Agenda

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C. 15

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	July 26, 2022

Contra

Costa

County

Subject:

Accept Quitclaim Deed, Convey Grant of Easement and Execute the Real Property Agreement between the District and Fujii Nursery Company, et al.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/26/2022

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Olivia D. Reynolds-Freeman (925.957.2462)

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: July 26, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (“District”), ACCEPT the Quitclaim Deed from Fujii Nursery Company, et al. (“Grantee”) as necessary to remedy access for 541 Davilla Road, in the unincorporated area of the City of Richmond, as recommended by the Chief Engineer. (Project No. 7505-6F8336)


APPROVE the conveyance of a Grant of Easement over a portion of APN 409-300-036 to Grantee for access to 451 Davilla Road, in the unincorporated area of the City of Richmond.

RECOMMENDATION(S): (CONT'D)

DETERMINE that the conveyance of the easement will not substantially conflict or interfere with District’s use of the property. The California Environmental Quality Act (CEQA) applies to those activities that are considered “projects” under the law. A project is defined as an action that has the potential for direct physical change in the environment or reasonably foreseeable indirect physical change in the environment (Section 15378, CEQA Guidelines). Simple transfers of ownership from the District to Fujii Nursery Company, et al, where operation and maintenance of the property remains the same has no potential for direct physical change in the environment or reasonably foreseeable indirect physical change in the environment; therefore, the action (transfer of ownership) would not be considered a project and would not be subject to CEQA.

AUTHORIZE the Chief Engineer, or designee, to execute the Real Property Exchange Agreement between the District and Grantee, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act.

DIRECT the Real Estate Division of the Public Works Department to deliver a certified copy of this Board Order with the Grant of Easement to the Grantee for acceptance and recording in the Office of the County-Clerk Recorder, and DIRECT the Real Estate Division to have the Quitclaim Deed from the Grantee recorded in the Office of the County-Clerk Recorder.

FISCAL IMPACT:

100% Flood Control District Funds.

BACKGROUND:

In order for the District to remedy the lack of access to the Fujii Nursery Company, et al. property, the District has agreed to grant an easement to Grantee along a portion of Davilla Road, identified as APN 409-300-036. In exchange, the Grantee, has to quitclaim their interest in a portion of APN 409-300-002 to the District and enter into a Real Property Exchange Agreement with the District.

In 1986, the District purchased ±2.7 acres of real property identified as APN 409-300-011, described as Parcels 1 and 2 in the Grant Deed, recorded on December 31, 1986, Book 13359 Page 667, which became current APN 409-300-036 from Fujii Nursery to construct a basin and widen the channel at Wildcat Creek in the Richmond area. Prior to the District acquiring the land, the Grantee possessed a 30-foot wide “Right of Way for Road Purposes” along the easterly boundary of the District’s property for access to the adjacent property identified as APN 409-300-002. Following the District’s purchase of the property, the prior easement was physically terminated by the District due to the construction of the basin and widening of the channel. In addition, the bridge spanning Wildcat Creek was removed leaving Grantee with no legal access to their property.

CONSEQUENCE OF NEGATIVE ACTION:

If the District does not convey the Grant of Easement, the Grantee’s property will continue to be landlocked, and they will not have legal access to their property.