Agenda

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C. 4

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	August 11, 2020

Contra

Costa

County

Subject:

Conveyance of a Grant of Easement to East Bay Regional Park District for maintenance and trail purposes, Walnut Creek area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/11/2020

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:	Michael Serrano, 925. 957-2489
cc:	Wiley Osborn, PW Information Technology Ed Turner, Flood Control Division

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: August 11, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

As the governing body of the Contra Costa County Flood Control and Water Conservation District (District), RESCIND the Board action of March 10, 2020 (C.7) and APPROVE the conveyance of a new Grant of Easement to East Bay Regional Park District (Park) in Walnut Creek identified in Exhibit “A” of the Grant of Easement, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act and pursuant to Government Code Section 25526.6.


DETERMINE that the conveyance of the trail easement is in the public interest and will not substantially conflict or interfere with the District’s use of the property.

RECOMMENDATION(S): (CONT'D)

AUTHORIZE the Chair, Board of Supervisors to execute the Grant of Easement on behalf of the County in consideration for the payment received in full in the amount of One Thousand Dollars ($1,000).

DIRECT the Real Estate Division of the Public Works Department to cause said Grant of Easement to be delivered to the Grantee for acceptance and recording in the Office of the County Clerk-Recorder.

FISCAL IMPACT:

$1,000 to be deposited into Flood Control Zone 3B funds.

BACKGROUND:

The District issued an encroachment permit to the Park to repair a slide located along the segment of Stage Road Trail that crosses the western portion of the District’s fee title property because they do not have a trail easement. On March 10, 2020, the Board of Supervisors approved a Grant of Easement to the Park, which did not include trail rights for public use for that portion. In order for the Park to maintain and operate the portion of the trail located on District property and include trail rights for public use, it is necessary for the District to convey a revised easement to the Park.

CONSEQUENCE OF NEGATIVE ACTION:

The Park would not have the permanent land and trail rights in order to maintain the portion of the trail they are responsible for.