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C. 6
To: Board of Supervisors
From: Julia R. Bueren, Public Works Director/Chief Engineer
Date: February  11, 2014
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: APPROVE Resolution of Intention to vacate a portion of Orwood Road (Road #8963), Discovery Bay area. (CP 12-21)

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/11/2014
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: Jann Edmunds (925) 313-2250
cc: Property Owners    
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  11, 2014
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution of Intention No. 2014/50 to vacate a portion of Orwood Road (Road #8963), which is more particularly described in Exhibit “A” attached hereto pursuant to Chapter 3, "General Vacation Procedure,” of Part 3 of Division 9 of the Streets and Highways Code. (Project No.: 0662-6R2515)  
  

DECLARE that this Board will meet on March 11, 2014 at 9:30 a.m. or thereafter, in the Board’s Chambers, County Administration Building, Martinez, California, to hear evidence offered by any interested party as to whether this area is unnecessary for present or prospective public use.   

RECOMMENDATION(S): (CONT'D)
  
DIRECT the Real Estate Division of the Public Works Department to post notice of the hearing on the proposed vacation and a copy of the Resolution of Intention conspicuously along the line of the portion of Orwood Road to be vacated in accordance with Streets and Highways Code section 8323; and to cause notice of the hearing on the proposed vacation to be published in the Contra Costa Times once a week for two consecutive weeks prior to the March 11, 2014 hearing, in accordance with Streets and Highways Code, Section 8322.  

FISCAL IMPACT:

100% Road Funds

BACKGROUND:

Orwood Road (Road #8963) is a local road approximately 2.7 miles long located in the Discovery Bay area. The roadway runs west to east from Bixler Road to the Delta. Approximately 2.5 miles east of Bixler Road the roadway crosses the East Bay Municipal Utility District (EBMUD) Mokelumne Aqueduct. The Mokelumne Aqueduct consists of 3 pipelines elevated above the ground. The roadway at this location (overcrossing) crosses up and over the pipelines on imported fill. The overcrossing which was constructed by EBMUD does not meet current Contra Costa County (County) standards. It consists of narrow travel lanes, sharp curves, steep grades, and adverse super elevation. The County roadway terminates approximately 1,000 feet east of the overcrossing and approximately 1,000 feet west of Cruiser Haven Marina.  
  
The County has historically provided maintenance of the overcrossing and adjacent roadway east of the overcrossing. In 2007, the County entered into a Joint Exercise of Powers Agreement (JEPA) with East Bay Municipal Utility District (EBMUD) to study improvements at the overcrossing along Orwood Road. In accordance with the JEPA, the County sent EBMUD a Final Study Report in 2008 presenting alternative improvements for the overcrossing.  
  
Upon further review of the right-of-way along the roadway, County survey staff recently verified that EBMUD owns the overcrossing. In 2011, the County notified EBMUD that maintenance would no longer be provided for the overcrossing, described in the Grant Deed recorded December 6, 1951 in Book 1861 of Official Records, at Page 515. The County has offered to accept a road easement from EBMUD for the overcrossing, if EBMUD were willing to bring the overcrossing up to current County standards or fund one of the alternatives identified in the Final Study Report. EBMUD has indicated that they do not have the financial capacity to make improvements to the overcrossing and they intend to maintain the overcrossing in its current state.  
  
The existing County easement east of the overcrossing, approximately 1,000 feet long, is not contiguous to the rest of the County roadway. The County intends to vacate this easement and end all road maintenance activity east of the overcrossing.  
  
On October 16, 2012, a Public Hearing for the vacation of a portion of Orwood Road was held at the Board of Supervisors; however, no action was taken on the item. Staff was directed to obtain additional information. Since then, traffic counts have been collected at the site and project maps have been revised for a clearer depiction of the proposed portion of Orwood Road recommended for vacation. Public Works staff has attempted to contact all adjacent property owners and notify them of the proposed vacation of a portion of Orwood Road. The County vacating this portion of Orwood Road will have no effect on the current ownership of the property or access to adjacent properties. The County intends to continue maintenance of Orwood Road west of the overcrossing.   

CONSEQUENCE OF NEGATIVE ACTION:

The County would continue to maintain an area unnecessary for public use.   

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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