To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: APPROVE exchange property rights among the County, Flood Control District, and Central Contra Costa Sanitary District, Martinez area
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
As governing body of Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Public Works Director and Chief Engineer to execute, on behalf of the County and the Flood Control District, a real property exchange agreement (Agreement) requiring:
(a) the County’s conveyance, to Central Contra Costa Sanitary District (Central San) of approximately 2.0 acres of County’s Old-Imhoff Road right of way within Road No. 3887F and adjoining Assessor’s Parcel No. 159-150-057, subject to reservation of an access easement for the County and Flood Control District, (County Conveyance)
(b) the Flood Control District’s acceptance from Central San of approximately 1.53 acres of property within Assessor’s Parcel Nos. 159-140-050 and 159-140-057, subject to reservation of a utility and fencing easement for Central San, (Central San Conveyance)
(c) the Flood Control District’s acceptance from Central San of an approximately 0.52-acre flood control and drainage easement within Assessor’s Parcel Nos. 159-140-058 and 159-150-057 (Grant of Easement)
All in connection with the Flood Control District’s Grayson and Walnut Creek Levee Improvements (Project), as recommended by the Chief Engineer and Public Works Director, Martinez area. 50% Central Contra Costa Sanitary District Funds, 50% Flood Control District Zone 3B Funds (Project No. 7520-6B8315 (CP# 21-03)
AUTHORIZE the Chief Engineer and Public Works Director to execute the Agreement on behalf of the Flood Control District and the County.
AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, the grant deed for the County Conveyance.
ACCEPT, on behalf of the Flood Control District, the grant deed for the Central San Conveyance and the Grant of Easement.
DIRECT the Real Estate Division of the Public Works Department to cause the grant deeds for the County Conveyance and the Central San Conveyance, the Grant of Easement, Central San’s acceptance of the County conveyance, and a certified copy of this staff report and board order to be recorded in the Official Records of the Contra Costa County Clerk-Recorder.
AUTHORIZE the Real Estate Division of the Public Works Department to pay any recording fees charged for the recording of the aforementioned documents.
FISCAL IMPACT:
50% Central Contra Costa Sanitary District Funds, 50% Flood Control District Zone 3B Funds.
BACKGROUND:
The Flood Control District, in partnership with Central San, is pursuing the Project at CCCSD Treatment Plant located in Martinez, Contra Costa County, for the purpose of improving flood protection. The CCCSD Treatment Plant is a critical piece of regional infrastructure, and, due to its proximity to Grayson and Walnut Creeks, it is vulnerable to flooding.
The Project requires the District to acquire fee, permanent easements (Property Interests) in the Property. In exchange, the County will transfer portions of Old Imhoff Road to CCCSD, reserving an access easement for County and The Flood Control District purposes. In relation, CCCSD will grant an access easement over portions of Old Imhoff Road currently owned in fee by CCCSD.
District and County staff recommend that the Board approve execution of the Agreement and Grant Deed and Reservation of Easement so that Project construction can proceed as planned.
CONSEQUENCE OF NEGATIVE ACTION:
The District will not have the necessary rights to construct the Project according to plans, specifications, and construction timelines.