED A. 6,181 SO. R2 L 4 ` R3 2 W .0©' S41 ° 1 9'57" 1 5.92' R3 R4 513°11`22"W 509°59`54"E 508°13'04"E 115-060-013 & 015 L1 L2 L4 & Sa F� Ro R. 67 59' CI r 0 BE L€NE DATA ARtNG BtSTANCE N39° 1 2'38"E 539 2'38"W N51 5 44'4 S39 1 2'38" LOT, 1 lY ��2AA - SOR S AH POB NO, 31 PCL., 4 NO. 2006- '>91 O<R, A PERMANENT UTILITY EASEMENT 32.30' 25.00' 7.50" 21 .53' 160 240 DATE: 06-15-2012 REV.: 2; 10-09-12 EA: 0F540 FA#: ! SHEET NO J TOTAL SHEETS! T I COUNTY ROUTE SHEET PM 184 PSOMAS EXHIBIT `G1 LEGAL DESCRIPTION Caltrans Parcel No. 22275-7 Temporary Construction Easement APN 117-270-007 In the City of Corona, County of Riverside, State of Califomia, being a portion of the land described as Parcel 2 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said Parcel 2; thence North 81°40'38" West 212.14 feet along the general southerly line of said Parcel 2 to a point on the westerly line of the land described in the Final Order of Condemnation entered September 29, 1915, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County; said point being the beginning of a non -tangent curve concave northeasterly having a radius of 206.53 feet, to which point a radial line bears South 50°21'13" West; thence northwesterly along said curve and said westerly line 18.22 feet through a central angle of 05°03'17" to the True Point of Beginning; thence North 81°26'22" West 28.54 feet to a point on said general southerly line of said Parcel 2, said point being the beginning of a non -tangent curve concave easterly having a radius of 25.00 feet, to which point a radial line bears South 69°22'14" West; thence northerly along said curve and said general southerly line 12.54 feet through a central angle of 28°44'54" to a point thereon; thence South 81°26'22" East 21.31 feet to a point on said westerly line of said land described in said Final Order of Condemnation, said point being the beginning of a non -tangent curve concave northeasterly having a radius of 206.53 feet, to which point a radial line bears South 59°49'01" West; thence southeasterly along said curve and said westerly line 15.89 feet through a central angle of 04°24'31" to the True Point of;beginning. Containing 304 square feet. PA2PTG01050 SURVEY \LEGALS\22275_APN_117-270-007Tegals',22275-7-TCE,doex Page 1 of 2 10/I7/2012 185 PSO AS 1 2 See Exhibit 'GT attached hereto and made apart hereof. 3 4 The distances described herein are grid distances and are based on California Coordinate 5 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 6 grid distances by the mean combination factor of the courses being described. The mean 7 combination factor for this conversion is 0.99997476. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 epared under the direction of E. Bullock, PLS 5260 / 7 lZ Date PA2PTG010 OIVSURVEY\LEGALS;22275_APN i 17-270-007ILega 2275-7-TCE.docx Page 2 of 2 10/17/2012 186 PARCE 22275-7 7- TITLE 117-270_004 117-270-006 1°40'3 212.14 GRANTOR PEARL STREET PROP. 4 SQ. FT. SHEET INDEX DDI NO, 2006-0 t 691 O. . POL. R'8- 63/66 SHEET 2 360 ROUTE 91 RIVERSIDE FREEWAY EGEND POB Indicates Point Of Beginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State III I (Access Prohibited APN 117-270-007 1 -060-01 5 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING NOTES 'Coordinates and bearings are on CCS 1983(2007.001 Zone 6. Distances and stationing are grid distances. Divide ty 0.99997476 to obtain ground distances. Ali distances ore in feet unfess otherwise noteW PREPARED BY: Dui tart re Dr „te., 200 Son Ar,l, Cot 127P7 R1V „ , DATE: 06-1 DISTRICT TEMPORA Y CONSTRUCTION EASEMENT FEET 0 100 200 u -12 REV.: 10-17-12 COUNTY ROUTE 400 EA: 0F540 FA#: 600 SHEET PM r, SHEET NO. TOTAL SHEETS 187 PARCEL 22275-7 GRANTOR PEARL STREET PROP TITLE TCE 3o' LINE DATA 1\18122622- . 54' BEARING DISTANCE S81°26'22"E 21.31' LEGEND POB indicates Point Of Beginning TPOB indicates True Point Of Beginning (R) Indicates Radial Hearing Title to State Access Prohibited Cl AREA 304 SOFT. APN 117-270-007 U VE DATA RADIUS DELTA LENGTH 25.00' C2 206.5 ' .10'384 28°44'54" 0 4 ° 2 4' 3 1" RADIAL DATA BEARING S69°22'14"W R2 N81 52'51"W 559°49'01"W PGI 2 15.89' 0 T 7 3 Tl I RlVERSIOL. LAND D WATER COMPANY MS 9/,,,J 40'384 -14' P OPOSED R ROUTE 91 RIVERSIDE FREEWAY NOTES °ordinates and becrihgs are on CCS 1983(2007,00) 7one 6, Distances and stationing ore grid distances. Divide by 0.99997476 fo obtain ground distances. All distances are in feet unless otherwise noted. PREPARED Bt: -1 i-12 !DISTRICT 3 Hut/00 Centre Drive, See. 200 Sento Ann, Wiforein CO22707 phi 1 itintisiRcriiiiiisirRaut FEET 0 TEMPOPARY CONSTRUCT ION EASEMENT 0 REV,: 1 0-1 7-12 20 -10 EA! OF540 FA#: COUNTY RO LITE SHEET PM SHEET NO. co ERR 2, T— TOTAL SHEETS] 2 188 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© AS EXHIBIT LEGAL DESCRIPTION Caltrans Parcel No. 22275-8 Temporary Construction Easement APN 117-270-005 & 013 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcels 1 and 2 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said Parcel 2; thence North 81°40'38" West 161.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line of the land described in the Final Order of Condemnation entered September 29, 1915, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 176.53 feet, to which point a radial line bears South 37°58'42" West; thence northwesterly along said curve and said easterly line 22.91 feet through a central angle of 07°26'09" to a point on said easterly line, said point being the True Point of Beginning; thence continuing northwesterly along said easterly line and said curve 18.72 feet through a central angle of 06°04'33" to a point thereon; thence South 81°26'22" East 83.19 feet to the be: ng of a curve concave northerly having a radius of 2,831.00 feet; thence easterly along said curve 294.53 feet through a central angle of 05°57'39"; thence North 59'49'50" East 46.06 feet; thence South 74°24'15" East 73.17 feet; thence South 87°22'34" East 66.13 feet; thence South 02'37'26" West 10.98 feet to the beginning of a non -tangent curve concave northerly having a radius of 2,839,00 feet, to which point a radial line bears South 00°57'28" East; thence easterly along said curve 20.04 feet through a central angle of 00°24'16", thence North 02°37'26" East 8,02 feet to the beginning of a non -tangent curve concave northerly having a radius of 2,831.00 feet, to which point a radial line bears South 01'22'25" East, thence easterly along said curve P:\2PTC1010501 \SURVEYtLEGALS\22275_APN_ 17-270-005 and 013 J15-060-013 and 015Eegals122275-8-TCE docN Page 1 of 2 to/9(2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "")1 22 23 24 25 26 27 28 29 30 S A 278.36 feet through a central angle of 05°38'01" to a point on the easterly line of said Parcel 1; thence South 41°19'57" East 6.07 feet along said easterly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 07°04'21" East; thence westerly along said curve 20.99 feet through a central angle of 00°25'26"; thence South 41°21'39" East 8.50 feet to the beginning of a non -tangent curve concave northerly having a radius of 2,843.00 feet, to which point a radial line bears South 06°44'59" East; thence westerly along said curve 759.69 feet through a central angle of 15°18'37"; thence North 81°26'22" West 68.83 feet to the True Point of Beginning. Containing 11,819 square feet. See Exhibit `112' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described* The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 /0 -09-/2 Date PA2PIGO 0501 \ SURVEYALEGALSA22275_APN_117-270-005 and 01 egalsQ2275-8-TCEdocx Paige 2 of 2 t 0/9,2012 190 TITLE' TCE PARCEL# 22275-8 7-270-003 SHEET 2 GRANTOR PEARL STREET PROP. AREA ,81 9 SO.F T , SHEET INDEX SHEET 3 SHEET q "9 300_021 DC , NO, 2006— 05656 9 1 i PCL, 1 TPOt,POB 360 APN 117-270-005 & 01 ) 5-060-0 ROUTE 91 RIVERSIDE FREEWAY \ROUTE 91 RIVERSIDE FREEWAY C1L STATIONING EGEND POB Indicates Point Of Eieginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bear' Title to State I I I .1 Access Prohibited NOTES Coordinotes and bearings are an CS 1983(2007rt00) Zone 6, Distances and gng are grid distances. Divide 97476 to ob'nin ground tances. All distances are in feet ss Otherwise noted. ~PARED BY: DATE:06-15w 2 FEET TEMPORARY CONS7RUEit0 _AEMENT 100 200 C.. 60e REV.: 10-09- 1 2 EA: OP540 FAn: DISTRICT 1 COUNTY ROUTE SHEET PM 1SHEET NO —TOTAL SHEETS 191 PARCEL# 22275-8 TITLE GRANTOR I TCE PEARL STREET PROP. AREA SQ.FT. APN 117-270-005 & 013 FOR, �+ SOUTH AND v� PROPOSED R S45°24'51"W(R)/ S37°58'42'W(R) CURV ELTA N 0 EXISTING ATA RADIUS ENGTH C1 07"2Ci"09' C2' 06°04'33" 176.53 176.53 22.91' 8.72' LEG_END PO8 Indicates Point Of Beginning TP08 Indicates True Point 0f Beginning (R) Indicates Radial Bearing Title to State Access Prohibited t` OTES _. Coordinates and oeorings ore on CGS 13 3(2007.00) Zone 5. Distances and PCL NO, 200i- 69I 0.R POB 7 FOR, 'SECTION ,I 0 T ,3S, j fR, 6W, RANCHO SOSRANTS me I/8 N NE DATA PCL, I N0, 200�- 2 °40'38"W BEARING DISTANCE L2 S81 °26'22"E N81 °26'22"W ROUTE 91 RIVER OE FREEWAY CAL STATIONING 360 ROUTE 91 R rE S DE FREEWAY ng are grid distances. Divide TEMPORARY rONSTRU 'HON EASEMENT 97476 to obtain ground ss -a cea Ali distances are in feet -t 0 25 50 00 150 PREPARED 5Y: pDATE: 08-15-12 REV.:10-12 EA: 0E5410 FA#: Sle, eS27;t7 DISTRICT ¢ CGi iF q . ROUTE, SHEET r SHEET NOg€ TOTAL SHEETS 192 PARCEL# 22275-8 TITLE TCE GRANTOR PEARL STREET PROP. SEOTI ON11 3:J 3S, ; RANCH.° EL SOBRAINTE IVI 2 1/3 N 59 ° 4 9' 50"E 46.06' S 2°35'59"W (R) ©=05° 57'39" R=2831.00' L=294.53' 81 °40'38" v 123.1 5' S74024,1 1 7 ' (222:75-0 R=2843.00'u \PROPOSED R/W AREA 6 0-2©„ LINE DATA FARING SO2° 37'26" NO2°37'26"E LEGEND R=2000.00` EXISTING RA/ S©.F T. ,PN 117-270-005 & 013 PCL, I NO, 10Jb- ' 1 0,R f RADIAL DATA R1 R2 R3 BEARING SOO° 57 '28"E S01°21'44"E SO1 ° 22'25"E S87°22°34"E L4 _66.1 3` C =5)31 C RVE DATA DELTA I RADIUS LENGTH 00 24'16" 2839.00' 4 05° 38'01 °' 2831 .00' 20.04' 278.36' ROUTE 91 RIVERSIDE FREEWAY POB Indicates Point 0f Beginning TPCB Indicates True Point Of Beginning (.R) Indicates Radial Bearing ) title to Stale (Access Prohibited NOTES Coordinates rind becrings are on CCS 1983(2G07.00) Zene 6, € stationing are -arid distances. 0 ty 0.99997476 to onto€n ground ices. A!! distances ore in PREPARaC c. t CATE:06-15-12 DISTRIC ROUTE 91 ,RIVERSIDE C/Lw STATIONING TEMP RAPY CvSTAJC' N EASEMENT RP ET REV.: 1 0-09- 1 2 EA: 0E540 FA#. COUNT ROUTE( SHEET' PM \SHEET NO. TOTAL SHEETS 193 PARCEL# 22275-8 TITLE TCE GRANTOR PEARL STREET PROP. PC!, I DOC, NO, ?JCS 05 9 1 ROUT EGEND POB Indicates Point Of Beginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State Access Prohibited NOTES L8ordirEat s and bearings are on US 1 3(20 7.00) Zane a. Distances a€ stationing are grid distances. Divide by 0.99997476 to .obtain ground distances. All distances are in feet unless the✓,vis noted. PREPARED BY: AREA 11819 SO.FT. DO C . 0665691 RivERS APN 270-005 & 013 ROUTE 91 RIVERSIDE FREEWAY /C/L STATIONING TEMPORARY CONSTRUCTION EASEMENT .DATE: 06--1 5-1 2 REV.: 1 B-09- 1 2 EA: 0E 540 SHEET PM 1 A€ : EFT NG.1TOTAL SHEETS' 194 PS OMAS EXHIBIT IV LEGAL DESCRIPTION Caltrans Parcel No. 22275-9 Fee Acquisition APN 117-270-013 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, being described as follows: Beginning at the southeasterly corner of Parcel 2 of said deed; thence North 81 °40'38" West 161.