HomeMy WebLinkAboutState of California High Speed Rail Authority - Right of Way AgreementØ tâ,t5"k1,ì,1â,,o
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CITY OF FRESNO RIGHT oF WAY AGREEMENT
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THIS AGREEMENT, made and entered into and is effective the date last written below, by and between
the State of Califomia, acting by and through the State Public Works Board ("PWB") with the consent of the
California High-Speed Rail Authority (the "AUTHORITY"), the AUIIORITY, and the City of Fresno, a Califomia
Municipal Corporation, whose principal mailing address for purposes of this Agreement is 2600 Fresno Street, 4ft
Floor, Fresno, CA93721, (the "CITY"). The CITY, PWB and AUTHORITY are hereinafter collectively referred to
as the PARTIES.
RECITALS
WIIEREAS, the AUTHORITY is currently engaged in a program that has various projects under current
provisions of section 2704.04 of the Streets and Highway Code ("S&H Code") and sections 1 85030 and 1 855 1 1 of
the Public Utilities Code throughout the State of California identihed as the California High-Speed Rail Project
("PROJECT");and
\ryHEREAS, the AUTHORITY requires certain RIGHT-OF-WAY OF CITY for state high-speed rail
system purposes, and for public use in accordance with Public Utilities Code sections 185000, et seq., and PWB is
authorized to acquire the property in accordance with Government Code section 15853. The PROJECT will
require the RELOCATION, construction, or removal of certain RIGHT-OF-WAY OF CITY; and
WHEREAS, the AUTHORITY is authorized to transfer property pursuant to Public Utilities Code Section
185040 et seq.,and
WHEREAS, the .{LTIHORITY is responsible for the relocation of CITY'S FACILITIES (including
roads) and UTILITIES that are in conflict with the design or construction of the PROJECT, including the execution
and funding of any required RELOCATION; and
WHEREAS, the AUTHORITY and CITY have also entered into a Utility Relocation Cooperative
Agreement (HSR 14-35) (.'UTILITY AGREEMENT") and various other agreements to facilitate and cooperate in
the construction of the PROJECT within CITY; and
WHEREAS, the PARTIES desire to enter into an agreement which establishes the contractual terms and
conditions applicable to the transfer of property among the PARTIES due to the PROJECT.
ACCORDINGLY, the PARTIES hereby agree as follows:
1. Capitalized terms used but not identified in this AGREEMENT shall have the definitions set forth in
the FACILITY RELOCATION COOPERATIVE AGREEMENT entered into by and between the CITY and
AUTHORITY ("FACILITY AGREEMENT"). All attachments referenced in this AGREEMENT are
incorporated herein by such reference. All FACILITY WORK shall be performed in accordance with the
requirements of the FACILITY AGREEMENT, and in the event of any inconsistency between the provisions of
this AGREEMENT and the FACILITY AGREEMENT, the provisions of the FACILITY AGREEMENT shail
prevail. All UTILITY WORK shall be performed in accordance with the requirements of the UTILITY
AGREEMENT, and in the event of any inconsistency between the provisions of this AGREEMENT and the
UTILITY AGREEMENT, the provisions of the UTILITY AGREEMENT shall prevail.
2. By this AGREEMENT, the PARTIES agree and consent to the following transfer of right-of-way at
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CTTy oT F.RESNO RIGHT oFWAYAGREEMENT Page 2 of5
no cost to any PARTY for the value of the property:
a. Exhibit A (Existing Fee). identifred in pink. Existing RIGHT-OF-V/AY OF CITY owned
in fee to be conveyed to PWB that has been determined is necessary for AUTHORITY to
construct the PROJECT.
Existing RIGHT-OF-WAY OF CITY owned in fee to be conveyed to PWB that has been
determined is necessary for AUTHORITY to construct the PROJECT that CITY reserves
an easement for Street rights.
