HomeMy WebLinkAboutMINUTES - 03041986 - X.4 A.4
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
DATE: March 4, 1986
SUBJECT: Sale of Easement and Settlement of Court Action
Government Code Sec. 25526.6
SPECIFIC REQUESTS(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. Recommended Action: County Counsel and the Public Works Director recommend that
the Board take the following actions:
A. APPROVE settlement of Contra Costa County Superior Court Case No. 271916
(East BayMunic' ipal Utility District, etc. , v. Southern Pacific Transportation
Company, Contra Costa County, etc. , et al .) and AUTHORIZE County Counsel to
take all steps necessary to consummate said settlement and effect dismissal
of said action.
B. APPROVE and AUTHORIZE Board Chair to execute on behalf of the County, the
Disclaimer and Stipulation with Southern Pacific Transportation Company,
dated February 6, 1986. AUTHORIZE County Counsel to file said Disclaimer and
Stipulation with the Superior Court.
C. APPROVE Property Purchase Agreement with East Bay Municipal Utility District
for the sale of a permanent and a temporary easement to the District for a
total price of $181 ,306.00 plus a pro-rata share of interest earned on money
deposited in the above mentioned court action. AUTHORIZE Board Chair to
execute said agreement on behalf of the County.
D. APPROVE Grant of Easement to East Bay Municipal Utility District, conveying
a 25 ft. by 665 ft. underground pipeline easement through the former Southern
Pacific Railroad right of way in Danville, and AUTHORIZE Board Chair to
execute said Grant of Easement on behalf of the County.
Continued on Attachment: X yes Signature:
Recommendation of County Administrator Recommendation of Board Committee
Approve Other
Signature(s)
Action of Board on 4, Ilk(. Approved 'as recommended
Other
Vote of Supervisors
Unanimous (Absent I HEREBYCERTIFY -THATTHIS IS A TRUE
Ayes: Noes: AND CORRECT COPY OF AN ACTION TAKEN
Absent- Abstain: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
2
2. Financial Impact: $181 ,306.00 revenue to County
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 May 3, 1985 East Bay Municipal Utility District filed an action in
eminent domain against Southern Pacific Transportation Company for'the acquisition
of permanent and temporary easements for underground pipelines in the subject
property. On December 9, 1985 the County purchased fee title to the subject
property from , 'Southern Pacific 'Transportation' Company. The Public Works. Real
Property Division and County . Counsel have been negotiating with representatives
of the District since the County's acquisition from Southern Pacific , and have
reached a settlement agreement which was approved by the District's governing
Board on February 25, 1986.
5. Consequences of Negative Action: The above referenced Superior Court.Action would
proceed to trial , which is scheduled to start March 17, . 1986. This could result
in additional expense to the County and in the risk of the County receiving a
lesser award. .
cc: County Administrator
Public Works Department
Community Development Department
Public Works Accounting
Recorder (via RJP)
East Bay Municipal Utility District
PBG;P9
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