Agenda

Return

C.18

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	April 21, 2009

Contra

Costa

County

Subject:

Contract and Grant of Easement with the U.S. Bureau of Reclamation, Bay Point area. [PW#83-111 June 3, 1986] Project No. 7574-6D8718

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/21/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Carla Peccianti, 313-2222

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: April 21, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a “Contract and Grant of Easement” with the United States of America, acting by and through its Bureau of Reclamation (Bureau), and Contra Costa County (County) for the use of Bureau Right of Way.


DIRECT the Real Property Division to cause said Contract and Grant of Easement to be delivered to Contra Costa Water District (District), agent for the Bureau, for acceptance and for recording in the Office of the County Recorder.

FISCAL IMPACT:

There is no impact to the County General Fund. Funding will be 100% from Lyon Vista Del Mar 533, LLC (Developer), Subdivision 8448. The Developer will pay $22,410 to the Bureau for the easement rights as part of their offsite improvement costs.

BACKGROUND:

The Developer is constructing Subdivision 8448 in Bay Point. As a condition of approval, the City of Pittsburg (City) has required the Developer to construct and install certain off-site improvements. On November 14, 2006, the Board approved the Agreement allowing the Developer to acquire the right of way necessary for the off-site storm drain installation. The Developer has constructed ± 3930 lineal feet of storm drain pipeline that crosses several different properties. One of the crossings is underneath the Contra Costa Canal (Canal) which is operated and maintained by the District and owned by the Bureau. Contra Costa County and the Bureau agreed to enter into a License Agreement for the temporary rights to enter and construct the storm drain pipeline while working on the permanent easement rights. The easements rights have been worked out and the Bureau is now ready to grant those rights to the County under the Contract and Grant of Easement. The original License Agreement will expire upon execution of said Contract and Grant of Easement with the County.

CONSEQUENCE OF NEGATIVE ACTION:

The County will not have the rights to be able to maintain and operate the storm drain system under the District’s and Bureau’s Canal.