HomeMy WebLinkAboutStaff Report 5.E 08/06/2018MIM
DATE: August 6, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works and Utilities
Jeff Stutsman, P.E. — Senior Civil Engineer
SUBJECT: Resolution Granting Permanent Drainage Easements and Temporary Construction
Easements over City -Owned Land to Caltrans for the Construction of the HOV
Lane -Widening Project in Petaluma and Authorizing City Manager to Execute all
Related Documents
RECOMMENDATION
It is recommended that the City Council approve the Resolution Granting Permanent Drainage
Easements and Temporary Construction Easements over City -Owned Land to Caltrans for the
Construction HOV Lane -Widening Project in Petaluma and Authorizing City Manager to
Execute all Related Documents.
BACKGROUND
Sonoma County Transportation Authority and Caltrans have been working on the Marin Sonoma
Narrows projects since 2001. The Highway 101 Marin Sonoma Narrows (MSN) C2 project is the
northerly segment of the MSN project from just north of Highway 101 and Highway 116
connection to 0.3 miles north of the Corona Road Overcrossing in Petaluma. The project
includes sound walls, bridges, auxiliary lane, ramp widening and median widening for High
Occupancy Vehicles (HOV).
Since January 11, 2010 the MSN C2 Plans Specification and Estimate (PS&E) have been under
development. The MSN C2 HOV project was shelved in 2015 at 95% design due to lack of
construction funding.
Since March 10, 2014, Caltrans under Cooperative Agreement 04-2309 with SCTA, has been
acquiring right of way from willing sellers for MSN C2 project.
On December 12, 2016, the Board of Directors of the Sonoma County Transportation Authority
approved Amendment No. 2 to the Cooperative Agreement SCTA11012 with Petaluma to
advance $7,000,000 of construction funds. On November 13, 2017, Cooperative Agreement 04-
2308 for PS&E and the Consultant agreement were amended to fully fund the design to prepare
the bid package for public advertisement to Contractors in 2019.
On May 2, 2018, the City of Petaluma received a formal offer for a permanent drainage easement
and temporary construction easement for the construction of the HOV lane widening project in
Petaluma.
DISCUSSION
Caltrans has requested the following easements and temporary construction easements (TCE) for
the following five parcels for the construction of the MSN C2 project as shown on attachment 2
— Right of Way Maps.
Parcel #'s
Tye
Grantor
Total Area
Notes
63017-2
Easement
City of Petaluma
131,280
400 sq. ft. dedicated easement including
150 sq. ft. of existing sanitary sewer
easement
63017-3
Easement
City of Petaluma
131,280
400 sq. ft. dedicated easement including
150 sq. ft. of existing sanitary sewer
easement
63017-4
TCE
City of Petaluma
131,280
71 sq. ft. TCE exp. 6/30/21, including 71
sq. ft. of existing sanitary sewer easement
63017-5
TCE
City of Petaluma
131,280
1,250 sq. ft. TCE exp. 6/30/21, including
375 sq. ft. of existing sanitary sewer
easement
63017-6
TCE
City of Petaluma
131,280
1,250 sq. ft. TCE exp. 6/30/21, including
375 sq. ft. of existing sanitary sewer
easement
Per Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, the easements will be purchased based upon market valuation. The City of Petaluma will
be compensated $750 for the permanent drainage easement and temporary construction
easements, which will expire on 6/30/21.
The easements will not impact the City's existing sanitary sewer easement.
Therefore, it is recommended that the City Council authorize the City Manager to execute all
documents relating to permanent and temporary construction easements to facilitate construction
of the MSN C2 Project.
Goal: This proposal action meets City Council Goal: "Plan for and implement priority capital
projects as funding permits".
FINANCIAL IMPACTS
The City will be compensated $750 for the permanent drainage easement and TCE.
