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Home My WebLink About2022-095 Caltrans Right of Way CertificationRESOLUTION NO. 2022-95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR CITY ENGINEER TO SIGN RIGHT OF WAY CERTIFICATION FORMS FOR FEDERALLY FUNDED PROJECTS ADMINISTERED BY CALTRANS LOCAL ASSISTANCE ON BEHALF OF THE CITY OF LAKE ELSINORE WHEREAS, the City of Lake Elsinore intends to apply for Federal-Aid projects related to transportation, streets and roads; WHEREAS, to be eligible for such Federal-Aid projects, the Federal Highway Administration, and the California Department of Transportation require agencies to submit Right of Way Certification Form for Local Assistance Project (Off State Highway System) to comply with federal regulations defined in 23 CFR 635.309(c)(1), (2), and (3); WHEREAS, Exhibit “A” is a Right of Way Certification Form for Local Assistance Project (Off State Highway System) provided by Caltrans that meets their requirements and the City Council wishes to meet the requirements of the Federal and State authorities. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantial part of this Resolution. SECTION 2. The City Council hereby authorizes the City Manager or City Engineer to sign the Right of Way Submittal Form on behalf of the City of Lake Elsinore. SECTION 3. The City Clerk shall certify to passage and adoption thereof. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of September 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 CC Reso. No. 2022-95 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2022-95 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 13, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 □ □ □ □ □ □ □ Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project Exhibit 13-A: Short Form Right of Way Certification Local Assistance Project (Off-State Highway System Project) NAME OF THE LOCAL PUBLIC AGENCY NOTE: This form is intended for projects that do NOT require R/W acquisition, relocation assistance, have NO railroad involvement, and the ONLY Utility Relocation Project ID involvement is limited to utility cover adjustments. For each item below, except Item 5, select the ONE option most suitable to your project. If the chosen option Project Location directs you to use Exhibit 13-B, please stop. This Short Form is not applicable to your project. General Description RIGHT OF WAY CERTIFICATION No. 1 1.STATUS OF REQUIRED PROPERTY RIGHTS No acquisition of right of way is required. All proposed work is within existing right of way. Right of way has been acquired in accordance with applicable policy and procedure covering the acquisition of real property. LPA has legal and physical possession, right to enter, and required permits. If this box is checked, please use Exhibit 13-B. 2.STATUS OF AFFECTED OPERATING RAILROAD FACILITIES None affected. The________________________ Railroad has approved the proposed work, which is within their Right of Way but does not require the adjustment of railroad facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-B. The_______________________ Railroad (and when needed, the Public Utilities Commission) has approved the proposed work, which is within the railroad right of way and does require the adjustment of railroad facilities. The railroad, or its contract forces, will provide the necessary labor, materials and/or equipment to adjust their facilities. The necessary clauses will be placed in the contract special provisions. If this box is checked, please use Exhibit 13-B. 3.MATERIAL SITE(S) None required. Material site(s) required. If this box is checked, please use Exhibit 13-B. Page 1 of 5 January 2021 City of Lake Elsinore HSIPL-5074(020) Citywide (10 Signalized Intersections) Traffic signal improvements at 10 intersections DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 □ □ □ □ □ □ □ □ □ □ □ □ □ Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 4. 5. 6. DISPOSAL SITE(S) None required. Disposal site(s) required. If this box is checked, please use Exhibit 13-B. STATUS OF REQUIRED UTILITY RELOCATION (Check all that apply) No relocation required, therefore Buy America requirements do not apply. Existing utilities located within project limits are shown on Project Plan. Project is not covered by NEPA document; therefore, Buy America requirements do not apply. Utility Agreements are not required on this project; therefore, Buy America requirements do not apply. Utility involvement is limited to adjusting UTILITY COVERS (manhole cover, water valve cover, and box lids) to grade and said work is compliant with all terms and conditions under MAP-21 including Buy America requirements. If this box is checked, please complete page 5 of this form entitled “Utility Cover Adjustment Summary” and provide a copy of the Specific Authorization if federally participating. All utility work (other than the adjustment of utility covers) has been completed. If this box is checked, please use Exhibit 13-B. All utility work (other than the adjustment of utility covers) will be completed by a stated date prior to award of the contract. If this box is checked, please use Exhibit 13-B. All necessary arrangements have been made for the completion of all remaining utility work (other than the adjustment of utility covers) required to be coordinated with project construction. Arrangements have been made with the owners of all utility encroachments which will remain within the right of way of the project so that adequate control of the right of way will be achieved. If this box is checked, please use Exhibit 13-B. Utility facilities (other than the adjustment of utility covers) will be relocated by the Project’s Contractor under bid items. If this box is