HomeMy WebLinkAboutMINUTES - 11161999 - C6 . a Y
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
GATE: November 16, 1999
SUBJECT: Amendment to San Raman Valley Trail License Agreement. Alamo/Danville area.
Project No.: W05575
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE Fourth Amendment to License Agreement with East Bay Regional Park District and
AUTHORIZE the Beard Chair to execute said amendment on behalf of the County.
B. As governing body of the Contra Costa County Flood Control and Water Conservation District,
APPROVE Fourth Amendment to License Agreement with the Park 'District and AUTHORIZE
Board Chair to execute this amendment on behalf of the Flood Control District.
II. Financial Impact:
None
Continued on Attachment: x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 16, 99 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
x UNANIMOUS(ABSENT IlI }
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true:and correct
copy of an action taken and entered on the
pS:eh minutes of the Board of Supervisors on the
G:\RealProp\1999-Files\BOs&RES\BOaSanRamonValleyTrail.doc date shown.
Orig.Div: Public works(R/P)
Contact: Pat Smyers(313-2222) ATTESTED: November 16, 1999
cc: County Administrator PHIL BATCHE R,Clerk of the Board of
P.W.Accounting Supe rs d County Vj�lstrator
ByDeputy
Amendment to San Ramon Valley Trail License Agreement
November 16, 1999
Page 2
111. Reasons for Recommendations and Background:
By License effective October 14, 1986, the County and East Say Regional Park District agreed
on the terms and conditions by which the Park District could construct, maintain and operate a
public trail for pedestrians and bicyclists within the former Southern Pacific Railroad Right of Way
between Stone Valley Road and Linda Mesa Avenue in the Alamo-Danville area. The original
License has subsequently been amended three times, extending the limits of the trail which is
now known as the Iron Horse Trail, and recognizing and affirming the Contra Costa County
Flood Control and Water Conservation District's prior rights. The purpose of this, the Fourth
Amendment, is to give Licensee authority to construct and maintain eleven (11) paved driveway
sections, which will provide parking areas for the Licensee's maintenance vehicles for use when
opening/closing the access gates to the trail. Additionally, this Amendment gives Licensee
authority to realign the trail at the following two points: (1) Sycamore Valley Road in Danville and
(2) San Ramon Valley Boulevard in Danville.
IV. Consequences of Negatirre Action:
The Park District will be hindered from maintaining and operating this critical link in the Iron
Horse Trail system.
FOURTH AMENDMENT TO LICENSE
SAN RAMON VALLEY TRAIL
A. Effective Date and Parties: Effective the County of Contra
Costa, a political subdivision of the State of California, hereinafter called "Licensor," and
the EAST BAY REGIONAL PARK DISTRICT, a California special district, hereinafter
called "Licensee," mutually agree as follows
B. Purpose: The parties desire to amend the License they entered into effective October 14,
1986, entitled LICENSE-SAN RAMON VALLEY TRAIL. The original License covers the
use and maintenance of a public trail within the former Southern Pacific Railroad Right of
Way between Stone Valley road and Linda Mesa Avenue in the Alamo-Danville area of
Contra Costa County. The original License has been amended three times. In general, the
First and Second Amendments extended the limits of the Trail, and the Third Amendment
recognized and affirmed the Contra Costa County Flood Control and Water Conservation
District's prior rights. The purpose of this, the Fourth Amendment,' is to give Licensee
authority to add eleven (11) paved driveway sections to the Trail and to realign the Trail at
two (2) points.
C. Amendment to License: This Amendment gives to Licensee, under the existing
license, the authority to construct, reconstruct, maintain, remove and use eleven (11)
paved driveway sections (with the necessary appurtenances thereto), hereinafter
referred to as "the Driveways," located at six (6) points on and adjacent to the Trail.
These Driveways will provide parking areas for Licensee's maintenance vehicles for
use when opening/closing the access gates at these locations. The location, size and
configuration of the Driveways are shown on attached Exhibits `A" and "B," hereby
incorporated by reference.
