BOARD AGENDA MEMORANDUM
SUBJECT:Title
Adopt Resolution Authorizing Conveyance of Real Property Interest to the County of Santa Clara; and Authorize the Chief Executive Officer to Execute a Purchase and Sale Agreement and the Grant Deed for the Uvas Road Bridge Replacement Project, APN No. 712-30-005, Real Estate File No. 5018-3.1 (District 1).
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RECOMMENDATION:Recommendation
A. Adopt the Resolution authorizing CONVEYANCE OF REAL PROPERTY TO THE COUNTY OF SANTA CLARA;
B. Authorize the Chief Executive Officer to execute a Purchase and Sale Agreement between the County of Santa Clara and Santa Clara Valley Water District, for the conveyance of real property interest, located at Uvas Creek, based upon the terms and conditions as set forth in the Agreement; and
C. Authorize the Chief Executive Officer to execute the grant deed, Real Estate File No. 5018-3.1.
Body
SUMMARY:
The County of Santa Clara (County), in collaboration with the California Department of Transportation, is undertaking the Uvas Road Bridge Replacement Project (Project) to comply with more stringent safety standards for the bridge and roadway. The subject bridge is in a rural, unincorporated part of the County, approximately 4-miles southwest of the City of Morgan Hill (Attachment 1). Compared to the existing bridge, the replacement bridge will be a larger structure - both in terms of width and span - and will require a slight shift from its existing location to accommodate a new alignment for the roadway. Santa Clara Valley Water District (Valley Water) currently owns a small area (approximately 0.25 acres) in fee title and operates a stream gauge at the proposed location of the replacement bridge.
County initially submitted a proposal to acquire a permanent right of way easement on the parcel for a fair market value of $24,800. However, staff determined that ongoing ownership of the fee title would limit Valley Water’s utility of the parcel and subject Valley Water to potential liabilities associated with the bridge structure. Considering these factors, staff recommends sale of fee title to the County and retention of comparable land rights to continue to maintain and operate its stream gauge. To that end, Valley Water obtained a counter appraisal which determined a fair market value of $52,000 for the fee title; this amount also includes compensation to relocate Valley Water’s stream gauge. Staff has prepared the attached resolution authorizing the conveyance of real property to the County (Attachment 2), which includes the purchase and sales agreement (Agreement) and grant deed, for the Board’s consideration and approval. The Agreement and grant deed also include easement rights reserved for Valley Water to continue to operate and maintain its stream gauge.
An escrow has been opened pursuant to the Agreement at the office of First American Title Insurance in San Jose (Escrow Holder). Upon mutual execution of the Agreement, Valley Water and the County shall deliver a fully executed copy of the Agreement to the Escrow Holder. The escrow shall close on, or within 30 days of the date upon which the Board approves the Agreement. Furthermore, a grant deed executed by Valley Water shall also be delivered to the Escrow Holder, where it will be recorded on the date the escrow is closed.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with sale of the subject fee title, a small rural parcel, to the County.
FINANCIAL IMPACT:
Proceeds from the sale of APN 712-30-005 will be allocated proportionally to Funds 61 (Water Utility Fund), 12 (Watershed Stream Stewardship Fund) and 26 (Safe Clean Water Fund).
CEQA:
The Agreement is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Guidelines §15302, which exempts projects consisting of the replacement and/or reconstruction of existing facilities where the new structure will be located on the same site as the structure replaced, and will have substantially the same purpose and capacity as the structure replaced. None of the exceptions to the use of a Categorical Exemption under CEQA Guidelines §15300.2 would apply.
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Resolution
UNCLASSIFIED MANAGER:Manager
Lisa Bankosh, 408-630-2618