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line of the land described in the Final Order of Condemnation entered September 29, 1915, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 176.53 feet, to which point a radial line bears South 37°58'42" West; thence northwesterly along said curve and said easterly line 8.81 feet through a central angle of 02°51'28"; thence South 81 °26'22" East 57.22 feet to the beginning of a curve concave northerly having a radius of 2,851.00 feet; thence easterly along said curve 718.79 feet through a central angle of 14°26'43" to a point, said point being the True Point of Beginning; thence North 04°49'37" West 9.99 feet to the beginning of a non - tangent curve concave northerly having a radius of 2,841.30 feet, to which point a radial line bears South 05°53'14" East; thence westerly along said curve 25.00 feet through a central angle of 00°30'15"; thence South 04°49'37" East 9.99 feet to a point on said 2,851.00 foot radius curve, to which point a radial line bears South 05°22'57" East; thence easterly along said curve 25.00 feet through a central angle of 00°30'09" to the True Point of Beginning. Containing 250 square feet MA2PTG010501\SURVEYTEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-9- FEE.doex 4/23/2014 Page 1 of 2 195 PSOMAS The above described conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. See Exhibit `I2' 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 4 -z3-/¢ MA\2PTG010501\SURVEY\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-9- FEE.docx 4/23/2014 Page 2 of 2 196 EXHIBIT I2 PARCEL# TITLE AREA APN 22275-9 FEE 250 SO. FT. 117-270-013 SHEET INDEX 117-270-003 '-2�0_004 o SHEET 3 SHEET 4 SHEET 5 I A I- j'(XS.F I R" R. w SHEET 2 I i y 9 3p 1 1 5-060-01 6' N W v) OOC � I 2 P✓ , °-021 NO, 200n-05 )5 )9 1 I 0 , R , - N p C L, 1 �^`' �' �� �. " - ---'Iu 117-270-006 R c 1PCL' -f i 03/66 22275-9 �=;-': '`,�, --; • _ "- _ _ I 1 o 3�r POB TPOB 365 360 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 11 11 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 7 5- 9 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. 1 FEET 0 100 200 400 600 PREPARED BY: PSOMAS Huttonrive, Ste. 200 Santa Ana, California 92707 (717373/(71Centre 04)545 8883 (Fax) DATE:06-15-12 REV. 4: 04-23-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 197 91 6. 9 1 4 EXHIBIT I2 PARCEL# TITLE AREA APN 22275-9 FEE 250 SQ. FT. 117-270-013 ti LiI, Lu � (r) -1 cc "Q fill PROPOSED -- - c3 0 O C — I. R/W FOR, LOT SOUTH T�1Vrt�jl�r AND WATER 1V1e _ — — __ — — — — ��— --- ,-:- ct o ,-2 8L OCX 3 LAND COMPANYRANCHO 9/6 FOR, PCL , 2 DOC, NO, 7006- 0565691 0 , R ., A=02° 51 '28" R=176.53' L=8.81 ' — — — — — — S81 °26'22"E — — 57.22 — p=1 5°25'1 6" , — 0_14°26'43" N81 °40'38"W 1 61 .21 ' — R=2851 'FOR, T.,3So El OOC, 0565691 R ., S ., .00' L=71 SECTION 30 R.,6W,, SOSRANTr Mg J /O PCL I NO, 2006- O , R , — — — 63/66 L=76_7.34' _ 8.79'— — — M w w 0 / N81°40'38"W o o EXISTING R/W POB 123.15 w oco o 0 (/) N. in ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY w (/) C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 9 360 ) Title to State 1 1 1 1 I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 7 5- 9 FEE ACQUISITION distances. All distances are in feet unless otherwise noted. 1 FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 73734 7114)545-8883 (Fox) DATE: 06-15-12 REV. 4: 04-23-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 198 91 6.9 2 4 EXHIBIT I2 PARCEL# TITLE AREA APN 22275-9 FEE 250 SQ. FT. 117-270-013 N I— w w w N _ 15—° POR, SECTION 30 r ., 3 S ., y R ., J IJ11 RANCHO EL SUARANTr Mil 1/8 R , S , L�/6b — __.— _ T /z R=2851 .00 2-5'16—" — — — — — DOC, 05.65 PCL , 1 NO, 200�- 91 0,R, PROPOSED R/W — —� — Q=- i— w w _ J6734 —L=_ _ __ L=71 8.79' — — — — —= 0=1 4° 26'43" =16°40'20" N81 °40'38"W 123.15' ROUTE 91 2 R=2000.00' EXISTING R/W L=581.97' -- FREEWAY RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE C/L STATIONING 363 LEGEND POB Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Beginning Of Beginning Bearing ( ) Title to State I I 11 I Access Prohibited NOTES FEET �/ 2 2 2 / S - 9 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. ' 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(7114)545-8883 (Fax) DATE:06-15-12 REV. 4:04-23-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 199 91 6.9 3 4 EXHIBIT I2 PARCEL# TITLE AREA APN 22275-9 FEE 250 SO. FT. 117-270-013 wMw � w w >JJis' Sr0T1 JN 30 RANCr10 r l SJBRANTr R'S' prL. ° 1 ..-- Doc, No, 700- -- 05b5:4391 O,R, „ -"- — OSED R /W PROP -- p=1 _4° 2_6 43 \- V 8.79 ° 4020R __ p-16 '" �� �--/ i DE o \\`_--, 1 9 / 22275 I _ _ R1 1 -- — R2 Cl - li, 111111r I- , C2 R4 718e79' " R3 TPO 1_ 0 1 4° 20 43 R=2851 \ — 6,=15 25'16'1 —� \ ____ -' 365 Po „ 3 \ DDC, NJ„ 200 - 05-" 1 0 R, '63 ' DJG, i 05-n5a71 � i — — *Mg �, illii 1 22275-9�IV TPOgL=581 °97S 000.00 Da° „E 2 20,59 I _�.J S EXISTING RAW RIVERSIDE �' — \ — _ \ �1 \ g J -j67e34�� .,- �� — ROUTE 91 RIVERSIDE \ -- \ prl , ND, l R) R°UTE QOR, L ol, As8r§SOR �NJ, �\ - -� 112-ram I S MAP 31 43 — — \ �� , 4 \ 700.6 - 0„R, < < ::10\35\18\.\020\:: FREEWAY RADIAL DATA R1 - S05°53'14"E R2 - 505°22'59"E R3 - S05°22'57"E R4 - S05° 53'06"E FREEWAY C/L STATIONING LINE DATA 9.99 E 9.99 L=25.00' p=00°30'1 5" L=25.00' p=00°30'09" LEGEND L1 - N04o49;37;;W L2 - SO4 49 37 CURVE DATA POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing to State Prohibited ( ) Title C1 - R=2841 .30' C2 - R=2851 .00' I I I I I Access NOTES FEET 2 2 2 7 5- 9 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. ' 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)545-8883 (Fax) DATE:06-15-2012 REV. 4:04-23-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2C0 91 6.9 4 4 PS OMAS EXHIBIT `J1' LEGAL DESCRIPTION Caltrans Parcel No. 22275-10 Permanent Drainage Easement APN 117-270-013 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 1 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, being described as follows: Beginning at the southeasterly corner of Parcel 2 of said deed; thence North 81 °40'38" West 161.21 feet along the general southerly line of said Parcel 2 to a point on the easterly line of the land described in the Final Order of Condemnation entered September 29, 1915, in Case No. 6889, Superior Court of said Riverside County, a Certified Copy thereof being recorded October 4, 1915 in Book 427, Page 282 of Deeds, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 176.53 feet, to which point a radial line bears South 37°58'42" West; thence northwesterly along said curve and said easterly line 8.81 feet through a central angle of 02°51'28"; thence South 81 °26'22" East 57.22 feet to the beginning of a curve concave northerly having a radius of 2,851.00 feet; thence easterly along said curve 718.79 feet through a central angle of 14°26'43" to a point, said point being the True Point of Beginning; thence easterly continuing along last said curve 48.55 feet through a central angle of 00°58'32"; thence North 41 °20'45" West 12.13 feet to a point, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,841.30 feet, to which point a radial line bears South 06°43'13" East; thence westerly along said curve 41.32 feet through a central angle of 00°50'00"; thence South 04°49'37" East 9.99 feet to the True Point of Beginning. Containing 449 square feet. MA2PTG010501\SURVEY\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-10- PDE. docx 4/23/2014 Page 1 of 2 201 PS OMAS See Exhibit `.12' 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 4 - f3 -/4 NI: \2PTG010501\SURVEY\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-10- PDE. docx 4/23/2014 Page 2 of 2 202 EXHIBIT J2 PARCEL# TITLE AREA A P N 22275-10 ESMT 449 SO. FT. 117-270-013 SHEET INDEX 117-270-003 / ,to-0p4 o SHEET 3 SHEET 4 A`j-�s.F R` R, w SHEET 2 9- >> 3p0 1 1 5-060-01 6 � IV) DOC, P, 2 J crR,s 021 NO, 200t-05b5b911 0,R, ss FO, I ..` _ - 17.1 117-270-006 03/66 1►2275-10 - _- -;�--- -------------- - _ --- ; -- — �rnTr,r -- -r --- _- --'--- - - - ' -------- -i--- - <:� _ -------- - ----_=w--=.��.--: ' ! J , nrn i —1 0 3/ POB 365 360 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( -) Title to State 1 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 7 5- PERMANENT DRAINAGE 1 0 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751n 73734714)545g8883 (Fax) DATE:02-10-14 REV.: 04-23-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2 D 3 91 6.9 1 4 EXHIBIT J2 PARCEL# TITLE AREA APN 22275-10 ESMT 449 SQ. FT. 117-270-013 1--- W ct 1--- v) J Cc Q Lu PROPOSED FOR, LOT SOUTH R1VrRS1Dr AND WATER r 1V18 _ — _ -� OOP — — — — b. _�—i.� �-� R/W o 3; SL OOK 13 LAND COMPANY )/� FOR, PCL, 2 DOC, NO, 7006- 0565691 D ., R 0=02°51'28" R=176.53' L=8.81' S81 °26'22"E _ — 57.22 — A=15°2516" — — 0=1 4 A — N81 °40'38"W 1 61 .21' ° 26'4 3" — — FOR, SECTION 30 _r „�S � ; R , �I,11, RANCHO EL SOSRANT MEI 1 /8 PCL, 1 — DOC, NO 7006- 05n51-)91 0 , R , R.,S., .63/�6 R=2851 .00' L=767.34' — , L=718.79' N81°40'38"W M w w _ 0 o EXISTING R/W POB 123.15' w °q `n , o 0 (,) � M ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY cn C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 9 360 ( ) Title to State 1 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 7 5_ 1 PERMANENT DRAINAGE 0 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)545-8883 (Fax) DATE:02-10-14 REV. : 04-23-14 EA OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2 04 91 6.9 2 4 EXHIBIT J2 PARCEL# TITLE AREA APN 22275-10 ESMT 449 SQ. FT. 117-270-013 N I— w w w 0=15°25'16" POR , SECTION 30 T „3S ; R , 6 lill , RANCHO EL SOSRANTr M8 1 /8 R ., S ., — ,— T z � R=2851.00_ — — — — — — 63/66 -_— �— — R=2000.00' EXISTING DOC, 0565691 PCL, 1 NO 2006- 0, R, PROPOSED R/W _— - -- -- _ = v 1— w w cn w — — R/W — — jL=767_34 — — — L=71 8.79' — — — — — 0=14°26'43" =16°40'20" ROUTE 91 2 N81 °40'38"W 123.15' L=581.97' FREEWAY -- RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE C/L STATIONING 363 LEGEND POB Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Beginning Of Beginning Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES FEET �/ 2 2 2 / S- 1 0 PERMANENT DRAINAGE 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. 1 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 73734 714)545-8883 (Fax) DATE:02-10-14 REV. : 04-23-14 EA:OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2 C 5 91 6.9 3 4 EXHIBIT J2 PARCEL# TITLE AREA APN 22275-10 ESMT 449 SO. FT. 117-270-013 rn w Li 0 W W cn FCf�., Sr C r1 CN .JJ FOR, SE' 1 ., 3So; f`;., �fJ' llll� ;�r1NCH0 rL SO8RANTr R A/18 1/2 PC I_ , 1 / CCC, NO., 7006- i 0565691 C , R , , � � _ � / PROPOSED RPN � / _ _41. _ R=2851 p=1 5° 25 1 6! ° 2 6 43, L=T18�TTPOB 0=1 4 ° R=2pp0.00 __ 0=16 40 20 J-, / DETAIL \\EXIST 1 30 / 22275-10 _ i _ i — _ TPOB RQ / vs - / 79' R1 / 6_14°26 °, pp p1525, I�R2g51p-- �-- 365 PCL 3 \ �� �/ D0565691 0,R, � S 63 / / , � i 0' / / DOC, / 0565691 � / / _ 3q- — ►- 7 . . —� _ _ sp6° /222 75-10 =581 -97 ° p 5g„E I spg 2 � Riw IN RIVERSIDE \____ � RIVE — -- _ R3 _ C2 �L1 ,. \ C1 R2 _/ 4 —T18.3T6T3 L 6 ROUTE 91 RIVERSIDE \ i \ -- ' PGL , NO, 51 0 ) R��TE UR I_JT r� JCi�.3l , rl� Al\/1. 