Additionally, this Amendment gives Licensee, under the existing license, the authority to
realign the Trail at the following two points: (1) Sycamore Valley Road in Danville; and (2)
San Ramon Valley Boulevard in Danville. The location and configuration of these
realignments are shown on attached Exhibits "C" and °D," hereby incorporated by
reference.
Section 1 (Definitions) is deleted in its entirety and replaced with the following language:
As used in this License, "the Property„ shall refer to the following segments of the former
Southern Pacific Right of Way, in the Walnut Creek-Alamo-Danville-San Ramon area of
Contra Costa County: (1) that portion located between Walden Road and West Prospect
Avenue; (2) that portion located between West Prospect Avenue and San Ramon Valley
Boulevard, over which Licensor holds an easement; (3) that portion located between San
Ramon Valley Boulevard and the Alameda/Contra Costa County line.
As used in this License, "the Trail" shall refer to a 20 foot wide area which may include,
subject to Licensor's prior approval and inspection as provided in Section 10, an existing
rock or asphalt concrete path, shoulders, equestrian trial, Signs, drainage facilities and
barrier fencing or walls. Additionally, "the Trail" shall include "the Driveways" which shall
consist of the following: eleven (11) paved driveway sections which are situated on and
adjacent to the 20 foot wide area mentioned above, at points where the Trail intersects the
following streets: Cervato Drive, Hemme Avenue, Hartford Road, Paraiso Drive, El
Capitan Road, and Greenbrook Drive. (See Exhs. "A" & "B.") The location of the Trail shall
be identified as follows:
LOCATION OF CENTERLINE OF
TRAIL LIMITS 24 FT. WIDE TRAIL AREA
Walden Reed to 1000 feet north of Ygnacio Valley , 10 feet from east P. L.
Roved
1000 feet north of Ygnacio Valley Road to To be determined.
Ygnacio Valle Road
Ygnacio Valley Road to 300 feet south of Ygnacio 10 feet from west P. L.*
Valley Road
300 feet south of Ygnacio Valley Road to 625 feet To be determined. "
south of Ygnacio Valley Road
625 feet south of Ygnacio Valley Road to 1200 10 feet from west P. L.
feet south of Ygnacio Valle Road
1200 feet south of Ygnacio Valley Road to Mt. 10 feet from east wail of San Ramon
Diablo Blvd. Creek flood control channel.
Mt. Diablo Blvd, To Newell Ave. 10 feet from west wall of San
Ramon Creek flood control channel's i
Newell Ave. to 400 feet north of Rudgear Road 10 feet from west P. L.
400 feet north of Rudgear Road to 2500 ft. south To be determined.
of Danville Boulevard/Rudgear Road Intersection
2500 feet south of Danville Boulevard/Rudgear 62 ft. from east P.L.
Road intersection to Hill rade Ave.
Hillgrade Ave. to Livorna Road West Center of R.W.
l Livorna Road Nest to Stone Valley Rd. 62 ft, from east P.L. -
Stone Valley Rd. to West Prospect Ave. Center of R.W.
West Prospect Ave. to San Ramon Valley Blvd. Within County easement
San Ramon Valley Blvd. To a point 64 feet east of 30 feet from east P.L. to 14 feet
San Ramon Valle Blvd. from east P.L.
64 feet east of San Ramon Valley Blvd. to a point 14 feet from east P.L.
130 feet north of Sycamore Valle Road
130 feet north of Sycamore Valley Road to a point 14 feet from eastP/L/ to a point on
66 feet north of Sycamore Valley Road west P.L. 66 feet north of Sycamore
Valley Road
66 feet north of Sycamore Valley Road to Trail located on Town of Danville
Sycamore Valley Road property
Sycamore Valley Blvd. to 500 feet south of 22 ft. from east P.L.
Greenbrook Drive
500 feet south of Greenbrook Dr. to 200 feet Centerline of R. W.
south of Sari Raman Creek
200 feet south of San Ramon Creek to 1700 feet 16 feet from west P. L.
north of Fostoria Road
1700 feet north of Fostoria Road to Norris To be determined' after review and
Canyon Road approval of construction drawings by
Licensor.
