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AGENDA BILL Agenda Item No. 5(C) Date: November 21, 2011 To: El Cerrito City Council From: Yvetteh Ortiz, Engineering Manager Jerry Bradshaw, Public Works Director/City Engineer Subject: Accept Public Right of Way Easement adjacent to El Cerrito Plaza BART Station on Central A venue, west of the Ohlone Greenway ACTION REQUESTED Adopt a resolution accepting a Grant Deed (Exhibit A to the Resolution) from the San Francisco Bay Area Rapid Transit District (BART) for a Public Right of Way Easement adjacent to the El Cerrito Plaza BART Station on Central Avenue, west of the Ohlone Greenway, and authorizing the City Manager to execute the Grant Deed pending approval by BART. BACKGROUND 1965 Agreement In June 1965, the City Council adopted Resolution No. 2889 authorizing the execution of an agreement (1965 Agreement) to allow BART to widen and improve several City streets as part of the construction of the El Cerrito Plaza and Del Norte BART Stations. The 1965 Agreement specified that, upon completion of the street improvements, the City would accept the improvements, BART would transfer any necessary grant deeds for public right-of-way covering the widened streets, and the City would become responsible for maintenance. Although the improvements were completed, there is no formal documentation that the City accepted them and BART did not provide a grant deed for the public right-of-way. As such, the City has not been legally obligated to maintain those widened areas, which generally include the sidewalks and street trees around the BART stations. On-going Maintenance Maintenance efforts for the sidewalks and street trees around the El Cerrito Plaza Station have been steadily increasing over the years. The tree roots located within the sidewalk areas have buckled the sidewalk, curb, gutter and street surface in many areas. Several arborists have indicated that many of the trees _are at, or near, the end of their safe and healthy lives. This is evidenced by an increas:e in limb falls causing damage to cars and potentially pedestrians. ---PAGE BREAK--- Agenda Item No. S(C) The sidewalks and street trees along Richmond Street, Willow Street and Central Avenue are on BART property and are currently the responsibility of BART to maintain. Over a number of years, BART has performed many temporary fixes including the repair of sections of buckled concrete sidewalks with asphalt, concrete and removal of dead and hazardous trees. City crews have also gotten involved with miscellaneous maintenance activities including emergency removal of broken and fallen tree limbs and temporary sealing of sidewalk cracks. Planned Improvements The City and BART have previously discussed long-term and comprehensive improvements to provide safe and accessible pedestrian paths around the two BART stations in El Cerrito. Most recently, the City and BART collaborated to identify funding for the Plaza BART Station area for this purpose. The City and BART were able to secure funding grants for various pedestrian, bicycle, accessibility, wayfinding, landscaping and lighting improvements. Sidewalk and tree replacement are components of both City and BART projects, as described below. Improvements on Richmond Street, Willow Street and Central A venue, between Richmond Street and the Ohlone Greenway, as well as within the BART parking lots, will be part of BART's Sidewalk and Wayfinding Improvements Project. The scope of the BART Project also includes accessibility improvements throughout the station area. The BART Project is funded by the Federal Transit Administration Urbanized Area Formula Funding Program. Improvements on Liberty Street and the remaining section of Central A venue will be part of the City's Central Avenue and Liberty Street Streetscape Improvements Project, which covers four blocks of Central A venue from San Pablo A venue to the Ohlone Greenway and one block of Liberty Street from Central A venue to Fairmount A venue. This project is intended to improve walking and biking routes to transit, support high- density infill development, and enhance the sense of place and quality of life in the El Cerrito Plaza BART Station Area. The scope of the project also includes pedestrian- level lighting, curb bulb-outs, curb ramps, high-visibility crosswalk signing and striping, bike route signing and striping, a speed table for traffic calming on Liberty Street, and street furniture. Funding is from two separate Transportation for Livable Communities (TLC) Programs including a federal grant and a Measure J, countywide half-cent sales tax