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HomeMy WebLinkAboutMINUTES - 10282014 - C.02RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute, on behalf of the County, the Assignment of Easement to assign East Bay Regional Park District (EBRPD) an easement to maintain, operate, replace, remove and renew vehicular or non-vehicular trails for use by the public in, upon, over and across a 0.98 mile segment of County Feeder Trail No. 1, located between Ferndale Road and Pereira Road, in accordance with the Memorandum of Understanding between the County and EBRPD and pursuant to Government Code Section 25365. CP #14-32 (0676-6Q1811) DETERMINE that the easement is not required for County use. DETERMINE that the conveyance of said Assignment of Easement is in the public interest and will not substantially conflict or interfere with the County’s use of the property. DIRECT the Real Estate Division of the Public Works Department to deliver a certified copy of this Board Order and the Assignment of Easement to EBRPD for acceptance and recording in the office of the County Recorder. FISCAL IMPACT: 100% East Bay Regional Park District Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/28/2014 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: Angela Bell (925) 313-2337 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 28, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: T. Torres, Environmental C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:October 28, 2014 Contra Costa County Subject:Assignment of Easement to East Bay Regional Park District, Martinez area. BACKGROUND: On April 22, 2014, the Board of Supervisors approved a Cooperative Funding Agreement between the County and EBRPD to vacate and assign a segment of excess road right of way, for Feeder Trail No. 1, between Ferndale Road and Pereira Road in the Martinez area. EBRPD is requesting that the County assign the easement between Ferndale Road and Pereira Road so that it can be maintained and patrolled by EBRPD in order to improve safety and active public use. By a separate action on October 21, 2014, the Board of Supervisors adopted a resolution vacating excess County road right of way between Ferndale Road and Pereira Road in Martinez and reserved an easement for maintenance purposes and vehicular or non-vehicular trails for use by the public on a segment of the roadway. EBRPD has requested that the County assign them the reserved easement area in order for EBRPD to proceed with the project. The easement is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. The easement is not required for County use and Public Works Department staff recommends that the Board of Supervisors approve the assignment of the easement to EBRPD. Notice of Intent to assign the easement to EBRPD was published in the Contra Costa Times at least one week prior to this Board meeting, as required by Government Code Section 6061 and 25365. As directed on Resolution No. 2014/390, the Director of Conservation and Development has filed a Notice of Exemption with the County Clerk and arranged payment of the processing and filling fees. CP #14-32. CONSEQUENCE OF NEGATIVE ACTION: The County will continue to be responsible for maintenance and repairs to the above-described easement that the County reserved when it vacated road right of way between Ferndale Road and Pereira Road. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Assignment of Easement