Exhibit A (Replacement Fee ROW). identifred in green. Replacement right-of-way to be
acquired by PWB and conveyed to CITY from AUTHORITY in fee for relocated CITY
roads, alleys, or other related FACILITIES.
border. Replacement rightof-way to be acquired by PWB and conveyed to CITY from
AUTHORITY as an easement for street rights only for relocated CITY roads, alleys, or
other related facilities.
e. Superseded
existing RIGHT-OF-WAY OF CITY to be conveyed to PWB that would be required by
AUTHORITY to mitigate damages to adjacent properties impacted by the PROJECT.
f. Superseded
existing RIGHT-OF-WAY OF CITY that would not be needed for the PROJECT and
will be vacated or disposed of by the CITY.
g. Exhibit A (Existing Cit)¡ Owned Easement). identified in oranse. Existing RIGHT-OF-
WAY OF CITY owned in easement required by the PROJECT that will be
abandoned/vacaled by the CITY upon request of the AUTHORITY only after PWT|'S
acquisition of the underlying fee.
It is understood between the PARTIES that Exhibit A does not depict the legal description of all RIGHTS-OF-
WAY covered by this AGREEMENT. The AUTHORITY shall provide legal descriptions and surveys in a
format acceptable to the City and the County of Fresno for recordation purposes prior to requesting CITY'S
acceptance of work. Exhibit A may be updated without an amendment to this AGREEMENT at no cost and as
agreed upon by the PARTIES in writing Any updated Exhibit A shall be dated and executed by the DIRECTOR
on behalf of the CITY, as delegated by the City Council, and the Director of Real Property of the AUTHORITY
on behalf of the AUTHORITY, as authorized in conformance with the PWB site selections for this Agreement at
the August l7 ,2015 and September 17,2015 PWB meetings, or another duly authorized PWB meeting. Updates
to Exhibit A shall be at no cost to any PARTY.
It is understood between the PARTIES that Exhibit A does not depict existing or replacement RIGHT-OF-WAY's
for CITY UTILITIES. The AUTHORITY shall, provide suitable replacement right-of-way for all CITY
UTILITIES as provided in the UTILTY AGREEMENT.
b.
d.
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CTTy OT FRESNORIGHT OFWAY AGREEMENT Page 3 of5
3. The PARTIES agree that property acquired by the PWB that is not necessary for the PROJECT or for
CITY'S use, shall not be transferred to the CITY.
4. It is understood among the PARTIES that the right-of-way may be required in sections or units, and that
both as to the acquisition of right-of-way and the construction of the PROJECT, the obligations of AUTHORITY
hereunder shall be carried out at such time and for such unit or units of the PROJECT as funds are budgeted and
made lawfully available for such expenditures.
5. CITY hereby grants AUTHORITY an immediate right of possession ("RP") and use of the existing
RIGHT-OF-WAY OF CITY shown on Exhibit A for the purpose of constructing PROJECT. Said RP does not
relieve AUTHORITY of its obligations to provide suitable replacement right-of-way and FACILITIES; or that
any closure, removal or restriction of CITY streets by AUTHORITY will be performed in accordance with the
applicable UTILITY or FACILITY AGREEMENT.
6. AUTHORITY, at no expense to CITY, agrees to acquire all rights-of-ìvay as may be required for
construction, reconstruction, or alteration of CITY'S FACILITIES and UTILITIES. See Exhibit A (Replacement
ROW).
7. Notwithstanding anlhing to the contrary to Section 2 of this AGREEMENT, AUTHORITY shall
reimburse CITY for CITY costs for property transfers and related tasks required by this AGREEMENT.
Reimbursement shall be provided pursuant to HSR ll-29; AUTHORITY shall amend HSR 1l-29 to cover the
reimbursements occasioned by this AGREEMENT bV (1) expanding its budget and scope and/or (2) extending its
expiration date, as necessary.
8. Existing RIGHT-OF-WAY OF CITY required for construction of the PROJECT and shown on
Exhibit A (Existing Fee) will be conveyed from CITY to PWB by deed or other instrument in recordable form as
allowed by law. With regard to existing RIGHT-OF-WAY OF CITY required for construction of the PROJECT
and shown on Exhibit A (Existing City Owned Easement), CITY will commence vacation/abandonment
proceedings for such interests as requested by AUTHORITY following PWB'S acquisition of the underlying fee.
