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HomeMy WebLinkAbout32237~~!}~~~~~~~!ri o/ Right of Way Transfer Agreement Page I of6 This Agreement, made and entered into and is effective the date last written below, by and between the State of California, acting by and through the State Public Works Board ("PWB") with the consent of the California High-Speed Rail Authority (the "Authority"), and the County of Fresno, a Political Subdivision of the State of California, whose principal mailing address is 2220 Tulare St, 61" Floor, Fresno CA 93721, hereinafter referred to as the ("County"). The County, PWB and the Authority are hereinafter collectively referred to as (the "Parties"). RECITALS WHEREAS, 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 185030 and 185511 of the Public Utilities Code throughout the State of California identified as the California High-Speed Rail Project ("Project"); and WHEREAS, the Authority requires the County roads for state high-speed rail system purposes, and for public use in accordance with Public Utilities Code Section 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, and/or removal of certain County roads located within the County; and WHEREAS, the Authority is authorized to transfer property pursuant to Public Utilities Code Section 185040 et seq., and WHEREAS, the Authority is responsible for the relocation of County roads that are in conflict with the design or construction of the Project, including the execution and funding of any required Relocation; 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 first construction section of the Project (CPO 1) from Avenue 17 in County of Madera to East American A venue in County of Fresno. 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 Cooperative Agreement (HSR13-54, 13-767) entered into by and between the County and Authority ("Cooperative Agreement"). All Facility Work shall be performed in accordance with the requirements of the Cooperative Agreement, and in the event of any inconsistency between the provisions of this Agreement and the Cooperative Agreement, the provisions of the Cooperative Agreement shall prevail. 2. By this Agreement, the Parties agree and consent to the following transfers of right-of-way, as delineated in Exhibit A attached hereto and incorporated by such reference, at no cost to any Party for the value of the property. a. Exhibit A (Existing Fee), identified in red. Existing County right-of-way owned in fee to be conveyed to PWB that has been determined is necessary for Authority to construct the Project. b. Exhibit A (Existing Fee-County Reserves Easement), identified in white with red border. Existing County right-of-way owned in fee to be conveyed to PWB that has been ® ~!}!:.~~~~!ri o/ Right of Way Transfer Agreement Page 2 of6 determined is necessary for Authority to construct the Project that County reserves an easement for road rights. c. Exhibit A (Replacement Fee ROW), identified in green. Replacement right-of-way to be acquired by PWB and conveyed to County from the Authority in fee for relocated County roads, alleys, or other related facilities. d. Exhibit A (Replacement ROW for Street Rights Only), identified in white with green border. Replacement right-of-way to be acquired by PWB and conveyed to County in easement for road rights only for relocated County roads, alleys, or other related facilities. e. Exhibit A (Superseded Existing ROW to Mitigate), identified in purple. Superseded existing County right-of-way to be conveyed to PWB that would be required by Authority to mitigate damages to adjacent properties impacted by the Project. f . Exhibit A (Superseded Existing ROW to Vacate), identified in yellow. Superseded existing County right-of-way that would not be needed for the Project and will be vacated or disposed of by the County. g. Exhibit A (Existing County Owned Easement), identified in orange. Existing County right-of-way owned in easement required by the Project that will be subjected to the process in Streets and Highway Code Section 8320 for abandonment/vacation by the County upon request of the Authority only after PWB's acquisition of the underlying fee. Exhibit A may be changed without an amendment to this Agreement, as delegated by the County's Board of Supervisors and as authorized in conformance with the PWB site selections for this Agreement at the August 17, 2015 and September 17, 2015 PWB meetings, or another duly authorized PWB meeting. Nevertheless, any changes, which shall be at no cost to either Party, shall be agreed upon in writing by authorized representatives of the Parties. By its approval of this Agreement, the County's Board of Supervisors authorizes the Director of County's Department of Public Works and Planning, or his/her designee, to execute such written changes to Exhibit A only, on behalf of County for the purpose of reconciling Exhibit A after construction. 3 . 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 the 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. 4. County by execution of this Agreement hereby grants the Authority immediate right of possession ("RP") and use of the existing Right-of-Way of County 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. Any closure, removal or restriction of County roads by Authority will be performed in accordance with the Cooperative Agreement. 5. Authority agrees to acquire all necessary rights-of-way as may be required for the construction, reconstruction, or alteration of County roads . See Exhibit A (Replacement ROW). ® ~!}!~~~~~rio/ Right of Way Transfer Agreement Page 3 of6 6. The existing Right-of-Way of County required for construction of the Project and shown on Exhibit A (Existing Fee) and Exhibit A (Existing County Owned Easement) will, if owned in fee, be conveyed from County to the PWB in recordable form acceptable to PWB, or if owned in easement will be subjected to the process in Streets and Highway Code Section 8320 for abandonment/vacation upon Authority's request and upon the PWB 's acquisition of the underlying fee . 