HomeMy WebLinkAboutMINUTES - 12021986 - 1.27 fir* BOARD OF SUPERVISORS
FROM.:—
Victor J. Westman, .County Counsel Contra
ltra
Cbsta
DATE: October ,31, 1986 C
SUBJECT: Acquisition of Easement and Settlement of Court Action for the
San Ramon Creek Bypass Project 7520-6B8636 , Walnut Creek on the
Former Southern Pacific Right of Way, Project #4425-4127
SPECIFIC REQUEST(S) ORRECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. Recommended Action: County Counsel and the Public Works
Director recommend that the Board take the following actions :
A. RESCIND Board Order and Resolution No . 86/342 dated June
17 , 1986.
B. APPROVE, and AUTHORIZE Board Chair to execute on behalf of
the County, the Disclaimer and Stipulation with Southern
Pacific Transportation Company dated September 18, 1986 .
C. APPROVE, and AUTHORIZE Board Chair to execute on behalf of
the County, the Stipulation for Judgment in Condemnation,
which provides for acquisition by the Flood Control
District of a perpetual easement in the former Southern
Pacific Railroad right-of-way and provides for payment
by the Flood Control District to the County of
$692 , 280 . 00 .
D. APPROVE, and AUTHORIZE Board Chair to execute on behalf of
the County, the Stipulation Allowing Final Order of
Condemnation.
E. AUTHORIZE payment from the Flood Control District to the
County of $692 , 280. 00 as compensation for the easement
and DIRECT County Auditor to transfer payment through
appropriate journal entries .
F. AUTHORIZE County Counsel to file the stipulations with
the Superior Court, to cause the Final Order of
Condemnation to be recorded and to take all other steps
necessary to carry out the agreed settlement of "Contra
Costa County Flood Control and Water Conservation Dist. ,
etc . v. Southern Pacific Transportation Co. , et al . ; Case
No . 262946. "
2 . Financial .Impact : $692, 280 . 00 in revenue to County.
CONTINUED ON ATTACHMENT: .X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): I�I�
ACTION OF BOARD ON _ n C2--19AS APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT _ AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: i ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
CC: ATTESTED DEQ 2 1986
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BYJ�j�j�g�J,� DEPUTY
62
3 . Reasons 'for Recommendations : Settlement of pending lawsuit
and generation of revenue for future purchase of additional
portions of the abandoned Southern Pacific right-of-way.
4 . Background: On August 23 , 1984 , the Contra Costa County Flood
Control and Water Conservation District filed an action in
eminent domain against Southern Pacific Transportation
Company for the acquisition of a permanent easement for
construction and operation of the San Ramon Creek bypass
channel- in .Walnut Creek. On December 9 , 1985 the County
purchased fee title to the subject property ( former Southern
Pacific Railroad right-of-way) , from Southern Pacific
Transport=ation Company. Representatives of the District and
County have been negotiating since the County' s acquisition
. from Southern Pacific, ;and have reached a settlement which
provides .for the District ' s acquisition of the easement for
$2 , 062 , 280 . The District has already deposited $1; 370 , 000
with the Superior Court, which sum has been credited against
the compensation payable by the District, leaving a, balance
owing from the District to the County of •$692 , 280 .
5 . Consequence of Negative Action: The above-described legal
action would remain pending, and unresolved and the County
would not be able to use the $692 , 280 to purchase additional
portions of the former Southern Pacific right-of-way.
cc : County Administrator
Public Works Department
Attn : . Joseph P. Murphy, Flood Control Engineering Division
Attn: Samantha B. Markert, Real Property Division
Attn : Roger Gilchrist, Accounting Division
Community Development Department
County Auditor-Controller