1 /-f �\ � \ , 11 -A All;�fr' it �1� � f3 �- N/ / \ \ \ \ \ 24, A 4N 7006- 0 R / / (\ 38„E (R) \ 131. N78°58 FREEWAY RADIAL DATA R1 - S05°53'06"E R2 - S06° 51 R3 _ S06°43'13"E R4 S05°53'14"E FREEWAY '38"E C/L STATIONING LINE DATA W 1 2.1 3 E 9.99 L=48.55' 0=00°58/32" L=41 .32' 0=00°50'00H LEGEND L1 - N41 020 45 L2 - SO4 49 37 CURVE DATA POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing to State Prohibited C1 - R=2851 .00' C2 - R=2841 .30' ( -) Title I I I I I Access NOTES FEET 2 2 2 7 5- 1 0 PERMANENT DRAINAGE EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. ' 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(7014)545-8883 (Fax) DATE:02-10-14 REV. : 04-23-14 EA:OF540 FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2C6 91 6.9 4 4 PS OMAS EXHIBIT `Kl' LEGAL DESCRIPTION Caltrans Parcel No. 22275-11 Temporary Construction Easement APN 115-060-015 In the City of Corona, County of Riverside, State of California, being a portion of the land described as Parcel 4 in the Quitclaim Deed recorded August 2, 2006 as Document No. 2006-0565691 of Official Records of said County, described as follows: Beginning at the southeasterly corner of said Parcel 4; thence North 09°22'38" East 73.38 feet along the general easterly line of said parcel to a point thereon, said point being the True Point of Beginning; said point also being the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 15°38'45" East; thence westerly along said curve 48.35 feet through a central angle of 00°58'35" to a point, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 13°30'03" East; thence westerly along said curve 173.43 feet through a central angle of 03°30'10"; thence North 02°32'29" East 95.94 feet to a point on the general northerly line of said Parcel 4, said point being the beginning of a non -tangent curve concave northerly having a radius of 5,779.66 feet, to which point a radial line bears South 13°11'22" West; thence easterly along said general northerly line the following two (2) courses: 1) along said curve 76.62 feet through a central angle of 00°45'34" and 2) South 77°34'12" East 140.88 feet to the most easterly corner of said Parcel 4; thence South 09°22'38" West 0.59 feet along said general easterly line to the True Point of Beginning. Containing 10,698 square feet. MA2PTG010501\SURVEI'\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-11- TCE.docx 4/23/2014 Page 1 of 2 207 PS OMAS See Exhibit `1(2' 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 .-2,?•/4 Date MA\2PTG010501\SURVEY\LEGALS\22275_APN_117-270-005 and 013_115-060-013 and 015ROSEVILLE\Legals\22275-11- TCE.docx 4/23/2014 Page 2 of 2 208 EXHIBIT K2 PARCEL# TITLE AREA APN 22275-11 TCE 10,698 SOFT. 115-060-015 SHEET INDEX 117-270-003 1/7-270 004 oti SHEET 2 To �So F O Re R' NN 1�i1 1 7 9 300 1 1 5-060-01 6 N � 30C, cc PCI , 2 Q W 021 NO 00 —05 5- 9J 0,R, PCL, 1 �., . -n' ` '-CI R ` ` ,� ., r __- _ —_ nr "; __-----_ ______-______________ ::_, (;� -" �P 0 g POB 365 360 ROUTE 91 RIVERSIDE FREEWAY ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 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 1 2 2 2 / S- 1 TEMPORARY CONSTRUCTION 1 1 EASEMENT distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)7Ana, 1n 7373/(714)545g8883 (Fax) DATE:06-15-12 REV. 5: 04-23-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2C9 91 6.9 1 2 EXHIBIT K2 PARCEL# TITLE AREA APN 22275-11 TCE 10,698 SOFT. 115-060-015 CURVE DATA DELTA RADIUS LENGTH 119-30p_p21 C6 00°58'35" 2837.00' 48.35' CC A. T ° S.F. R.R. p��l =02°39 �R" F?_577g 66 " Ao p°� ��PZL 267.5g,° �A � � � S C 0* 034 2 DEL � 4°53q„ 77 1 E 140°88, i ° \ S15 3845"E (R ) _ m ;fc�0 S13°30'03"E (R-IN) N N Q C\f ' )C� t� c\i? . 0 ,�� �ir>> 22275-11 CC w ° CP'I 6c) 0� , ice. co �> �P 11 5-060-01 5 � LiJ = cn w � o 0� 0 , A"E ) A3 in °, N zSo°059 5 p" L�1�3° �'�r� �T 1 ��r1 �'�a, �--- 03° 30 g37 poo A .: SS._M G l AF) 0 i � � Al p= R,2 NO, 31 z �S770 R/w r11�/Ja 1 /,f2-,i` / -- 140.88 E \ in PpS0 PRO R,S, pA'' lRl 2 32 „ R,1 g5 S ° IAA D�0 Iw R .D 3/bn 2A �9°�° / 0.59 o °oo �- P 0� i P 08 . -co I E lRl C6 m cv °23'1 i 5``F- m In cv I g 0 aA `1 n.'�° S \ S\ 5 3 R rn I o \ DETAIL �/ 1S�ZNC EX 1=5 i i - 131.00' s DE �--, N78°58,244 76:5770 ERSI ° 9c' /9 S,% R I F U-� E F REEW A � o RO 3 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ROUTE 91 RIVERSIDE FREEWAY ( ) Title to State C/L STATIONING I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 2 7 5- TEMPORARY CONSTRUCTION 1 1 EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751n 7California 92707 373/(714)545-M33 (Fax) DATE:06-15-12 REV. 5: 04-23-14 EA:OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 2 1 R I V D 91 6. 9 2 2 Pearl Street Properties, LLC 117-270-005, 117-270-013 115-060-013, 115-060-015 FEE 250 SF PDE (DRAT NAGE) 449 SF TAE (TEMPORARY ACCESS) 26,164 SF TCE (TEMPORARY CONSTRUCT! ON) 10,698 SF 211 LAW OFFICES GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP RICHARD C. GREENBERG JOHN D. WHITCOMBE$ DERRICK K. TAKEUCHI MICHAEL I. GIBSON LEONARD GRAYVER SAMANTHA F. LAMBERG MICHAEL J. WEINBERGER JOEL L. BENAVIDES AARON M. LAVINE $Also Member of District of Columbia Bar VIA E-MAIL & U.S. MAIL 21515 HAWTHORNE BOULEVARD, SUITE 450 TORRANCE, CALIFORNIA 90503-6531 (310)540-2000 FAX (310) 540-6609 • (310) 316-0505 E-MAIL: GWTLLP@GWTLLP.COM September 9, 2014 Members of the Board of the Riverside County Transportation Commission c/o Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3fd Floor Riverside, CA 92501 Re: Taking of portions of Corona Towne Center Dear Board Members: MICHAEL E.ADLER• PATRICIA M. BAKST• 'OF COUNSEL SENDERS E-MAIL RGREENBERG@G WTLLP.COM OUR FILE 100-2701 This firm represents Corona Towne Center, LLC ("CTC"), the property owner of the Corona Towne Center ("Center") property located on Lincoln Boulevard. CTC requests that this letter be made part of the administrative record on this matter. CTC has informed Riverside County Transportation Commission ("RCTC") staff of its concerns and objections relating to RCTC's proposed project and takings from the Center. CTC's concerns have not been met. While CTC understands the RCTC and Caltrans mission to widen the 91-Freeway, RCTC and Caltrans have not taken reasonable measures in planning to minimize the adverse economic impact on the Center. As the project has been designed, the Center is not viable in the after condition. Prior to the proposed project, the Center was developed and configured to be accessed from Lincoln. Four entry points and four drive aisles from Lincoln led into the center. The parking and access adequately served the anchor tenants as well as the entire center; however, there was no surplus parking. Parking spaces behind the Cardenas Market are not used by patrons. In the proposed "after condition" the remaining buildings will still be oriented towards Lincoln while the RCTC project proposes to provide primary access from a new side road -- 2"d Street. The Center will effectively have egress to Lincoln that is not workable. The queuing to the one driveway LAW OFFICES GREENBERG, WHITCOMBE, TAKEUCHI, GIBSON & GRAYVER, LLP Members of the Board of the Riverside County Transportation Commission September 9, 2014 Page 2 slated to remain in its entirety will result in a bottleneck that would be impassable. Since the last RCTC meeting, RCTC has proposed a minor modification to the project, to include an additional access point to Lincoln. While this change does provide an additional access point to Lincoln, the driveway is limited as it only allows for a right -turn in and a right -turn out. This means that this driveway will only allow entrance to the Center to vehicles travelling north on Lincoln -- vehicles that would have to pass the other Lincoln access point before reaching this additional entrance. The driveway would likewise only allow exit to Lincoln for vehicles that wish to continue travelling north on Lincoln. Yet, the majority of the customers coming to the subject property come from the south. This additional driveway does nothing to help the majority of the traffic to the subject property. We have been advised that the perceived constraints by the RCTC preclude any further modification of the planned project to mitigate CTC's concerns and damage to the Center. We want to leave no misapprehension about the fact that the proposed design does not minimize damage to the Center. Similarly, we want to make it abundantly clear that CTC does not agree that the RCTC-proposed site reconfiguration is the appropriate reconfiguration of the site. The RCTC-proposed site reconfiguration is not suitable or desirable for CTC. Such site reconfiguration only addresses one issue -- parking. However, it fails to address the deeply flawed egress and circulation, nor does it take into consideration that the remaining parking includes 80 spaces of virtually no utility as the Center will now be configured. Neither does it address the key fact that the buildings are no longer oriented towards the main access points/frontage. This property would not have been developed, built or redeveloped, nor would any knowledgeable buyer even consider purchasing the Center as it is outlined in the RCTC-proposed site reconfiguration. Very truly yours, Richard C. Greenberg for the firm RCG/rsc 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 DONNA L. SNOW w W W PALMIERI, TYLER, WIENER, WILHELM &WALDRON IERI (1928-1998) RON (1927-1998) 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 CANDICE L. LEE ERICA M. SOROSKY MICHAEL P. BURNS JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS KATHERINE M. HARRISON BRIAN GLICKLIN 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 September 4, 2014 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 _ ij;'e S -5 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. 36964-000 Re: Corona Towne Center, LLC - Parcel No. 22218-1; 22218-2; 22218- 3; 22218-4; 22218-5; 22218-6; 22218-7; 22218-8 Our Clients: Cardenas Markets Dear Clerk: This office represents Cardenas Markets, the anchor tenant of Corona Towne Center, LLC. The purpose of this letter is to notify the Riverside County Transportation Commission that Cardenas Markets intends to appear and be heard at the Resolution of Necessity hearing scheduled for September 10, 2014. cc: Client 1304085.1 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 DONNA L. SNOW W W W PALMIERI, TYLER, WIENER, WILHELM &WALDRON; IERI (1926-1998) RON (1927-1998) 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 CANDICE L. LEE ERICA M. SOROSKY MICHAEL P. BURNS JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS KATHERINE M. HARRISON BRIAN GLICKLIN 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 September 9, 2014 Members of the Board of the Riverside County Transportation Commission c/o Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Re: 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. 36964-000 Taking of portions of Cardenas Markets' business location at Corona Towne Center; Proposed Resolution of Necessity No. 14- 022 Dear Board Members: Cardenas Markets ("Cardenas"), is the anchor tenant of the Corona Towne Center retail center located on Lincoln Boulevard. Cardenas requests that this letter and its enclosures be made part of the administrative record on this matter. This letter follows the June 10, 2014 and July 8, 2014 letters to the RCTC Board and enclosures as included in the administrative record on this matter, as well as RCTC's entire file to be included in the administrative record on this matter, as it relates to this property, including, but not limited to, internal communications, reports, notes, correspondence and any submittals or communications with the City of Corona (much of which has not been produced to the property owner or this stakeholder). 