CC 2024-06-11_09j Traffic Way Bridge Temp Construction Easement Execution
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consider Traffic Way Bridge Temporary Construction Easement
Execution
DATE: June 11, 2024
RECOMMENDATION:
Authorize the City Manager to fully execute a temporary construction easement (TCE) for
certain real property, more particularly described as Assessor Parcel Number 007-481-
011, that is necessary for the Traffic Way Bridge Replacement Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Adequate funding for right-of-way acquisition costs was appropriated in the FY 2023-25
CIP Budget. The cost associated with this TCE is $9,900. 88.53% of the cost for securing
this TCE is provided through the Highway Bridge Program, which is funding a majority of
this project. Fully executing this TCE now helps to maintain the current funding and
construction schedule.
BACKGROUND:
Traffic Way Bridge was first constructed over Arroyo Grande Creek in 1932. The Bridge
is programmed for replacement in calendar year 2025.
On July 24, 2018, the City Council approved agreements to allow the City to seek
reimbursement from the Local Highway Bridge Program for the Project. This funding will
cover 88.53% of the bridge replacement cost, with the balance coming from local funds.
Bridge replacement design and plans and specifications development is underway and
approaching the 95% completion level. These design plans confirm that TCEs across
nine properties are needed to complete Project construction.
On January 25, 2023, staff received notice from Caltrans that the Federal Highway
Administration authorized right-of-way funding for the Project, which allowed the City to
begin reimbursable work for the right-of-way phase of the Project.
Item 9.j.
City Council
Consider Traffic Way Bridge Temporary Construction Easement Execution
June 11, 2024
Page 2
On September 26, 2023, the City entered into an agreement with Hamner, Jewell, and
Associates. Since then, the right-of-way consultant has been working diligently to procure
preliminary title reports and third-party appraisals. In March 2024, the consultant
presented offers based on appraisals to all nine property owners with TCE offer letters.
On May 14, 2024, the City Council fully executed temporary construction easements with
the six property owners that had signed agreements prior to that meeting. Negotiations
continued with the remaining three property owners. As of June 5, 2024, one additional
property owner has signed a TCE agreement.
Negotiations continue with the two remaining property owners.
The City Council authorized a Resolution of Necessity on April 23, 2024 to pursue eminent
domain if negotiations are unsuccessful.
ANALYSIS OF ISSUES:
The attached TCE has already been signed by the property owner. Authorizing staff to
execute this TCE allows for access to and staging for the Traffic Way Bridge Replacement
Project.
ALTERNATIVES:
1. Authorize the City Manager to fully execute the attached TCE;
2. Do not authorize the City Manager to fully execute the attached TCE; or
3. Provide other direction to staff.
ADVANTAGES:
Securing this TCE allows for access to and staging for the Traffic Way Bridge
Replacement Project. 88.53% of cost for securing this TCE is provided through the
Highway Bridge Program, which is funding a majority of this project. Fully executing this
TCE at this time helps to maintain the current funding and construction schedule.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
On September 26, 2023, the City Council adopted an MND for the Traffic Way Bridge
Replacement Project (SCH No. 2022060452). The MND analyzed the environmental
impacts of the Project in compliance with the California Environmental Quality Act
(CEQA). Securing this TCE, which is part of an important and necessary step towards
construction of the Project, will have no direct or indirect physical impacts and does not
constitute a substantial change to the Project such that revisions to the previously
adopted MND are required. In fact, this action is taken pursuant to, and in conformity with,
Item 9.j.
City Council
Consider Traffic Way Bridge Temporary Construction Easement Execution
June 11, 2024
Page 3
the analysis contained within the previously adopted MND. Thus, none of the conditions
requiring subsequent environmental review called out in State CEQA Guidelines section
15162 or Public Resources Code section 21166 are present, and no further
environmental review is required.
PUBLIC NOTIFICATION AND COMMENTS:
with
Government Code Section 54954.2.
ATTACHMENTS:
1. Temporary Deed and Easement Documents for APN 007-481-011
Item 9.j.
BUUBDINFOU2
QBSDFM!OP/;007-481-011
QSPKFDU;!City of Arroyo Grande -Traffic Way Bridge
PXOFS;Raffi and Minas Kaloosian
HSBOUPST!QSPQFSUZ;!!!125/135 Traffic Way
Arroyo Grande, CA 93420
UFNQPSBSZ!DPOTUSVDUJPOFBTFNFOU!BHSFFNFOU
THIS AGREEMENT(“Agreement”)is made and entered into by and between
Raffi M. Kaloosian, a married man as his sole and separate property; and Minas
Kaloosian, a single man, as joint tenants (hereinafter collectively called
“Seller”/“Grantor”),andthe
City of Arroyo Grande, a California municipal corporation(hereinafter called “Buyer”/
“City”).