ATTACHMENTS
1. Resolution
2. Right -of -Way Contract
3. Legal Description
4. Deed
5. Appraisal Maps
Attachment 1
RESOLUTION GRANTING A PERMANENT DRAINAGE EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS OVER CITY OWNED LAND TO
CALTRANS FOR THE CONSTRUCTION OF THE HOV LANE -WIDENING PROJECT
IN PETALUMA AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
RELATED DOCUMENTS
WHEREAS, the City of Petaluma (Grantor) is the owner of APN 007-401-032, in the
City of Petaluma, County of Sonoma, California; and
WHEREAS, California Department of Transportation, CALTRANS (Grantee), is
acquiring from Grantor permanent drainage easements and temporary construction easements for
the construction, operation, and maintenance of the State US Highway 101; and
WHEREAS, for such purposes, Grantee intends to construct drainage improvements
onto the right-of-way and temporary construct easement to construct the sounds wall as part of
the MSN C2 project; and
WHEREAS, the easements and right of way that are required are located on the east side
of Highway 101 between East Washington St and Corona Road; and
WHEREAS, an easement grant deed sufficient to grant easements will be prepared and
recorded; and
WHEREAS, the City of Petaluma will be compensated $750 for a permanent drainage
easement and temporary construction easement which will expire on 6/30/21; and
WHEREAS, the Project has environmental clearance pursuant to California
Environmental Quality Act (CEQA) by Caltrans; and
WHEREAS, the City of Petaluma's sewer easement will not be affected.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma
as follows:
1. The Recitals are true and correct and adopted as findings of the City Council. Based on
said findings, environmental review of the project has been conducted pursuant to NEPA
and supports the transfer of the right-of-way authorized by this resolution.
2. The City Manager is authorized to execute all documents necessary to transfer the right-
of-way to Caltrans
4
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (6/95)
, CA
Im
CITY OF PETALUMA
Attachment 2
Dist
Co.
Rte.
P.M.
Exp. Auth.
04
SON
101
6.5
2640F9
04 0002 0132
Document No. 63017 in the form of an EASEMENT DEED, and 63017-1, -4, -5, & -6 as
TEMPORARY CONSTRUCTION EASEMENTS shown on the attached map marked Exhibit
"A", covering the property particularly described in the above instruments has been executed
and delivered to MICHAEL O'CALLAGHAN, Associate Right of Way Agent for the State of
California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
(A) The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document and shall relieve the State of all further obligation or claims on this
account, or on account of the location, grade or construction of the proposed
public improvement.
(B) Grantee requires said property described in Document Nos. 63017 and 63017-
1, -4, -5, & -6 for State highway purposes, a public use for which Grantee has
the authority to exercise the power of eminent domain. Grantor is compelled
to sell, and Grantee is compelled to acquire the property.
Both Grantor and Grantee recognize the expense, time, effort, and risk to both
parties in determining the compensation for the property by eminent domain
litigation. The compensation set forth herein for the property is in compromise
and settlement, in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned Grantor the sum of'
750.00 for the property or interest
conveyed by above document when title to said property vests in the State
subject to all liens, encumbrances, assessments, easements and leases
(recorded and/or unrecorded) and taxes.
(B) Pay all escrow and recording fees incurred in this transaction, and, if title
insurance is desired by the State, the premium charged therefor.
3. The undersigned Grantor warrants that, in his/her capacity as the City Manager,
he/she is the owner in fee simple of the property as described in Clause 1 (B) above
and that he/she has the exclusive right to grant this Easement.
4. In consideration of the State's waiving the defects and imperfections in all matters of
record title, the undersigned Grantor covenants and agrees to indemnify and hold the
State of California harmless from any and all claims that other parties may make or
assert on the title to the premises. The Grantor's obligation herein to indemnify the
State shall not exceed the amount paid to the Grantor under this contract.
5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject property by the State,
including the right to remove and dispose of improvements shall commence on
December 1, 2018 or the close of escrow controlling this transaction, whichever occurs
first, and that the amount shown in Clause 2(A) herein includes, but is not limited to,
full payment for such possession and use, including damages, if any, from said date.
A) It is further agreed and confirmed by the parties hereto that permission is
hereby granted the State or its authorized agent to enter upon Grantor's land
where necessary within that certain area labeled 63017-1, -4, -5, & -6, as
shown on the attached map marked Exhibit "A" for the purpose of a temporary
construction easement.
B) The above described parcel of land is to be used for temporary construction
purposes in connection with the construction of the State highway designated
Route 101 on maps in the office of the Department of Transportation, State of
California, at 111 Grand Avenue, Oakland, California. At least 48 (forty-eight)
hours advance written notice will be given before entry on said parcel. It is
further understood that in no event shall the temporary right granted herein
extend beyond the completion of the construction project or June 31, 2021,
whichever is earlier.