1310507.3 PALMIERI, TYLER, WIENER, WILHELM &WALDRON Jennifer Harmon September 9, 2014 Page 2 This matter came before this Board on June 11, 2014 for consideration of adoption of a resolution of necessity to authorize takings from Corona Towne Center. The Board did not adopt the resolution of necessity and the matter was continued to the next Commission meeting --July 9, 2014. At the July 9, 2014 meeting, at the request of RCTC Staff, the matter was continued to the Commission's September 2014 meeting. At the June 11, 2014 Commission meeting, the first one, this Board directed staff to sit down and meet with Cardenas (and the property owner) to discuss the Cardenas - proposed reconfiguration plan and the obvious concerns by the Board, the property owner and Cardenas relating to the proposed project --which necessitates the reconfiguration of the subject property. Staff has not worked with the property owner and Cardenas to discuss site reconfiguration and the other impacts of the proposed takings and project. Since the June 11, 2014 meeting, Cardenas has been attempting to start a dialogue and meet with RCTC staff. (See Ex. 1.) Cardenas did not receive any meaningful official response from RCTC staff. RCTC staff has not officially offered any comments to the Cardenas proposed reconfiguration plan. Basically, it is ignoring the reconfiguration plan as its official position. Later, Cardenas learned that instead of working with Cardenas and Corona Towne Center property owner, RCTC staff covertly sought to obtain approval for a right/in- right/out only driveway on Lincoln. Staff supposedly obtained agreement by the City of Corona for the right/in-right/out driveway. Staff held a meeting with the property owner and Cardenas on August 28, 2014. At the meeting, Staff was asked to provide the documentation, if any, and analysis, if any, for the very recent site reconfiguration change. Staff did not have any of the documentation at the meeting that staff called for the purpose. Staff has not provided the documentation or analysis for the driveway to date. That was the only reconfiguration change proposed. Despite repeated requests by Cardenas, RCTC staff has not addressed the Cardenas -proposed site reconfiguration. RCTC staff has not addressed the very real concerns of the property owner and its anchor tenant, Cardenas, relating to the whole host of impacts caused by the RCTC proposed takings and project. 1310507.3 PALMIERI, TYLER, WIENER, WILHELM &WALDRON Jennifer Harmon September 9, 2014 Page 3 As Cardenas explained at the June 11, 2014 Commission meeting, the RCTC project will leave a center that was developed and oriented towards Lincoln having primary access from a new side road--2nd Street. Corona Towne Center will be turned on its side. Yet, RCTC staff has been unwilling to discuss the severe impact that will be caused to Corona Towne Center that will require reconfiguration of the buildings. The self-serving "re -design" conducted by RCTC staff to add a limited driveway from Lincoln does little to address the concerns of Cardenas or the property owner as it expressed at the late August meeting with RCTC staff. Despite this Board's direction, staff has not officially commented on Cardenas' proposed site reconfiguration. Instead, staff (and the revised appraisal report and precondemnation offer) are officially ignoring the Cardenas -proposed reconfiguration. At a prior meeting, staff conceded that these are the biggest takes on the biggest property in the widening project. Why then, did staff wait to address this property at the "end" --when staff claims that it is too late to make substantive changes to the project? Common sense dictates that the bigger issues are dealt with first. This Board directed staff to address the problems its project was causing to the center and Cardenas. Essentially, staffs official position is that it is refusing to address the Cardenas - proposed site reconfiguration. Despite being obligated to do so and promising to do so, staff has not even provided the data demonstrating how, at this late date, it could add a driveway apron as "reconfiguration," but, it cannot address the reconfiguration that is actually required. The revised appraisal is invalid. The revised appraisal argues that there is no need for reconfiguration. Its invalidity is confirmed by staffs conduct --even though staffs conduct to reconfigure is inadequate. By directing staff to address the Cardenas -proposed reconfiguration plan, this Board agrees that the RCTC appraisal's conclusion is invalid. 1310507.3 PALMIERI, TYLER, WIENER, WILHELM &WALDRON Jennifer Harmon September 9, 2014 Page 4 Hunt Enterprises, and an appraiser on its behalf, determined that the RCTC appraiser's conclusion is invalid. Cardenas, the largest stakeholder at the property, does not agree with the RCTC appraiser's conclusion. Staffs conduct in adding a driveway underscores the need to reconfigure the center. Therefore, the real parties in interest all agree that reconfiguration is necessary. Yet, the appraisal asserts that it is not. Therefore, it is invalid. Cardenas anticipates that RCTC staff and legal counsel will argue that this argument is simply a "compensation issue." However, this Board is required to make findings before adopting a resolution of necessity. One such finding is that an offer based upon a valid appraisal was made. Here, the appraisal is invalid, thus this Board cannot make that required finding. Another finding this Board is required to make is that the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. Here, where all real parties in interest agree that reconfiguration is necessary yet none is provided, this Board cannot make that required finding. Cardenas reasserts its objections to the proposed resolution of necessity. Cardenas maintains and reasserts all of the objections it made in advance of and at the June 10, 2014 Commission meeting. Cardenas incorporates herein by this reference its objections made in its June 10, 2014 letter to the Board (Ex. 2), including but not limited to: • The RCTC-proposed mitigation and reconfiguration of the site should not be part of the RCTC public project and should not be approved as part of the Resolution of Necessity. The RCTC-proposed mitigation and reconfiguration is not suitable or desirable for Cardenas Markets. • The project has not been located or planned in a manner compatible with the greatest public good and least private injury. 1310507.3 PALMIERI, TYLER, WIENER, WILHELM &WALDRON n Jennifer Harmon September 9, 2014 Page 5 • Section 7 of the proposed resolution is an invalid delegation of legislative authority. It violates Cardenas' rights to substantive and procedural due process. If adopted as proposed, the resolution is void. • RCTC is incapable of conducting a fair, legal and impartial hearing on the proposed adoption of the resolution of necessity. RCTC staff has left this large significant taking as one of the last to be brought to the RCTC Board for consideration. Cardenas believes the timing was strategic on RCTC staffs part such that staff will claim no further changes to the project in terms of time or the nature of the project. RCTC staffs purposeful delay on bringing this significant taking to the Board was an effort to avoid really dealing with the concerns of the property owner and its anchor tenant. Staff officially and inappropriately ignored this Board's direction to meet with Cardenas and provide comments relating to the Cardenas -proposed site reconfiguration. For all of the foregoing reasons, the reasons set forth in Cardenas' prior objection letters dated June 10, 2014 and July 8, 2014, Cardenas requests that this Board not adopt any resolution of necessity authorizing takings from the Corona Towne Center. Very truly yours, MHL:mp Enclosures Exhibit 1: July 8, 2014 letter to RCTC Board with enclosures Exhibit 2: June 10, 2014 letter to RCTC Board (without enclosures) cc: Client 1310507.3 EXHIBIT 1 ANOELO J. PALMIERI (1920-1990) ROBERT F WALDRON (1927.1991) ALAN N WIENER' MICNAEL J GREENE* DENNIS W OMAN' DAVID D. PARR' CHARLES M KANTER' PATRICK A NENNESSEY DON FFSNER GREGORY N. WEILER WARREN A. WILLIAMS JONN R LISTER MICNAEL M LEIFER SCOTT R. CARPENTER RICHARD A SALUS NORMAN J RODICM RONALD M COLE MICNAEL L. D ANOELO STEPNEN A SCMECK DONNA L. SNOW W PALMIERI, TYLER, WIENER. WILHEL.M & WALDRON RYAN M EASTER EL/SE M KERN MEL1SA R PEREZ MICNAEL 1 KENOE CHADWICK C. BUNCH ANISM J. BANKER RYAN M PRAOER BLAINE M SEARLE ERIN BALSARA NADERI CANDICE L. LEE ERICA M SOROSKY MICNAEL P. BURNS JOSMUA J. MARX ERIN K OYAMA. STEVEN R. GUESS KATHERINE M HARRISON BRIAN OLICKLIN MICNAEL C. CMO, OF COUNSEL ROBERT C. IMRKE, OF COUNSEL JAMES E WILHELM. OF COUNSEL DENNIS O. TYLER', RETIRED 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 851-9400 www. ptwwW . CO m July 8, 2014 VIA E-MAIL & U.S. MAIL Members of the Board of the Riverside County Transportation Commission c/o Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 P.O. BOX 19712 IRVINE. CA 92823-9712 WRITER'S DIRECT DIAL NUMBER (949) 851-7294 WRITER'S DIRECT FACSIMILE NUMBER (949) 825.5412 FIRM'S DIRECT FACSIMILE NUMBERS (949) B51-1554 (949) 757.1225 mleiler®plwww. com REFER TO FILE NO. 36964-000 Re: Taking of portions of Cardenas Markets' business location at Corona Towne Center APNs 118-270-034, 35, 36, 38, 39, 40, 41 and 42 Dear Board Members: Cardenas Markets ("Cardenas"), is the anchor tenant of Corona Towne Center retail center located on Lincoln Boulevard. Cardenas requests that this letter and its enclosures be made part of the administrative record on this matter. Additionally, Cardenas requests that RCTC's entire file, as it relates to this property, including, but not limited to, internal communications, reports, notes, correspondence and any submittals or communications with the City of Corona be included as part of the administrative record on this matter. This matter came before the Commission on June 11, 2014 for adoption of a resolution of necessity to authorize takings from Corona Towne Center. The Commission did not adopt the resolution of necessity and the matter was continued to the next Commission meeting --July 9, 2014. 