HomeMy WebLinkAboutMINUTES - 10222013 - C.02RECOMMENDATION(S):
APPROVE the exchange of real property with the East Bay Municipal Utility District pursuant to Government Code
Section 25365.
APPROVE acceptance of the Quitclaim Deed dated August 8, 2013 from the East Bay Municipal Utility District.
DECLARE that this Board on October 1, 2013, approved a Notice of Intention to Exchange Real Property fixing
October 22, 2013 at 9:00 a.m., or thereafter, in its Chambers, County Administration Building, 651 Pine Street,
Martinez, California, as the time and place where it would meet to exchange the real property described therein with
East Bay Municipal Utility District. Said Notice was duly published in the Contra Costa Times in compliance with
Government Code Section 6061.
AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of Contra Costa County
(County) to East Bay Municipal Utility District.
DIRECT the Public Works Department, Real Estate Division, to have said Grant of Easement recorded in the Office
of the County Recorder.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Michele Trecek, (925)
313-2010
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: October 22, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:October 22, 2013
Contra
Costa
County
Subject:APPROVE Exchange of Real Property with East Bay Municipal Utility District, Walnut Creek area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
In 2003, Contra Costa County (County) conveyed a Grant of Easement (2003 Easement) to East Bay Municipal
Utility District (EBMUD) for one (1) permanent surface easement and one (1) permanent subsurface easement
for the installation, maintenance, and operation of one (1) sixty-nine inch (69”) wide water transmission pipeline
(Water Pipeline) and a Temporary Construction Easement (TCE) for the operation of equipment during the initial
construction of EBMUD’s Walnut Creek/San Ramon Valley Improvement Project. The easement area is located
within the Iron Horse Corridor and extends from the east side of South Broadway to the west side of South
Broadway in the City of Walnut Creek.
Several years after construction, EBMUD discovered that the Water Pipeline had been built outside the easement
area in two locations. EBMUD notified the County of the error and requested the easement area be revised to
cover the improvements in place. The County agreed, on the condition that EBMUD quitclaim its rights as granted
in the 2003 Easement in exchange for a revised Grant of Easement. The Grant of Easement would be similar to
the 2003 Easement, but the easement area would be revised to include the improvements in place and the TCE
would be omitted because the initial construction of the Water Pipeline has been completed. EBMUD agreed.
On July 18, 2002, the Contra Costa County Department of Conservation and Development filed a Notice of
Exemption for the conveyance of the easements for the Walnut Creek/San Ramon Valley Improvement Project.
CONSEQUENCE OF NEGATIVE ACTION:
EBMUD will not have the rights necessary for their existing pipeline.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Quticlaim Deed
Grant of Easement