6. State agrees to indemnify and hold harmless Grantor from any liability arising out of
State's operations under this agreement. State further agrees to assume
responsibility for any damages proximately caused by reason of State's operations
under this agreement and State will, at its option, either repair or pay for such damage.
7. Grantor warrants that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and the Grantor agrees to hold State
harmless and reimburse State for any and all of its losses and expenses occasioned
by reason of any lease of said property held by any tenant of Grantor for a. period
exceeding one month.
8. The Grantor hereby represents and warrants that during the period of Grantor's
ownership of the property, there have been no disposals, releases or threatened
releases of hazardous substances or hazardous waste on, from, or under the property.
Grantor further represents and warrants that Grantor has no knowledge of any
disposal, release, or threatened release of hazardous substances or hazardous waste
on, from, or under the property which may have occurred prior to Grantor taking title
to the property.
The acquisition price of the property being acquired in this transaction reflects the fair
market value of the property without the presence of contamination. If the property
being acquired is found to be contaminated by the presence of hazardous waste which
M
requires mitigation under Federal or State law, the State may elect to recover its clean-
up costs from those who caused or contributed to the contamination.
9. This transaction will be handled through an internal escrow by the State of California,
Department of Transportation, District 4 Office, Post Office Box 23440, Oakland, CA
94623-0440.
In Witness Whereof, the Parties have executed this agreement the day and year first above
written.
RECOMMENDED FOR APPROVAL:
By
MICHAEL O'CALLAGHAN
Associate Right of Way Agent
Acquisition Services
By
JASPREET SINGH
District Branch Chief
Right of Way Acquisition
Services
CITY OF PETALUMA
John Brown, City Manager
STATE OF CALIFORNIA
Department of Transportation
a
MARK L. WEAVER
Deputy District Director
Right of Way and Land Surveys
No Obligation Other Than Those Set Forth Herein Will Be Recognized
Attachment 3
Numbe
63017r
-�j
EXHIBIT "A"
Being those portions of PARCEL A as shown on that certain map entitled "SOUTH
POINT INDUSTRIAL SUBDIVISION", tiled on February 23, 1989 in Book 432 of Maps,
at Pages 17-19, in the office of the County Recorder of Sonoma County, more particularly
described as follows:
PARCEL 1 (63017-2):
An EASEMENT for drainage purposes under, over, through, and across the following
described parcel of land, together with the right to construct, operate, and maintain such facilities
as necessary to affect the purpose of the easement, said parcel of land being described as follows:
COMMENCING at the most southerly corner of said PARCEL A; thence along the
southwesterly line of said PARCEL A, North 53°09'43" West, 601.06 feet to the POINT OF
BEGINNING; thence continuing along last said line, North 53°09'43" West, 10.00 feet; thence
at a right angle to the last described line, North 36'50'17" East, 40.00 feet; thence at a right
angle to the last described line, South 53°09'43" East, 10.00 feet; thence at a right angle to the
last described line, South 36°50'17" West, 40.00 feet to the POINT OF BEGINNING.
CONTAINING 400 square feet, more or less.
PARCEL 2 (63017-3):
An EASEMENT for drainage purposes under, over, through, and across the following
described parcel of land, together with the right to construct, operate, and maintain such facilities
as necessary to affect the purpose of the easement, said parcel of land being described as follows:
COMMENCING at the most southerly corner of said PARCEL A; thence along the
southwesterly line of said PARCEL A, North 53°09'43" West, 1,149.69 feet to the POINT OF
BEGINNING; thence continuing along last said line, North 53°09'43" West, 10.00 feet; thence
at a right angle to the last described line, North 36'50'17" East, 40.00 feet; thence at a right
angle to the last described line, South 53°09'43" East, 10.00 feet; thence at a right angle to the
last described line, South 36°50'17" West, 40.00 feet to the POINT OF BEGINNING.
CONTAWING 400 square feet, more or less.
The bearings and distances used in the above descriptions are on the California
Coordinate System of 1983, Zone 3, Epoch 1991.35. Multiply the above distances by 1.0000357
to obtain ground level distances.