1266315.1 PALMIERI, TYLER. WIENER. WILHELM &WALDRON3 Jennifer Harmon July 8, 2014 Page 2 Since the June 1 lth meeting, Cardenas has been attempting to start a dialogue and meet with RCTC staff to discuss reconfiguration of the Corona Towne Center site. Cardenas has not received any meaningful response from RCTC staff. RCTC staff has not offered any comments to the Cardenas proposed reconfiguration plan. RCTC staff has not offered to meet with Cardenas to discuss the RCTC project or reconfiguration of Corona Towne Center. The correspondence between this office and RCTC staff is enclosed. On July 3, 2014, we received a letter from RCTC attorney, Mark Easter, advising that RCTC staff would be requesting a continuance of the Resolution of Necessity to September 2014. In the event that this matter is not continued, Cardenas renews its prior objections made in its June 10, 2014 object letter to the Commission and Cardenas' counsel's comments at the June 11, 2014 hearing. At this time, RCTC should not adopt any resolution of necessity authorizing takings from the Corona Towne Center. MHL:mp Enclosures cc: Client 1266315.1 ATTACHMENT 1 Michelle M. Pase From: Erin BaIsere Naderi <ENaderi@ptwww.com> Sent Friday, June 13, 2014 4:52 PM To: 'Mark Easter; 'mlancaster@rctc.org' Cc: 'rgreenberg@gwtllp.com'; Michael H. Leifer, Michelle M. Pase Subject: RCTC partial acquisition of Corona Towne Center/Cardenas Markets' Site Please see the below message and attachment from Mike Leifer: Mark and Mark, We would like to hear back concerning Cardenas' proposed alternative design previously submitted last year to the City of Corona and RCTC's acquisition agent, OPC, and further discuss early next week. Please contact me to discuss. Very Truly Yours, Mike Leifer cc: clients Erin B. Naderi I Associate Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 I Irvine, CA 92614 Direct Dial (949) 851-7348 I Fax (949) 825-5426 Email Bioaraphy j Vcari Website IRS Circular 230 Disclosure: Pursuant to Internal Revenue Service Circular 230, only formal opinions satisfying specific requirements may be relied on for the purpose of avoiding certain penalties under the Internal Revenue Code. Any tax advice contained in this communication (including attachments) does not constitute a formal opinion satisfying such requirements. Accordingly, we must advise you that any such tax advice was not intended or written to be used, and cannot be used, by you or any other person as such an opinion for the purpose of (i) avoiding penalties imposed under the Intema) Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP that may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. 1 ATTACHMENT 2 9 Michelle M. Pase From: Erin Balsara Naderi <ENaderi@ptwww.com> Sent: Monday, June 16, 2014 10:29 AM To: 'Mark Easter' Cc: Michael H. Leifer; Michelle M. Pase Subject: RE: RCTC partial acquisition of Corona Towne Center/Cardenas Markets' Site Mark, The alternative design that was submitted in the Cardenas objection letter to the resolution of necessity was the same alternative design that was submitted in 2013 to the City of Corona and RCTC's acquisition agent, OPC. Thanks, Erin From: Mark Easter [mailto:Mark.Easter@bbklaw.com] Sent: Saturday, June 14, 2014 6:07 PM To: Erin Balsara Naderi Subject: Re: RCTC partial acquisition of Corona Towne Center/Cardenas Markets' Site We need clarification as to which proposed alternative design Mr. Leifer is referring to. Is it the same design he presented to the Commission at the Resolution of Necessity hearing? Sent from my iPad On Jun 13, 2014, at 16:53, "Erin Balsara Naderi" <ENaderi@otwww.com> wrote: Please see the below message and attachment from Mike Leifer: Mark and Mark, We would like to hear back concerning Cardenas' proposed alternative design previously submitted last year to the City of Corona and RCTC's acquisition agent, OPC, and further discuss early next week. Please contact me to discuss. Very Truly Yours, Mike Leifer cc: clients Erin B. Naderi I Associate Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street, Suite 1300 I Irvine, CA 92614 Direct Dial (949) 851-7348 1 Fax (949) 825-5426 <image001.jpg> Email j Biography 1 Vcard 1 Websitc 1 IRS Circular 230 Disclosure: Pursuant to Internal Revenue Service Circular 230, only formal opinions satisfying specific requirements may be relied on for the purpose of avoiding certain penalties under the Internal Revenue Code. Any tax advice contained in this communication (including attachments) does not constitute a formal opinion satisfying such requirements. Accordingly, we must advise you that any such tax advice was not intended or written to be used, and cannot be used, by you or any other person as such an opinion for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP that may be privileged and confidential and protected from dscbsure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. 2 ATTACHMENT 3 GRFFN13FRG, NN HITCOM13F, TAKFUCH1, ( !MOY GR N Fit I l I' .tune 17. 2014 13Y U.S. Mall_ AND E-MA1L. Mark A Easter, Esq. 3390 University Avenue, 5th Floor Riverside, CA 92501 Mark Lancaster, Right of Way Manager Riverside County Transportation Commission P.O. 13o\ 12008 Ri‘ersicle. CA 92502-2208 Re' Corona 1 ownc Center C,ent)emen. Cardenas Markets has proposed to the RCfC a reconfiguration of Corona Towne Center (the "C'enter") to accommodate a redesign and relocation of its market, so that it faces northward from the south-easterl) quadrant of the Center. I am told by its counsel Mike Leifer that the RC'TC has declined to consider that proposal because of its belief that our client l lunt Enterprises. Inc.. fee owner of the Center. does not support that reconfiguration_ As I hope 1 made clear during the hearing of June 11, 2014. relocation of the Cardenas store as proposed is a necessary element to preserving the Center in its after condition. It will position the store properly, and open the parking currently behind the store that is of no utility in the present configuration. As) have also previously advised the RCFC in correspondence, and on June 11. the other necessary element to retaining; a viable center is removal of the shops (with partial relocation) in the ,•outhvkest portion of the Center, to enable enhanced ingress. egress and circulation, and. we would anticipate, additional ingress from Lincoln Avenue. S GREE:NBERG, WHITCOMBE,TKF.LCIiI, GIBSON & GRAVVER, I.LP Miark A taster. Esq. Mark Lancaster June 17. 2014 Page 2 Our client would certainly be open to a resolution that resohcs both issues. with appropriate mitigation and compensation. We look lorward to working with Cardenas Markets and the I C' TC to that end 1 would be pleased to discus, the matter further with }uu. \tern tru! v curs. re•&4-7 ichard C. Greenberg. 1.or the !tent ce• \like l oiler. 1 sq. Janet Parks ATTACHMENT 4 PALMIERI. TYLI k. WIEN R. WILFUL'1 &WALDRON, ANGELO J. PALWERI (1Sl6.Up) ROSERT F. WALDRON (1027-/ESS) ALAN M WIENER* RYAN M MICNAEL J. ORtENt• ELISE N KERN DENNIS W ONAN• MELISA R. PEREZ DAVIO D. PARR• MICHAEL I. KENO( CHARTES M KANTER• CHADWICK C. BUNCH PATRICKA MENNNNNEY ANISH J. BANKER CON FISHER RYAN M PRAGER GREGORY N woman ELAINE M. SEARLE W A WILLIAM. ERIN NADERI JOHN R LISTER CANOK:E L TEE MICNAEL N LEIFER ERICA M BOROSKY SCOTT R. CARPENTER MICNAEL P. BURNS RICHARO A SALUS JOSHUA J. MARK NORMAN J RODICM ERIN K. OYAMA RONAL D M, COLE STEVEN R. CUESS MICNAEL L. OANOELO KATNERINE M HARRISON STEPHEN A SCNECK BRIAN OLICKLIN DONNA L. SHOW MICNAEL c. CNO. OF COYNSEI ROSERT C. IMRK! DI COUNSEL JAMES E. WILHELM OP COUNSEL DENNIS D. TYLER•. RETIRED •A PAOTLITH4H•I CV4►O.41 O. VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4261 (949) 851-9400 www.ptwww.com Mark Easter Best, Best & Krieger 3390 University Ave., 5th Floor PO Box 1028 Riverside, CA 92502 June 23, 2014 P.O. BOX 19712 IRVINE, CA 92623 9712 WRITER S DIRECT DIAL NUMBER (949) 851 7294 WRITER'S DRECT FACSIMILE NUMBER (9491 825 5412 F Rio 8 D RECT FAGS LL LE NLMBERS (949) 851 1554 (949)757.1225 mI61Isreplwww COm REFER TO FIl E NO. 38984 OOO Re: Riverside County Tramortation Conunission - Cardenas Market and Corona Towne Center Dear Mark: On June 20, 2014 I sent you an email asking for you to call me to discuss the RCTC's proposed acquisition. In response, you sent me an email claiming that from your perspective, the property owner and Cardenas' concerns regarding reconfiguration and the taking were "compensation" issues and that they do not need to be resolved before the next Resolution of Necessity hearing. We strongly disagree. It was obvious from the public hearing on June 11, 2014, that the RCTC Commissioners were directing staff to work with Cardenas and the property owner to seek a solution. 1254253.1 PALMIERI, TYLER, WIENER, WILH ELM & WALDRON � Mark Easter June 23, 2014 Page 2 At the public hearing, RCTC staff represented to the Commissioners that they would do so. So far, staff has not made any attempt to work with us. On June 13, 2014, my office sent a message to you and Mark Lancaster stating that we would like to hear back concerning Cardenas' proposed alternative design. In response, you emailed asking clarification of which proposed alternative design I was referring to. On June 16, 2014, my associate, Erin Naderi, responded to you advising that the alternative design submitted in the Cardenas objection letter to the June 1 lth hearing was the same alternative design submitted over a year ago to the City of Corona and RCTC's acquisition agent, OPC. On Monday, June 16th, I had a telephone conversation with you regarding this matter. You did not say that the issue did not need to be dealt with or discussed before the Resolution of Necessity hearing. Rather, then, you claimed that RCTC was stymied, felt its hands were tied, and did not know what to do because the property owner was not supporting the Cardenas' plan for reconfiguration. I promptly disagreed with you and advised you that RCTC staff was trying to set up an excuse for not acting and not considering the reconfiguration. On Tuesday, June 17th, the property owner's attorney, Richard Greenberg, cleared up RCTC staffs feigned confusion and again clarified that the property owner did support the Cardenas' plan for reconfiguration. I again reached out to you on June 20th, and now the story has changed. From staff, addressing these issues should be postponed until sometime in the hazy future. 