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Home My WebLink AboutMINUTES - 08052003 - C.25 V TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: AUGUST 5, 2003 SUBJECT: APPROVE AND ACCEPT RIGHT OF ENTRY FROM EMERSON DAIRY, INC. Oakley area. District V. [CP# 0 -22]. Project No.: 7521-6f9200 Task: ACQ Account: 3540 I. Recommended Action: A. APPROVE and ACCEPT the Right of Entry from Emerson Dairy Inc. B. AUTHORIZE Chief Engineer, or designee, to execute said Right of Entry on behalf of the District. 11. Financial impact: Funded by Flood Control Zone 1 Funds (100%). Ill. Reasons for Recommendations and Background- The Marsh Creek Levee and Bank Repair project consists of two sites along Marsh Creek, both located north (downstream)of the creek's crossing with East Cypress Road in Eastern County, City of(Oakley. A portion of the work at Site 1, which is located approximately one mile north of East Cypress Road, consists of rebuilding the failing eastern levee. This levee is fairing due to a deep clay layer located under this portion of the creek. The existing levee is sliding into the creek on this slick clay layer, putting the adja property owners at risk. Continued on Attachment: X SIGNATURE --RECOMMENDATION OF COUNTY ADMINIST TO "%COMMENCDATION OF BOARD COIVIMITtW 0-PROVE OTHER SIGNATURE(i -~ "'; ACTION OF BA I�ON AUG. 05, 2003 µAPPROVED AS RECOMMENDED xx OTHER VOTE OF $ ? VISORS xx 'UNANIMOUS (ABSENT_NONE AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the OR.eh date shown. G.\GrpDataNRealProp12003-Files\130s&RES\80 Marsh geek Levee.doc ATTESTED: AUGUST 05 2003 Orig. Div: Public Works(RIP) Contact: Olivia C3. Reynolds(313-23036) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(vis R/P) By ,co Deputy P.W. Accounting Recorder(via R/P) Subject: Approve And Accept Might Of Entry From Emerson Dairy, Inc. Date: August 5, 2003 Page: 2 Ill. Reasons for Recommendations and Background; (Continued) The repair for the eastern levee consists of setting back the levee approximately 30 feet from its current location. In order to do this, the County needs to acquire rights from the adjoining landowner. IV. Consequences of Negative Action; Non-concurrence of the above recommendation will delay repair of the Marsh Creek levee until 2004, resulting in further levee failure and additional creek bank erosion. Continued levee failure will put the neighboring property owners at heightened flooding risk and result in continued damage to the East Bay Regional Park District trail, potentially severing the trail. loss of the trail Would cut-off maintenance access to the lower portions of Marsh Creek. k RIGHT 4F ENTRY Contra Costa County Flood Control & Water Conservation District Public Works Department Real Property Division Project: Marsh Creek Levee and Bank Repair 255 Glacier Drive Project No.: 7521 --6F92OO Martinez, CA 94553 Parcel: 037-191-0199 Effective on August 1, 2003, permission is hereby granted by Owner to enter upon our land, as outlined on the map attached hereto and made a part hereof, for the purpose of the Marsh Creek:levee and bank repair and accomplishing all necessary incidents thereto. It is understood that this permission is not a waiver in any way of the right to compensation for such land or of any remedy authorized by law to secure payment therefor. This permission is granted on the understanding that you will hereafter without unneces- sary delay negotiate with the undersigned, and any other person, if any, having any right, title or interest in said property, to agree upon terms of compensation, and that, if any agreement cannot be reached,you will promptly commence eminent domain proceedings to have such compensation determined. This permission is granted in consideration of the location, improvement and construction of such facilities and incidents thereto, which it is understood is required by the Contra Costa County Flood Control and Water Conservation District("District"), and shall continue in effect until all property rights required for the project have been acquired or until a reasonable time after you have been requested by the undersigned, or any successor in interest, to commence eminent domain proceedings. Section 1245.235 of the Code of Civil Procedures requires the Contra Costa County Board of Supervisors, as the governing body of the CCCF &WCD, to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the Board of Supervisors and be heard on the matters referred to in Section 1240.030, 1240.510 and 1240.610 of the Code of Civil Procedure,which provides that the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. (e) And, where some of the property to be acquired is appropriated to a public use, that the proposed use is a more necessary use than the use to which the property is now put, or a compatible public use. 1 The District shall take all reasonable precautions to avoid damage to Owner's property and to protect persons and other property from damage or injury. Owner assumes no liability for loss or damage to property or injuries to or deaths of agents, contractors, employees or officers of District. Nothing in this bight of Entry shall preclude owner from filing a claim with District for any loss or expense which Owner, its tenants or successors may suffer caused by or due to the exercise by the District of the rights granted by the Right of Entry. District agrees to indemnify and hold Owner harmless from any damage caused by district's activities. District agrees to either, at Owner's discretion, reimburse Owner for any damage to Owner's roads, fences or other property or to restore said property to Owner's satisfaction. District agrees to cooperate with Owner in all work on Owner's property to cause the least amount of interference as is practicable to Owner's use of the property. The conditions of this Right of Entry shall inure to the benefit of Owner's successors and assigns. It is understood that the District will pay interest on the just compensation paid from the date of possession by the District. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1208.350 of the Code of Civil Procedure. Interest will be computed to and including the date of deposit of compensation. Very truly yours, E/t0 ' ` ; , RECOMMENDED FOR APPROVAL , p f 54a L BY Real Property Ag nt ACCEPTED: CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT By aurice M. Shiu hief Engineer Dated: � _ _ 0 G:\GrpDatalReelProp\2003-Files\03-71Marsh Creek Levee Repair RdEdac 7115103 2 .. toy. �r. ' ;i ., MY ilk WIN f' 1t + civ .�tt Jf k :� t� .t:•r t' i �' .1 :f; t # SELLERSt AVE '.�. ------------------------------ - 1009.a *! 1_ ----- - SLOUGH- 50Ui't} 1 2725 77. } ! } ftft NtK LEASE SEE BECK 3E PAGE ZY i 201 144.3 t! , t Wit Wt""+ V j # 404,34Ac. 1 2440' C= Y _ M_ __ _ _ _ _ __.. --.._..—._..—r_..----_. � 710` $� 1732' � t i 2463.2 Ni 03 W ryo 65.30'E i l2 68.919Ac. f9f ; 1a.aoAr+ 39,20nc. i 17}7, 1565' i 9 i 19 fir+ OA+ar sm XT � t ui 38.223kc i *i 8 2•StSS T t 1569' i 60.97Ac. N(}0'07'03"W 28 1' S9 rye v 44.70Ac.� testy :*' F i i S7'4530"W n va 387.9,3 14.40Ac. f y• t r rti A,„q ! 1 � 34.80Ac. f 1 ' , 217.23Ac. 222.0kc. 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