File #: 18-0292    Version: 1 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 4/5/2018 In control: Board of Directors
On agenda: 6/12/2018 Final action:
Title: Resolution Authorizing the Acquisition of a Grant Deed From and Conveyance of a Quitclaim Easement Deed to Francisco J. Arriaga, for the Upper Llagas Creek Flood Protection Project, Project No. 26174051 (Morgan Hill), (District 1).
Attachments: 1. Attachment 1: Resolution, 2. Attachment 2: Exchange Agreement, 3. Attachment 3: Grant Deed, 4. Attachment 4: Quitclaim Deed, 5. Attachment 5: Phase I HSLA, 6. Attachment 6: Notice of Determination
BOARD AGENDA MEMORANDUM


SUBJECT:
Title
Resolution Authorizing the Acquisition of a Grant Deed From and Conveyance of a Quitclaim Easement Deed to Francisco J. Arriaga, for the Upper Llagas Creek Flood Protection Project, Project No. 26174051 (Morgan Hill), (District 1).


End
RECOMMENDATION:
Recommendation
A. Adopt the Resolution authorizing the ACQUISITION OF A GRANT DEED FROM AND CONVEYANCE OF A QUITCLAIM EASEMENT DEED TO FRANCISCO J. ARRIAGA FOR THE UPPER LLAGAS CREEK FLOOD PROTECTION PROJECT, PROJECT NO. 26174051 (MORGAN HILL);

B. Approve the Real Property Exchange Agreement 5010-237 & 5027-313.1 and authorize the CEO to execute the Real Property Exchange Agreement;

C. Authorize the CEO to execute the Certificate of Acceptance for Grant Deed 5010-237; and

D. Authorize the CEO to execute the Quitclaim Easement Deed 5027-313.1.


Body
SUMMARY:
The Santa Clara Valley Water District (District) is undertaking the Upper Llagas Creek Flood Protection Project (Project) in partnership with the U.S. Army Corps of Engineers (Corps) and the City of Morgan Hill (City) to provide 1% flood protection to approximately 1100 homes and 500 businesses along West Little Llagas Creek, East Little Llagas Creek, and Llagas Creek. The Project is approximately 13.9 miles long and encompasses the City, City of Gilroy, and various unincorporated areas of Santa Clara County, including San Martin.

This transaction involves the acquisition of fee title needed for the Project from Francisco J. Arriaga and the conveyance of unneeded easement to Mr. Arriaga. The proposed acquisition of a Grant Deed (Attachment 3) from Francisco J. Arriaga, Real Estate File No. 5010-237, is required for Phase 2 construction of the Project. In 2015, a Phase I Hazardous Substance Liability Assessment (HSLA) investigation was performed and the results were satisfactory (Attachment 5).

In order to set off the purchase price for the property being acquired, the District offered to quitclaim a porti...

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