Title
Transportation Department recommending the Board:
1) Approve the Roadway Construction Easement Agreement and Exhibits "A" through "I" attached thereto, for Assessor's Parcel Numbers (APN) 327-130-35, owned by Real Estate Holdings, II, LLC, A Delaware Limited Liability Company; APN 327-130-54, 55, 56, 60, 62, 77 and 78, owned by DS Placerville, LLC, a California Limited Liability Company and Donahue Schriber Asset Management Coporation, a Delaware Corporation; and APN 327-130-76, owned by Safeway Inc., a Delaware corporation.
2) Approve the Temporary Construction Easements (TCE) with a) Safeway Inc., A Delaware Corporation, b) DS Placerville, LLC, a California Limited Liability Company and Donahue Schriber Asset Management Corporation, a Delaware Corporation, and c) Safeway Inc., A Delaware Corporation, together with DS Placerville, a California Limited Liability Company and Donahue Schriber Asset Management Corporation, a Delaware Corporation.
3) Authorize the Chairman to sign the Roadway Construction Easement Agreement with Exhibits "A" through "I" attached thereto, and the Certificates of Acceptance for the Temporary Construction Easements, referenced above.
4) Authorize the Director of Transportation or designee to execute Escrow Instructions and any other related escrow documents pertaining to these transactions, including the payment of title and escrow fees.
RECOMMENDED ACTION: Approve.
FUNDING: 2004 General Plan Traffic Impact Mitigation Fee Program (TIM) funds.
Body
BUDGET SUMMARY: |
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Total Estimated Cost |
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$30,000 |
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Funding |
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Budgeted |
$30,000 |
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New Funding |
$ |
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Savings |
$ |
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Other |
$ |
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Total Funding Available |
$30,000 |
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Change To Net County Cost |
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$0 |
Fiscal Impact/Change to Net County Cost:
The Phase 1A project is funded with 2004 General Plan Traffic Impact Mitigation Fee Program (TIM) funds and sufficient funds are in the project budget for the subject acquisitions, including acquisition costs of $27,000 plus title and escrow fees in the amount of $3,000 for a total of $30,000.
Background:
The U.S. Hwy. 50/Missouri Flat Rd. Interchange Project #71317 requires that portions of the subject properties be acquired for right of way purposes including three temporary construction easements, in order to accommodate the construction for the widening of Missouri Flat Road, which will lower the profile of the intersection of Missouri Flat Road and Plaza Drive.
The Roadway Construction Easement Agreement and the three Temporary Construction Easements will allow for the detouring of traffic during the temporary closure of the entrance to the Safeway Shopping Center.
The Temporary Construction Easements represented as Exhibit "F" between Safeway Inc. and the County and Exhibit "G" between DS Placerville, LLC and Donahue Schriber Asset Management Corporation and the County are attached to the Roadway Construction Easement Agreement and are in the amount of $13,500 each, for a total of $27,000.
The Temporary Construction Easement represented as Exhibit "H" between Safeway Inc., DS Placerville, LLC, Donahue Shriber Asset Management Corporation and the County for the benefit of Real Estate Holdings, II, LLC, and their tenant, Jack in the Box Inc., represents the access agreement between all parties to the detouring of the Jack in the Box restaurant traffic through the Safeway Shopping Center by way of the Headington Road detour. There is no additional cost associated with this temporary easement agreement.
Reason for Recommendation:
The temporary land rights are necessary in order to construct Phase 1A of the project.
Action to be taken following Board approval:
1) Chairman of the Board to execute four original copy sets of the Roadway Construction Easement Agreement with Exhibits "A" through "I" attached thereto.
2) Chairman of the Board to execute three separate Certificates of Acceptance for the Temporary Construction Easements.
3) Board Clerk to retain one original Roadway Construction Easement Agreement with Exhibits "A" through "I", and return three original Roadway Construction Easement Agreements with Exhibits "A" through "I" to DOT R/W Unit staff; Board Clerk to retain copies of the three Temporary Construction Easements, and return the three original Temporary Construction Easements with the Certificates of Acceptance to DOT R/W Unit staff.
4) Director of Transportation or designee to sign the Escrow Instructions and any related escrow documents pertaining to these transactions. All executed documents and all funds necessary to the close of escrow, to be provided to the title company for final audit and recording.
Contact:
Pete Feild, X7666 or Julie Duchscherer, X5922
Concurrences: