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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 6, 2010 <br />TITLE: <br />ACQUISITION OF RIGHT-OF-WAY FOR <br />THE OCTA AT-GRADE RAIL SAFETY <br />ENHANCEMENTS (PROJECT NO. 091745) <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 15' Reading <br />? Ordinance on 2"d Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute the attached acquisition <br />agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, <br />with CP ARBORS APARTMENTS, LLC for the purchase of a portion of the property located at <br />1100 East Fairhaven Avenue in the amount of $51,290, and MULLER-Rock-1 LLC for the <br />purchase of a portion of the property located at 1766 East McFadden & 1261 South Lyon in the <br />amount of $30,000. <br />DISCUSSION <br />On October 20, 2008, City Council approved a cooperative agreement with the Orange County <br />Transportation Authority (OCTA) for the Grade Crossing Enhancement Program at ten crossings in <br />the city. Improvements include medians, roadway signing and striping, pedestrian gates, and other <br />vehicular gate enhancements. OCTA is the lead agency for this project and the City has a <br />12 percent share of the costs. <br />The purpose of this program is to enhance railroad safety and to make the streets and roads safer <br />for the community. To install the improvements at the crossings located at Fairhaven and <br />McFadden, OCTA determined that partial acquisition of three parcels will be required - at 1100 <br />East Fairhaven Avenue, 1766 East McFadden & 1261 South Lyon (Exhibit 1). The compensation <br />amount is the appraised value prepared by an appraiser licensed in the State of California. <br />ENVIRONMENTAL IMPACT <br />A Notice of Exemption and Categorical Exemption - Class 1 (f): Safety Protection Devices (ER # <br />2008-159) has been prepared for the project and is consistent with both of these agreements. <br />25K-1