BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Stipulation for Judgment in Eminent Domain to Resolve the Condemnation Proceeding Entitled County of Santa Clara v. Santa Clara Valley Water Conservation District; et al., Santa Clara County Superior Court Case No. 114CV265661.
End
RECOMMENDATION:
Recommendation
Approve the Stipulation for Judgment in Eminent Domain (Case No. 114CV265661) and grant the District Counsel or its designee authority to execute the stipulation on behalf of the District.
Body
SUMMARY:
On or about May 29, 2014, the County of Santa Clara (County) served a Complaint in Eminent Domain against the Santa Clara Valley Water District (District), et al. The County seeks to procure property interests from the District on several parcels (APNs 583-22-006, -007, and -015) for the public purpose of constructing improvements described as the Alamitos Creek Bridge Project ("Project"). The County seeks to condemn right-of-way easements, a non-exclusive temporary construction easement, and a storm water biotreatment facility maintenance easement. The Project includes improving safety by straightening the roadway at Alamitos Creek Bridge, replacing the bridge structure, and widening the travel lanes.
As you may recall, while the District initially attempted to work with the County to complete the sale of the property without litigation, the District was unable to gain any assurance that the County would comply with the District's Water Resources Protection Ordinance (WRPO). The County informed the District that it was unable to include language in the deeds or stipulation that would subject the County's acquired right-of-way interests to the District's Water Resources Protection Ordinance because to do so would jeopardize their grant funding. In response, the District related that it needed assurance that the County would comply with the District's WRPO permitting process prior to any construction on District Facilities. In lieu of securing a r...
Click here for full text