1254253_1 PALMIE RI. TYLE R., WIENER. WILHELM &WALDRON. Mark Easter June 23, 2014 Page 3 Staff has done the opposite of what it was directed to do by the RCTC Commissioners. It has done the opposite of what it told its Commissioners it would do. It is evading. It is feigning confusion and it is refusing to address the RCTC project, impacts and reconfiguration. Staffs conduct is causing even greater impact on Cardenas Markets. MHL:mp cc: Clients Richard Greenberg, Esq. (via e-mail) Mark Lancaster (via e-mail) 1254253.1 ATTACHMENT 5 Indlan Wells (750) 588.2511 Irvine (949) 203-2500 Los Angeles (213)517-8100 Ontario (909) 080-8584 Mark A. Easter (951)826-8237 mark.easter@bbklaw.com BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 Unhierslty Avenue, 5th Floor, P.O. Box 1028. RArerskle, CA 92502 Phone: (951) 886-1450 I Fax (951) MB-3083 I www.bbklaw.com June 24, 2014 VIA E-MAIL - MLEIFER [QPTWWW.COM Michael H. Leifer Palmieri, Tyler, Weiner, Wilhelm & Waldron LLP 2603 Main Street Fast Tower - Suite 1300 Irvine, CA 92614 Sacramento (910) 325-4000 San Diego (819) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0800 Re: Riverside County Transportation Commission - Cardenas Market and Corona Towne Center Dear Mr. Leifer. I am in receipt of your letter dated June 23, 2014. The manner in which Corona Towne Center elects to reconfigure its remainder property, in order to mitigate what it. believes are the severance damages to the Corona Towne Center that will be caused by RCTC's SR-91 Project, is indeed a severance damages issue, as it does not pertain to the findings of need and necessity that the Commission must make in order to adopt a Resolution of Necessity at the Commission meeting in July. I am sorry that you do not agree with our position, but that is your prerogative. The rest of your letter appears to be bent on trying to create a paper trail so that you can "tell on" RCTC staff at the next Commission meeting and accuse RCTC staff of "avoiding" meeting with the property owners, or even "faking" it. To set the record straight, your office chose to wait until the evening before the last Resolution of Necessity hearing to submit objections to the adoption of the Resolution, along with a reconfiguration or mitigation plan that you never previously provided to ow office. After the Resolution of Necessity hearing on June 1 lth, Mr. Lancaster met with Corona Towne Center and its legal counsel at the County Administration Building. You were also III present. At the time, it was entirely unclear if the Corona Towne Center was in support of Cardenas' mitigation plan. In fact, the Corona Towne Center representatives expressed their view that they were more concerned with the fate of the smaller tenants at the shopping center than they were Cardenas Market. As a result, when we had our telephone conversation on June 16, 2014, I explained to you that I was not sure what you expected RCTC to do, because 1) it remained unclear whether the Corona Towne Center group was in support of your plan; 2) the plan has not been approved by 17336.02100189197a I Michael Leiffer June 24, 2014 ' Page 2 I NW BEST BEST & KRIEGER ATTORNEYS AT LAW r the City of Corona; and 3) it came unaccompanied by any appraisal analysis. You responded that you understood, and you further acknowledged that the only purpose of your inquiry on the previous Friday (June 13th) was to "get our attention". You said nothing about my confusion being feigned. Since that time, Mr. Grreenberg's office has confirmed that Corona Towne Center is in support of your client's proposed mitigation plan. Your letter now accuses RCTC staff of "evading and feigning confusion," but what are you specifically asking RCTC to do? RCTC is not the entity that would approve the plan. If you are alluding to who would be paying for what under your client's proposed plan, then those are, in fact, just compensation issues that are not going to be resolved before the next hearing, and RCTC is under no formal or informal obligation to resolve them before the next hearing. For the record, there is nothing RCTC is doing (or is failing to do) that is preventing Corona Towne Center and Cardenas Market from going forward with the proposed mitigation plan. Meanwhile, your ongoing objections and resistance to RCTC adopting a Resolution of Necessity is creating MORE uncertainty and confusion about the timing of construction and the need for implementing any mitigation plan. In that regard, it would seem to us that the greatest impact on Cardenas Market is currently being caused by your law firm. Very truly yours, E-er Mark A. Easter of BEST BEST & KRIEGER LLP MAE:mvv 19336.02100S/919762.1 ATTACHMENT 6 ANGELO J. PALMIERI (1528. 15Y8) ROBERT F. WALDRON (192T-TBiS) ALAN N WIENER• MICHAEL J. GREENE• DENITIB W GNAW DAVID D. PARR. CHARLES I/ KANTER• PATRICK A HENNEBBEY DON FISHER GREGORY N WE L ER WARREN A. WILLIAMS J01414 R, LISTER MICHAEL H. LEIFER SCOTT R. CARPENTER RICHARD A. SALUS NORMAN J RODICH RONALD N COLE MICHAEL L. D ANGELO STEPHEN A. SCNECK DONNA L. SNOW PAL' RI.. TYLER. WIENER. WILHELM &WALDRON RVAN M EASTER 0,18E M. KERII MELISA R. PEREZ MICHAEL ! KENDE CHADWICK C. BUNCH AMBIT J RANKER RYAN M PRAGER KAIME N REARLE ERIN DIADEM CANDICE L LEE ERICA M BOROSKY MICHAEL P. BURNS JOSHUA J. MARK ERIN R. OVAMA STEVEN R. GUESS KATHERINE M HARRISON BR/AN GLICKLIN MICHAEL C. CNO. OF COUNSEL ROBERT C. MAKE, OF COUNSEL JAMES E. WILHELM. OF COUNSEL DENNIS G. TYLER% RETIRED '. 110.1..10.•L COR•OR.tIOR VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 9 300 IRVINE. CALIFORNIA 921314 4261 (949) 651-9400 www. ptwww. corn Mark Easter Best, Best & Krieger 3390 University Ave., 5th Floor PO Box 1028 Riverside, CA 92502 July 1, 2014 P.O. 80K 19712 IRVINE. CA 92623.9712 WRITER S DIRECT DIAL NUMBER (949) 551.7294 wN TER'S DIRECT FAGS MILE Rohm R (949)825.5412 FIRM 8 DIRECT FACE MILE NUMBERS (949) 851-1554 (949)757-1225 mhifer.plwww.tom REFER TO FILE N0. 39984.000 Re: Riverside County Transportation Commission - Cardenas Market and Corona Towne Center Dear Mark: This is in response to your June 24, 2014 letter. Your claims that we are causing our own damage by asserting our constitutional and statutory rights to object to the adoption of the resolution of necessity are unfounded and inappropriate. That is especially so considering our objections are obviously well founded considering the RCTC Commission could not obtain enough votes on June 11, 2014 to adopt the resolution of necessity. Even more, the RCTC Commissioners repeatedly directed staff to work with Cardenas and the property owner. RCTC staff represented that it would. 12573032 PALM) ERI.TYLER. WIENER. WILHELM &WALDRON3 Mark Easter July 1, 2014 Page 2 Some of those quotes from the audio transcript of the resolution of necessity hearing are as follows: Mark Lancaster: "And as always, staff will continue to work with the property owners in an attempt to negotiate a settlement." "We are definitely willing to work with Cardenas -- and the Corona Towne Center itself -- to come up with a viable site." "I, I think it's, as a good -neighbor policy, it is appropriate to meet with Cardenas, and I've actually been wanting to meet with them for quite some time." City of Lake Elsinore: ". . . ask our Staff to spend some more time with the Cardenas folks and the property owner ..." City of Palm Desert: "...understanding that we will continue working on what is best for the property owner..." Based on the directions from the Commission and staffs representations, we again reached out to seek RCTC staffs position and comment on Cardenas' proposed reconfiguration of the Corona Towne Center site. Yet staff has been silent. No comments have been received by staff pertaining to the Cardenas' proposed reconfiguration. Neither staff, nor your office, have offered to meet with Cardenas and the property owner. Further, claims that Cardenas did not provide its reconfiguration plan "to [)]our office" before the evening before the June 11, 2014 Resolution of Necessity hearing is absurd. 1257505.2 PALMIERI.TYLER. WIENER WILHELM &WALDRON3 Mark Easter July 1, 2014 Page 3 The Cardenas proposed site reconfiguration was provided to RCM's agent, Janet Parks at Overland Pacific & Cutler and to the City of Corona in April and May of 2013. The fact that your client and its agents may have failed to inform you of the same is wholly irrelevant. In your letter, it is asserted that the reconfiguration issue is simply a "compensation" issue. We disagree. This is more than a "compensation" issue. This goes to a fundamental element of the adoption of a resolution of necessity --whether the project complies with the greatest public good and least private injury. Further, if this were simply a "compensation" issue, why was RCTC staff and its agents working on numerous iterations of "mitigation plans" for the site? Why were numerous iterations of those plans submitted to the City of Corona, if not necessary? Why were RCTC staff and its agents meeting with City of Corona officials numerous times over the years? If Cardenas did not object and make its position known that site reconfiguration is necessary in order to have a viable site after the RCTC project and raised those issues for the first time later in the "compensation" phase of the trial, I am fairly confident that RCTC and your office would have been launching claims of "sandbagging." Cardenas wants to and is entitled to address with the RCTC the proposed reconfiguration plan for the site. Very truly yours, MHL:mp cc: Clients Richard Greenberg, Esq. (via e-mail) 1257505.2 ATTACHMENT 7 Indian Wells (780) 566-2611 Irvine (649) 263-2600 Los Angeles (213) 6174100 Ontario (909) 989-8584 Mark Easter (951)826-8237 Mark. Eaatertabbidaw.corn BEST BEST $r KRIEGER 3 ATTORNEYS AT LAW 3390 University Avenue, 5th Floor. P.O. Box 1028, Riverside. CA 92502 Phone: (951) 686-1450 f Fax: (951) 686-3083 ( www bbkaw.com July 3, 2014 VIA US MAIL AND E-MAIL Richard C. Greenberg Greenberg, Whitcombe, Takeuchi, Gibson & Grayver LLP 21515 Hawthorne Blvd. Suite 450 Torrance, CA 90503 rgreenberg@gwtllp.com Michael H, Leifer Palmieri, Tyler, Weiner, Wilhelm & Waldron LLP 2603 Main Street East Tower - Suite 1300 Irvine, CA 92614 mleifer@ptwww.com sacssm.nto (918) 325-4000 Son Dlepo (619) 525-1300 Walnut Creek (925)977.3300 Washington. DC (202) 785.0800 Re: Riverside County Transportation Commission - Cardenas Market and Corona Towne Center Dear Messrs. Greenberg and Leifer: Please be advised that staff for the Riverside County Transportation Commission ("RCTC") will be requesting at the July 9, 2014 Resolution of Necessity hearing that the hearing as to the Corona Towne Center parcel be continued to September 2014 so that RCTC can further review the project design and further investigate alternatives. Veryly yours aster or BEST BEST & KRIEGER LLP 17336.0210019065743 3 EXHIBIT 2 ANGELO J. PALMIERI (1020. 1990) ROBERT F. WALDRON (1027-1000) ALAN H. WIENER' MICHAELJ 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. =HECK DONNA L. SNOW W PA1 ERI, TYLER,WIENI R, WILHEL,M & WALDRON RYAN M EASTER ELISE M KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ANIBH J. BANKER RYAN M. PRAGER BLAINE M. SEARLE ERIN BALSARA NADERI CANDICE L. LEE ERICA M SOROSKY MICHAEL P. BURNS JOSHUA J. MARX ERIN K. OYAMA STEVEN R. GUESS KATHERINE M HARRISON BRIAN GLICKLIN MICHAEL C. CHO OF COUNSEL ROBERT C. IHRKE. OF COUNSEL JAMES E. WILHELM OF COUNSEL DENNIS G. TYLER'. RETIRED "A PRGFESSIONAL CORP.-RAT',.-N VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 851-9400 www.ptwww.com June 10, 2014 Members of the Board of the Riverside County Transportation Commission c/o Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Re: Taking of portions of Cardenas Markets' business location at Corona Towne Center Dear Board Members: P.O. BOX 19712 IRVINE, CA 92823-9712 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 mleIferalp(Www.com REFER TO FILE NO. 38984-DOD Cardenas Markets ("Cardenas"), is the anchor tenant of Corona Towne Center retail center located on Lincoln Boulevard. Cardenas requests that this letter and its enclosures be made part of the administrative record on this matter. Additionally, Cardenas requests that RCTC's entire file, as it relates to this property, including, but not limited to, internal communications, reports, notes, correspondence and any submittals or communications with the City of Corona be included as part of the administrative record on this matter. Cardenas is a significant stakeholder in the City of Corona and the County of Riverside. Cardenas has been the anchor tenant in a synergistic retail center --Corona Towne Center --for approximately 10 years. Corona Towne Center was a great site for Cardenas. Because of the RCTC project that is changing. 