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Home My WebLink AboutMINUTES - 09121995 - C5 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 12, 1995 SUBJECT: AGREEMENT FOR ALIGNMENT OF THE IRON HORSE TRAIL ON THE FORMER SOUTHERN PACIFIC RIGHT OF WAY FROM MT. DIABLO BLVD. TO CIVIC PARK IN THE CITY OF WALNUT CREEK Project No.: W.O. 5575 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8' ACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Agreement with the City of Walnut Creek and AUTHORIZE Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON i� ia1 19 9s" APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: NOES: 1 hereby certify that this Is a true and correct copy of ABSENT: = ABSTAIN: an action taken and entered on the minutes of the Board of SupervDisors an the date shown. ATTESTED: u 1 / 19%_ NW:glo PHIL BA11CHELOR.Clerk of the Board ' g:\realprop\temp\Boa12.t9 of Supervisors and County Administrator Orig. Div: Public Works(R/P) Contact: Nancy Wenninger (313-2227) ` cc: County Administrator W ALA 11 PA Deputy P.W.Accounting Agreement for Alignment-Iron Horse Trail September 12, 1995 Page Two III. Background and Reasons for Recommendations: The City of Walnut Creek has requested that the Iron Horse Trail be placed along the westerly side of the former Southern Pacific Right of Way between Mt. Diablo Boulevard and Civic Park. A future project on the property may require relocation of the Trail. By this Agreement, the County allows the City to construct the Trail along the westerly side as an interim location. If a future 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 future transportation project. AGREEMENT FOR ALIGNMENT OF THE IRON HORSE TRAIL (Mt. Diablo Blvd. to Civic Park) This Agreement is made and entered into this day of , 1995, by and between CONTRA COSTA COUN'T'Y, a political ivision of the State of California hereinafter referred to as "County," and the CITY OF WALNUT CREEK, a municipal corporation organized and existing under the laws of the state of California 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 Branch Line of the Southern Pacific Railroad. Within the City's limits, said Property extends from Walden Road south to Rudgear Road. County acquired the Property using state transportation grant funds specifically for the purchase of land ("the Property"), 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. The City is constructing portions of the Trail within the licensed area. NOW, TfRORE, the parties agree as follows: 1. County agrees that the City may construct the Trail along the west side of the Property from Mt. Diablo Blvd. to Civic Park 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 AGREMaU FOR ALIGM= OF THE IRON HORSE TRAIL Page 2 is interim and temporary only, since a future project on the property for transit or other 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 or abandon 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 for a future county project. In addition, City ad<nowledges the interim and temporary nature of the Trail, County's paramount title to the Property and 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. 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 wHERmF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. AGREEMENT FOR ALIGNMU OF THE IRON HORSE TRAIL Page 3 CONTRA COSTA COUNTY CITY OF WAUgW CREEK By Chair, Bbard of Super#sors Mayor ATTEST: Phil Batchelor, Clerk of ATTEST: City Clerk the Board of Supervisors and County Administrator By: By: 2"4.27V Deputy c ; FORM APPROVED: Victor J. Westman, REVIEWED BY: County Counsel By: City Attorney STATE OF CALIFORNIA ) PIMMMENDED BY COUNTY OF CONTRA COSTA ) On September 12, 1995 before me, Phil Batchelor, Clerk of the Board of Supervisors and Administrator, Contra Costa A City Engineer County, personally appeared Oj Gavle Bishopwho is personally awn 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 instnnnent and acknowledged to me that he/she/they executed the same in>his/.her/their authorized capacity:(ies)__, and that by his/her/their signature(s)-'6h the inst lmnent the person(p) , or-the entity upon behalf of, which the �person(s) acted, executed the--irist-- mient. 1 J . Deputy Cl doc 707 Ler)93]/Jms