The AUTHORITY shall provide legal descriptions and surveys in a format acceptable to the City and the Fresno
County Recorder's Office for the vacation/abandonment proceedings, as required by the Public Streets,
Highways, and Service Easements Vacation Law, Streets and Highways Code sections 8300 et seq.
9. Replacement CITY street right-of-way acquired by PWB and shown on Exhibit A (Replacement
ROW) shall be conveyed from AUTHORITY to CITY in a format acceptable to the City and the County of
Fresno for recordation purposes and subject to no liens or encumbrances that would prevent the use of the
property for public street purposes.
10. Superseded existing RIGHT-OF-WAY OF CITY not required for construction of the PROJECT but
required by AUTHORITY to mitigate damages to adjacent properties being affected by the PROJECT and shown
on Exhibit A (Superseded Existing ROW to Mitigate) shall, if owned in fee, be conveyed from CITY to PWB,
subject to all existing encumbrances; if however CITY'S right-of-way is owned in easement the CITY will
coÍrmence abandonment/vacation proceedings for such interests as requested by AUTHORITY following PWB's
acquisition of the underlying fee. The AUTHORITY shall provide legal descriptions and surveys in a format
acceptable to the City and the Fresno County Recorder's Office for the vacation/abandonment proceedings, as
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CITY oF FRESNO RIGHT OF WAY AGREEMENT Page 4 of 5
required by the Public Streets, Highways, and Service Easements Vacation Law, Streets and Highways Code
sections 8300 et seq.
1 1. CITY will accept control and maintenance over each of the relocated or reconstructed CITY
UTILITIES and FACILITIES consistent with the UTILITY AGREEMENT, the FACILITY AGREEMENT, and
the OPERATION AND MAINTENANCE AGREEMENT. CITY'S acceptance of such work shall be subject to
CITY'S rights to inspect and accept work under the UTILITY AGREEMENT and the FACILITY AGREEMENT
(Section 6), operative upon receipt of written notice to the CITY from AUTHORITY that the work thereon has
been completed, except for any portion which is adopted by the AUTHORITY as part of the PROJECT.
12. The terms and conditions of this AGREEMENT may not be modified except with the mutual consent
of the PARTIES in writing. Nevertheless, Exhibit A may also be modified in accordance with Section 2 of this
AGREEMENT.
13. Transfer as specified in Sections 8 and 9 above shall be completed upon completion of construction
on, and the acceptance of, the affected CITY UTILITY or FACILITY.
14. Conveyance of superseded RIGHT-OF-WAY OF CITY as described in Section 10 above will be
completed during construction of the PROJECT and at the time of request by AUTHORITY.
15. CITY shall commence and administer any street vacation/abandonment proceedings of RIGHT-OF-
WAY OF CITY under this AGREEMENT.
16. The PARTIES have herein set forth the whole of their agreement. To the extent not otherwise agteed
to in writing, the performance of this AGREEMENT constitutes the entire consideration for the subject matter of
this Agreement; City's acceptance of work as set forth in the UTILITY AGREEMENT and the FACILITY
AGREEMENT shall relieve AUTHORITY of all further obligation on this account. Notwithstanding anything to
the contrary, the PARTIES are not waiving any remedies that may be available under any other agreement
between the PARTIES.
17. Once the AUTHORITY has been granted possession and use of the property pursuant to Section 5,
AUTHORITY is entitled to undertake, at AUTHORITY'S sole expense, an inspection of the CITY'S
FACILITIES; a review of the physical condition of the CITY'S FACILITIES, including but not limited to,
inspection and examination of soils, environmental factors, hazardous substances, biological resources,
archaeological information and water resources, if any, relating to the CITY'S FACILITIES; and a review and
investigation of the effect of zorrjng, maps, permits, reports, engineering dafa, regalations, ordinances and laws
affecting the CITY'S FACILITIES, if any. AUTHORITY shall provide CITY copies of all inspection and/or
examination reports obtained by the AUTHORITY pursuant to this Paragraph. Such reports shall be provided
immediately upon AUTHORITY'S receipt of the same.
18. Notwithstanding other provisions in this AGREEMENT, AUTHORITY'S RP and use of the property
including the right to remove and dispose of improvements commenced in accordance with the terms of Section
5.
