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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution approving as to form a Grant of Easement template with Contra Costa Water District (“CCWD”) for easements over and within the Los Vaqueros Pipeline property and authorizing the City Manager or designee to enter into and execute Grants of Easement on a project-by-project basis for each easement and accept such property interests on behalf of the City.

Prepared by: Paul Eldredge, Assistant Director of Public Works/Assistant City Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer



RECOMMENDATION
Adopt a Resolution approving as to form a Grant of Easement template with Contra Costa Water District (“CCWD”) for easements over and within the Los Vaqueros Pipeline property and authorizing the City Manager or designee to enter into and execute Grants of Easement on a project-by-project basis for each easement and accept such property interests on behalf of the City.

PREVIOUS ACTION
None.

BACKGROUND
The Los Vaqueros Pipeline (“Pipeline”) is approximately 20 miles of 6 foot to 8 foot pipeline that runs from the Old River Intake in Byron, connecting at Camino Diablo, to the line that runs from Los Vaqueros Reservoir northerly to the Contra Costa Canal in Antioch. On average, the right-of-way is 85 feet in width. This Pipeline runs north-south, bisecting the entire City, and runs along the west side of Fairview Avenue northerly to east of the State Route 4 Bypass, and then extends into Antioch. There are various improvements within the City that intersect this Pipeline including, but not limited to, roadways, water lines, sewer lines, storm drain lines, and bike trails. In order for the City to maintain and improve these areas as a City project or a development project, an easement is required from CCWD. Historically, these easements were individually negotiated and required the approval of both the City Council and CCWD’s Board of Directors. The intent of this Grant of Easement template is to streamline and increase the efficiency of the process.

The Grant of Easement template was cooperatively developed by staff from both CCWD and City of Brentwood in such a manner that it can be used by either agency. It will allow the City to install, construct, maintain, operate, repair and replace improvements as necessary to the areas that intersect the Pipeline. A Grant of Easement will be prepared for each of the areas that intersect the Pipeline and will also be used by either agency for any future easements that become necessary. Each Grant of Easement prepared will have three exhibits that will be attached prior to execution. Exhibit A and Exhibit B will be project specific; Exhibit A will describe the easement and Exhibit B will describe the improvements that will be made to that specific easement. Exhibit C will provide a description of the boundaries of that certain real property owned by CCWD.

Staff is requesting this Grant of Easement template be approved as to form and that the City Manager or designee be given the authority to execute the specific Grants of Easement on a project-by-project basis.

FISCAL IMPACT
There is no fiscal impact associated with the approval as to form of this Grant of Easement template. Any improvements that are installed within this easement will be incorporated into a Capital Improvement Program project or development project, and will follow the appropriate procedure for approval.

Attachments:
Resolution
Grant of Easement Template without Exhibits
Los Vaqueros Pipeline Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AS TO FORM A GRANT OF EASEMENT TEMPLATE WITH CONTRA COSTA WATER DISTRICT FOR EASEMENTS OVER AND WITHIN THE LOS VAQUEROS PIPELINE PROPERTY AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AND EXECUTE GRANTS OF EASEMENT ON A PROJECT-BY-PROJECT BASIS FOR EACH EASEMENT AND ACCEPT SUCH PROPERTY INTERESTS ON BEHALF OF THE CITY.


WHEREAS, the Los Vaqueros Pipeline (“Pipeline”) travels through the City of Brentwood and there are various improvements that intersect the Pipeline including, but not limited to, roadways, water lines, sewer lines, storm drain lines and bike trails that require an easement from Contra Costa Water District in order for the City to improve and maintain these areas; and

WHEREAS, this Grant of Easement template will allow the City to install, construct, maintain, operate, repair and replace improvements as necessary to the areas that intersect the Pipeline; and

WHEREAS, a Grant of Easement will be prepared for each of these areas and will also be used for any future easements that become necessary; and

WHEREAS, staff is requesting this Grant of Easement template be approved as to form and that the City Manager or designee be given the authority to execute the specific Grants of Easement on a project-by-project basis.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve as to form a Grant of Easement template with Contra Costa Water District for easements over and within the Los Vaqueros Pipeline property and authorize the City Manager or designee to enter into and execute Grants of Easement on a project-by-project basis for each easement and accept such property interests on behalf of the City.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of December 2007 by the following vote:
 
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