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HomeMy WebLinkAboutStaff Report 4.C 05/07/2012 .. _ A gieda'I tww #4.C .6 4 • DATE: May 7, 2012 . TO: Honorable Mayorand Members of the City Council through Cit Manager FROM: Dan.St. John, F.ASCE —Director, Public Works!'and'Utilit A I ' Larry Zimmer, P.E. —Capital Improvements Division Manager SUBJECT: Discussion and"Possible,Introduction (First Reading),of an Ordinance Approving the Grant of City-Owned.Right of Way to Caltrans for the Construction of the Old Redwood Highway Interchange Improvement Project.and Authorizing City Manager to,Execute Right of Way Contracts, Deeds and All Other Required Documents. RECOMMENDATION It is recommended that the City"Council introduce the attached ordinance approving the grant of City-owned right of way to Caltrans for the construction of the Old Redwood Highway Interchange Improvement Project and,authorizing City Manager to execute right of way contracts, deeds and'all otherrequired documents. BACKGROUND i On August 3, 2009, the City Council approved the cooperative agreement between the City of Petaluma and the.Sonoma County Transportation Authority(SCTA) fors funding'the construction I of the Old Redwood Highway Interchange'Improvement Project. Under that agreement, the City is required=to provide;additional Right of Way (ROW) that is needed for the construction of the proposed improvements. TheMmprovements:forthis City-led project'include-replacing the existing two lane overcrossing (OC) with ao-irmulti-lane facility with•bicycle lanes and pedestrian sidewalks.on both sides. The interchange;ramps will be reconfigured to current design standards and enhanced'with additional g orage, and traffic operations.system improvements at the ramp and local turning lanes vehicle st street intersections. • The proposed action meets City Council Goal: "'Plan for and implement-priority"capital projects • as funding permits".• Agenda Review: 0 City:Attorney Finance Director City Manager • DISCUSSION Caltrans has_requested two slivers oflandbe taken from the City street.nght=of-wayon:Petaluma Boulevard North,and Old Redwood Highway for the construction of this OldRedwood Highway Interchange Improvement Project (see Attachment Right-of-Way'maps'and description). The transfer of land`will,be without compensation as required by.Streets and Highways Code, Section 83, The minor land transfer will not impact the existing City streets, and the interchange project will benefit traffic circulation in':the City. The Old Redwood project is;part of the Caltrans U.S. 101 Central:HOV Lane Widening and Improvements Project-for which,CEQA and NEPA documents were previously certified by Caltrans, the lead agency. Specifically, on June 15, 20101Caltrans-completed a NEPA/CEQA Re-Validation Form which evaluated.the addition of the OldR edwood Highway Interchange project to the U.S. 101 widening-project. The right of way grants from the City do not modify the Old Redwood Highway project, and require no further environmental study: Staff recommends Council authorize the City Manager to execute the_Right of Way Contracts and Quitclaim Deeds attached to the Ordinance collectively as.Exhibit A, or as subsequently modified subject to approval of the City Manager and City Attorney,and all other documents necessary to effect the grants of right-of-way to facilitate construction of the Old Redwood Highway Interchange Improvement Project. FINANCIAL IMPACTS The only cost associated with,this action is the staff time to prepare-the associated agenda reports and handle the paperwork involving:transfer of ownership documents. All filing fees, title reports, etc are managed and paid for by Caltrans. Costs are estimated to be under $1000.00 and are;included in the Old Redwood ProjectCIP account. ATTACHMENTS 1. Ordinance 2. Exhibit A - Right of way contracts, quitclaim deeds and rights-of-way description 2 • Attachment 1 •ORDINANCE NO N.0 S. APPROVING THE GRANT OF CITY-OWNED RIGHT'OF WAY TO CALTRANS FOR 'THE OLWREDWOOD HIGHWAY INTERCHANGE IMPROVEMENT PROJECT.AND AUTHORIZING CITY MANAGER TO EXECUTE RIGHT OF WAY CONTRACTS, DEEDS AND-ALL OTHER REQUIRED DOCUMENTS WHEREAS, the•City'ofPetaluma ("City" or"Grantor") owns certain land•at.the intersections of Petaluma Boulevard',North and the Old,Redwood Highway interchange,and at North McDowell Boulevard and theOld Redwood.Highway interchange, respectively, in the • City of Petaluma, County of Sonoma, California, as mole completely described in Exhibit A .hereto;and WHEREAS;.California Department of Transportation or CALTRANS ("Caltrans" or ' "Grantee") wishes to acquire from Grantor right-of-way necessary_for the construction, operation and maintenance of the US 101/Old Redwood.Highway Interchange Improvement Project (the "Project"); and WHEREAS; on August 3,.