The Parties hereto have executed this Agreement on the dates set forth below next to their
respective signatures.This Agreement shall be effective as of the date, following all legally
required notices and hearings, this Agreement has been approved by Buyer’s governing body or
its delegated representative and signed by all Parties (“Effective Date”).
Seller and Buyer may collectively be referred to as the parties, and agree as follows:
An instrument in the form of aTemporary ConstructionEasement Deed(“Easement Deed”)
covering the property particularly described therein(“Easement Area”), has been executed
concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. 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 City of all
further obligation or claims on this account, or on account of the location, grade or construction of
the proposed Traffic Way Bridge Replacement Project(“Project”).
2. The City shall:
A. PAYMENT-Pay to the order of the Grantor the sum of NineThousandNineHundred
Dollars (%:-:11*as consideration in full for the propertyinterestsdescribed in the Easement Deed,
for the loss, replacement and moving of any improvements, and for entering into this Agreement,
which includes, without limitation, full payment of just compensation for any eminent domain
related compensation claims, claims for inverse condemnation or unreasonable pre-condemnation
conduct, attorneys’ fees, costs and interest in complete settlement of all claims (known and
unknown), causes of action and demands of Seller against the Buyer because of Buyer’s purchase
of the property rights conveyed by the Easement Deed, and for any and all claims (known and
unknown) arising from or relating to the purchase and sale which is the subject of this Agreement.
Said sum shall be paid within thirty days of the date of City acceptance and execution of this
Agreement.
AP N: 007-481-011 City of ArroyoGrande/Traffic Way Bridge/Kaloosian/Agreement2024-05-30
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B. RECORDATION OF INSTRUMENT-Accept the Easement Deed andmay,at City’s
sole discretion,cause the same to be recorded in the office of the San Luis ObispoCounty
Recorder.
C. MISCELLANEOUS COSTS-Pay any and all transactional closing costsand recording
fees incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES-Have the
authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary
to satisfy any bond demands and delinquent taxes due in any year except the year in which the
deeds record,together with penalties and interest thereon, and/or delinquent and unpaid
nondelinquent assessments which have become a lien as of the date of this Agreement.
E. PROPERTY CONSTRUCTION AND RESTORATION–City shall, upon completion
of construction,generally restore the Easement Areato a comparable or better conditionasthat
whichexisted prior to City’s project construction, to the extent reasonably practical,in accordance
with the provisions of the Easement Deedand the construction plans for the Project, on file in City
offices.Creek vegetation within the Easement Area will be restored with native vegetation in
accordance with required Project permit conditions.
City authorizes the installation of twosignsthat may be erected by Grantor, at Grantor
expense, on Grantor’s property, which is commonly referred to as 125-135 Traffic Way, Arroyo
Grande, AP# 007-481-011 (“Grantor’s Property”). One sign shall be permitted for temporary
installation at theBridge Street driveway entranceof Grantor’s Property, showing Grantor’s
business name. Said sign shall not exceed a size of 3’ X 5’and shall be removed upon completion
of Project construction. The second sign shall be permitted and affixed on the Bridge Street-facing
sideof Grantor’s building on Grantor’sProperty,and shall not exceed a size of 4’ X 6’.Grantor
shall submit sign specifications for each sign to City before creating and erecting said signs, for
City approval, which shall not be unreasonably withheld and shall be issued within 60 days
following sign design submittal to City. City sign permits shall be issuedat no cost to Grantor.
Access to Grantor’s Property from Traffic Way shall be consistently maintained throughout
the Project's duration. City agrees to provide Grantorwith a minimum of 72 hours’ advance notice
prior to commencing any construction on the sidewalk conformthat wouldtemporarily affect
Grantor’s accessto Grantor’s Property. Any temporary restrictions on access through Grantor’s
Traffic Way driveway shall not exceed 72 hours andshall be restored at the earliest feasible
opportunity.
With regard to Grantor’s Traffic Way frontage that will not be improvedas part of the City’s
Traffic Way Bridge Replacement Project, City hereby grantsa waiver that shall exemptGrantor
from ADA compliant modificationrequirements to the curb, gutter and driveway along the
Traffic Way frontage of Grantor’s Property that could otherwise be mandated and triggered by
future modifications toGrantor’s Property.This waiver will take effect upon execution of this
Agreementandwill remain in effect for theduration of theGrantor’sownership of Grantor’s
Property; provided however, that this waivershall automatically terminatein the event 1)
Grantor sells Grantor’s Property;or 2) after the City completes additional Traffic Way
improvements along the frontage of Grantor’s Property.The waiver does not apply if Grantor
makes improvements to Grantor's Property that expands buildings, adds new structures, or
demolishes and reconstructs the existing structures on Grantor’s Property.
