HomeMy WebLinkAbout8699RESOLUTION NO. 8699
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING RIGHT OF WAY CONTRACTS FOR TEMPORARY CONSTRUCTION
EASEMENTS AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE CONTRACTS
WHEREAS, State Route 38 has been declared to be a highway by resolution of the
California Highway Commission; and
WHEREAS, Caltrans and the City have previously entered into various agreements
regarding the portion of State Route 38 running through the City; and
WHEREAS, it is the mutual desire of Caltrans and the City to enter into new Right of Way
Contracts in accordance with the proposed and any upcoming State project; and
WHEREAS, this action is not subject to the California Environmental Quality Act (CEQA)
because it is not a "Project" as defined by CEQA and therefore not subject to CEQA pursuant to
section 15060(c)(3). As defined in Section 15378(a), a "Project' means the whole of an action,
which has a potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. The requested action is to
adopt a Resolution approving a Right of Way Contracts with the California Department of
Transportation and authorizing the City Manager, or his designee, to execute the contracts on
behalf of the City, actions which will have no material impact on the environment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS as follows:
Section 1. Approves Right Of Way contracts — State Highway — Temporary Easements
between Caltrans and the City for State Route 38; and
Section 2. Appoints the City Manager of the City of Redlands, or his designee, as agent
to execute and submit aforementioned Right Of Way Contracts.
ADOPTED, SIGNED AND APPROVED this 1st day of July, 2025.
Mario Saucedo, Mayor
ATTEST:
e Donaldson, City Clerk
L\ResolutionMes 8600-8699\8699 Approving Right of Way Signing Authority City Manager.docx-ms
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof, held on the I" day
of July 2025, by the following vote:
AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES: None
ABSTAIN: None
ABSENT: None
J e Donaldson, City Clerk
2
I \Resolutions\Res 8600-8699\8699 Approving Right of Way Signing Authority City Manager.doex-nas
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF OCCUPANCY AND RECEIPT
OF RELOCATION INFORMATION
DOT RW 10-25 (REV 09/2023)
PERSONAL INFORMATION NOTICE
This form requests personal information. Disclosure of this information is voluntary. The principal purpose of the request for personal Information is to facilitate
IsProcessing this form. Failure to provide all or any part of the requested information may delay processing of this form. The California Department of Transportation
"committed to the privacy of your personal information. Our policies regarding personal information collected and managed by our department are governed by
law, including the Information Practices Act of 1977 (Civil Code Section 1798 and following),
DIST CO RTE KIP (P.M.) - EXP AUTH
08 SBD 038 11.8 1K860
AR PARCEL NO. FEDERAL PROJECT NO.
25960 25960-1 N/A
To Relocation Advisor:
• I have received the Department of Transportation's Relocation
Information Brochure, Information Letter and Postcard.
• I will file my claim for any benefits due mein accordance with the
instructions as set forth in the Brochure.
I certify that the following information is true to the best of my
knowledge.
Number of Occupants
No person displaced.
I (We) first occupied the property (to be)
acquired by the State on:
OCCUPANT'S NAME SIGNATt� OWN
THE CITY OF REDLANDS, A MUNICIPAL CORPORATION //
ADDRESS DATKJ
SW c/o Mentone Blvd and Agate Avenue
Mentone, CA 92359
APN: 0298-181-08
I have personally verified the above occupancy and I certify possession of:
Bedroom(s)
Living room
Dining room
Den
Kitchen
Service porch
Garage
Other
Total room count
Date of State's first offer to acquire this property:
06/1912024
❑ Non residential
❑ No personal property to be moved
❑ Personal property only;
furniture owned by
❑ Tenant [Frowner.
Right of Way Agent
ADA Notice This document Is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284,
TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at Forms.Management.Unit@dot.ca.gov.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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
County V_1ofl✓tP.�Y�Gv�(�y`U l
On U `� ,�Q a-� before me, 1 Yv�y 1nti P/� lea 7VC
Date Here 1n6brt Nam on8l Title of the Office
personally appeared ��;i4y/1�C-L n _ 1 V +[±►y,� A
Name(s) of Signer(s)
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.
*my
JIMMY NGUYEN
Notary Public • California
San Bernardino County
Commission H 2437352
Comm. Expires Feb 6, 2027
Place Notary Seal and/or Stomp Above
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.
Sig
OPTION
of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Titie(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
El Other:
Signer is Representing: Signer is Representing:
C2019 National Notary Association
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY -TEMPORARY EASEMENT
RW 8-4 (Rev. 6/95)
REDLANDS , California
5/16/2025
Date
THE CITY OF REDLANDS, A MUNICIPAL CORPORATION
Grantor(s)
R/W
DISTRICT
COUNTY
ROUTE
POST MILE
E.A/PRCJ.
