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HomeMy WebLinkAbout14-103 Freeway Maintenance AgreementCITY OF^ LAU cog LSI110KE - -�%r` DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: APRIL 22, 2014 SUBJECT: ADOPTION OF RESOLUTION APPROVING (1) FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS AND (2) COVENANT FOR MAINTENANCE ALONG PUBLIC RIGHT OF WAY WITH 7- ELEVEN CORPORATION Recommendation That the City Council adopt the attached Resolution approving a Freeway Maintenance Agreement With Caltrans and a Covenant For Maintenance Along Public Right of Way with 7- Eleven Corporation. Background On July 9, 2013, City Council approved Commercial Design Review 2013 -02, Conditional Use Permit 2013 -02 and Zone Change No. 2013 -03 paving the way for 7- Eleven to obtain permits to construct and operate a convenience store and gas station facility at 515 N. Main Street. As a condition of land use entitlement, 7- Eleven agreed to replace the existing chain link fence along the property frontage on Main Street with wrought iron fence with pilasters ( "Fence ") and assume responsibility for maintenance of the Fence. A portion of the Fence is directly along to the Caltrans' right of way, necessitating their approval of the Fence replacement material. City and 7- Eleven staff approached Caltrans for permission to install the Fence. Caltrans agreed, subject to the City's acceptance of responsibility for maintenance and liability for damage incurred as a result the Fence location. In order to enable the City to maintain the new wrought iron fence, Caltrans requires that the existing Freeway Maintenance Agreement ( "FMA ") be changed accordingly. In an effort to transfer the City's maintenance and liability responsibility to the 7- Eleven property owner, the City Attorney has prepared a "Covenant for Maintenance Along Resolution re 7- Eleven Fence Page 2 April 22, 2014 Public Right of Way" (attached) to effectuate the transfer of responsibility for the proposed Fence. Discussion The Caltrans process for the FMA specifies the use of their standard form and the submittal of a draft for their review and approval. City staff has revised the Draft "Freeway Maintenance Agreement" to include maintenance of the Fence (see Exhibit C of the FMA which is an attachment to this staff report). The City Attorney has reviewed and approved the draft FMA. 7- Eleven has submitted an Encroachment Permit to Caltrans to construct the Fence. The City Attorney has prepared a "Covenant for Maintenance Along Public Right of Way" (attached) for review and execution by 7- Eleven and the City in such final form as approved by the City Attorney. The covenant, in keeping with 7- Eleven's entitlements, will transfer the responsibility for maintenance and liability associated with the Fence to 7- Eleven. Fiscal Impact None. Prepared by: Rita Thompson Senior Engineering Technician Vince Damasse Director of Public Works Approved by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Vicinity Map ResOli_ition Freeway Maintenance Agreement Covenant for Maintenance Along Public Right Of Way VICINITY MAP 515 N. MAIN STREET RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA: 1. APPROVING THE FORM OF THE INTERSTATE 15 FREEWAY MAINTENANCE AGREEMENT, AUTHORIZING STAFF TO SUBMIT THE DRAFT FREEWAY MAINTENANCE AGREEMENTS TO CALTRANS AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERSTATE 15 FREEWAY MAINTENANCE AGREEMENTS IN THEIR FINAL FORM; AND 2. APPROVING THE FORM OF THE COVENANT FOR MAINTENANCE ALONG PUBLIC RIGHT OF WAY BETWEEN THE CITY AND 7- ELEVEN CORPORATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE COVENANT IN ITS FINAL FORM. WHEREAS, the City of Lake Elsinore conditioned 7- Eleven Corporation to install and maintain a wrought iron fence along its property frontage on Main Street; and WHEREAS, to ensure maintenance, the City requires that 7- Eleven execute a "Covenant for Maintenance Along Public Right Of Way"; and WHEREAS, the proposed location of the fence is directly adjacent to Caltrans right of way; and WHEREAS, as a condition allowing the construction of the fence, Caltrans requires the City revise and execute the existing Interstate 15 "Freeway Maintenance Agreement' with them to prescribe maintenance and liability obligations for the fence; and WHEREAS, Caltrans further requires that their standard form for "Freeway Maintenance Agreement' be used and a Draft submitted for their review and approval prior to execution; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That it hereby approves the form of the "Covenant for Maintenance Along Public Right of Way." SECTION 2. That it hereby approves the form of the "Freeway Maintenance Agreement' with the State of California Department of Transportation (Caltrans) for the wrought iron fence. SECTION 3. Authorizes staff to submit the Interstate 15 draft "Freeway Maintenance Agreement' to the State of California Department of Transportation (Caltrans) for their review and approval. CITY COUNCIL RESOLUTION NO. 2014 - PAGE2OF3 SECTION 4. Authorizes the Mayor to execute the Interstate 15 "Freeway Maintenance Agreement' subject to final review and approval of any modifications approved by the City Attorney and Director of Public Works. SECTION 5. Authorizes the City Manager to execute the "Covenant For Maintenance Along Public Right Of Way" subject to final review and approval of any modifications by the City Attorney. