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Home My WebLink AboutMINUTES - 08101993 - 1.2 / 2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: AUGUST 10, 1993 SUBJECT: AGREEMENT FOR ALIGNMENT OF THE IRON HORSE TRAIL ON THE FORMER SOUTHERN PACIFIC RIGHT OF WAY WITHIN THE CITY OF SAN RAMON Project No.: W.O. 5575 Task: ACID Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Agreement with the City of San Ramon and AUTHORIZE Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. III. Reasons for Recommendations and Background: The City of San Ramon has requested that the Iron Horse Trail be placed down the center of the former Southern Pacific Right of Way between Bollinger Canyon Road and Pine Valley Road. The County has generally reserved the center of the corridor for future transportation purposes. However, the City has concerns about electromagnetic radiation from PG&E's facilities to the east and estimates additional construction costs of three to four hundred thousand dollars if the Trail is built on the west side. By this Agreement, the County allows the City to construct the Trail along the center of the corridor as an interim location. If a future transportation project requires, the City will relocate the Trail at its sole expense and agrees not to take any action to prevent or delay the relocation of the Trail. IV. Consequences of Negative Action: County will not be protected against the potential cost of refunding grant monies to the State and the cost of relocating the Trail in conjunction with a_fu�ttuure transportation project. Continued on Attachment: SIGNATURE: %fix `► � ' _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AUG 10 1993 APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS Ll UNANIMOUS (ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a hue and correct Copy yt an action taken and entered on the minutes of the NW:glo Board of Supe Are oithe data shhOwn. c:130a10.t8 ATTESTED: A U 1993 Orig. Div: Public Works (R/P) PHIL BATCHELOR.Clerk of the Board of Supervisors and un Administrator Contact: Nancy Wenninger (313-2227) cc: County Administrator ay , P. W. Accounting AGREEMENT FOR ALIGNMENT OF THE IRON HORSE TRAII. WITHIN THE CITY OF SAN RAMON This Agreement is made and entered into this day of 1993, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter referred to as "County," and the CITY OF SAN RAMON, a municipal corporation, hereinafter referred to as "City." This Agreement is made with reference to the following facts: County is the owner of a corridor, hereinafter referred to as "the Property," which was previously occupied by the San Ramon Branchline of the Southern Pacific Railroad. Within the City's limits, said Property extends from Fostoria Way south to the Alameda-Contra Costa County line. County acquired the Property using state transportation grant funds specifically for the purchase of land for future transit purposes. County is in the process of developing the Property for transportation, utility and other purposes. Possible transportation uses include fixed rail, busway, and bicycle/pedestrian trails. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed in the Property. Where space permits, the Property can be used jointly for mass transit and trail. Where space is limited, however, mass transit shall be the primary use and all other uses shall be considered interim and temporary. County has granted EAST BAY REGIONAL PARK DISTRICT a license to construct and maintain the SAN RAMON VALLEY/IRON HORSE TRAIL within the Property. This public trail, hereinafter referred to as "the Trail," is a component of the transportation system designed for pedestrians, equestrians, bicycles and other non-motorized vehicles only. The Trail is twenty feet wide within the Property and contains a rock, asphalt or concrete path, shoulders, signs, drainage facilities, wetlands, bridges, and barrier fencing or walls. NOW, THEREFORE, the parties agree as follows: 1. County agrees that the City may construct the Trail along the center of the Property or at other location approved in advance in writing by County, so long as such location does not conflict with previously approved uses, such as utilities, flood control facilities, drainage facilities or wetland areas. City agrees that such location within the Property is interim and temporary only, since a future project on the Property for transit transportation purposes may require relocation of the Trail. City agrees to promptly relocate the Trail at City's sole expense when the project alignment has been approved and the project has been funded. Alternatively, City may elect to pay for any necessary Trail relocation, in which case City shall promptly pay to County upon demand all expenses incurred for such relocation. 2. Should Caltrans ever determine that the interim Trail location precludes the primary transit use of the Property and demand the return of all or any portion of the grant funds or threaten to impose any other sanctions against County, City shall, at its sole expense, promptly relocate the Trail or otherwise resolve the matter with Caltrans so that the grant funding is not jeopardized and County does not incur any other sanctions. 3. City agrees not to initiate or join any legal or administrative proceedings against County, or to take any other action, to prevent or delay the relocation or removal of the Trail. In addition, City acknowledges. the interim and temporary nature of the Trail, County's parAmourt title to the Property, or County's permanent and primary uses of the Property. 4. County shall consider amending the General Plan to emphasize the Trail as a component of the Transportation System. City agrees to pay $3,500 which is estimated to be twenty-five percent (25%) of the cost of sponsoring a General Plan Amendment. A 5. This Agreement shall inure to the.benefit of and be binding upon the successors and assigns of both parties. 6. This Agreement shall be subject to amendment only with the written approval of both parties. 7. This Agreement contains the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior understandings or agreements, oral or written, of whatsoever nature relating to the same subject matter are superseded by this Agreement and are of no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. CCNTRA COSTA COUNTY CITY OF SAN RAMON .Y,Ey: Ey. C�V�irc Chair, Board of Supervisors Mayor ATTEST: Phil Batchelor, Clerk of the Board ATTEST: City Clerk of Supervisors and County Administrator By: AAttZaA By: Deputy Clerk 0 *rk FORM APPROVED: Victor J. Westman, Approved as to form: County Counsel By: 1AVX1 J441ily 14 Deputy Byron Athan City Attorney STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On Aug 1St 1.0. 1_993 , before me, Phil Batchelor, Terms and conditions have been Clerk of th.e Board of Supervisors and County reviewed and approval recommended: - Administrator, Contra Costa County, personally appeared Tom Torlakson who is personally known to me (or proved to me on the basis of satisfactory evidence), to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged t / f Eorio, Director me that he/she/they executed the same in his/her/the and Cormunity Services authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: Deputy Clerk r� RVF/NW:pe c:1HT SR.Agr July 12, 1993