08
SBD
038
11.8
1 K860 /
0819000129
THIS DOCUMENT NO., 25960-1 in the form of a TEMPORARY EASEMENT, covering the property
particularly described in Clause 3 below has been executed and delivered to Owen Ramsey,
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:
1. Inconsideration 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 (APN 0298-181-08) described in Document No. 25960.1 for
State highway purposes, a public use for which Grantee has the authority to exercise the
power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to
acquire the property.
(C) Both Grantor(s) 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.
(D)The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal
Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This
requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-
Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of
1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
Further, no person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity that is the subject of this
contract.
2. The State shall pay the undersigned grontor(s) the sum of $1,000.00 for this Temporary
Easement.
RIGHT OF WAY CONTRACT - S TATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6/95)
3. Permission is hereby granted to the State or its authorized agent to enter upon Grantor's
land where necessary within that certain area delineated in color and identified as Parcel
25960-1 on the map marked Exhibit "A" attached hereto and made a part hereof, for the
purpose of allowing contractors sufficient working area in and around the ADA curb ramp
including the right to remove and dispose of improvement(s).
4. It is understood and agreed that included in the amount payable in Clause 2 above is
compensation in full for the actual possession and use of the Temporary Construction
Easement for a period of 27 months. Said period to commence on 11/03/2025 and
terminate on 02/03/2028 At least 48 (forty-eight) hours advance written notice will be given
before any entry on Grantor's property.
5. The undersigned Grantor(s) warrants(s) that they are the owner(s) in fee simple of the
property affected by this Temporary Easement as described in Clause 3 above and have
the exclusive right to grant this Temporary Easement. Furthermore, Grantor(s) agree(s) to
indemnify the State against all adverse claims, and to pay all of the State's legal fees and
all other expenses resulting from the undersigned knowingly and falsely claiming ownership
of the property referred to in this document.
This easement may also be terminated prior to the above date by the Grantee upon
written notice to the Grantor.
Written notification shall be given to the Grantor at:
THE CITY OF REDLANDS, A MUNICIPAL CORPORATION
P.O. BOX 3005
REDLANDS CA 92373
It is understood and agreed that in the event the Grantor(s) plan to sell, lease, or rent the
Grantor's property prior to the earlier of the completion of the project or the final expiration
date of this temporary easement, the Grantor(s) shall inform, in writing, any and all parties
involved in said sale, lease, or rental, of this temporary easement and associated
construction project by the State.
8. State agrees to indemnify and hold harmless the Grantor(s) 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.
All work done under this agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in a
good and workmanlike manner. All structures, improvements or other facilities, when
removed, and relocated, or reconstructed by the State, shall be left in as good condition
as found.
10. It is understood and agreed by and between the parties hereto that this Agreement inures
to the benefit of, and is binding on, the parties, their respective heirs, personal
representatives, successors, and or assigns.
2
RIGHT OF WAY CONTRACT -STATE HIGHWAY (Cont.)
RW 8-4 (Rev. 6195)
11. The grantors(s) agrees that no improvements, other than those already on the property,
shall be placed thereof; and planting of any crops, trees, or shrubs, or alterations, repairs or
additions to existing improvements which may hereafter be placed in said area are at
grantor's risk and without expectation of payment if removed by the State.
12. This transaction will be handled through an internal escrow by the California Department of
Transportation, 464 W. 4th Street, San Bernardino, CA, 92401.
13. In the event this information changes or the property transfers, the owner shall notify the
State in writing of such occurrence at:
STATE OF CALFORNIA
CALIFORNIA DEPARTMENT OF TRANSPORTATION
464 W. 4thStreet, 91h Floor, MS-950
San Bernardino, CA 92401-1400.
Attn: Owen Ramsev
Office of Right of Way
(909)371-9608
3
RIGHT OF WAY CONTRACT -STATE HIGFIWAY {Coat.)
RW 8-4 (Rev. 6/95)
In Witness Whereof, the parties have executed this agreement the day and year first above
written.
RECOMMENDED FOR APPROVAL:
By:
Owen Ramsey
Right of Way Agent
District 8
THE CITY OF REDL NDS, A MUNICIPAL CORPORATION
Bymbv
Na anice McConnell
Title: Assistant City Manager
gy N/A
Name:
Title:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
APPROVED BY:
By:
Anthony Rizzi
Senior Right of Way Agent
District 8
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
4
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
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
County of : +n J1 t
On ��t,,l r o2 S before me, c ] yylmst)zan
Date 1 He Insert ame and Title of the O icer
personally appeared c Q,o4nL fL -
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.
! certify under PENALTY OF PERJURY under the
*my
JIMMY NGUYEN laws of the State of California that the foregoing
Notary Public - California paragraph is true and correct.
San Bernardino County
Commission # 2437352
Comm. Expires Feb 6, 2027 WITNESS my hand and official seal.
Sign ure
Place Notary Seal and/or Stomp Above nature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02019.Notary.
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: