Agenda

Return

C. 7

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	May 9, 2023

Contra

Costa

County

Subject:

Agreement and Grant of Non-Exclusive Easement Deed from the State of California in connection with the Morgan Territory Road Slide Repair Project

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/09/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Brandon Mielke (925) 957-2489

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: May 9, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of the County, the Agreement and Grant of Non-Exclusive Easement Deed (Easement) between the County and the State of California conveying to the County a perpetual easement for access and maintenance of subsurface soil tieback anchors on a portion of Assessor’s Parcel Number 078-120-041 in connection with the Morgan Territory Road Slide Repair Project, Clayton area.


AUTHORIZE the Public Works Director, or designee, to ACCEPT the Easement on behalf of the County.

FISCAL IMPACT:

This project is funded by 100% Local Road Funds.

BACKGROUND:

On March 7, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair the damaged portion of Morgan Territory Road, approximately one mile south of Marsh Creek Road. The road was damaged as a result of rains in January and February that triggered a landslide causing significant earth movement across the road.
The triggering storm events were cited in both Federal and State emergency declarations.

The Contra Costa County (County) Public Works Department obtained a Right of Entry Permit from State Parks for the Morgan Territory Road Slide Repair Project (Project) in order to install permanent subsurface tieback soil anchors and to access State Parks land during construction to complete work associated with the planned road repairs. The Permit served as interim until a permanent Easement could be secured from the State. As a condition of the Easement Deed, the County is required to indemnify and hold harmless the State, its officers, directors, agents, and employees (Indemnitees) from and against any and all claims that arise from the work covered by the Easement, unless the claim arises from the sole negligence or willful misconduct of the Indemnitees.

CONSEQUENCE OF NEGATIVE ACTION:

Failing to comply to Right of Entry prerequisites, Contra Costa County would not hold easement rights.