7 May 2018
Number
63017
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor,
Date:
-2-
y�0 LAND S��G
�O
n
`� Jonathon T Murphey
* Exp. 12/31/2019
No. 8605 J
�F CAS-��/
7 May 2018
RECORDING REQUESTED BY
STATE OF CALIFORNIA
WHEN RECORDED RETURN TO
DEPARTMENT OF TRANSPORTATION
PO BOX 23440, MS -11A
OAKLAND, CA 94623-0440
Attn: MICHAEL O'CALLAGHAN
EASEMENT DEED
The City of Petaluma
Attachment 4
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
04
SON
101
6.4
63017
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation,
hereinafter called STATE, easements for the purposes herein provided, under, over, through and across
that real property in the City of Petaluma, County of Sonoma, State of California, described as follows:
See Exhibit "A", attached.
Transfer Tax Not Applicable: R & T Code 11922
STATE BUSINESS: Free
This is to certify that this document is presented for recordation by the State of California under
Government Code 27383 and is necessary to complete the chain of title of the State to property
acquired by the State of California.
DISTRICT DIRECTOR
M
MARK L. WEAVER
Deputy District Director
Right of Way and Land Surveys
H1
D4—Easement—Deed—Rev-2015-06-29 14 May 2018
Number
63017
Dated: [Name of Corporation]
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation
(according to Section 27281 of the Government Code), accepts for public purposes the real property
described in this deed and consents to its recordation.
Dated
By
LAURIE BERMAN
Director of Transportation
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way and Land Surveys
ll
D4 Easement Deed Rev 2015-06-29 14 May 2018
Number
63017
UTO ► IN, t 1 _ud -Biel►l A III
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California } SS
County of
On before me,
Here insert Name and Title of the Officer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
12
D4—Easement—Deed—Rev-2015-06-29 14 May 2018
r.I ,-FF I,.t h Iv.I
D TIFL1 bli,Trtt,'E•. iF!YI E' -!1,-�
013
SONO A COUNTY CITY OF PETALUMA
f
DIMENSION POINT
i -
=mac
�-
SONO A COUNTY CITY OF PETALUMA
O
DIMENSION POINT
i -
N BASED ON CALCULATED LOT SgFt FROM LANOVISION
NUMBER
3F1E BASED ON RECORD DATA CALCULATION
DOCUMENT NUMOER
O.R.
OFFICIAL RECORDS
(T1
TOTAL DISTANCE
AREAS
(square
feet' AC=Acres)
SCNA
n
PARCEL PS
''�'
..t •!
GRANTOR
EXCESS
TOTAL
R/N
REM
EXPIRES
•• 63017-2
E
CITY OF PETALUMA _ _ _
131,210
bMfT 3
-wow-l(-
i�LT4Y
Ur'llrri-OkAA
-_
.131,210 Iq ft
_
_ 100_ sR ft D E.,
-INCLUDIG-
CYOPEfftMA
2 .
sEAX12
1
u
�63017 5
„
iCE
_
CITY OF PETALUMA
1142Ae 19 H
_ i 250 aq tt fCEi EXP 6/30
63017 6.
TC
_ _
CITY �F' PETILIMA _
roi zw eft
_,_
_ _
_ _ 1�g50 agff, TCEiENP 6%3O
a e
63654-1
_
5 A COUNTY_WATE9 AGENCY _
i6��iss�q.tf
,-
- 500 sa.tf, O.E. NC UD NCUD NC .
v o
pv
C!�
63659-2
TCL
CnA COUNTY WATER AGENCY
166 755.9 Jt
2 7, 25 sg ft. Tc . XP. 6/3f
Supplementory informotion moy be obtained Tran the Cistrici
SCALE IN FEET
Office, Office of R/W Engineering, Surveys aM Napping
Services, 111 Crono Avenue, OORlond, Colifornio.
0 SO 100 160
A/
A/W J. MURPHEY
DATE I DOCUMENT REF. I -4 I " "i " I'•
R-90.2
n t t 1 1 u 1 ACCESS PROHIBITED
O
DIMENSION POINT
APN
ASSESSOR'S PARCEL
NUMBER
DODO
DOCUMENT NUMOER
O.R.
OFFICIAL RECORDS
(T1
TOTAL DISTANCE
S.S.E.
SANITARY SEWER
EASEMENT
SCNA
SONOMA COUNTY
WATER AGENCY
D.E.
