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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MAY 3, 2010 <br />TITLE: <br />ACQUISITION OF RIGHT OF WAY FOR <br />THE OCTA AT- GRADE RAIL SAFETY <br />ENHANCEMENT PROJECT <br />(PROJECT 091745) <br />mr�vwz"offfl � <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 2nd 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 agreement, <br />subject to non - substantive changes approved by the City Manager and City Attorney, with John M. <br />Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. Dated July 1, 1987, for <br />the purchase of a portion of the property located at 1701 E. McFadden Avenue the amount of <br />$28,500. <br />DISCUSSION <br />On October 20, 2008, City Council approved a cooperative agreement with Orange County <br />Transportation Authority (OCTA) for the At -Grade Crossing Enhancement Program at ten crossings <br />in 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 matches 12 <br />percent of the costs and is responsible for acquiring the right -of -way on OCTA's behalf. <br />The purpose of this program is to enhance railroad safety and make the streets and roads safer for <br />the community. One of the railroad crossings to be enhanced as a result of this program is at <br />Seventeenth Street. To install the improvements at this crossing, OCTA determined that acquisition <br />of 416 square feet will be required from the property at 1701 E. McFadden Avenue. The <br />compensation amount is the appraised value prepared by an appraiser licensed in the State of <br />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 />25J -1 <br />