-2009, the City Council approved`a:cooperative agreement between the City and the Sonoma County Transportation-Authority for the construction of the Project; and WHEREAS, copies.ofthe Rightof Way Contracts; Quitclaim Deeds and descriptions of the real property to be granted by;the'City to Caltrans are attached collectively as Exhibit A.to this ordinance and incorporated herein; and WHEREAS, on June 15, 2010, Caltrans completed-a-NEPA/CEQA-Re-Validation Form evaluating the addition of the:Project:to Caltarns' U.S. 101 Central HOV Lane Widening and Improvements Project, and the right of way grants from the City do not Modify-the Old Redwood Highway project as studied therein. NOW, THEREFORE; BE IT ORDAINEDby-the City Council of the City of-Petaluma as follows: Sectional. The above'recitals are true and correct and adoptedvas findings of the'City Council:, Section,2. The City Manager is authorized to execute the Right of Way Contracts and Quitclaim Deeds'attached.to this Ordinance collectively as Exhibit A, including subsequent modifications to said documents,.subject.to,approval of the City Managerand 3 City Attorney; and all other documents necessary to affect the,grants of right-of-way described-therein. Section 3. If any.section, subsection, sentence,'clause, phrase or word of this Ordinance •isfor any reason held to be unconstinitional,'Ilnlavvfilt or otherwise invalid by a court of competent jurisdiction or preempted by'state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby,declares that it world have passed and adopted this Ordnance and each and all provisions thereof irrespective:of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. This Ordinance or asynopsis of it shall be posted and/or published for the period and in the manner`required by City charter. Section 5. This Ordinance shall become effective thirty(30) days after the date of its adoption by the Petalunia.CityCouncil. • • I - 4 • .Attachment2 - Exhibit A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, RIGHT'OF WAY'CONTRACT- STATE HIGHWAY RW:B-3(6/95) . . Dist Co. Rte. P.M. Exp. Auth. 4 Son 101 7:65 0A1859 (04 0002 0652), CITY OF PETALUMA, a Municipal"Corporation Grantor Document No 60993 in the form of a QUITCLAIM DEED, covering the-property particularly described,in the above instrument; has been executedlandd_delivered to Nicholas?Ramos,Right of Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth,it is mutually agreed as follows: I. (A) The parties have herein set forth_the whole of theinagreement: 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 propertydescribed in Document No. 60993 for State highway purposes. 2. The State shall (A) Accepts delivery;of the.property or interest.conveyed by above:referenced. document at no cost when title to said property°vests in the State subject to all liens, encumbrances, assessments, easements and.leii ds,(recofded and/or unrecorded) and,taxes. (B) 'Pay all escrow-and.recordingffees incurred in this-transaction,and, if title insurance is desired by the State, the pteniium charged therefore. • • 3 gr property conveyed by Document No. 60993 consisting of 332 square feet is-being acquired bythetState without compensation:being paid'therefore,under Sections 81-83 of the Streets and Highways Code. • 4. The undersigned Grantor:warrants:that to'the best of its.knowledge that it is the::owner,of the property as • described as parcel number 60993 and that it has the right to.grant:the property rights described. 5. Grantor warrants that the best of:;its'knowledge'that it does:not hold any oral or written leases on all or any portion of the-parcel 60993 exceeding a period of onemonth. RWG 62093.page'I of 2 5 6. It is understood and agreed that parcel 60993 is required to increase theturning radius at the intersection. . of North McDowell Boulevard and.Old Redwood Highwayand',,is,directly'related;;,tothe larger project of widening US Route 101. 7. 