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Consent-Community Services # 37.
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| Board of Supervisors |
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| Subject |
| Approve the Utilities Easement Encroachment and Hold Harmless Agreement for the Grant Park Development. (No general fund impact) (Echiburú/Burton) |
| Recommended Action |
| Approve the Utilities Easement Encroachment and Hold Harmless Agreement for the Grant Park Development, authorize the Chair of the Board of Supervisors to sign the agreement, and direct the Clerk of the Board to record it with the County Clerk-Recorder. |
| Strategic Plan Goal(s) |
Operational Excellence
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| Reason for Recommended Action/Background |
The Grant Park Development project (ZF2006-065) was approved by the Planning Commission on February 8, 2007. The project proposes a mixed highway commercial development in Dunnigan that includes a 60 room hotel, sit-down restaurant, fast-food restaurant, coffee shop, two gas stations with mini-markets, car wash, and 20,903 square feet of retail.
Recently, during the design of the project, the developer proposed a layout that placed the car wash driveway within the County Right-of-Way directly over two County maintained 42 inch storm drain pipes. The use of the driveway inside the County Right-of-Way will conflict with future maintenance of the facility and therefore requires a Public Utilities Easement Agreement (Exhibit A). The agreement stipulates that the County may take all necessary actions to remove the driveway that comes in conflict with the drainage facilities and all replacement costs for the driveway will be borne by the developer. The agreement also makes allowance for the County, at its sole discretion, to respond to emergencies and perform the work according to the schedule as it sees fit. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Counsel has approved the agreement as to form. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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