HomeMy WebLinkAboutMINUTES - 04062004 - C1-C TO: BOARD OF SUPERVISORS t..►
FROM: MAURICE M. SHICT,PUBLIC WORKS DIRECTOR
DATE: April 6,2004
SUBJECT: State Route 4 East,Railroad Avenue to Loveridge Road,Pittsburg Area. District V.
[SCH#200011207]
Project No.:4660-6X42$7 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
A. APPROVE the Relocation Assistance Claim listed below:
CLAIMANT CLAIM DATE PAYEE AMOUNT
U-Haul Center of Pittsburg Fixed In Lieu Payment 3-23-04 Arnerco Real Estate Co. $20,000.00
B. AUTHORIZE the Principal Real Property Agent to sign said claim form on behalf of the County.'
C. AUTHORIZE the Auditor-Controller to issue a check in the amount of $20,000.00 payable to
Amerco Real Estate Company for a fixed payment in lieu of actual moving and related expenses, to
be forwarded to the Real Property Division for delivery.
IL Financial Impact:
Payment totaling $20,000.00 to be made from the State Route 4 East Widening Project, Railroad
Avenue to Loveridge Road, which is 100%reimbursable from Contra Costa Transportation Authority.
III. Reasons for Recommendations and Background:
U-Haul Center of Pittsburg is located in a building from which they are being displaced because of the
highway-widening project. The payment is part of the relocation entitlement required by Government
Code §7260, et. Seq.
IV. Consequences of Negative Action:
The County will not be In compliance with Stat d Federal law.
Continued on Attachment: SIGNATURE:
COMMENDATION 7F COUNTY AI tMINISTRA R ,
_RECOMMENDATION OF BOARD COMMITTEEr
PROVE z,,,,,,OTHER
SIGNATURE(S):
ACTION OF BO N , APPROVED AS RECOMMENDED xx QTIIER
lj
VOTE OF SUPElk°3SORS
xx UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
ODR:eh date shown.
G:\QpData\RealPrupl2004-Files\BOS&RES\BOUHaul.doe APRIL 06, 2004
Div: Public Works(R/P) ATTESTED
Contact: Olivia D. Reynolds(313-2306) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via R/P)
L.Dalziel,Board Orders Clerk Specialist,Adm. By + Deputy
+ Irk++
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on April 6, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA., GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 2004/165
ABSTAIN: NONE (Gov. Code § 25526.6)
SUBJECT. ADOPT Resolution No. 2004/165 approving the extension of a Temporary;Construction
Easement to the East Bay Municipal Utility District (EBMUD) for EBMUD's Walnut.
Creek/San Ramon Valley Improvement Project. San Ramon Transportation Corridor.
[CP#02-46]. District III.
Project No 0678-6G5146
Walnut Creek Area
The Board of Supervisors of Contra Costa County RESOLVES THAT;
On January 28, 2003, the Contra Costa County Board of Supervisors; approved a Grant of
Easement, which included the granting of a surface easement, a sub-surface easement, and a temporary
construction easement (TCE) to the East Bay Municipal Utility District (EBMUD) for EBMUD's'
construction and installation of a 69" water pipeline in the South Broadway area of Walnut Creek.'
Effective April 6,2004, EBMUD desires to extend the term of the TCE to October 31, 2004. This Board'
FINDS that the extension of the TCE is in the public interest,and will not substantially conflict or interfere'
with the County's use of the property.
This Board hereby APPROVES and AUTHORIZES the extension of the temporary construction'
easement described.on Exhibit"A"attached hereto,pursuant to Government Code Section 25526.6, and
AUTHORIZES the Public Works Director,or designee,to execute an Amendment to Grant of Easement
for the above property,on behalf of the County in consideration for EBMUD's payment of$133,108.00 to
the County to be paid immediately upon the execution of the above Amendment.
The Real Property Division is DIRECTED to cause said Amendment document to be delivered to
EBMUD.
On July 16, 2002, the Board determined that EBMUD's project was not subject to the California
Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines.
General Plan Conformance for the entire project has been received from the City of Walnut Creek.
I hereby certify that this is a true and correct
KLDRA:eh copy of an actiontalon and entered on the
(i:\ReulProti',2004-Files\BOS&RES\30304EBMUD TCEExtension res.doc minutes of the Board of Supervisors on the
Orifi.Dept.: Public Works(RIE') date Showa.
Contact: Dick R.Awenius(313-2227) APRIL t}6 2004cc: Public Works Records ATTESTED. ,
T.Torres,PW Env.Svcs. JOHN SWEETEN,Clerk of the Board of
EC.Piona,CDD Supervisors and Count Administrator
Board Orders Senior Clerk,Adm.
Steve Boeri,EBMUD,Grantee By Deputy
RESOLUTION NO. 2004/_165
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AMENDMENT TO GRAFT OF EASEMENT
Effective April 6, 2004, this amendment ("Amendment") amends that certain Grant of Easement
("Easement")entered into by and between CONTRA COSTA COUNTY, a political subdivision of
the State of California("County"), and EAST BAY MUNICIPAL UTILITY DISTRICT, a public
corporation organized and existing under the laws of the State of California ("EBMUD"), that
became effective on January 28, 2003.