1244391.2 PALMIERI, TYLER. WIENER. WILHELM & WALDRON Jennifer Harmon June 10, 2014 Page 2 Cardenas serves over one million customers at the location through the assistance of about 130 onsite employees (over 85 percent of the employees live in Corona). Cardenas wants to continue to operate from this site. Cardenas wants its many employees to continue to assist this family -owned business from this site for years to come. The RCTC project puts all that in significant question. Cardenas has so informed the City of Corona, RCTC senior staff and the property owner of its concerns about the viability of this center. What has Cardenas received in response from RCTC staff? Very little. Cardenas has largely been ignored. Its concerns have been ignored. For over two years the Cardenas ownership has expressed concern directly to the RCTC staff about proposed impacts to its business location caused by takings from the Cardenas -anchored center. What did Cardenas seek from RCTC staff? A plan and a commitment from RCTC that would put Cardenas in the same position as it was as if the project had not gone forward. That is, Cardenas sought to be made whole for the impacts to its business location. It is understood that the RCTC and Caltrans mission is to widen the 91. It must also be RCTC's mission to economically protect those in the path of the widening. How should Cardenas be put in the same position? Prior to the project, the Cardenas store was situated as an anchor to the Corona Towne Center. The Center was developed and configured to be accessed from Lincoln. Four entry points and four drive aisles from Lincoln led to an extremely visible anchor location. The parking field was situated in front of Cardenas. Cardenas is entitled to and has sought no more than what it had in terms of site configuration. Because of the numerous takings and the nature of the infrastructure, the remainder of Corona Towne Center is totally misconfigured and misoriented. The Corona Towne Center was developed to be a Lincoln Avenue -oriented development. All primary access points were from Lincoln Avenue. The building orientation was directed to the Lincoln Avenue orientation. The RCTC project flips the remainder of the property on its side. Effectively it will have no Lincoln Avenue access. The one driveway slated to remain, out of four, is the shortest possible drive aisle and creates the biggest bottleneck. RCTC staff is proposing more access from a new side road--2nd Street while all of the buildings will still be oriented towards Lincoln Avenue. Tens of thousands of square -feet of synergistic retail building will be demolished. The aesthetics of the Center and the presentation of the Cardenas Market business location are proposed "no shrift" or at best "short shrift." 1244391.2 PALMIERI, TYLER. WIENER, WILHELM &WALDRON Jennifer Harmon June 10, 2014 Page 3 Despite all of those significant impacts, at this time, RCTC has ignored Cardenas requests to relocate the business to another location in the Center so that it will be re- oriented to its prior street orientation. Moreover, RCTC has not offered any amount of compensation for such damages to Cardenas, or as far as Cardenas is aware, to the property owner. Instead, RCTC has hired a company to come up with a hypothetical, "for litigation" study that concludes 1 + 1 = 5. RCTC has completely ignored the fact that the buildings are no longer oriented in the correct direction and that the site will be under the siege of construction for years to come. It is ignoring that it has an obligation to put Cardenas in a position in which it is or can be made whole. RCTC has ignored Cardenas and continues to do so. RCTC's elaborate scheme to avoid paying Cardenas its just compensation only works, in theory, if the someone else does what RCTC assumes under RCTC's precise timing. For certain, RCTC is not treating this significant stakeholder properly. 1. Mitigation and reconfiguration of the site is not part of the RCTC "public proiect." At the time of preparation of this objection letter, Cardenas Markets continue to get bits and pieces of information from RCTC. On Friday, June 5, 2014 and Monday June 9, 2014, RCTC's counsel, Mark Easter, advised this office that the RCTC proposed site reconfiguration plan was not part of the RCTC public project and was not being adopted as part of the Resolution of Necessity. The RCTC proposed site reconfiguration should not be part of the RCTC public project and should not be approved as part of the Resolution of Necessity. To the extent RCTC attempts to do so, Cardenas objects. The RCTC proposed site reconfiguration --the basis upon which the precondemnation appraisal and offer were based --is not suitable or desirable for Cardenas Markets. As discussed above, the RCTC proposed site reconfiguration plan requires the implementation by someone else (presumably the property owner) on a specific timetable in between RCTC activities on or around the property. Further, the RCTC proposed site reconfiguration plan only addresses one issue --parking. It does not address the fact that the buildings are no longer oriented towards the main access points/frontage. 1244391.2 PALMIEE I. TYLER. WIENER. WILHELM &WALDRON Jennifer Harmon June 10, 2014 Page 4 The property would never have been developed, built or redeveloped in the way outlined in the RCTC proposed site reconfiguration. A private property owner would not get approved to develop the property in that way. That demonstrates that there is significant damage that is not being addressed. It is not being addressed to Cardenas and it is not being addressed to the property owner either (as far as we are informed). In discussions with the property owner, Cardenas has been advised that the property owner/landlord does not believe the RCTC proposed reconfiguration plan is viable. Cardenas has been in discussions with its landlord, Corona Towne Center, LLC and the City of Corona, relating to a site reconfiguration that would change the orientation of the buildings and parking in Corona Towne Center to fit with the proposed RCTC project that changes the on and off ramp to SR-91, adds a new frontage road, and changes the primary access to and from the Corona Towne Center to be from the new frontage road. A copy of the conceptual site reconfiguration being proposed by Cardenas Markets is attached hereto as Exhibit 2. 2. The project has not 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 findings 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, Cardenas Markets is still getting bits and pieces of information from RCTC just prior to the resolution of necessity hearing. Cardenas Markets does not have a complete understanding of the takings that are being proposed, including, but not limited to, the building demolition easement and the vaguely referenced "building access easement." Is not clear what portion of property the "building access easement" applies to, though it appears to be a small area. Further, the wording of the "building access easement" is very broad and does not appear to limit RCTC in any way. RCTC's proposed takings are either taking too little, in which case RCTC will likely exceed the scope of the takings improperly requiring the property owner and/or tenant to monitor the RCTC project and file an inverse condemnation case, or taking too much. 1244391.2 PALMIERI. TYLER. WIENER WILHELM St. WALDRON- Jennifer Harmon June 10, 2014 Page 5 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 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." (Proposed Resolution, Section 7, last sentence [emphasis added].) The Commission should know, and in fact must know, the taking it is approving. Likewise, when RCTC is authorizing its attorneys to take property, the property owner and tenant are entitled to know what property and property rights are being taken. The proposed resolution fails to provide 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. 4. 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 1244391.2 4 # PALMIERI. TYLER. WIENER. WILHELM ISLWALDRON Jennifer Harmon June 10, 2014 Page 6 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 Ca1.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 a 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. MHL:mp Enclosures Exhibit 1: RCTC Before Condition Access Map and RCTC proposed site reconfiguration plan Exhibit 2: Cardenas existing site plan, Cardenas proposed site reconfiguration plan and renderings Exhibit 3: Correspondence with senior RCTC staff cc: Client 1244391.2 9/10/2014 �pRUJecr FAST lOSNtlQO 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. r +-11:=1 15 ... a halal WOK A 4111%lamsidim liu,rtsriw BiallAiWornisiar�r 1 9/10/2014 4�R2JEcz fASt'FQAWAA'D 1. Corona Towne Center, LLC, a California limited liability company 2. Platinum Oil Company, a California corporation 3. National Community Renaissance of California, a California nonprofit public benefit corporation 4. National Community Renaissance of California, a California nonprofit public benefit corporation 5. National Community Renaissance of California, a California nonprofit public benefit corporation 6. Pearl Street Properties, LLC, a Nevada limited liability company of pROJEcT AST ♦OAWARG N. 1 2 3 4 5 6 ©wnershn Corona Towne ;Center, LLC; Platinum Oil Company National Community Renaissance of California National Community Renaissance of California National Community Renaissance of California Pearl Street Properties, LLC Offer Date August 6, 2014 July 22 2014 May 27, 2014 May 27, 2014 June , 2014 2 9/10/2014 9apROJeT HST FORWARD 1 2 4` 5 6 Ownership Corona"tlTowne 'Center, LLC: Platinum oil Company National Community ;- Renaissance of California National Community Renaissance of California National Community Renaissance of California's. Pearl Street Properties, LLC In Person Meetings 4 4. Mailings 2 Phone Contacts 22 E-Mails 31 9 5 Total 23 19 40 3 9/10/2014 9/ pROJECT MST kOPWAkD ORIGINAL DESIGN •INCOOUBOLN LEV •RIONTE TUPM D 9T ER-91 CORRIDOR IMPROVEMENT PROJECT PARSONS 4 9/10/2014 91 pROJECT 7 I FASTFOAWARD IM►NOVtMCNY PgOJEOT siik PARSONS FEE 114,644 SF TCE(TEMPORARY CONSTRUCTION) 7,839 SF BDE (BUILDING DEMOLITION 14,474 SF BAE (BUILDING ACCESS) 1,810 SF 5 9/10/2014 FEE 438 SF TCE (TEMPORARY CONSTRUCTION) 904 SF 6 9/10/2014 ROJECT MST IOSS10110 i • M�'1/IF i ill ►# ylti� w..