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 22nd day of April, 2014. Natasha Johnson, Mayor City of Lake Elsinore ATTEST: Virginia J Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2014- PAGE 3 OF 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 - was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22ndh day of April, 2014 by the following vote: AYES: NOES: ABSENT: v Virginia J. Bloom, CMC City Clerk All AGREEMENTS - Instructions 1. Refer to Maintenance Agreements Manual to ensure a complete agreement is submitted 2. If templates are not modified beyond identified variables, approval by Headquarters (HQ) and Legal is not required in which case the "Attorney," signature block shall be removed. 3. Adding new language shall require review and approval by the HQ and Legal unit prior to forwarding to CITY /COUNTY for approval or execution of agreement. 3.1. Modifications requested by local agencies shall be reviewed by HQ and Legal; do not allow locals to sign the document until all approvals have been verified. 4. Use Track Changes function to allow for easy reviewing by HQ and Legal. 5. Provide brief description of proposed agreement (what's changed ?) in a memo or in the MA Coversheet 6. Determine if there are any overlapping agreements within the project limits. If there are, state whether the agreement is intended to supersede the old agreement. If attempting to supersede "portions" of the existing agreements either supersede the agreement in its entirety or include language that simply states the new agreement in not intended to supersede agreement #xyz. 7. Select appropriate party, i.e., CITY, COUNTY, etc., remove highlighting; only use language appropriate to the specific agreement, i.e., remove superfluous language where variable is indicated, remove all comments. 8. Required to be included with each agreement (where applicable); Exhibits, Encroachment Permits, previous agreements, project plans, as -built plans, Right of Way maps, etc. 8.1. Provide any information needed to establish boundaries between adjoining agencies (County /city or city /city limits). 9. The District Coordinator should work with the appropriate program to ensure new language addresses the specific maintenance needs covered by the agreement. 10. Forward draft agreements to Statewide Maintenance Agreement (HQ) Coordinator for submittal to HQ Legal 10.1. Expect minimum 10 working days to process for standard reviews 10.1.1. Complex agreements require additional time 10.1.2. Changes, rejections, questions will also add time 11. Legal will notify HQ Coordinator of needed changes, make requests for further information, and /or make comments. 11.1. HQ Coordinator will email the reviewed document to District Coordinator 11.1.1. District Coordinator will incorporate requested changes, answer requests and submit corrected /modified agreement back to HQ Coordinator for resubmittal to Legal. 11.1.2. Legal will notify HQ Coordinator when agreement is acceptable and approvable 11.1.3. Once Legal has signed the agreement, it is ready for signature by the Local agency 11.1.4. District Coordinator will obtain local agency signatures and email copy of wet- signed document to HQ Coordinator for Records Retention number. 12. Remove "Draft" watermark on final when ready for signatures. Revised 5/16/13 March 3; 2014Draft date Interstate 15 Freeway Maintenance ARTeementadd identification number or description FREEWAYMAINTENANCE AGREEMENT WITH CITY OF LAKE ELSINORE%C-9�Tjrgt1 =OF THIS AGREEMENT is made effective this day of 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CT'tCOTUNTTCITY OF LAKE ELSINORE of ; hereinafter referred to as "CITY /COUNTY" and collectively referred to as "PARTIES ". SECTION I RECITALS WHEREAS, on January 13, 1987— a Freeway Agreement was executed between QTY, ��r. )1-Tk1 TCITY OF LAKE ELSINORE and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Interstate 15IRghwa3--Rome4SR i within the jurisdictional limits of the QTY4� nn v CITY OF LAKE 'ELSINORE 'of as a freeway; and 2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CI'T'YY n CITY OF LAKE ELSINORE streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and 3. WHEREAS, pursuant to Section i of the above January 13, 1987,,,,===-,-200— Freeway Agreement, TYi �' �mn CITY OF LAKE ELSINOREhas resumed or will resume control and maintenance over each of the affected relocated or reconstructed Q T'� vi�^T W- )LCITY OF LAKE ELSINORE 'streets, except for those portions adopted as a part of the freeway proper. