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HomeMy WebLinkAboutMINUTES - 06221993 - 1.8 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 22, 1993 SUBJECT: JOINT POWERS AGREEMENT FOR SOUTH BROADWAY EXTENSION - WALNUT CREEK W.O. 5575 Task: ACQ Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Joint Powers Agreement with the City of Walnut Creek and AUTHORIZE Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. III. Reasons for Recommendations and Background: The City and County have cooperated on the South Broadway Extension highway project being constructed on the portion of the former Southern Pacific right of way between Newell Avenue and Rudgear Road in Walnut Creek. In order to complete the project, the City must acquire several parcels located just outside the city limit line in Contra Costa County. The above Agreement will allow the City to acquire the required property by eminent domain if necessary. IV. Consequences of Negative Action: The City will be unable to complete the project according to approved plans and specifications. Continued on Attachment: SIGNATURE: i 1I _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONJUN2 2 1993 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and Correct copy of an action taken and entered on the minutes of the NW:glo Board of SupeM`sors on the datam. shoa c:BO22b.t6 ATTESTED: JUN 2 2 1993 — E g Orig. Div: Public Works (R/P) PHIL BATCHELOR,Clark of the Board Contact: Nancy Wenninger (313-2227) of Supervisors and County Administrator cc: County Administrator P. W. Accounting City of Walnut Creek (via R/P) AN AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE CITY OF WALNUT CREEK FOR THE JOINT EXERCISE OF THE POWER OF EMINENT DOMAIN FOR THE SOUTH BROADWAY EXTENSION THIS AGREEMENT is entered into the day of 1991 between the COUNTY OF CONTRA COSTA, a political subdivisionof the State of California (hereinafter "County" ) and the CITY OF WALNUT CREEK, a municipal corporation, (hereinafter "City,, ) pursuant to the joint exercise of powers provisions of California Government Code sections 6500-6522 and the California Code of Civil Procedure Sectio, 12410. 140. RECITALS A. The CITY and COUNTY have cooperated on the South Broadway Extension highway project (hereinafter the "Project" ) in the City of Walnut Creek, and generally located as shown on Exhibit A, by the COUNTY agreeing to sell right-of-way to the CITY, and allowing construction of the PROJECT over a COUNTY storm drain channel . B. The PROJECT will benefit both residents of the COUNTY and residents of the CITY by providing access to and from the Rudgear Road -. 1-680 area in south Walnut Creek to the Newell- Broadway area. C. Because of the irregular nature of the City limit line in south Walnut Creek, seven parcels of property on which the PROJECT will be located are in Contra Costa County. D. All property necessary for the Project may be acquired by eminent domain through the exercise of a joint powers agreement between the COUNTY and the CITY. AGREEMENT 1 . Purpose: Lead-Agency. The joint powers agreement is for the joint exercise of the sovereign power of eminent domain to acquire all property necessary and convenient for the construction of the PROJECT. The CITY is designated hereunder as the party to administer this agreement by and through its city council, city officials and departments. 2 . Powers. The CITY shall have the powers relating to the PROJECT to conduct all public hearings to the end of adopting a resolution of necessity, to take whatever steps are necessary to initiate and conduct to a conclusion such eminent domain proceedings as are necessary to obtain title to any and all property or interest therein which is required to construct the PROJECT, and in connection therewith to enter into one of more contracts to obtain performance of all legal, engineering, appraisal, right of way, relocation assistance and related services. 3. Costs. All costs of acquisition, construction. and ,maintenance shall be bourn by the CITY, including, but not limited to payments for all legal, engineering, appraisal, right of way services and related costs; payments for any and all relocation assistance claims; payments to property owners of just compensation for any and all property rights acquired by negotiation, settlement, condemnation awards or otherwise. 4 . Subject Property; Title. The CITY may exercise the powers granted by the Eminent Domain Law to acquire the right-of- way required by the PROJECT in the unincorporated area of the COUNTY from the parcels identified on Exhibit B attached hereto and incorporated herein by reference. All property acquired by negotiation, settlement,' condemnation awards or otherwise shall be acquired in the name of the CITY. 5 . Hold Harmless. The CITY shall save, protect, defend, indemnify and hold harmless the COUNTY, its officers, agents and employees from and against any and all obligations, losses, liabilities, claims, damages, attachments, executions, actions and/or proceedings and all costs and expenses in connection therewith, including reasonable attorneys fees, brought forth on account of injury to or death of any person or damage to property or arising out of or connect with this Agreement or any act performed or omitted to be formed pursuant to this agreement, or otherwise arising from or in anyway connected with the activities of the CITY, its officers, agents, employees, agents or independent contractors in the performance of this agreement. 6 . Term. This agreement shall expire upon the acquisition by the CITY, by negotiation, settlement, judgment in condemnation or otherwise, of the right-of-way required by the PROJECT of all parcels identified on Exhibit B. The obligations contained in Section 5 shall survive termination of this agreement. 7 . Accountability. CITY shall be strictly accountable for all funds and, upon request, will report receipts and disbursements . CONTRA COSTA COUNTY CITY OF WALNUT CREEK BOARD OF SUPERVISORS BY: BY: Chair Mayor ATTEST: Phil Batchel-Ir, Clerk of the °.r-,.,rd of ATTEST: , �•UF t0 LFV(/T'',,,, _ Supervisor arc,C�;�t= f rii Fi� rator. cf, QepaTClerk of the Board City Clerk - y• OCT. 20, O • e• 1914 e • APPROVED: Public Work erect r APPROVED AS TO FORM: APPROVED AS TO FORM: Cou y Cou sel City Attorney SLA:df d M em-dom.agr