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HomeMy WebLinkAbout2021-70 CC ResolutionRESOLUTION NO.2021-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinj!5, A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off - ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on - ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/1-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition 2 of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Accordingly, pursuant to the Temecula-Murrieta Cooperative Agreement, Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260, et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010, et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests consisting of an approximate 52,090 square foot portion in fee of the real properties described more particularly below in Section 4 and the interests of the owner of said properties in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of the real properties impacted by Phase II. The City seeks to acquire said property interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021-70, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910- 060-003, 910-060-009, & 910-060-015). Section 3. Authorization for Acquisition of Real Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the real property interests described more particularly below in Section 4 of this Resolution for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of I� law. J 3 Section 4. Subject Property Interests. The City seeks to acquire in fee an approximate 52,090 square foot fee portion of those certain vacant real properties located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, and identified as Riverside County Tax Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" attached hereto and incorporated herein by this reference. Larchmont Park, LLC is the record owner of said parcels. The City also seeks to acquire the interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910- 060-002 impacted by Phase II depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The approximate 52,090 square foot fee area described on Exhibit "A" and the interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II depicted on Exhibit "B" are referred to below collectively as the "Subject Property Interests". Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-15/I-215 junction; (3) provide alternative vehicular access to the I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; 4 Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in the number of full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Larchmont Park, LLC's interest in and to the structure/billboard located on APN 910-060-002 is the subject of this Resolution of Necessity. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/1-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase 1I is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I- 15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. The construction of these improvements are of regional significance. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to two billboard/outdoor advertising structures located on APNs 910-060- 002 and 910-060-004 in the City of Murrieta, including the interests of Larchmont Park, LLC in and to the billboard/outdoor advertising structure located on APN 910-060-002 impacted by Phase II. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject 6 Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, Larchmont Park, LLC, via hand delivery. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel of which the Subject Property Interests are a part. The offer package also explained the applicable zoning of the larger parcel of which the Subject Property Interests are a part. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of the fair market value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages and of the impacts of the Phase II on the subject billboard. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of Larchmont Park, LLC, up to $5,000, of an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, Larchmont Park, LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. Based on the discussions between the City and Larchmont Park, LLC, the City also sent a copy of the letter and Code of Civil Procedure Section 1245.235 notice to BTWB Jackson Street, LLC. The notice informed the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase Il; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase II. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests, consisting of an approximate 52,090 square foot area in fee and the interests of the record owner in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of an approximate 52,090 square foot area in fee described more particularly on Exhibit "A" hereto and the interests of the record owner in and to the outdoor advertising structure/billboard roughly depicted on Exhibit "B" hereto, including any lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase 11, are necessary for Phase lI; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to the owner pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase 11. Section 14. Authorization to File Eminent Domain Proceedin . The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase 11. The approximate 52,090 square foot fee area is described more particularly on Exhibit "A" and the outdoor advertising structureibillboard impacted by Phase 11 is depicted on Exhibit "B" hereto. Section 15. City Manager Authority, The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 141h day of December, 2021. Maryann Edwards, Mayor ATTE : Randi o-RT, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021-70 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 141h day of December, 2021, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 9 Exhibit "A" Legal Description of Approximate 52,090 Square Foot Fee Area (Caltrans Parcel 24624-1) EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEr:IECU LA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the following described LINE 'A": COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book -142 of Records of Survey, pages 89 through 104. in the Office of the County Recorder of Riverside County: thence along the line common to said lots South 48017'42„ West 494.16 feet to the freeway right of way and the southeasterly most corner of that certain parcel of land described in deed to the State of Califomia recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said corner being the southerly terminus of the segment of line described as South 31 °47'59T East 856.15 feet in said deed, said comer also being the POINT OF BEGINNING of said LINE 'W", thence departing said common line and proceeding along said freeway right of way and said segment of line North 31047'58" West 207.48 feet; thence departing said freeway right of way and said segment North 25°00'07 West 457.28 feet to the beginning of a curve concave southwesterly and having a radius of 3550.00 feet; thence along said curve through a central angle of 7008'21 " a distance of 442.34 feet; thence North 23059'51" West 175.08 feet; thence North 33028'38" West 212.63 feet: thence South 62"51'13' West 23.24 feet to the freeway right of way and the northeasterly line of that certain parcel of land described indeed to the State of California recorded February 24, '1975 in Book 1975, Page 21238 in said Official Records; thence along said freeway right of way and said northeasterly line North 27008'47° West '143.81 feet to the northerly most angle point of said northeasterly line, and the southerly most corner of that certain parcel of land described by Director's Deed recorded October 18, '1982 in Book 1982, Page 179874 in said Official Records-, thence North 27008'47" West 396.65 feet along said freeway right of way and the southwesterly line of said Directors Deed to the POINT OF TERMINUS of said LINE "A", said terminus being the intersection of said freeway right of way and the southwesterly right of way line of said Jackson Avenue_ Containing 52,090 square feet, more or less. Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway. 08-Riv-15-PM 8.3 1/2 11086-0204\2598817v1.doc EXHIBIT "A" LEGAL DESCRIPTION This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings. and distances used in the above description are based on the California Coordinate System of -1983, Zone 6. Divide distances shown by 0,99991351 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act_ Signature_ Professional Land Surveyor Date: September 14, 2021 08-Riv-15-PM 8.3 LAND �A. UP. 1 F /31 /21 !�G_ �F CAS 2/2 11086-0204\2598817v l .doc Exhibit "B" Rough Depiction of Subject Billboard Impacted by Phase II (Sign No. 33321) North Face r�7 SL-BJEC'T G