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 4. CITN/C -OTC" 'T CITY OF LAKE ELSINORE 'agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY /C )U IT-Y-CITY OF LAKE ELSINORE streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 5. STATE agrees to continue control and maintenance of those portions adopted as a part of Interstate 15 SR Freeway proper as shown Exhibit A. 6. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided in Exhibit C attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this Agreement shall prevail. 7. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C. 8. When another planned future improvement has been constructed and /or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 9. IT V/0"UY CITY OF LAKE ELSINORE and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 10. C—IT Y4C)^ NTT-Y—CITY OF LAKE ELSINORE must obtain the necessary Encroachment Permits from STATE's District —08 Encroachment Permit Office prior to entering STATE right of way to perform ^' T": n CITY OF LAKE ELSINORE = maintenance responsibilities. This permit will be issued at no cost to CIMCOUNTY. 11. VEHICULAR AND PEDESTRIAN OVERCROSSINGS 11.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of SR Interstate 15 below the deck surface except as hereinafter provided. 11.2. r"TTY T-Y CITY OF LAKE ELSINORE will maintain, at GIT�oT T"�T4T-z CITY OF LAKE ELSINORE expense, the deck and /or surfacing and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. 11.3. At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 12. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS 12.1. STATE will maintain the structure proper of all STATE - constructed vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the 2 traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undererossing will be maintained by CI-T -Y4G^ Y- CITY OF LAKE ELSINORE 12.2. GITV rr � � ^ � T m rY CITY OF LAKE ELSINORE will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under roadway surface and the Structure that results from modifications to the under roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 13. WALLS AND COLUMNS - Responsibility for debris removal, cleaning, and painting to keep CITY's C s side of any wall structure or column free of debris, dirt, and graffiti shall not lie with STATE. 14. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway, use shall lie with CnW;rnT CITY OF LAKE ELSINORE and not with STATE. 15. INTERCHANGE OPERATON - It is STATE's responsibility to provide efficient operation of freeway., interchanges, including ramp connections to local streets and roads. 16. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES 16.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of SR - Interstate 15 Freeway and rinn r'UN CITY OF 'LAKE ELSINORE 'streets and roads and at ramp connections or SR—Interstate 15 and - CIT —°O NT-Y CITY OF LAKE ELSINORE facilities shall be shared by the PARTIES as shown in Exhibit "B" which, by this reference, is made a part of this Agreement. (Shared Cost Electrical Agreement can be entered into by the PARTIES as a part of this agreement itself instead of a separate agreement. Or a separate "Shared Cost Electrical Agreement" may be executed in the future allocating these costs between the PARTIES. 16.2. The said cost shall be paid by STATE and the GIT'v %CITY OF LAKE ELSINORE shall reimburse the STATE their agreed upon share. 3 16.3. The said cost shall be paid by CI` - WCOUN,T-Y-CITY OF LAKE ELSINORE and the STATE shall reimburse the CITY4C )UNT- Y- CITY IOF LAKE ELSINORE their agreed upon share. 16.4. Timing of traffic signals, which shall be coordinated with M-WOMI v CITY OF LAKE ELSINORE to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 17. BICYCLE PATlIS - Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CIT- ^T CITY OF LAKE ELSINORE will maintain, at CITY-'C-OU :T*CITY OF LAKE ELSINORE expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that non- motorized facility. 18. LEGAL RELATIONS AND RESPONSIBILITIES 18.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law._ 18.2. Neither QT-)W44Y- CITY OF LAKE ELSINORE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless QTYi CITY OF LAKE ELSINORE and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 18.