-YMf -A4Y - i/ • a*'# s z ■ • i r � _ - 3," #4NRili. code i 7 9/10/2014 FEE 325 SF moomommummi PWFE (WALL FOOTING) 1,952 SF TCE (TEMPORARY CONSTRUCTION) 13,209 SF 8 9/10/2014 FEE 973 SF PWFE (WALL FOOTING) 581 SF TCE (TEMPORARY CONSTRUCTION) 3,2295E oFr i 9 9/10/2014 FEE 250 SF PDE (DRAINAGE) 449 SF TAE (TEMPORARY ACCFs) 26,164 SF TCE (TEMPORARY CONSTRUCTION) 10,698 SF 10 9/10/2014 91 pROJ cT FAST WXW,RD 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 ICON No. ly-o22 ANGELO J. PALMIERI (1920-1996) ROBERT F. WALDRON (1927-199a) 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. LISTER MICHAEL H.. LEIFER SCOTT R. CARPENTER RICHARD A. SALUS NORMAN J. RODICH RONALD M_ COLE MICHAEL L. D'ANGELO STEPHEN A =HECK DONNA L. SNOW 0 W PALMIERI. TYLER, WIENER. WILHELM &WALDRON RYAN M EASTER ELISE M KERN MELISA R PERE2 MICHAEL 1 KEHOE CHADWICK C. BUNCH ANISH J. BANKER RVAN M PRAGER BLAINE M SEARLE ERIN BALBARA NADER! CANDICE L LEE ERICA M. SOROSKY MICHAEL P. BURNS JOSHUAJ MARK ERIN K. OYAMA STEVEN R. GUESS KATHERINE M HARRISON BRIAN GLICKLIN MICHAEL C. CHO, OF COUNSEL ROBERT C. IHRKE, OF COUNSEL JAMES E WILHELM, OF COUNSEL DENNIS O. TYLER•, RETIRED •A PAOr E6010NAL CORPORATION VIA E-MAIL & U.S. MAIL 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 851-9400 www.ptwww.COM September 4, 2014 Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Re: Dear Clerk: P.O. BOX 19712 IRVINE, CA 92823-9712 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 mleiler®ptwww.com REFER TO FILE NO. 36964-000 Corona Towne Center, LLC - Parcel No. 22218-1; 22218-2; 22218- 3; 222184; 22218-5; 22218-6; 22218-7; 22218-8 Our Clients: Cardenas Markets This office represents Cardenas Markets, the anchor tenant of Corona Towne Center, LLC. The purpose of this letter is to notify the Riverside County Transportation Commission that Cardenas Markets intends to appear and be heard at the Resolution of Necessity hearing scheduled for September 10, 2014. cc: Client 1304085.i Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 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 Margaret L. Barnes (951) 826-8357 margaret.barnes@bbklaw.com File No. 17336.02100 August 26, 2014 VIA HAND DELIVERY Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, P Floor Riverside, California 92501 C �_ ,1.I\VIE AUG 26 2014 i itiVERSIDE CUUNTY 'RANSPORTATION COMMISSION I) r Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: Notice of Hearing to Property Owner as to Corona Towne Center, LLC; APNs 118-270-034, 118-270-035, 118-270-038, 118-270-039 and 118-270-042; CPNs 22218-1, 22218-2, 22218-3, 22218-4, 22218-5, 22218-6 and 22218-7 RCTC/SR91 CIP Project Dear Jennifer: Attached is the original Notice of Hearing to Property Owner, with proof of mailing, of the hearing on the adoption of a resolution of necessity scheduled for September 10, 2014, as to fee, temporary construction easement, building demolition easement and building access easement interests for property sought for the project. This notice is being provided for your use in noting the date of mailing at the hearing. Please do not hesitate to contact me, should have any questions. Very truly yours, ��L.. cL. • �ls%`tom-l�L- Margafet L. Barnes Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Attachment 17336.02100\9191020.1 NOTICE OF HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY 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 10, 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, 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\9134547.1 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 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: PLACE OF HEARING: DATED: August , 2014. Wednesday, September 10, 2014 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP Bv: ark A. Easter Artin N. Shaverdian Attorneys for Riverside County Transportation Commission 17336.0210019134547.1 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: (The rights being acquired may be exercised mutually exclusive of each other.) "Fee" (as to 22218-1) also lalown 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) (as to 22218-2, 22218-3, 222184, and 22218-5) refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. Such rights shall be exercised for a period of six (6) consecutive 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 the TCEs 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" (as to 22218-6) refers to an exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, for the purpose of demolition, construction, reconstruction, and repair of the building and improvements located therein, together with all necessary rights incidental thereto. 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. Such right shall be exercised for a period of three (3) consecutive 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. 173 36, 02100\9125466.1 EXHIBIT A, PAGE 1 Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Building Access Easement" (as to 22218-7) 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 structure, utilities and mechanical systems, for inspection purposes, and to 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. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Such right shall be exercised for a period of three (3) consecutive 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\9125466. l EXHIBIT A, PAGE 2 r 2 3 4 6 7 8 9 10 11 t2 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22218-1 Fee Acquisition 11PN 118-270-034, 35, 36, 38, 39, and 42 Those portions of Parcels 1 through 6, inclusive, of Parcel Map No. 21690 in the City of Corona, County of Riverside, State of California, as per the map filed in Book 143, Pages 91 through 93, inclusive, of .Parcel Maps, Records of said County, described as follows: 'I Beginning at the most northerly comer of said Parcel 2; thence along the northerly line of said Parcel 2 South 81°57'20" East 288.27 feet to a point thereon; thence South 72°26'28" West 218.38 feet; thence South 73°45'06" West 161.02 feet to the beginning of a curve concave northerly having a radius of 903.00 feet; thence westerly along said curve 382.42 feet through a central angle of 24°15'53" to the beginning of a compound curve concave northerly having a radius of 1,403.00 feet; thence westerly along said curve 32.48 feet through a central angle of 01°19'36"; thence South 54°27'43" West 54.62 feet; thence South 09°15'36" West 95.59 feet; thence South 08°05'21" West 34.85 feet; thence South 09'23'23" West 155.22 feet to a point, said point being the beginning of a non -tangent curve concave westerly having a radius of 95.00 feet, to which point a radial line bears South 79°06'07" East; thence southerly along said curve 9.83 feet through a central angle of 05°55'39" to a point on the westerly line of said Parcel 6; thence along the westerly line of said Parcels 1 through 6, also being the easterly line of Lincoln Avenue as shown on said parcel map the following five (5) courses: 1. North 08°03'59" East 342.88 feet to the beginning of a curve concave southeasterly having a radius of 14.50 feet; 2. Northeasterly along said curve 22.78 feet through a central angle of 90°00'00"; 3. North 08°03'59" East 65,00 feet to the beginning of a non -tangent curve concave northeasterly having a radius of 14.50 feet, to which point a radial line bears South 08'03'59" West; PA2PTG0105'))1'',SU YILEGALS122218 APN...118-270-035 036 038 039 0421Lega1A22218-1-FEE.doc Pagc 1 of 6/2..7/7014 EXHIBIT A, PAGE 3 2 5 6 7 8 9 lU it 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS 4. Northerly along said curve 22.78 feet through a central angle of 90°00'00"; 5. North 08°03'59" East 82.16 feet to a point thereon, said point being the most southerly comer of Parcel 2070-107B as described in the .Final Order of Condemnation, Case No. 217114, Superior Court of said County, a Certified Copy thereof being recorded October 5, 1995 as Instrument No. 333298 of Official Records of said County; thence along the southerly line of said Parcel 2070-107B the following two (2) courses: 1. North 66°09'06" East 12.61 feet and 2. North 86°05'56" East 64.11 feet to a point on the northerly line of said Parcel l; thence along the northerly line of said Parcel 1 the following four (4) courses: 1. South 81 °55'24" East 214,71 feet to the beginning of a curve concave northerly having a radius of 150.00 feet; 2. Easterly along said curve 72.60 feet through a central angle of 27°43'49" to the beginning of a reverse curve concave southerly having a radius of 150.00 feet; 3. Easterly along said curve 72.51 feet through a central angle of 27°41'53"; and 4. South 81 °57'20" East 77.36 feet to the Point of Beginning. Containing 114,644 square feet. This conveyance is made for the purpose of a freeway and the Grantor .hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. 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 See Exhibit `A2' attached hereto and made a part hereof. P-2PT0010501 a VE`hLEGALS122218_APN_118-270-035_036 038_039 0421Lega1s\22218-1-FEE.doc 6:27/2014 Page 2 of 3 EXHIBIT A, PAGE 4 I I, PSOMAS Prepared under the direction of Brian E. Bullock,, PLS 5260 Date - 27- 14- PA2PTGO 10501 \SUR V ErtliCiALS \ 2.221ELAPNL I I 8-270-035_036_038239_0,I2 \ Legals\22218-1-FELdoe 6127/7.014 Page 3 of 3 EXHIBIT A, PAGE 5 EXHIBIT A2 PARCEL# TITLE AREA APN 22218-1 FEE 114,644 5.F. 118--270-034,35,36,38,39,42 r PARCEL PARCEL 1 20 70 - 107 P P01 j 5 1 18-270-023 , ., ill A a2 2 51 / 62-63 77.36' N66° 09'06 ;E 12.61 )~ 11. 581'75524E 214. 71 '----'. 581 ° 57'20"E 64• "E w into 86°05 56 R=150.00' � PARCEL 1 =27°43' a=27 43 49 R=150.00' L=72.51' A=27°41'53" � ni' I 1 18-270-042 (2221 8-1) PARCEL °m 2 o I z 118-270-0341 R=14.501; L=22.78'�.00111L S08°03`59"W (R) A=90 00 00 ' D ST. ! I N08°03159"E / (R) R=1403.00' L=32.48' PARCEL 3 42: I-- w 65.00' N08°03'59'°E=01 L-3a2' ° 1 9'36" 3 oot W r '` -..- -.,R...90 ✓ t- — N R=14.50 ! L=22.78' 1 \ ©'�4° 1 5"53" Lu ©=90°00'00". I co �, j I rn Q jI � s09°20'34"W 554°27'43"W 54.62' S09° 1 5'36"W 95.59' (R) DOC. #2000-033061 P�1\01, P � N1.. 2 .. 143/ 1\1Dr 91 - Lu O.R. `n 21 ��1U 93 "W P`1r�Cr 1 1$-270-035 Z1 44' 1 S S08°05`21 34.85' PARCEL 3 I O 118-270-039 U I 1.1, Z i cn � I rn ® __-- q. __._____- PARCEL -4 I M PAR DEL 1; a i 18-270-036 10 N N O I z i LO• rn 1 18-270-038 N ��a CO 1 I ) o in S79°06'07"E (R) — iiiiiihro._ S73°10128"E (R), r R=95.00' f L=9.83' A=05° 55139" I I—ommR mitimmiNMWER FEET 0 40 80 160 240 NOTES LEGEND Coordinates and bearings are on CCS 1983(2007.00) Zane 6. Distances and stationing are grid distances. Divide to POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 2 2 2 '( Q _ 1 1 U by 0.99997476 obtain ground )Tiffs to State FEE ACQUISITION distances. Ail distances ore in feet I((( Access Prohibited unless otherwise noted, PREPARED BY: DATE: 06-27-14 REV.: EA: OF540 FA#: PSOMAS Centre e200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS t+A Sanara/California (714)751-373/C714)54S-8883 (Fax) 8 R I y 91 C • C 2 2 EXHIBIT A, PAGE 6 EXHIBIT A2 PARCELi* TITLE AREA APN 22218-1 FEE 114,644 S.F. 118-270-034,35,36 38,39,42 /i PARCEL PaA/1,8a /R=150.00 PARCEL 2 / 62-63 1 18-270-023 1 18-270-024 L=72.51` A=27°41'53" P013 R=150.00' L=72.60' A=27° 43'49" . 77.36 S81 I 307.25' o ' 57 20 E 365.63 288.27' PARCEL 2 -6 PARCEL 1 2°5 118-270-034 a6'W 1 i 8-270-042 3�O 2`6 5pac,3 Q, IA� , O w (2221 8-1� µ S�Z Sa1\0 Op rn� z 0 6'`N Q- 0 re) 00 W oA5 2 W SI 161 ,0 in �O V) PARCEL 3 3$�'a2 �p�•0p ° 5'S3 Q 1 18-270-035 F�'—° - --- D'2 DOC. #2000-033061 .'i O.R. P P,N,S, M, NO, 21690 1 3/ 91- 3 PARCEL Iffilmomminuini 3 FEET 0 0 4BO 160 240 _ Li) PARCEL 4 _t 1341 118-270-036 L) 0- NOTES LEGEND Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide P08 Indicates Point Of Beginning TP08 Indicates True Point Of Beginning (R) Indicates Radial Bearing 2 2 2 1 S - 1 by 0.99997476 to obtain ground ( )Title to State FEE ACQUISITION distances. All distances are in feet 1i1I Access Prohibited unless otherwise noted. PREPARED 8Y: DATE: 06-27-14 REV.: EA:OF540 FA#: PSOMAS 3 ton Centre Drive 5tc, n DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santo Ana, 73/(714)54 4x7a7 , (?14)751 �737D/(11 AISGS-88D3 {i'axb 8 R I V 91 5.5 1 2 EXHIBIT A, PAGE 7 " 2 5 7 1 0 1 1 1 2 1 3 l 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 P S O M A S E X H I B I T ` 1 3 1 '