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 commenced onianuary 25;'2012. '8. 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 operation under this agreement and State will, at its option, either repair or pay for such damage. 9. If the property being acquired,.is found to be contaminated by the presence:of hazardous waste which requires mitigation under Federal'or State law, the State may elect to recover its clean-up costs from those who,caused or contributed to'contamination. ' 10. This transaction will be handled through an inteinal escrow by tliesState 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. 1 CITY OF PETALUMA Grantor(s) (RECOMMENDED-FOR APPROVAL: By NICHOLAS M RAMOS STATE OF CALIFORNIA Right of Way Agent Department of Transportation Right of Way Acquisition,Services By LAWRENCE HIGH Associate Right of Way Agent Right of Way Acquisition!Services By By ,JASPREET SINGH MARK L.WEAVER District Branch.Chief Deputy District Director Right of Way Acquisition.Services Right of Way and Larid Surveys 'No,Obligatioti Other Than Those Set Forth Herein Will Be Recognized RWCi'62093.page 2 of 2 6 RECORDING REQUESTED BY STATE OF CALIFORNIA WHEN RECORDED—RETURN TO DEPARTMENT. OF- TRANSPORTATION PO. BOX 23440, MS-11,A OAKLAND, CA 94623-0440 Space above:this line for Recorder's Use QUITCL AIM: DECD District County Route - K.P. Number yL (CORRFO RATIOCN)) X04 SON 101 12;31 60993 a corporation organized and existing under and by virtue of the laws of therState of does hereby release and quitclaim to the'Stateiof California without ahy.demand',for monetary or other consideration, all that real property in the City of Petaluma. , County of Sonoma , State.of California,described as: - Please see Exhibit 'A"attached Transfer Tax Not Applicable: R&T Code 11911 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 bythe,State of California. DISTRICT DIRECTOR IR y MARK'L.WEAVER Deputy District Director Right of Way and Land Surveys • 7 Form R W 6-,1Sec 83{I),(R6;ised'.01 f08)- , .. , . '' • . ., • • . . .. , . (NJ , 2 • •-- cs• 0,1 • - . c.., = .ts ..... m 1-u • I.J._ . . 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Z Z a-, Q vl O V Z.�it r,,,_ Y 6Eil o- Y z �. O CO W a � �m glum wNyam UI co y i_ CC (0 J m '' '•''N=a won°. o�cw cry.z.. m m • 0 _p„..�pp a � m of O GC =D U '_.(n '1 CF (fro- I ® ® * cx 0 1,... _... 55._e____ o ,_ 0 mss$ St d �+r� •., o w it e4 Cr M ” O E � 'b. ,,C) % o W N. CO. o o CL.til r'f O M (7�:%�Q, a14 q-.. °1 Nw', n °e,E 10 up .I/ %/4' ID ' a e 9t8' Zt� n �m�e' � 3,OZ £bU , 01N0 ®®®fr p PQ y ---� N vQ3JC 0 7o'0 __In aID t q�p � I �_Z N I fh '_N ` y .F4 w tri 13 m mod' C q ,� mtaital ,..4 O C / U r N O' / 4- O W,Ut. I O C M.OI I C L CI a 0 d: L 4 P I I ' OU !� r VS14SI.t MEN-a • 9 Number 60993 It is understood that the:present intention ofthe State of California'is to construct and maintain a public highway on the lands hereinabove described, and the undersigned hereby waives any claim for^any and all damages to the remaining property of which thetabove-descnbedparcel'is a part by'reason:of the.location, construction, landscaping or maintenance of said highway. Dated this day of , 20 By By [CORPORATE.SEAL] State of California ) ACKNOWLEDGMENT SS County of JJJ On before me, , personally (Here insert name and title of the officer) I 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) THIS IS TO CERTIFY, That the State of California, acting brand through theDepartmentof:Transportation . (pursuant to Government.CodeSection 27281),herebyaccepts for`public purposes:the real property described in the within deed'and consents to the recordation thereof. I IN WITNESS WHEREOF,.I have hereunto set my hand this . day of - , 20_ MALCOLM DOUGHERTY,Acting Director of Transportation By MARKL.;WEAVER,Attorney in Fact Deputy,District Director Right of Way and Land Surveys t Form:RW,6-1„Se83(I)(Revised 01/08) Sec STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION :. RIGHT OF WAY-CONTRACT -,STATE+HIGHWAY RW.B-3(6/95) - . . . Dist. Co:, 'Rte: P.M. Exp •Auth. 4 Son 101 7.65 0A1859 (04 0002 0652) • CITY OF PETALUMA, a Municipal Corporation Grantor Document No..62669 in the form of ar_QUITCLAIM DEED, coverih the property:particularly described in the above:instrument,'has been executed and delivered to Nicholas Ramos, 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: I. (A) The;parties have herein set forth the.'whole of their agreement. Theperformance 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 No.:62669 for State highway purposes: 2. The State shall (A) Accept delivery Of the property or interest conveyed by above:referenced document at no cost 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 therefore. 