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by GlT- - C;01J T CITY OF LAKE ELSINORE under or in connection with any work, authority or jurisdiction conferred upon QTUi 0L3 TTCITY OF LAKE ELSINORE and arising under this Agreement. It is understood and agreed that C-ITvrr : CITY OF LAKE ELSINORE shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by QTWC^TTY CITY OF LAKE ELSINORE under this Agreement. March 3.20 Draft date Interstate 15 Freeway Maintenance AC.reementadd'.identification cumber or description 19. PREVAILING WAGES: 19.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work wider Labor Code section 1771. 'TTVIrl � -� -1 CITY OF LAKE ELSINORE must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1 -7. QTY/O D T"o�:TY CITY OF LAKE ELSINORE agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY GOU ?T 'sS own forces is exempt from the Labor Code's Prevailing Wage requirements. 19.2. Requirements in Subcontracts - C1T —Y ^T�n -CITY OF LAKE ELSINORE =shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY/G01,44- '4's contracts 20. MURANCE,tr921 - QT­v r CITY OF LAKE ELSINORE and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory ' "to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 20.1. (SELF- INSURED {(,g31- OT-YIr� r -CITY OF LAKE ELSINORE is self insured. CTTV i�o T) CITY OF LAKE ELSINORE agrees to deliver evidence of self - insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. 20.2. SELF- INSURED 'Irgalusing Contractor - If the work performed under this Agreement is done by CITYWCOUNTY's contractor(s), P'T'T Oo NT- -CITY OF l LAKE ELSINORE shall require its contractor(s) to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 21. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITYlGOI-TNTP --'s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 22. "TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE rT"T�OINrY CITY OF LAKE!ELSINORE OF, STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Mayor ATTEST: By: _ Deputy District Director MALCOLM IDOUGHERTY!trgsi Director of Transportation By: Maintenance District IAstrg6]:to Form and Procedure:. By: TNT CITY OF LAKE ELSINORE'Attorney Legal Attorney 6 EXHIBIT "A" DELEGATION OF MAINTENANCE (Plan maps showing SI— Interstate 15 Freeway proper and nrrviCityo —Lake Elsinore' road/facilities) March 3, 2014Draft date Interstate 15'Freemy Maintenance A:ereementadd identification number or description EXHIBIT `B" Basis of Cost Distribution for Operation, Maintenance & Electrical Energy of ELECTRICAL FACILITIES STATE Owned and Maintained Operations, Maintenance and Electrical Energy by STATE. r Route Post Mile Location Description Signal Signs Lights Type Code Units % Cost Distribution CITY /COUNTY N/A -I -- T--�� - March 3.2014Draft date Interstate 15 Freeway Maintenance Aereementadd :identification number or description EXHIBIT "C" (Individual maintenance items that are not provided for in the body of the Agreement.) 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O m N Z O uj Z 44JJ p� Z U (F= Ct�J Z p p 6 2< p Z�Z U O F p 0 W o O C ¢ W J Q m V W Q F C o� Zoo F=Z�����°'C���>po�E H O S¢ O¢S Z Z g C U W yN [1 m a Y v r S m N m V 8 Z ti! C_7 �- f K p z o a F O Z ¢ U o m v w Z w Van U Q W O ¢ m 2 w ¢ CL S LL U W N Q p N N w Z S Z O CL w CL w U z CL ¢ m a Q Cl o a a W Z d } N CM �m OZ O Q U r Cm f5 Q N N m Q U � fn Z z m w O .- N W y Z p W Z Z W Z O r F O Q W U W ? O m N Z O uj Z 44JJ p� Z U (F= Ct�J Z p p 6 2< p Z�Z U O F p 0 W o O C ¢ W J Q m V W Q F C o� Zoo F=Z�����°'C���>po�E H O S¢ O¢S Z Z g C U W yN [1 m a Y v r S m N m V 8 Z ti! C_7 �- f K STATE OF CALIFORNIA • DEPARTMENTOF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 07 12007) I FOR CALTRANS USE Permission is requested to encroach on the State Highway right -of -way as follows: I (Complete all BOXES [write N/A if not applicable] Please print sinole sided) This application is not complete until all requirements have been approved. PERMIT NO. SIMPLEX STAMP Page 1 of 4 1. COUNTY 2. ROUTE 3. POSTMILE ❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS Riverside I -15 75 ❑ OTHER — - - -- -- 4. ADDRESSOR STREET NAME S. CITY 515 N. Main St. Lake Elsinore 6. CROSS STREET 30 ft south (Distance and direction from site) of Minthorn_S_t. 7. PORTION OFRIGHT -OF -WAY Edge of right of way _ DATE OF SIMPLEX STAMP 8. WORK TO BE PERFORMED BY 9. EST. START 05/14/14 10. EST. COMPLETION DATE ❑ OWN FORCES 0 CONTRACTOR 11. MAX.DEPTH AVG. DEPTH AVG. WIDTH LENGTH SURFACE TYPE EXCAVATION 5 ft 1.5 ft 6 ft 160 ft Dirt 003TION ^TATE HIGHWAY RIGHT- OF-WAY FUNDING SOURCE(S) 6 [:]FEDERAL ❑STATE ❑ LOCAL ® PRIVATE _.._ ..0 13. PRODUCT TYPE DIAMETER _.VO VOLTAGE /PSIG 14.CALTRANS'PROJECT CODE PIPES N/A N/A N/A N/A 15. ❑ Double Permit Parent Permit Number N/A Applicant's Reference Number / Utility Work Order Number N/A 16. Have your plans been reviewed by another Caltrans branch? ❑ NO is YES (If "YES ") Who'? Community Planning 17. Completely describe work to be done within STATE highway right -of -way : Attach 6 complete sets of plans (folded to 8.5" x 11 "), and any applicable specifications, calculations, maps, etc. All dimensions shall be in U.S. Customary (English) Units. Remove 159 feet of existing chain link fence, posts and post foundations and provide excavation and backfill for construction of 159 feet of proposed metal fence and 2 ft x 2ft pilasters along adjacent private property. 