checked, please use Exhibit 13-B. RIGHT OF WAY CLEARANCE There are no improvements or obstructions located within the limits of this project. All right of way clearance work has been completed and there are no improvements or obstructions remaining within the right of way area required for construction. If this box is checked, please use Exhibit 13-B. All necessary arrangements have been made for remaining right of way clearance work to be undertaken and completed as required for proper coordination with the construction schedule. If this box is checked, please use Exhibit 13-B. Page 2 of 5 January 2021 DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 □ □ □ □ □ □ □ □ □ □ □ □ Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 7.AIRSPACE AGREEMENTS There are no airspace lease properties within the limits of this project. All necessary arrangements have been made with airspace lessee(s) and/or in Contract Provisions to minimize conflicts between lessee’s activities and contractor’s operations. If this box is checked, please use Exhibit 13-B. Airspace lease has been cancelled. If this box is checked, please use Exhibit 13-B. Other (If this box is checked, please use Exhibit 13-B) 8.COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS Compliance was not required as there were no displacements for this project. Occupants who have not yet moved from the right of way will be protected against unnecessary inconvenience and disproportionate injury or any action coercive in nature. If this box is checked, please use Exhibit 13-B. LPA has complied with all the steps relative to the relocation advisory assistance and payments as required by applicable policy and procedure, and no person has been required to relocate without at least a 90 day written notice. If residential relocation was involved, all individuals and/or families have been relocated to decent, safe and sanitary housing, or the LPA has made replacement housing available to the displacees. If this box is checked, please use Exhibit 13-B. 9.COOPERATIVE AGREEMENTS None Required. Agency Agreement No. (If checked, please attach a copy) 10.ENVIRONMENTAL MITIGATION No environmental mitigation parcels are required for this project. All environmental mitigation parcels on this project have been acquired. If this box is checked, please use Exhibit 13-B. Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use Exhibit 13-B. Page 3 of 5 January 2021 DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 I Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 11. CERTIFICATION I hereby certify the right of way on this project as conforming to 23 CFR 635.309(b) and (c)(1) or (c)(2) and 49 CFR Part 24. The project may be advertised with contract award being made at any time. 12. INDEMNIFICATION BY LOCAL AGENCY This Local Public Agency agrees to indemnify, defend, and hold harmless the Department of Transportation (Caltrans) from any and all liabilities which may result in the event the right of way for this project is not clear as certified. LPA shall pay from its own non-matching funds, any costs which arise out of delays to the construction of the project because utility facilities have not been removed or relocated, or because rights of way have not been made available to LPA for the orderly performance of the project work. LOCAL PUBLIC AGENCY Project ID: Authorized Resolution No.: Dated: By: Title: Date: CALTRANS ACCEPTANCE The undersigned Caltrans Official has reviewed this Right of Way Certification as to form and content. Based on the review of the documents submitted, the Certificate is accepted on behalf of the local public agency. It remains the sole responsibility of the local public agency to ensure compliance with the Uniform Act. Accepted as to form and content: By: Title: Date: Distribution: 1) Local agency completes this form, signs and sends it to the DLAE. 2)DLAE sends a copy to District Right of Way Local Programs Coordinator, keeps a copy for his/her files, and sends the signed original back to the local agency. Page 4 of 5 January 2021 HSIPL-5074(020) DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390 □ □ □ □ □ □ Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project UTILITY COVER ADJUSTMENT SUMMARY Items to be disclosed on this summary include: Covers of utility facilities, either publicly owned (by City/County and other public agencies, including the project sponsoring agency) or privately owned that services the general population. Utility covers of facility that directly services the street/roadway operation (such as an electric pull box, which services streetlight and traffic signals) do not require disclosure on this form. a)PHYSICAL COVER ADJUSTMENTS PERFORMED BY OWNER Notice # & Notice Date Utility Agreement Date Owner Liability % Owner/LPA Type of Facility Encroachment Permit # Federal Participation Yes (Y)* No (N) *Include copy of Specific Authorization b)UTILITY COVER ADJUSTMENTS WILL BE PERFORMED BY PROJECT CONTRACTOR Bid Item # Notice # & Notice Date Utility Agreement Date Owner Liability % Owner/LPA Type of Facility Federal Participation Yes (Y)* No (N) *Include copy of Specific Authorization c)FEDERAL PARTICIPATION Yes No The adjustments comply with the 23 CFR 645.119 and the R/W Utility Relocation process in Chapter 14 of the Local Assistance Procedures Manual (LAPM) Yes No These adjustments are required as the direct result of the proposed construction activities and the local agency is legally liable to pay for the adjustment Yes No Adjustments specified for Federal participation have received FHWA Specific Authorization (Exhibit 14-C, LAPM) approval? If “no”, not federally participating. Page 5 of 5 January 2021 DocuSign Envelope ID: AA3928B7-5EAE-4AC7-B8ED-5849CFFA2390