(Signature Page tr'ollows)
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CITY oF FRESNO TÙGHT OF WAY AGREEMENT Page 5 of5
CONTRACT _ SIGNATT]RE SHEBT
In WITNESS WHEREOF, the PARTIES have executed this AGREEMENT,
CITY OF FRESNO
Approved as to form:
ATTEST:^' '-WbNNE sPENcE, ci/ß
, CITY
BV
Date: â'lÐ'll
STATE OF CALIFORNIA
State Public Works Board
By:
Department of General Services
Michael P. Butler, Assistant Branch Chief
Real Property Services Section
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Scott Mozier, Public Works
Singh Deputy City Attorney
Sally Lukenbill,
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CALIFORNIA
High-Speed Roil Authority
October 6,2015
Mr. David Cisneros
Mr. CarlKarsabian
City of Fresno
Public Works Department
2600 Fresno Street, 4th Floor
Fresno, CA9372l
Dear David,
RE: City of Fresno Right of Way Agreement
On behalf of the Authority, I want to thank you for
executed Right of Way Transfer Agreement.
your attention and coordination for this
Please find enclosed two copies of the fully executed Right of Way Agreement and State public
Works Board Notice of Meeting which delineates the 19 properties full or in part for your
records.
Please don't hesitate to contact me with any questions.
Most Sincerely,
Alan P. Glen
Director of Real Property
California High-Speed Rail Authority
Email:
Phone: (916) 330-5668
Attachment(s)
cc. Don Grebe
cc. Robert Rosas, Jr.
cc. Jeff Mathews
BOARD MEMBERS
Dan Richard
( HAiR
Ihomas Richards
VICÈ CHAJR
ïhea Selby
VICE CHAIP
[ou (orrea
Daniel Curtin
Michael Rossi
[ynn S<henk
Jeff Morales
CHiEF EXE.UfIvE OFFIi:EIì
EDIII-ll,lD G BltO!VN rR
.]OVEFNDfì
770 L Street, Suite 1160, Sacramento, CA 95814 . T: (916) 324-1541 . F: (9'16) 322-OB2T. www.hsr.ca.gov
trIRN IA siTATEVÊA.LIFPLIElLItr WE t<5 EIEA EEMUND G, ElRowN ,ln, ' Govec¡{on
FLoER I SAERAMENTE cA I 95EÌ 14-37Ã6 ¡ (9 r ê) 445-969491 5 L =¡TREET I NINTH
NOTICE OF MEETING
STATE PUBLIC WORKS BOARD
Tuesday, Ptember 1,2016 at 2:00 P.m.
Room 587, State Treasurer's Office
915 CaPitol [lall
Sacramento, Galifornia 9581 4
AGENDA
I.
II.
Roll Call
Action ltems Page 02
pursuant to section 1 1 125 of ihe Government code, not¡ce of all Board meetings wiìl be given at least ten days ìn advance and such
notice must include a copy of ine agenda Memberi of the Public may address the Board prior to it taking action on any matter in
the agenda
This not¡ce and the Board agenda for the current month are ava¡lable on the lnternet at: htto,//wvwv.sowb.ca.gov.
lndiv¡duals who need disability-relaied accommodation, including auxiliary a'p9 for effective participatio
invited to make their requestê and preferences known to Aurelia Bethea at (916) 445-9694 or e-mail to
fìve days prior to the meeting
ACTION ITEM_1
HrGH SPEED RA¡L AUTt-tOR¡Tt' (2665)
¡N¡TIAL OPERATING SEGMENT, SECTION 1
FRESNO AND KINGS COUNTIES
Authority:Chapter 152, Statutes of 2012, ltem 2665-306-0890 (1)
Chapter 152, Statutes of 2012, ltem 2665306-6043 (1)
Ghapter 25, Statutes af 2A14, ltem 266Ë306-3228 i1)
Consider authorizing site selection of 19 properties ln f¡.¡ll or ln part.