18. Is a city, county, or other agency involved in the approval of this project? ® YES (If "YES ", check type of project and attach environmental documentation and conditions of approval. ) ❑ COMMERCIAL DEVELOPMENT 0 BUILDING IZ GRADING ❑ OTHER ❑ CATEGORICALLY EXEMPT ❑ NEGATIVE DECLARATION ❑ ENVIRONMENTAL IMPACT REPORT ❑ OTHEI ❑ NO (if "NO ", please check the category below which best describes the project, and complete page 4 of this application.) ❑ DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING ❑ FENCE ❑ PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS ❑ MAILBOX ❑ FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ❑ EROSION CONTROL ❑ OTHER ❑ LANDSCAPING 19. Will this project cause a substantial change in the significance of a historical resource (45 years or older). or cultural resource? [—]YES ®NO (If "YES ", provide a description) 20. Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? ❑ YES ® NO (If "YES ", provide a description) 21, Is work being done on applicant's property? ® YES ❑ NO (If "YES ", attach site and grading plans.) ADA NOTICE: t ur iudimdnaL with sensory disabilities fl is dunvnunl is avallnble in xhenime fommly Por nik ation, call (916) 654- 6410,TfY 711 or rvrnu Io Rccunls enA Ihmis MSnugomcnt. 1120 N Snr ,n, MS -89, Snmm*eolq CA 95314. STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION Page 2 of 4 STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO TR -0100 (REV. 07 12007) 22 WJI this proposed project. require the disturbance of soil? ® YES ❑ NO If "YES ". estimate the area wi hip State Highway right -of -way in square feet AND acres: 325 (ft-) AND 0.007 _ (acres) estimate the area outside of Slate Highway right -of -way in square feet AND acres, _ 46,050 i Qt') AND 1.06 (dorsal 23. Vurh this proposed project require dewafering? E] YES JI NO If "YES', estimate total gallons AND gallonshranth._ WA (galions)AND_ N/A _(gellons /month) SOURCE-: pSTORAWATER ONOWSTORM WATER ('See Calirans SMdP for definitions of non -storm water discharge: http:iAwm,dot.m,gov /hg /env /gtormxatoffiifidex,htin ) 24. How will any storm water or ground water be disposed of from within or near the limits of this proposed project? E] Storm Drain System ❑ Combined Sewer I Storm System Storm Water Retention Basin )the, (explain): PLl AS} RE A1) 11-11 I-OLLOWINGC_LAUSES PRIOR 10SJQNING 1111Sii - \( ROACHl191 'v, I T ?[;R1v1! [, 1Pi'Llf_A I ION,, The applicant, understands and herein agrees thatan encroachment permit can be denied, and /ora bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that denial maybe appealed, in accordance with the California Streets and Highways Code, Section 679.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (lndetnnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual atforneys'fees, Judgments, losses andliabilities of every kind and nature whatsoever (Claims) arising outoforin connection with the issuance and /or use of this encroachmentpermit and the placement andsubsequent operation and maintenance of said encroachment for .9) bodily injury and /or death to persons including but not limitedtotheAppticant the Stateand its officers, directors, agents andemployees, the Indemnities, andthepublic; and2) damage to propertyofanyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of indemnities. The Applicant, however, shall not be obligated to indemnify indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON -STORM WATER: Work within State Highway right- of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System ( NPDES) permit issued to tho Department of Transportation (Department), to govern the discharge ofstorm waterandnon -storm waterfrom itsproperties. Workshallalso be in compliance with all otherapplicable Federal, State and Locallaws andregulations, and with tire Department's Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of Storm Water Pollution Protection Plan (SWPPP), ore Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at hMLf1w�65! 