To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Assignment of Utility Easement to Contra Costa Water District
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Assignment of Easement transferring the County’s rights, title, interests, and obligations in a utility easement acquired by condemnation and recorded May 2, 2022, as Instrument No. 2022-0070385, affecting a portion of APN 159-140-055, to the Contra Costa Water District.
DETERMINE that this action is in the public interest and supports the proper ownership, operation, and maintenance of public water facilities associated with the Marsh Drive Bridge Replacement Project, and that the County will no longer retain any present or future interest in the assigned easement.
DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility this activity may have a significant effect on the environment.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
As part of the Marsh Drive Bridge Replacement Project, the County acquired certain property rights necessary for construction of public improvements, including a utility easement identified as Parcel 4, consisting of approximately 100 square feet, affecting Assessor’s Parcel Number 159-140-055 in the unincorporated area of Contra Costa County.
The Final Order of Condemnation was recorded on May 2, 2022, as Instrument No. 2022- 0070385. The easement area contains water facilities operated by the Contra Costa Water District. Following completion of the project improvements, it is appropriate for the County to assign its interest in the utility easement to the Contra Costa Water District to provide for continued ownership, operation, and maintenance of the water facilities.
This action is limited solely to the County’s interest in the recorded utility easement and does not affect the underlying fee ownership of the property. Execution of the Assignment of Easement will clarify the public record and confirm that the County retains no present or future interest in the utility easement area.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County would remain listed as holding an interest in the utility easement, which may create uncertainty in title records and responsibility for maintenance of the water facilities.