Agenda

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C. 1

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works
Date:	December 11, 2012

Contra

Costa

County

Subject:

Assignment of Easement to East Bay Regional Park District, Martinez area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/11/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Angela Bell (925) 313-2337
cc:	M. Flores, Real Estate Division B. Saengchalern, Transportation Engineering H. Heard, Enviromental M. Parks, Dept of Conservation & Development M. Reeves, East Bay Regional Park District J. Townsend, East Bay Regional Park District

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: December 11, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE an Assignment of Easement from Contra Costa County (County) to East Bay Regional Park District (EBRPD) which assigns 1.7 miles of excess County road right of way, identified as a portion of Carquinez Scenic Drive, located between the Ozol Fuel Facility and the Contra Costa Brick Works Plant, in accordance with the Memorandum of Understanding between the County and EBRPD and pursuant to Government Code Section 25526.6 and Division 9, Part 3, Chapter 5 of the Streets and Highway Code, commencing with Section 8340 (d). Project No.: 0676-6P4009


DETERMINE that the conveyance of said Assignment of Easement is in the public interest and will not substantially conflict or interfere with the County’s use of the property.

RECOMMENDATION(S): (CONT'D)

FIND that assigning a portion of the easement does not have a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 5, section 15061(b)(3).

DIRECT the Department of Conservation and Development Director, or designee, to file a Notice of Exemption with the County Clerk and DIRECT the Public Works Director, or designee, to pay the Department of Conservation and Development $25.00 to process the Notice of Exemption, and pay the County Clerk $50.00 to file the Notice of Exemption.

AUTHORIZE the Chair, Board of Supervisors, to execute said Assignment of Easement on behalf of the County.

DIRECT the Real Estate Division of the Public Works Department to deliver a certified copy of this Board Order and the Assignment of Easement to EBRPD for acceptance and recording in the office of the County Recorder.

FISCAL IMPACT:

No Fiscal Impact.

BACKGROUND:

In 1953, The California Highway Commission, by Resolution recorded October 28, 1953 in Book 2215 of Official Records at Page 279, relinquished to the County real property on Carquinez Road (formerly State Route 14) between the Crockett and Martinez areas. EBRPD has requested an assignment of that certain easement, described in Exhibit “A” for vehicular and non-vehicular trail purposes.

In 1983, the Contra Costa County Board of Supervisors (Board) authorized the indefinite closure of the 1.7 miles of road due to storm damage. On November 30, 2004, the Board adopted Traffic Resolution No. 2004/4093 approving the closure of the road in order to prevent nighttime criminal activity.

EBRPD is proposing a trail project that includes the closed 1.7 mile section of Carquinez Scenic Drive. EBRPD will convert the two-lane roadway into a Class I multi-use bicycle/pedestrian trail and existing pavement will be repaired with slope stability improvements. EBRPD has requested that the County assign its easement rights to them.

The 1.7 miles of County road right of way as described in Exhibit “A” is proposed to be vacated after the assignment of the easement.

CONSEQUENCE OF NEGATIVE ACTION:

The County will continue to be responsible for maintenance and repairs to Carquinez Scenic Drive.

CHILDREN'S IMPACT STATEMENT:

Not Applicable.