911 C&Y Qi_'LfUL/910-127 s r c�t-olrr ✓Y?JVE E of APPLIC NT or ORGANI7ATION (Print or Type) 1= even, Inc. Q(7DRE3$ofs aza;rl`��L OUth ree�;l Nei, 160;'r�5afias, ne forts remou PI ONEIN 858 — 27.,41GNA I ENGINEER (Print or Type)' IS LETTER OFAUTFIOR17ATION ❑ YES 2 NO an ute( Fax NUMBER c- MAiLAUUlftb5 Roger. Shadowen2 @7- 11.com roger.snaaowen. CA. 92124 q LE�eo -'t 0 Y *t�� ��zz��ttTIT` 3 - 11.com Lit t STATE OF CALIFORNIA -DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR-01 00 (REV. 07/2007) Page 3 of 4 FEE CALCULATION FOR CALTRANS USE ❑ CASH E:1 CREDITCARD NAMEONCARD PHONENUMBER ❑ CHECK NUMBER NAMEONCHECK PHONENUMBER ❑ EXEMPT ❑ PROJECTCODE ❑ DEFERRED BILLING (UtiKy) CALCULATED BY 1(2) REVIEW 1. FEE DEPOSIT DATE j 2. FEE I DEPOSIT DATE TOTAL FEE /DEPOSIT I HOURS @ $ $ $ 2. HOURS @ $ $ - - - ------- - --------- INSPECTION 1. FEE DEPOSIT DATE 2. FEE DEPOSIT DATE TOTAL FEE / DEPOSIT 1. —HOURS @ $ $ $ 2. HOURS @ $ FIELDWORK HOURS @ $ $ $ $ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT & MATERIALS i -- - ----------- -------- __ $ - - - CASH DEPOSIT IN LIEU OF BOND $ - --------- - - - - - ------------------ - ------ — — TOTAL COLLECTED S $ CASHIER'S INITIALS $ The Standard Hourly Rate is set annually by HQ Encroachment Permits District Office staff do not have authority to modify this rate. PERFORMANCEBOND ❑ _T DATE MOUNT i$ A PAYMENTBOND E3 DATE AMOUNT LIABILITY INSURANCE R EQUIRED? F-1 YES AMOUNT ❑ NO •$ STATE OF CALIFORNIA -DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION TR -0100 (REV. 07 /2007) INSTRUCTIONS for completing page 4 This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Page 4 of 4 Youranswers to these questions will assist departmental staff in identifying any physical, biological, social or economic resources thatmay beaffected by yourproposed projectwithinthe State highway right-of-way andto determinewhich type of environmental studiesmay be required to approve your application foran encroachment permit. It is the applicant's responsibility forthe production of all required environmental documentation and supporting studies and in some cases this maybe costly and time - consuming. If possible, attach photographs of the location of the proposed project. Please answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.) 1. Will any existing vegetation and /or landscaping within the highway right -of -way be disturbed? 2. Are there waterways (e.g. river, creek, pond, natural pool or dry streambed) adjacent to or within the limits of the project or highway right -of -way? 3. Is the proposed project located within five miles of the coast line? 4. will the proposed project generate construction noise levels greater than 86 dBA (e.g. jack- hammering, pile driving)? 5. Will the proposed project incorporate land from a public park, recreation area or wildlife refuge open to the public? 6. Are there any recreational trails or paths within the limits of the proposed project or highway right -of -way? 7. Will the proposed project impact any structures, buildings, rail lines, or bridges within highway right -of -way? 8. Will the proposed project impact access to any businesses or residences? 9. Will the proposed project impact any existing public utilities or public services? 10. Will the proposed project impact existing pedestrian facilities, such as sidewalks, crosswalks, or overcrossings? 11. Will new lighting be constructed within or adjacent to highway right -of -way? MAIL RECORDED ORIGINAL TO: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 (Exempt from recording fees per Government Code Section 27383.) 7- Eleven Store No. 36788 515 North Main Street Lake Elsinore, California APN: 377 - 242 -021 COVENANT FOR MAINTENANCE ALONG PUBLIC RIGHT OF WAY THIS COVENANT FOR MAINTENANCE ALONG PUBLIC RIGHT OF WAY (this "Covenant "), dated as of , 2014 ( "Effective Date "), by and between the CITY OF LAKE ELSINORE, a California municipal corporation ( "City ") and 7- ELEVEN, INC., a Texas corporation (7- Eleven "). City and 7- Eleven are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties." RECITALS The following recitals and all Exhibits to this Covenant are substantive parts of this Covenant: A. 7- Eleven is the owner of a 1.13 acre site located at 515 N. Main Street, Lake Elsinore, California identified as APNs 377 - 242 -021 and 377 -242- 021 -0, and legally described in Exhibit A attached hereto and incorporated by reference (the "Site "). B. 7- Eleven has obtained certain land use entitlements from City, including Commercial Design Review 2013 -02, Conditional Use Permit No. 2013 -02 and Zone Change No. 2013 -03 (collectively, the "Entitlements "), which provide, among other things, for the construction of an approximate 3,010 square foot 7- Eleven convenience store at the Site. C. In connection with the grant of the Entitlements, 7- Eleven agreed to install a wrought iron fence along certain portions of the site's boundaries, a part of such fence (the "Fence ") is directly adjacent to the Caltran's right of way as depicted in Exhibit B attached hereto and incorporated herein (the "Caltrans ROW'). D. Pursuant to a proposed separate agreement between the City and Caltrans, Caltrans has agreed to the installation of the Fence adjacent to the Caltrans ROW, conditioned upon the City's agreement to cause such Fence to be maintained (the "Caltrans Maintenance Agreement "). E. In order for the City to fulfill its obligation to Caltrans under the Caltrans Maintenance Agreement and for 7- Eleven to lawfully construct the fence in order to satisfy the Exhibit B Fence Maintenance Covenant _1 _ 7 -11 032614 conditions of the Entitlements, the parties desire for 7- Eleven to maintain the Fence consistent with the maintenance requirements under the Caltrans Maintenance Agreement. