BOARD AGENDA MEMORANDUM
SUBJECT: Title
Approve Modification of Real Property Easement Rights Between Santa Clara Valley Water District and Milpitas Materials Company, for the Lower Calera Creek Flood Protection Project, Project No.40174005, APN No. 022-02-014, Real Estate File No. 4018-6.1 (Milpitas) (District 3).
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RECOMMENDATION: Recommendation
A. Approve and Authorize the Chief Executive Officer to sign the Right of Way Agreement with Milpitas Materials Company; and
B. Approve and Authorize the Chief Executive Officer to sign the Easement Modification Agreement (4018-6.1) with Milpitas Materials Company.
Body
SUMMARY:
In April 2010, the Board adopted Resolution No. 10-31, specifying its intention to consider undertaking a work of improvement for the Lower Berryessa Creek Flood Protection Project (Project). Design and construction of the Project is occurring in two phases. Phase 1 extends from Lower Penitencia Creek confluence to Abel Street. Phase 2 extends from Abel Street to Calaveras Boulevard and includes a portion of Lower Calera Creek that begins at the Lower Berryessa Creek confluence and continues approximately 500 feet upstream of Arizona Avenue. Construction of Phase 1 was completed in December 2016 and construction of the portion of Phase 2 from Abel Street to Calaveras Boulevard was completed in July 2020. The Lower Calera Creek portion of the project is currently finalizing the design which will be completed in December of 2020 with construction to begin in May of 2021. Construction of the improvements along Lower Calera Creek will result in the need to modify an existing permanent easement (Deed 4018-6) from Milpitas Materials Company (MMC) acquired in 1979 (Attachment 3). Authorization and approval of this easement modification is recommended to allow the Project to progress to construction as scheduled.
Modification of Existing Permanent Easement
In 1979, Valley Water acquired the permanent easement for flood control and storm...
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