7. The replacement County road right-of-way acquired by PWB and shown on Exhibit A (Replacement ROW) shall be conveyed from Authority to County in recordable form acceptable to County and subject to no liens or encumbrances that would prevent the use of the property for public facilities purposes or other relevant purposes. 8 . The superseded existing Right-of-Way of County that is not required for construction of Project but is 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 County to PWB or the designated affected property owner, subject to all existing encumbrances, if however County 's right of way is owned in easement the County will be subjected to the process in Streets and Highways Code Section 8320 for abandonment/vacation of their interests as requested by Authority . 9. Unless agreed to otherwise in the separate Maintenance Agreement, which would supersede this section, County will accept control and maintenance over each of the relocated or reconstructed County roads on receipt of written notice to the County from Authority that the work thereon has been completed, except for any portion which is adopted by the Authority as part of the Project. County will accept title to the portions of such County roads or other County-owned facilities lying outs ide the Authority's right-of-way limits, upon transfer by PWB . 10 . In accordance with County policy, County may sell or dispose of all remaining superseded existing Right-of-Way of County shown in Exhibit A (Superseded Existing ROW to Vacate) not required for Project and the net proceeds will remain with County. 11 . County shall be solely responsible to timely perform any required road abandonment or vacation proceedings necessary for County to comply with the terms of this Agreement. The Authority shall reimburse the County for actual costs incurred for the abandonment or vacation. 12 . The terms and conditions of Agreement may not be modified except with the mutual written consent of the Parties. Nevertheless, Exhibit A may also be modified in accordance with Section 2 of this Agreement. 13. Conveyance as specified in Sections 6 and 7 above shall be completed upon completion of construction on the affected County road. County shall be invited to participate in the final walk through. Any significant deviation noted pertaining to roadway shall be corrected as a condition of final acceptance by the County and any such correction will be completed before close out of the Project. 14 . Conveyance of superseded County road right-of-way as described in Section 8 above will be completed during construction of the Project and at the request of Authority. 15 . Disposal of any remaining superseded existing Right-of-Way of County described in Section 10 above is solely at the discretion of County. ~ ~!~~~~!,j~ Right of Way Transfer Agreement Page 4 of6 16. County shall perform any required road abandonment proceedings in Section 11 above in a timely manner to insure that County can perform as specified in Sections 13 and 14 above. 17. The Parties have herein set forth the whole of their agreement with respect to the subject matter hereof. The performance of this Agreement constitutes the entire consideration for the transfer of County roads and shall relieve the Authority and PWB of all further obligation or claims based thereon, or based upon the location, grade or construction of the proposed public improvement. 18. Once the Authority has been granted possession and use of the property pursuant to Section 4, Authority is entitled to undertake, at Authority's sole expense, an inspection of the County roads; a review of the physical condition of the County roads, 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 County roads; and a review and investigation of the effect of zoning, maps, pe1mits, reports, engineering data, regulations, ordinances and laws affecting the County roads, if any. Authority shall provide County 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. 19. Notwithstanding other provisions in this Agreement, Authority's RP and use ofthe property including the right to remove and dispose of improvements in accordance with the terms of Section 4, shall commence upon full execution of this Agreement by the Parties .. (Signature Pages Follows) ~ ~!}!~~~!~ri~ Right of Way Transfer Agreement CONTRACT-SIGNATURE SHEET In WITNESS WHEREOF, the Parties have executed this Agreement. co By:~~~~~~~~~~~~~ Deborah A. Poochigian, Chairman, Board of Supervisors Recommended for Approval By:~~~ Alan Weaver, Director Department of Public Works and Planning Approved as to accounting form By: (}fA £~;f Vicki Crow, C.P.A., Aud1 or-ontroller/ Treasurer-Tax Collector Date:---'f},._/=~Lt~'-'-'t $=:;....._ __ _ I ATIEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By & At~· c~ Page 5 of6 ® ~!~!:S!~t~~!rio/ Right of Way Transfer Agreement STATE OF CALIFORNIA State Public Works Board By: ______________________ __ Sally Lukenbill, Deputy Director Department of General Services By: ______________________ __ Michael P. Butler, Assistant Branch Chief Real Property Services Section California High-Speed Rail Authority Date:, _____________ _ Date: _______ _ By: Date: _______ __ Alan P. Glen, Director of Real Property Page 6 of6 NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED :; ~ 11111111 11111111 ~I 1111111 , ii ~ ~·-~ ~ ul 111111 COUNTY OF FRESNO ROW TRANSFER AGREEMENT CONSTRUCTION PACKAGE 1 -EXHIBIT A ~ COUNTY OF FRESNO (FB-1G--OS92) )30--010-0JT '""' -"""' f"NU17 PARC!L FOR co.JfTY RIW ... £ ~ ~ tl ... 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