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. Maintenance Covenants. 7- Eleven shall do all of the following as conditions to the issuance and retention of the Entitlements: 1. 7- Eleven shall obtain all necessary permits to construct the Fence which shall comply with the development standards and California Building Code standards as required under the Lake Elsinore Municipal Code along with such other permits and standards as may be imposed by Caltrans, including but not limited to, a Caltran's issued encroachment permit. 2. 7- Eleven shall maintain the Fence and an area one -foot on each side of the Fence in good repair and free from all rubbish, weeds, garbage, graffiti and other refuse at the 7- Eleven's expense. 7- Eleven shall accomplish such maintenance on no less than a weekly basis. In addition, 7- Eleven shall, not less than annually, inspect the Fence and remove any rust and /or apply paint to the Fence to maintain the appearance of the Fence. If, in the City's discretion the 7- Eleven has failed to uphold its obligations set forth in the preceding sentence, the City shall give the 7- Eleven ten (10) days written notice to correct the substandard maintenance. If the substandard maintenance is not thereafter corrected, the Director of Public Works may cause the necessary maintenance to be conducted and the cost of that maintenance shall be borne by the 7- Eleven. 3. 7- Eleven shall release and hold the City, its agents, employees, officials, and representatives harmless from any and all claims, liability, responsibility, or damages of any description or kind resulting from the Fence or its encroachment into the Drainage Easement. The hold harmless and indemnity agreement set forth in this paragraph shall be construed to be the broadest possible indemnification and hold harmless agreement and shall include any claims, damages, or other liabilities or responsibilities which 7- Eleven may have against the City, or any claims, damages, responsibilities, or liabilities which any third party may have or allege against the City in connection with the Fence. The indemnification and hold harmless provision set forth in this paragraph is declared to include any costs the City may incur for defending any claims against the City, including but not limited to reasonable attorneys' fees expended in defending these claims, whether said claims result in actual liability on behalf of the City or not. Notwithstanding anything contained herein to the contrary, the indemnity and hold harmless provisions herein in favor of the City shall not apply to any losses or damages suffered by the City due to its own gross negligence. 4. 7- Eleven has been and is fully advised by the City and acknowledges that any future construction or other activity needed to maintain, repair, or improve the Drainage Easement could result in possible damage to or destruction of the Fence. The City cannot and will not be responsible for any injuries, damages, destruction or removal of the Fence as a result of any future use, maintenance, repair or improvement of the Drainage Easement. 7- Eleven agrees to be solely responsible for any injuries, damages, claims, destruction or removal of the Fence and any costs to replace, repair or reconstruct the Fence for any reason whatsoever. 7- Eleven further agrees to be solely responsible for any damage or injury to the storm water drain Exhibit B Fence Maintenance Covenant 7 -11 032614 pipe located in the Drainage Easement caused by 7- Eleven in the installation, maintenance, repair, or removal of the Fence. Section 2. Recordation of This Covenant. Within five (5) business days after the execution of this Covenant by all necessary parties, the City shall cause this Covenant to be recorded against the Site. This Covenant and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of 7- Eleven thereby creating an equitable servitude upon the Site. Section 3. Notices. Any notice required to be given under this Covenant shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: Director of Public Works 130 South Main Street Lake Elsinore, CA 92530 If to 7- Eleven: 7- Eleven, Inc. One Arts Plaza 1722 Routh Street, Suite 1000 Dallas, Texas 75201 Attn: Corporate Real Estate, Store #3678832375 Section 4. Entire Agreement. This Covenant constitute the complete and exclusive statement of Covenant between the City and 7- Eleven. