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  Consent-Community Services   # 8.       
Board of Supervisors Public Works  
Meeting Date: 04/09/2024  
Brief Title:    Right of Way Purchase Agreements
From: Leslie Lindbo, Director of Community Services
Staff Contact: Lilia Razo, Principal Civil Engineer, Department of Community Services, x8845
Supervisorial District Impact: District 2

Subject
Approve two agreements for roadway and utility easement acquisition for the County Road 98 Bike and Safety Improvement Project, Phase II. (No general fund impact) (Lindbo/Razo)
Recommended Action
  1. Approve agreement with Dean Church and John Perry as successor Co-Trustees for the Chester G. Roth Revocable Trust dated February 6,1990 for $32,700 for a roadway and utility easement and a temporary construction easement for the County Road 98 Bike and Safety Improvement Project, Phase II;
     
  2. Approve agreement with John Perry, Trustee of the William H. Roth Revocable Trust dated September 17,1998 for $47,100 for a roadway and utility easement and a temporary construction easement for the County Road 98 Bike and Safety Improvement Project, Phase II; and
     
  3. Authorize the Director of Public Works to approve payment, open escrow, accept the easements, and record the deeds once the signed deeds have been received and escrow has closed.
Strategic Plan Goal(s)
Safe Communities
Reason for Recommended Action/Background
A permanent roadway and utility easement and a temporary construction easement are required on each of these properties for the County Road (CR) 98 Safety Improvement Project, Phase II.  Monument, ROW Inc., the County’s property acquisition consultant, provided an appraisal for the property interests and worked with each property owner to come to a mutually acceptable agreement for purchase.

Background

The CR 98 Bike and Safety Improvement Project, Phase II (Project) will extend the improvements completed in 2014 between Woodland and County Road 29 southward to the Solano County line.  The Project has received federal transportation funding for the preliminary engineering and project development, right of way, and construction phases through the Sacramento Area Council of Governments (SACOG) in the amounts of $2,364,782, $4,180,00, and $8,725,000, respectively.

On December 11, 2018, the Board of Supervisors approved staff’s recommendation to select round-abouts as the intersection treatment for the main intersections with CR 98.  Staff moved forward with the environmental phase for the Project.  The Natural Environment Study (NES) was approved by Caltrans on January 27, 2021, and the Board of Supervisors adopted the Initial Study/Mitigated Negative Declaration (IS/MND) on April 26, 2022, as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA).  On November 7, 2022, Caltrans concluded that a Categorical Exclusion was the appropriate determination for the project under the National Environmental Policy Act (NEPA).

Caltrans authorized the County to initiate the right-of-way (ROW) phase on December 7, 2022.  Subsequently, the ROW consultant, Monument ROW, Inc. (Monument) and Mark Thomas & Company, Inc., the survey consultant, began their work.  Mark Thomas & Company, Inc., placed stakes along all properties impacted by the project.  The stakes were used by Pattison & Associates, a subconsultant to Monument, to perform appraisals and develop appraisal reports for all acquisition areas to determine fair market value.  In mid-September 2023, Monument began to contact all property owners to present written offers to acquire the easements needed for the Project.  Due to harvest season most property owners elected to receive their offer packages via mail.  We expect the right of way acquisition process to continue through 2025.

On November 7, 2023, staff provided a project update and recommended to the Board to authorize staff to phase the project construction due to unsuccessful attempts to obtain additional grants to fund the entire cost of construction.  Based on the recommendation, the first construction phase would be between Solano County and Hutchison Drive.

The ROW phase is fully funded, and staff is focusing first to acquire the ROW needed for the utility relocation and the area within the first construction phase.  All utilities will be relocated to the east side of CR 98.  Utility providers are working on the design for the entire project and have tentatively scheduled to relocate all facilities in 2025.

Staff is also working with willing property owners as they review and respond to their offer packages delivered in mid-September 2023, which is the case with the attached agreements.
Collaborations (including Board advisory groups and external partner agencies)
County Counsel has approved both agreements as to form.
Competitive Bid Process/Vendor Performance
N/A

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   79,800
Amount budgeted for expenditure:    $   79,800
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$79,800
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The costs for both of these purchases will be reimbursed with federal funds at a rate of 88.53% of the cost, or $70,646.94.  The remaining $9,153.06 will be paid from Highway User Tax Account funds.  Sufficient funds were budgeted in the fiscal year 2023/24 Road Fund budget for the Project to cover these purchases.
Attachments
Att. A. Roth Chester Rev Trust Agreement
Att. B. WH Roth Rev Trust Agreement

Form Review
Inbox Reviewed By Date
Todd Riddiough Todd Riddiough 03/29/2024 05:03 PM
Leslie Lindbo Leslie Lindbo 04/01/2024 07:08 AM
Leslie Lindbo Leslie Lindbo 04/02/2024 12:47 PM
Financial Services Matt Robertson 04/02/2024 01:13 PM
County Counsel Hope Welton 04/02/2024 01:18 PM
Berenice Espitia Berenice Espitia 04/03/2024 04:12 PM
Form Started By: Lilia Razo Started On: 03/25/2024 05:23 PM
Final Approval Date: 04/03/2024

    

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