HomeMy WebLinkAboutMINUTES - 05132014 - C.02RECOMMENDATION(S):
APPROVE the conveying of a Conservation Easement Deed to Muir Heritage Land Trust, in accordance with
Cooperative Agreement No. 4-1770C dated December 20, 2001, and pursuant to Government Code Section 25526.6.
SCH No. 95043029 (4660-6X4152).
FIND that the conveyance of said conservation easement is in the public interest and will not substantially conflict or
interfere with the County’s use of the property.
AUTHORIZE the Chair, Board of Supervisors, to execute the Conservation Easement Deed on behalf of the County.
DIRECT the Real Estate Division of the Public Works Department to cause said Conservation Easement Deed to be
delivered to the grantee.
FISCAL IMPACT:
Funded by 100% Contra Costa Transportation Authority Funds.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/13/2014 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: L. Lucy Owens (925)
313-2229
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: May 13, 2014
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:May 13, 2014
Contra
Costa
County
Subject:APPROVE the Conveyance of a Conservation Easement to Muir Heritage Land Trust, a non- profit corporation,
Hercules/Rodeo area.
BACKGROUND:
In 1998 the Contra Costa Transportation Authority (CCTA) and the County entered into an Agreement for the
County to provide right of way services for the State Route 4 West Gap Project (Project). The terms of the
Agreement included the County initially taking title for various property rights for the Project and to transfer
those rights to the appropriate parties at a later date.
Pursuant to the 2001 Cooperative Agreement between the State and CCTA, it was determined that in order to
construct the Project, the EIS/EIR for the Project required mitigation of the project’s environmental impacts,
including mitigation of impacts to biological resources. These requirements were imposed by The United States
Department of the Army, Corps of Engineers (ACOE), pursuant to Section 404 of the Clean Water Act of 1972
and a Biological Opinion dated July 30, 1998, issued by the United States Department of the Interior, Fish and
Wildlife Services (USFWS). The EIS/EIR further required that specific lands be acquired for mitigation
purposes and preserved in perpetuity. The County acquired the specific lands in accordance with the EIS/EIR.
In accordance with ACOE’s requirements and the USFWS Biological Opinion, CCTA and the State have been
working with Muir Heritage Land Trust (MHLT), a California non-profit corporation, for the management of the
mitigation parcels and the conveyance of this conservation easement to MHLT.
Under the Cooperative Agreement, the County shall transfer its title to and all rights and interest in the
conservation parcels to the State at a future date.
Real Estate staff has been directed by CCTA staff to convey the Conservation Easement to Muir Heritage Land
Trust for the Project.
CONSEQUENCE OF NEGATIVE ACTION:
The Project will not be in compliance with the EIS/EIR.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Conservation Easement Deed
Eshibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E