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Covenant. Section 5. Amendments. This Covenant may be modified or amended only by a written document executed by both 7- Eleven and City and approved as to form by the City Attorney. Section 6. Severability. If any term or portion of this Covenant is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Covenant shall continue in full force and effect. Section 7. Controlling Law Venue. Exhibit B Fence Maintenance Covenant 7 -11 032614 This Covenant and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Covenant shall be held exclusively in a state court in the County of Riverside. Section 8. Litigation Expenses and Attorneys' Fees. If either party to this Covenant commences any legal action against the other party arising out of this Covenant, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. Section 9. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Covenant through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. Section 10. Counterparts. This Covenant may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Covenant, it shall not be necessary to produce or account for more than one such counterpart. Section 11. Authority to Enter Agreement. 7- Eleven has all requisite power and authority to conduct its business and to execute, deliver, and perform the Covenant. Each party warrants that the individuals who have signed this Covenant have the legal power, right, and authority to make this Covenant and to bind each respective party. Section 12. Agreement Not Applicable to Other Public Right of Ways. This Agreement only pertains to the Fence located within the Site. Any encroachment into the City's right of way, or any other easement, will require written approval from the easement holder. Exhibit 8 Fence Maintenance Covenant _t}_ 7 -11 032614 IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the Effective Date. ATTEST: Virginia J Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Attest: By: Name: Its: Assistant Secretary "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager "7- ELEVEN" 7- ELEVEN CORP., a Texas corporation By: Name: Its: Vice President Exhibit B Fence Maintenance Covenant 7 -11 032614 STATE OF CALIFORNIA ) )ss COUNTY OF ) On before me, , personally 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. [SEAL] Signature of Notary Public STATE OF CALIFORNIA ) )ss COUNTY OF On before me, , personally 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. [SEAL) Signature of Notary Public STATE OF CALIFORNIA ) )ss COUNTY OF ) On before me, , personally 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. [SEAL Signature of Notary Public EXHIBIT A SITE LEGAL DESCRIPTION A.P.N.: 377 - 242 -021 and 377. 242 -021 -0 Real Property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: PARCEL I; THAT PORTION OF LOT(S) 13, 15, 17 AND 19 IN BLOCK 84 OF HEALDS RESUBDIVISION, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE(S) 378, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 5.00 FEET OF SAID LOTS, SAID POINT BEING THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 30, 1956 IN BOOK 1888 PAGE 188 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 70 DEG 53'50" WEST AT RIGHT ANGLES TO SAID WESTERLY LINE, 175.11. FEET TO A POINT IN THE WESTERLY LINE OF SAID LOTS; THENCE SOUTH 19 DEG 06' 11" WEST ALONG THE WESTERLY LINE OF SAID LOTS, A DISTANCE OF 155.63 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 13; THENCE SOUTH 70 DEG S9'45" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 13, A DISTANCE OF 175.11 FEET TO A POINT IN SAID WESTERLY LINE OF THE EASTERLY 5.00 FEET OF SAID LOTS; THENCE NORTH 19 DEG 06' 10" EAST ALONG SAID WESTERLY LINE 1.55.33 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT(S) 19, 21 AND 23 IN BLOCK 84 OF HEALDS RESUBDIVISION, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE(S) 378, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 5.00 FEET OF SAID LOTS, SAID POINT BEING THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 30, 1956 IN BOOK 1888 PAGE 188 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 70 DEG 53' 50" WEST AT RIGHT ANGLES TO SAID WESTERLY LINE, 175.11 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOTS; THENCE NORTH 19 DEG 06' 11" EAST ALONG SAID WESTERLY LINE 144.77 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 23; THENCE SOUTH 70 DEG 58' 10" EAST ALONG THE NORTHERLY LINE OF SAID LOT 23, A DISTANCE OF 3.11.0.52 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA; THENCE SOUTH 4 DEG 55'40" EAST ALONG THE BOUNDARY LINE OF SAID LAND DESCRIBED IN DEED TO THE STATE. OF CALIFORNIA, A DISTANCE OF 158.62 FEET TO THE POINT OF BEGINNING. EXHIBIT B DEPICTION OF CALTRANS RIGHT OF WAY [ATTACHED] ! § j / : > §o o § © ( o E o s �� L ' = \ no o §b(L 2 � $ % o ) \ . Ee ° §1 / i m = ` \ »§y r xz .addG 0W I / \ \ LD LO \ I \ \ f _ - 0 a 0 0 0 0 / �ƒ #7 \ §