To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Quitclaim County rights and execute a Right of Way Contract with East Bay Regional Parks District in conjunction with the Morgan Territory Road Bridges (MP 5.0 & 5.2) Replacement Project, Clayton area
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
As the governing body of Contra Costa County, Contra Costa County Public Works requests the Board to:
1. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed to East Bay Regional Park District (District) for portions of Assessor’s Parcel Numbers (APN) 080-080-002 & -004 totaling approximately 8,845 sf of land in conjunction with the Morgan Territory Road Bridges (MP 5.0 & 5.2) Replacement Project (Project) pursuant to Government Code Section 25526.5.
2. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a right-of-way contract with East Bay Regional Park District, to acquire drainage easements totaling 2,062 sf, roadway easements totaling 9,462 sf and approximately 4,984 sf in temporary construction easements all over and across APNs 080-080-002 in connection with the Project.
3. DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed and a certified copy of this Board Order to be delivered to the grantee for recording in the Office of the County Clerk-Recorder.
FISCAL IMPACT:
100% Local Road Funds.
BACKGROUND:
The purpose of this project is to replace two existing bridges on Morgan Territory Road over Marsh Creek located at postmiles 5.0 and 5.2. Prior to demolishing the existing bridges, temporary detour roads and water diversion systems will be constructed at both bridge replacement locations. The detour roads will divert traffic around the closed roads during construction. Following construction of each bridge, the detour roads and water diversion systems will be removed. Both replacement bridges will be clear span, one lane with shoulders supported by reinforced concrete pile abutments and wingwalls; concrete barrier rails and metal guard railing at the bridge approaches will be installed, and adjacent drainage ditches. The profile grad of the roadway and bridges will be raised, and the lengths of the bridges will increase to meet hydraulic requirements for the 100-year storm event and restore the natural width of the channel under the bridges; riprap will be placed in the creek at both bridge locations and four (4) outfall locations within the project area to prevent future scour and continued degradation of the creek.
The present-day roadway alignment of Morgan Territory Road at Bridge 5.2 transverses APNs: 080-080-002 & -004 which is owned by the District and identified as project Parcels 3-3 and 4-5 for which the County requires an easement over. The District agrees to remedy the situation and will grant the County a Roadway Easement over APNs: 080-080-002 & -004 and the County will quitclaim their interest in the parcels identified as project Parcels 3-4 & 4-6 to the District.
The Right-of-Way contract requires the County to indemnify the District from and against any liabilities that arise from the County’s use of the District’s property.
The right of way transactions are a part of the project that was previously reviewed under the California Environmental Quality Act (CEQA). On February 5, 2023, the County determined that this activity is exempt from CEQA environmental review under CEQA Guidelines section 15061(b)(3), and, on September 15, 2023, the County filed a CEQA notice of exemption with the County Clerk and State Clearinghouse. (CEQA CP#23-08 and Sch #2023090351).
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not quitclaim their interests in project Parcel 3-4 and 4-6, the District will not grant the County a Roadway Easement and therefore the County will not have sufficient property rights to construct the project.