HomeMy WebLinkAboutMINUTES - 06222010 - C.19RECOMMENDATION(S):
RESCIND Resolution 2003/429 dated July 8, 2003, consummating the purchase and
accepting the Quitclaim Deed from Union Pacific Railroad Company (UPRR);
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
Purchase and Sale Agreement with UPRR for a 60 foot wide strip of land parallel to
Norman Avenue and Port Chicago Highway between Sussex Street and Warwick Street
(Property) in the unincorporated community of Clyde.
AUTHORIZE the Chair, Board of Supervisors, to sign Grant Deed from UPRR on behalf of
Contra Costa County (County); ACCEPT said Grant Deed.
APPROVE payment of $35,000 for said property rights from UPRR and AUTHORIZE the
Auditor-Controller to issue a check in said amount payable to North American Title
Company, 4255 Hopyard Road, Suite 1, Pleasanton, CA 94588, Escrow No. 52990472, to
be forwarded to the Real Property Division for delivery.
DIRECT the Real Property Division to have the above referenced Purchase and Sale
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/22/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Susan A. Bonilla, District IV
Supervisor
Contact: Carla Peccianti,
313-2222
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: June 22, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 19
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 22, 2010
Contra
Costa
County
Subject:Union Pacific Railroad Company, Purchase and Sale Agreement and Grant Deed, Clyde area. Project No.:
4660 6X4114
Agreement delivered to UPRR for execution and deliver the Grant Deed to the Title
Company for recording in the Office of the County Recorder.
RECOMMENDATION(S): (CONT'D)
FISCAL IMPACT:
There is no impact to the County General Fund. The purchase is funded 100% by the
Navy Mitigation Funds.
BACKGROUND:
On July 8, 2003, the Board of Supervisors (Board) approved Resolution No. 2003/429 to
consummate the purchase of the Property for $52,225. Sufficient funds were not
available at that time from County Service Area M-16 (CSA M-16) to purchase the
property, construct the trail, address the hazardous materials and provide for maintenance
of the proposed trail. Real Property staff was instructed to suspend completion of the
acquisition. The Quitclaim deed was never recorded and payment of $52,225 was never
made to UPRR. Resolution 2003/429 should have been brought back to the Board to be
rescinded at that time. This Purchase and Sale Agreement and Grant Deed supersedes any
and all other agreements the County had with UPRR for the Property.
The Property once supported a rail line owned/used by various railroads since 1911.
Since then, the rails have been removed from the Property, but a significant amount of
ballast material still remains. In August 2003, Jonas & Associates, Inc. completed a
Phase I Environmental Site Assessment of the Property and determined that
environmental conditions exist on the site from the release of hazardous/toxic materials.
They recommended that further environmental investigation was needed.
In September 2003, Jonas & Associates, Inc. completed a Phase II Environmental Site
Assessment that identified the presence of polynuclear aromatic hydrocarbons (PAH’s)
and arsenic on the Property. However, they indicated that further risk assessment should
be conducted to determine the specific action level for soil mitigation. At that time, no
funding was available to do additional testing, mitigation or construct the trail.
In June 2008, the Board of Supervisors adopted the Navy Mitigation Fund Expenditure
Plan (Plan) and allocated $1.5 million to provide full funding for the acquisition, design,
mitigation, construction, and maintenance of a trail on the Property.
In January 2009, the County Public Works Department (Public Works) obtained a Right
of Entry Agreement from UPRR for Nichols Consulting Engineers, Chtd (Nichols) for
additional soil testing and to determine the extent of hazardous/toxic materials on the
Property. A Phase II Supplemental Site Assessment was completed by Nichols in
February 2010 that provided specific recommendations for mitigation of the
hazardous/toxic materials identified.
UPRR has agreed to sell the Property to the County at a substantially reduced price due
to the hazardous/toxic materials. The County is accepting the Property in a “AS IS”
condition, and accepts full responsibility for the selection and implementation of a
remedy or remedies to minimize the risk of hazardous/toxic materials on the Property.
Public Works is working on the Clyde Pedestrian Path Project (Project) to construct a
bicycle-pedestrian trail on the Property. The trail will be constructed to provide a cap to
the known hazardous/toxic materials thus providing containment of the hazardous/toxic
materials. The County also intends to enroll in the State of California, Department of
Toxic Substance Control’s Voluntary Cleanup Program at completion of the Project to
ensure that the trail is safe for general public use.
CONSEQUENCE OF NEGATIVE ACTION:
The project will not have sufficient land rights to allow construction in accordance with
the approved plans and specifications.
ATTACHMENTS
Purchase anda Sale Agreement