Exhibit A of Action ltem I
City of Fresno
High Speed Rail Authority
Parcel Number Property Description
FB-10-062s APN 458-240-027
FB-L0-9012 and FB-10-0800 N. H Street, just south of intersection of E Belmont
Ave., between APNs 458-24A-A2T and 459-023-55
FB-1_0-0855 Within HSTS at Divisadero Street, between
APNs 458-250-37 and 465-020-235
FB-L0-0847 Within HSTS at Fresno Street, adjacent to
^n^¡ ,a? ^a^ 4anr !l ¿+o 1 -ulu--L,
FB-10-0783 Within HSTS at Los Angeles Street, adjacent to
APN 467-020-47
FB-L0-0784 Within HSTS at E. California Ave., between
APNs 478-1-0L-04 and 46V-A20-47
FB-10-0785 Within HSTS at S. Cherry Ave., hetween
APNs 478-L01--04 and 478-LA2-2Or
FB-L0-0786, FB-L0-0787
FB-1_0-0788, FB-L0-0789
FB-10-0790, FB-10-079L
and FB-L0-0799
S. Railroad Ave. from E. California Ave, to E. Jensen
Ave. and including S. Railroad Ave. intersections with
E. Lorena Ave", E. Florence Ave., E. Belgravia Ave,
E. Church Ave., and S. East Ave., and the intersection
between E. Florence Ave. and S. Sarah Street.
FB-10-0809 Within HSTS at E. Jensen Ave., just south 5. Railroad
Ave. and adjacent to APN 479-A72-28
FB-1.0-O7 92 a nd FB-10-9038 Within HSTS at S. Orange Ave., between
AFNs 487-050-75 and 487-100-325
FB-L0-0851 Withiri HSTS, portion of S. Railroad Ave., South of E.
Jensen Ave., and east of APN 487-050-70
SPVI/B September 1 , 2015 Agenda 'wiih Analysis
2
Exhibit A of Action ltem I Continued
High Speed Rail
Authority Parcel Number Property Description
FB-10-9039
Within HSTS at Golden State Blvd', between
APN 487-100-37 and 487-140-395
FB-L0-0793
Within HSTS at E. Hardy Ave., between
APN 487-1-80-09 and 487-180-13
FB-10-08L0, FB-10-9040,
and FB-10-904L
Within HSTS at E. North Ave., Adjacent to
APN 487-1-80-05
FB-10-0852
Within HSTS at E. Muscat Ave, between
APNs 330-050-465 and 330-021--21S
FB-10-O794
Within HSTS at E. CentralAve,, between
APNs 330-03L-705 and 330-021-115
FB-10-0795
Within HSTS at northerly half of E. Maiaga Ave,
adjacent to APN 330-031-07S
Other Parcels, Fresno and Kings Counties
MF-10-0063 APN 508-110-445
tB-L6-0274 APN 016-1-30-054
SP\ /B September 1 , 2015 Agenda with Analys¡s
3
STAFF ANALYSIS ITEM-I
High Speed Rail Authority
lnitial Operating Segment, Section 1
Fresno and Kings Counties
lf approved, the requested action would authorize site selection of 19 properties in full or
in part.
This project is within scope. The initiai Operating Segment, Section 1 (lOS-1) is expected to
be approximately 120 miles starting near Madera (north of Fresno) and extending southward
almost to Bakersfield. This initial section includes the realignment of Highway gg in Fresno, and
the construction of dozens of grade separations, and multiple bridges and viaducts. The IOS-1,
also referred to as the First Construction Segment, is the first eonstruction phase of the
High Speed Train System (HSTS). The HSTS consists of Phase 1, which would provide S20
miles of the HSTS extending from San Franciseo to Los AngelesiAnaheim, and Phase 2, which
wou¡ld extend the system to Sacramento and San Diego.
This pro.lect is within cost. Chapter 152, Statutes of 2012, appropriated gb.g50 biilion
($2.609 billion High Speed Passenger Train Fund and $.3.241 blllion federal funds) and
Chapter 25, Statutes of 2014 provided an additional $191.4 rnillion Greenhouse Gas Reduction
Fund for acquisition of approximately 1,300 parcels and the eonstruction of the 12O-mile IOS-1
To date, the Board has site-selected approximately 1,300 parcels cornprising approximately 120
miles from Madera to Shafter. This total does not refleet properties associated with
Right-oÍ-Way transfer agreements with local government.