DRAINAGE EASEMENT
sq.ft.
SQUARE FEET
EXP,
EXPIRES
Attachment 5
DIST. COUNTY ROUTE ' TOTAL NAPPING AREA
P NtIE
04 SOH 1 101 3.617.2
i ,lE
90
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
® f1B
DEPARTMENT OF TRANSPORT®ATIION
RIOOF AY
APPRAISAL MAP
-10629.11
SCALE V'=50'
DRAWINGCOUNTY I ROUTE I POST
DATE MILE SHEET
22 MAY 2014 SON 101 6.2 11 Cf 13
13
4LA4 t INST I DATE DOCUMENT REF. I "i" IV
8/30/21 oil within Existing 5.S.E. S D.E. 26401`2 0400020132
6/30/21 SEEEASEIIFNT NOTE I) --� 264OF2 0400020132
OTE 2) _ _ - _ ��_ _ 2640F2 0100020132
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—
E.A. 26412 M A I
PID. 0400020132 HARD Copy APPRAISAL
Rre J. MURPHEY
),111I,n
LUEND:
ACCESS PROHIBITED
T.C.E,
TEMPORARY CONSTRUCTION
O
DIMENSION POINT
EASEDEI(T
S.S.E.
SANITARY SEWER EASDENT
Y
EXPIRES
D.E.
DRAINAGE EASEMENT
sgkft.
SOUARE FEET
APN
ASSESSOR'S PARCEL NUMBER
Ac.
ACRES
DOC#
N
N
RICHT OF WAY
O.R.
OFFICIAL RECORDS
S.D.E.
STORM DRAIN EASEMENT
IT)
TOTAL
C
o
W BASED ON CALCULATED FROM LAKDVISION
LOT SqF{
b I4# BASED ON RECORD DATA CALCULATION
o
AREAS (square feet; AC=Acres)
PARCEL AS k: J.
GRANTOR TOTAL R/N REM
EXCESS
g
3i 63017-1 TCE
CITY OF PETALUNA --131,210 -4-ft
3,085 sq.ft. T.C.E. to Expiry
63018-1 TCE
MARTINOY PETALLNALLLC al.tll k
_ _
_ T�
18,068 sq,ff. T.C.E. to Expi1
6j018
M.jJNQV pwWAtLIs�._
_ _
S00 aq ft, 5.0E SEE EASEM
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630183._ E_MARLINOY
EETf LU4A LLMC_._E_(SEE
EASEM
as
�
Supplementary Information may be obtained from the District
SCALE IN FEET
Office, Office of R/O Engineering, Surveys and Mopping
Services, 111 Grand Avenue, Oakland, California.
0 SO 100 180
4LA4 t INST I DATE DOCUMENT REF. I "i" IV
8/30/21 oil within Existing 5.S.E. S D.E. 26401`2 0400020132
6/30/21 SEEEASEIIFNT NOTE I) --� 264OF2 0400020132
OTE 2) _ _ - _ ��_ _ 2640F2 0100020132
....0AOKI _ _ _ —__ O
—
E.A. 26412 M A I
PID. 0400020132 HARD Copy APPRAISAL
Rre J. MURPHEY
),111I,n
LUEND:
ACCESS PROHIBITED
T.C.E,
TEMPORARY CONSTRUCTION
O
DIMENSION POINT
EASEDEI(T
S.S.E.
SANITARY SEWER EASDENT
EXP
EXPIRES
D.E.
DRAINAGE EASEMENT
sgkft.
SOUARE FEET
APN
ASSESSOR'S PARCEL NUMBER
Ac.
ACRES
DOC#
DOCUMENT NUMBER
R/W
RICHT OF WAY
O.R.
OFFICIAL RECORDS
S.D.E.
STORM DRAIN EASEMENT
IT)
TOTAL
1,7 RATE
3.8/7.2
D
�:I fI14:
-ILL
90
STATE OF CALIFORNIA
CALIFORNIA $TATE TRANOPORTATIOH AGENCY
'DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
APPRAISAL MAP
A-1®629.12
SCALE V'=50'
DRAWIhG COUNTY ROUTE POST
OAT, .DRE SHEET
25 AUC 2017 SON 101 6.5 12 OF 13
14