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C. 2

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	February 7, 2012

Contra

Costa

County

Subject:

APPROVE the Conveyance of Grants of Easements to East Bay Regional Parks District, Byron area, Work Order No.4054

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/07/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

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

ABSENT:

Gayle B. Uilkema, District II Supervisor

Contact:	David Kramer; (925) 313-2227
cc:	Real Property Division, Sheila Minor

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: February 7, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE the conveyance of Grants of Easements to East Bay Regional Parks District (Parks), pursuant to Government Code Section 25526.6.


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

RECOMMENDATION(S): (CONT'D)

AUTHORIZE the Public Works Director, or designee, to execute the Grants of Easements on behalf of the County.

DIRECT the Real Property Division of the Public Works Department to cause said Grants of Easements to be delivered to the grantee.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

In, 1994 the Contra Costa Water District (Water District) constructed the Los Vaqueros Reservoir Project. In order to construct the reservoir, a portion of existing Vasco Road was relocated and a new section of roadway (Replacement Roadway) was constructed that included undercrossings that would allow adjacent land owners access to their property that had been cut off by the Replacement Roadway.

A Cooperative Agreement (Agreement) was entered into on February 15, 1994 between the Water District and the County to provide for the design, construction ownership and maintenance of the Replacement Roadway. The Agreement was amended once on April 2, 1996 and a second time on November 19, 1996.

On October 08, 2008 the County accepted all rights and responsibility for the Replacement Roadway from the Water District with exception of the undercrossings which the Water District held as easements.

The Agreement was amended a third time On March 23, 2010. Under the third amendment to the Agreement, the Water District agreed to make a final payment to the County as reimbursement for costs incurred by the County for the Replacement Roadway. The County agreed to accept a Quitclaim Deed from the Water District relinquishing the Water District’s interests in and maintenance responsibilities to the undercrossing easements once the final payment to the County was made. County also agreed to grant, upon request from any owner of land adjacent to any of the undercrossings located at station numbers 141, 225, 309, 422 and 620 along the Replacement Roadway, an easement to the requesting property owner upon terms mutually agreeable to the County and such property owner.

The Water District has submitted its final payment to the County and on April 4, 2010 the County accepted a Quitclaim Deed from the Water district relinquishing the Water District’s interests in and maintenance responsibilities to the undercrossing easements.

Parks, as an owner of land adjacent to the undercrossings located at station numbers 309 and 422, has requested that the County grant Parks easements for the use of two undercrossings along the Replacement Roadway.

CONSEQUENCE OF NEGATIVE ACTION:

County will not be in compliance with the Cooperative Agreement as amended in March 23, 2010.

CHILDREN'S IMPACT STATEMENT:

Not applicable.