Site selection forthe 19 properties listed in ExhibitA of this item includes 17 properties in the
City of Fresno that are existing city-owned roadways necessary for the HSTS right-of-way. ln
exchange for these roadways, many of the parcels previously site selected will be used for the
clevelopment of new roads that a) replace existing roads within the aiignrnent and b) provide
grade separations to ensure that both pedestrians and vehicles can safely cross the HSTS. The
remaining two propertÍes reflect exeess land associated with parcels that are needed for the
HSTS.
For these properties, the CEQA and NEPA process was completed in either 2012 (f\/lerced to
Fresno segment) ar 2014 (Fresno to Bakersfield segnrent). Gonsistent with corridor based
projects, minimal real estate due diligence has occurred to date as the alignment determines
which propefiies must be acquired and any abatement or title issues will be resolved during or
shortly after acquisition.
Staff Reaorm¡me¡rdation: Authorize site selectio¡r of {9 propedües in ful! on !n Bart.
SPWB Septembe¡ 1 , 2015 Agenda with Analysis
4
AGTION ITEM-2
r-ilGH SPEED RA¡L AUTHORITY (2665)
INITIAL OPERATING SEGMENT, SECTION 1
MADERA AND FRESNO COUNTIES
Authority: chapter 152, Statutes of 2012, ltem 2665-306-0890 (1)
Chaìpter 152, Sfafufes of 2012, ltem 266Ú306-6043 (1)
Chaipter 25, Statutes of 2014, I >m 2665-306-3228 (1)
Consider approving Right-of-Way Transfer Agreements with the Gounties of Madera and
Fresno, and with the GitY of Fresno"
STAFF ANALYSIS ITEM-2
High SPeed Rail AuthoritY
lnitial Operating Segment, Section 1
ttÍadera and Fresno Counties
Action Resuested
[f approved, the requested action would approve Right-of-Way Transfer Agreements
witn ifre Counties of Madera and Fres¡ro, and with the City of Fresno'
T ithin scope" The lnitial 1 (lOS-1) is
b 120 miles starting near extending s
a ield. This initial sêction thway 99 in d
the construction of dozens of grade separations nd viaducts'
'
also referred to as the First Cınstruction Segment, is the first construction phase of the
ff ¡gh SpeeO Train System (HSTS). The HSTS consists of Phase 1, which would provide 520
miãs of the HSTS extending from San Francisco to Los Angeles/Anaheim, and Phase 2, which
would extend the system to Sacramento and San Diego
The three Right-of-way Transfer Agreements that are the subject of this action are necessary to
formalize thJexehange of parcels fır development of the HSTS rail alignment and adapt the
local road network toitne project, These agreements establish a procedure for the Authority
and the local agencies to effióienily complete these tasks within the context of the design-build
projeet, subjecito property Acquisition Law, The approval of these agreements would also
aut"horize a
"State puOi¡c lVorks'Board (PWB) Dt puty Director to execute minor, non-substantive
changes to the agreements, including Exhibit A of each agreement, if required.
SP\Â/B Sepiernber 1,2015 Agenda with Analys¡s
J
Fundinq and Cost Verification
This project is within cost. chaprer 152, statutes of 2012, appropríated $s.gso biltion
($2.609 billion High Speed Passenger Train Fund and $3.241 billion federat funds) and
Chapter 25, Statutes of 2014 provided an additional $191.4 millíon Greenhouse Gas Reduction
Fund for acquisition of approximately 1 ,300 parcels and the construction of the 12o-mile IOS-1 .
CEQA
The parcels subject to this Easement Acquisition Agreement are within either the Merced to
Fresno or Fresno to Bakersfield desígn segment. For these two design segments, the CEqA
and NEPA processes were completed in 2012 and 2014, respectively.
Staff Recornmendation: Approve Right-of-Way Transfer Agreements with the
Counties of Madera and Fresno, and with the City of Fresno,
and authorize the PWB Deputy Director to execute minor
amendments to the agreernents, including Exhibit A of each
agreement, if requËred"
6
SPWB September 1, 20'f5 Agenda with Analys¡s