Norris Canyon Road to Bollinger Canyon Road 16 feet from west P. L.
Bollinger Canyon Road to the Alameda/Contra To be determined' after review and
Costa County Line approval of construction drawings by
Licensor.
2
The location of this segment of the Trail will be determined by
Licensor at such time as construction drawings for the Trail
improvements are reviewed and approved by Licensor. However,
such location shall be deemed to be temporary only, since future use
of the property for transit or other purposes will require relocation of
the Trail.
The definition of the Trail just stated is a general one only and Licensor shall reserve the
right, in its sole discretion at any time, to substitute a more specific description for the Trail
or any portion of the Trail.
D. Effect: Except as modified by this Amendment, the License of October 14, 1986, the First
Amendment dated September 27, 1988, and the Second Amendment dated September
18, 1990, and the Third Amendment dated April 1, 1997, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment, in triplicate, the day
and year first above written.
COUNTY OF CONTRA COSTA EAST BAY REGIONAL. PARK STRICT
(L€CENSOF i (LIC }
By �.. By
Chaff; a�'of Supervisors General onager
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
(DISTRICT)..",
e-
a` , B rd of Supervisors
Attest:
Phil Batchelor
Clerk of the Board of Supervisors
and Cou y Admi i trator
(]Avv.% Deputy
p rovedas to form: Approved as to form:
Victor J. Westman
Cou ty Counsel
BY - - By
Deputy District Counsel
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EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. 1999-8 -196
August 17, 1999
AUTHORIZATION TO AMEND LICENSE AGREEMENT WITH CONTRA COSTA COUNTY:
IRON HORSE REGIONAL TRAIL
WHEREAS, by Resolution No. 1986-9-188, adopted September 9, 1986, the District was
authorized to enter into a License Agreement with Contra Costa County for the maintenance and
operation of a trail along the former Southern Pacific Right of Way as part of the San Ramon Valley
Iron Horse Trail. The license allowed the District to maintain approximately three miles of the
Alamo to Danville portion of the existing trail on County right of way; and
WHEREAS, the District has since amended this original License Agreement to extend the
limits of the trail, and is now operating or constructing over 18 miles of this Regional Trail in
cooperation with the cities of Concord, Pleasant Hill, San Ramon, Walnut Creek and Contra Costa
County. The extent of this trail reaches from the Clayton Valley Drain in the City of Concord at the
north end to the Contra Costa County/Alameda line at the south; and
WHEREAS, this License Agreement Amendment would enable the District to install and
maintain eleven (11) paved driveway sections, which will provide parking areas for the District's
maintenance vehicles for use when opening/closing the access gates at these locations, and
WHEREAS, this Amendment will also allow the District to realign portions of the trail at
Sycamore Valley Road and San Ramon Valley Boulevard in the Town of Danville, and
WHEREAS, all the other terms and conditions of the original License Agreement would
remain unchanged,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager, on its behalf, to amend the License
Agreement with Contra Costa County to include 11 paved driveway sections and relocate the trail
alignment at Sycamore Valley Road in Danville and San Ramon Valley Boulevard in Danville; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed,
on Behalf of the District and in its name, to execute and deliver such documents and to do such
acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director Radke , seconded by Director Wieskamp and adopted this 17th day
of August, 1999, by the following vote:
FOR: Directors Beverly Lane, Ted Radke, Doug Siden, John Sutter, Ayn Wieskamp
AGAINST: None CIRTIFZCATION
ABSENT: Directors Carol Severin, Jean Siri '� Debra Fassler, clerk of the Hoard of
Directors of the East Bay Regional Park
ABSTAIN: None District, do hereby certify that the above and
foregoing is a full, true, and correct copy of
Resolution 199-08-196 and adopted by the Board
of Directors at a regular meeting held on
August 17, 1999