.
AP N: 007-481-011 City of ArroyoGrande/Traffic Way Bridge/Kaloosian/Agreement2024-05-30
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F. INDEMNIFICATION-Indemnify and hold harmless the Grantor from any and all
claims, damages, costs, judgmentsor liability proximately caused by City or its officers,
employees, contractors or agents specifically arising from City’s construction and restoration work
within the Easement Area during thetemporary easement period specified in the Easement Deed.
3. The Grantor:
A.LEASE INDEMNIFICATION-Warrants there are no oral or written leases on all or
any portion of the Easement Area or if there are such leases, Grantor agrees to hold the City
harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any
lease encumbering theEasement Area. Grantor shall provide City use of the Easement Area free
of any leases that may conflict with City’s rights under the EasementDeed provisions.
B. TITLE INDEMNITYAND WARRANTY-In consideration of the City waiving
requirements to clear any defects and imperfections in all matters of record title, Grantor
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Easement Area. Grantor’s obligation to indemnify the City shall not exceed
the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that
he/she/they are the sole vested owners of the Easement Area, holding all ownership and possessory
rights, and are the authorized signatories to grant the easement rights referenced in this Agreement
and the Easement Deed without conflict or claims from other parties.
C. SUPPLEMENTAL FORMS-Agrees to provide all required supplemental forms
necessary to complete this transaction, including a W-9 Form required for payment processing.
D. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE
PROPERTY–Hereby represents and warrants that to the best of Grantor’s knowledge and belief,
throughout the period of ownership by Grantor, there has been no spill, discharge, release, cleanup
or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored,
disposed of or handled by the Grantor, its employees, and/or agents on or around the Easement
Area. Further, Grantor agrees to disclose to the City of Arroyo Grande, prior to the close of escrow,
all studies, reports, and investigations, known to Grantor, concerning any pollution, toxic building
materials or toxic hazardous substances or wastes located at, on, or under theEasement Area.
4. The Parties agree:
A.ARTICLE HEADINGS-Article headings in this Agreement are forconvenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
B.COMPLETE UNDERSTANDING-This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not beamended except in writing by the parties hereto or their successors or
assigns.
C.CITY COUNCIL APPROVAL-This Agreement is subject to and conditioned upon
approval by the Arroyo GrandeCity Council.This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
AP N: 007-481-011 City of ArroyoGrande/Traffic Way Bridge/Kaloosian/Agreement2024-05-30
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D. TITLE VI CIVIL RIGHTS ACT COMPLIANCE-The parties to this contract shall,
pursuant to 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.
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.
E.COUNTERPARTS-This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
F.SUCCESSORS AND ASSIGNS-This Agreement shall apply to and bind the heirs,
executors, administrators, assigns and successors of the parties hereto.
G. SETTLEMENT PROPOSAL-This Agreement represents Seller’s settlement proposal
and is expressly subject to and contingent upon City approval. City shall not be bound to the terms
and conditions herein unless and until this Agreement has been approved and executed by the
appropriate City official(s) acting in their authorized capacity.
H. ELECTRONIC AND FACSIMILE SIGNATURES–In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted and deemed binding to the same extent as if they bore original signatures. Documents
for recordation by the County Clerk Recorder must contain original signatures.
Op!Pcmjhbujpo!Puifs!Uibo!Uiptf!Tfu!Gpsui!Ifsfjo!Xjmm!Cf!Sfdphoj{fe/
TFMMFS0HSBOUPS;
Raffi M. Kaloosian, a married man as his sole and separate property; and Minas Kaloosian, a
single man, as joint tenants
___________________________________Date: ____________________________
Raffi M. Kaloosian,
___________________________________Date: ____________________________
Minas Kaloosian
GRANTOR’S MAILING ADDRESS:
Raffi M. Kaloosian
Minas Kaloosian
135 Traffic Way
Arroyo Grande, CA 93420 Tjhobuvsft!dpoujovf!po!ofyu!qbhf
AP N: 007-481-011 City of ArroyoGrande/Traffic Way Bridge/Kaloosian/Agreement2024-05-30
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CVZFS0DJUZ;
City of Arroyo Grande, a California municipal corporation
By: ________________________________Date: ____________________________
Matthew Downing
City Manager
MAILING ADDRESS OF CITY:
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
AP N: 007-481-011 City of ArroyoGrande/Traffic Way Bridge/Kaloosian/Agreement2024-05-30
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