RECITALS
A. County and EBMUD entered into the Easement pursuant to which County agreed to grant
and EBMUD agreed to acquire: i) a permanent, non-exclusive surface easement, ii) a
permanent, non-exclusive sub-surface easement, and iii) a temporary construction easement
("TCE'') until January 31, 2004, necessary for the construction and installation of
EBML'TD's sixty-nine inch (69") waterline in land owned in fee by County, and more
particularly described in the Easement.
B. At the time County and EBMUD entered in the Easement, County, EBMUD and Contra
Costa County Flood Control and Water Conservation District ("Flood Control") entered
into a Common Use Agreement that became effective on January 8, 2003, for the protection
of Flood Control to the extent that the easements granted to EBMUD under the Easement
would overlap or overlay the prior easement condemned to Flood Control, as described in
the Common Use Agreement.
C. County and EBMUD desire to enter into this Amendment to: i) extend the term of the TCE
and ii) confirm that the obligations of EBN€UD under the Common Use Agreement with
respect to the TCE will remain in full farce and effect during the extended term of the TCE,
as more particularly described in this Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties hereby agree to amend the Easement as follows:
1. Definitions. Except as otherwise defined herein, capitalized terms used but not otherwise
defined herein are used as defined in the Easement. From and after the effective date of this
Amendment, all references in the Easement to "this Grant of Easement" (or words or
phrases of a similar meaning) shall be deemed references to the Easement as amended
hereby,unless the context otherwise specifically requires.
2. Specific Amendment to the Easement.
Section 3. Temporary Construction Easement, is hereby deleted in its entirety, and replaced
with the following Section 3:
3. TEMFOR6 Y CONSTRUCTION EASEMENT: County hereby grants to
EBMUD a Temporary Construction Easement over and across that certain real
property shown in Exhibit "C" (the "TCE Area"). The TCE herein granted shall
include EBNIUD's right to enter upon the TCE Area with personnel, vehicles, and
1
equipment for the installation of EBMUD's Water Pipeline, under conditions
specifically provided in the Special Road Encroachment Permit #15974
("Encroachment Permit") previously issued by County to EBNIUD, and the
Encroachment Permit to be issued by the Centra Costa County Flood Control and
Water Conservation District("Flood Control's EncroachmentPermit"). The TCE
shall automatically terminate in its entirety and become null and void on October 31,
2004. At County's request following termination of the TCE, and in the event that
the TCE has been recorded, EBMUD shall deliver a quitclaim deed to County for the
TCE.
3. Continuation of EBMUD's Obligations under the Common Use Aaeement. EBMUD
hereby acknowledges and agrees that it will be bound by all of the terms and conditions of
the Common Use Agreement with respect to the TCE during the entire term of the TCE, as
extended by this Amendment, and the Common Use Agreement is hereby ratified and
confirmed in all respects.
4. Consideration for the Amendment of the Easement. As consideration for this
Amendment extending the term of the TCE, EBMUD will, and hereby agrees to,pay
to County the sum of One Hundred Thirty-Three Thousand One Hundred Eight and
No/100 Dollars ($133,108.00)on April 1, 2004.
5. No Other Amendments or Modifications. Except as expressly amended pursuant to this
Agreement, all other provisions of the Easement are unaffected, remain in full force and
effect with no other amendments or modifications, and are ratified and confirmed in all
respects.
6. Representations. The parties hereto have entered into this Amendment based solely upon
the representations, covenants, and warranties contained and referred to herein. No party
has placed any reliance on any representation not expressed or referred to in this
Amendment.
7. Voluntary Execution of Amendment. The parties hereto have freely and voluntarily
executed this Amendment and are not acting under coercion, duress, menace, economic
compulsion, or because of any supposed disparity of bargaining power, rather, the parties
hereto are freely and voluntarily signing this Amendment for their own benefit.
8. Representation by Counsel. The parties hereto each acknowledge that they have been
represented in the negotiations for, and in the preparation of, this Amendment by counsel of
their choosing; that they have read this Amendment or have had it read to them by their
counsel; and that they are fully aware of and understand its contents and its legal effect.
Accordingly, this Amendment will not be construed against any party, and the usual rule of
construction that an agreement is construed against the party which drafted it will not apply.
9. Approval and Effective Date. This Amendment is subject to approval by the County Board
of Supervisors, and will be effective on the date approved by the County Board of
Supervisors.
2
G:\ShareDate\GrpDate\RealProp\EBMUD Pipeline\325O4EDMUD TGEExtension
10. Governing Law and Venue. This Amendment will be governed and construed in accordance
with California law. The venue of any litigation pertaining to this Amendment will be
Contra Costa County, California.
CONTRA COSTA COUNTY EBMUD
EAST BAY MUNICIPAL UTILITY
DISTRIC
By
aurice M. Shiu, By
ublicW rks Director Stephen J. Boeri,
Manager,Real Estate Services
Date: 4 ,
(Dae of tountBoard approval) B
ynelle M. Lewis,
Secretary of the District
RECOMMENDED FOR PROVAL: Date: -e'P
(Date of EBMUD Board approval)
By _
Dick R. Awenius,
Sr. Real Property Agent AP
PROVE AS TO FORM:
Veronica Fau leroy,
4B45;�— Office of General Coun el
aws,
al Real Property Agent
APPROVED AS TO FORM::
Silvano B. Marchesi,County Counsel
Byvt'
Pamela J. Za'
Deputy County ounsel
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