RECOMMENDATION(S): (CONT'D)
ACCEPT the Grants of Ingress and Egress Easements from Pinole and The Kivelstadt Group (TKG); and
ADOPT Pinole’s previously adopted Mitigated Negative Declaration for the Pinole Valley Shopping Center Project (Project) to address necessary land transactions in compliance with the California Environmental Quality Act (the custodian of which is the Department of Conservation and Development located at 30 Muir Road, Martinez); and
DIRECT the Director of the Department of Conservation and Development to file a Notice of Determination; and
DIRECT the Public Works Director, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Determination; and
DETERMINE that the conveyance of said easement is in the public interest and will not substantially conflict or interfere with the FC District’s use of the property.
DIRECT the Real Property Division of the Public Works Department to cause said Grants of Easements and Quitclaim Deed to be delivered to Pinole for acceptance and recording in the office of the County Recorder.
DIRECT the Real Property Division of the Public Works Department to have the Grants of Ingress and Egress Easements from Pinole and TKG recorded in the office of the County Recorder.
FISCAL IMPACT:
This project is funded 100% by Flood Control Zone 9 funds (fund 253200).
BACKGROUND:
The City of Pinole Redevelopment Agency, in a partnership with TKG, has developed Assessors Parcels Numbers 401-310-005, 401-310-003, 401-310-017, 401-310-018 and 401-310-019 (Property) into a commercial shopping center with frontage along Pinole Valley Road. In February of 2011, The City of Pinole Redevelopment Agency transferred all of its interest in the Property to Pinole. The FC District has an Easement over the Property that does not provide adequate access to Pinole Creek from Pinole Valley road. Pinole requires a storm drain easement from the District to allow adequate drainage for the Property.
The FC District has agreed to quitclaim its current easement rights over the Property and grant the storm drain easement to Pinole in exchange for Ingress and Egress Easements from Pinole and TKG that would give the FC District adequate access to Pinole Creek from Pinole Valley Road as well as from Pinole owned Assessor’s Parcel Number 430-461-025 located on the north side of Pinole Creek along Sarah Court.
CONSEQUENCE OF NEGATIVE ACTION:
The FC District will not have adequate access to Pinole Creek over the Property and Pinole will not have adequate easement rights for drainage of the Property.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.