Agenda

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C. 9

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:	925-313-2337
cc:	B. Saengchalern, TE H. Heard. Eng. M. Parkes, DCD EBRPD

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 the Chair of the Board of Supervisors to execute on behalf of the County, an Assignment of Easement, to assign East Bay Regional Park District (EBRPD) an easement to maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a 1.7-mile section 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 25365. Project No.: 0676-6P4009


DETERMINE that the easement is not required for County use.

RECOMMENDATION(S): (CONT'D)

FIND that assigning 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.


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.

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

FISCAL IMPACT:

CEQA fees will be paid by local road funds.

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 Carqueniz Road (formerly State Route 14) between the Crockett and Martinez areas. In 1983, the Contra Costa County Board of Supervisors (Board) authorized the indefinite closure of a 1.7 mile section of Carquinez Scencic Drive, between the Ozol Fuel Facility and the Contra Costa Brick Works Plant, 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.

The County and EBRPD entered into a Memorandum of Understanding for the Carquinez Scenic Drive trail improvement project (“Project”). The Project will consist of the conversion of the above-described 1.7-mile section of Carquinez Scenic Drive to a Class I multi-use bicycle/pedestrian trail. By a separate action on this date, the Board of Supervisors adopted a resolution vacating the above-described section of Carquinez Scenic Drive, and reserving an easement therein to maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across that section of roadway. EBRPD has requested that the County assign it that reserved easement to enable EBRPD to proceed with the Project. The easement is more particularly described in Exhibit A, attached hereto and incorporated herein by reference.

The easement is not required for County use and Public Works Department staff recommends that the Board of Supervisors approve the assignment of the easement to EBRPD. Notice of the intent to assign the easement to EBRPD was published in the Contra Costa Times at least one week prior to this Board meeting, as required by Government Code sections 6061 and 25365.

CONSEQUENCE OF NEGATIVE ACTION:

The County will continue to be responsible for maintenance and repairs to the above-described easement that the County reserved when it vacated Carquinez Scenic Drive.

CHILDREN'S IMPACT STATEMENT:

Not applicable