3. It is agreed thatthe property conveyed by'Document'No. 62669;consisting-of 179 sf is being acquired by the State without compensation being paid therefore; under Sections 81-83 of the,Streets.and Highways Code. 4. The undersigned Grantor warrants that to the best,of is knowledge Math is the owner of the property as described"as parcel.number 62669 and thafit has the light togrant the property rights described. 5. Grantor warrants thattto the best of its knowledge that it does not=hold any oral or written leases on all or any portion of;the,parcel±62669:exceeding a period of one month. 'RWC'62093`page 1 of 2: 11 • • 6. It is understood and agreed-that parcel 62669 is requited to'rework appurtenant drainage facilities related to the larger project of widening US`Route-101. 7. It is agreed and confirmed by the parties hereto that notwithstanding other provi§ions 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 commenced on January.25,:2012, 8. 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 operation under this agreement and State will,at its option, either repair or pay for such damage. 9. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the State may elect to recover its clean-up costs from those who caused or contributed to contamination. 10. 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. CITY OF PETALUMA Grantor(s) RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA By NICHOLAS M. RAMOS Department of Transportation Right of Way Agent Right of Way Acquisition Services By LAWRENCE O. HIGH Associate Right of Way Agent Right of Way Acquisition Services By By JASPREET SINGH MARK L. WEAVER District Branch Chief Deputy District Director Right of Way Acquisition Services Right of Way and Land Surveys No Obligation Other-Than Those Set Forth Herein Will Be Recognized RWC 62093 page 2 of 2 12 RECORDING REQUESTEDBY' STATE OF CALIFORNIA WHEN`RECORDED —RETURN'TO • DEPARTMENT OF TRANSPORTATION PO BOX 23440, MS-11A OAKLAND, CA 946623 70440 Space above this line for Recorder's Use QUITCLAIM DEED District County Route tCP. Number • (CORPORATION) oa SON 101 12.31 62669 • a corporation organized and existing under and by virtue of the laws of the'State of I does hereby release and quitclaim to the State=of California without any demand for monetary or other consideration, all that real property in the City of Petaluma , County of Sonoma StateoflCalifornia, described as: Please see Exhibit 'A" attached Transfer Tax.Not Applicable: R&T Code 11911 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 By MARK L.WEAVER. Deputy District.Director , Right of Way and.Land Surveys 13 Form kW 6-1`Sec83(I)'{Revised 01/08) . ' • . . . . • . . . . - . - ... , - VJ es- ,.., . . , Z 7 z 4/6 \ ,...._. 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O.;CC 'T " " a A VS1 `Sl°16£0 1-1/ 15 • Number 62669 It is understood thatthe!preserit;int_ention of+the State',of California is.to constructand maintain.a public highway on.the:llands hereinabove:described, and the undersigned hereby waives any claim for+any and all,:damages to the • remaining propertyotwhich the above-descr]bedipardelsis,:a part, by reasonof.thedbcatien, construction, landscaping or maintenance of said:.highway. Dated this . day of • , 20 . By By [CORPORATE.SEAL] State of California ACKNOWLEDGMENT SS County of JJ) On before me, , personally (Here insert name and title of the officer) jappeared ,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/tier/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 theperson(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California.that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature '(Seal) THIS IS TO CERTIFY, That the State,of California, acting by and through the,Department of Transportation (pursuant to Government Code Section;27281),hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 MALCOLM DOUGHERTY;Acting Director of Transportation By MARK L.WEAVER,Attorney In Fact Deputy District Director • Right of Way and Land Surveys • Farm RW rr1 Sec 83'.(I)(Revised 01)08) 16 • ■