grant. ANALYSIS The 1965 Agreement intended to transfer widened street rights of way to the City on several streets surrounding both BART stations. City staff has informed BART that the improvements (curbs, gutters, sidewalks, street trees and pavement areas) must be in good condition before the City can accept these rights of way. In response, BART has been working on replacing the improvements to meet this requirement. Page2 ---PAGE BREAK--- Agenda Item No. 5(C) For one area, time is of the essence. The Public Right of Way Easement adjacent to the Plaza BART Station on Central Avenue, west of the Ohlone Greenway, is needed to complete the sidewalk, tree, and curb bulb-out improvements planned under the City's Central A venue and Liberty Street Streetscape Improvements Project. The TLC grant funding for the project requires that the City have appropriate easements for construction and maintenance of the improvements. City staff must request right-of-way clearance from Caltrans, the agency that administers the federal grant, in December 2011 so that we can meet an upcoming grant deadline. The intent of the 1965 Agreement was for the City to accept responsibility for the widened Central Avenue and the agreement is still valid. By accepting the Grant Deed, the City agrees to accept responsibility for maintenance of the sidewalks and street trees in this area. The Central Avenue and Liberty Street Streetscape Improvements Project will provide a safe, accessible and attractive pedestrian route in this area and at the same time will reduce the current maintenance efforts of both BART and the City. While agreeing to take on the maintenance responsibility for the sidewalk and trees will increase the City's maintenance costs a few years down the line, the benefit of controlling the safety, accessibility and appearance of the public right-of-way is considered to outweigh the increased costs. Separate agreements and grant deeds are planned for the remaining areas covered by the 1965 Agreement at both the Del Norte Station and the Plaza Station. Once all the remedial work is completed by BART, these will be presented for consideration of the City Council. FINANCIAL CONSIDERATIONS Sidewalks typically require no routine maintenance and therefore no increased costs for maintenance are anticipated after they are replaced by the Central A venue and Liberty Street Streetscape Improvements Project. Approximately eight street trees on Central A venue between the Ohlone Greenway and Liberty Street will become the responsibility of the City. Maintenance costs for the first two years will be funded by the project. After that the maintenance cost per tree is estimated to be approximately $30 per year. In all, the annual maintenance costs for accepting the Grant Deed is estimated to be $240 per year. The Public Works Department anticipates being able to incorporate this cost in its annual maintenance budget starting in Fiscal Year 2015/16. LEGAL CONSIDERATIONS The City Attorney has reviewed and commented on the draft agreement. The final agreement will be substantially in the form attached and is pending approval by BART on November 17, 2011. Page 3 ---PAGE BREAK--- Agenda Item No. 5(C) Scott Hanin, City Manager Attachment: 1. Accompanying Resolution 2. Grant Deed- Exhibit A to the Resolution Page 4 ---PAGE BREAK--- RESOLUTION 2011-XX Agenda Item No. S(C) Attachment 1 RESOLUTION OF THE EL CERRITO CITY COUNCIL ACCEPTING A PUBLIC RIGHT OF WAY EASEMENT ADJACENT TO THEEL CERRITO PLAZA BART STATION ON CENTRAL A VENUE, WEST OF THE OHLONE GREENWAY, PENDING APPROVAL BY BART WHEREAS, maintenance efforts by both the City and BART for the sidewalks and street trees around the El Cerrito Plaza BART Station have been steadily increasing over the years; and WHEREAS, the City and BART were able to secure funding grants from Transportation for Livable Communities (TLC) for various pedestrian, bicycle, accessibility, wayfinding, landscaping and lighting improvements, including sidewalk and tree replacement, around the El Cerrito Plaza BART Station; and WHEREAS, in June 1965, the City Council adopted Resolution No. 2889 authorizing the execution of an agreement (1965 Agreement) allowing BART to complete street improvements related to the construction of the El Cerrito Plaza BART Station and calling for the City to accept the improvements and become responsible for maintenance of the improvements after BART completed the improvements and transferred any necessary grant deeds for public right-of-way to the City; and WHEREAS, the TLC grants secured by the City require that the City have appropriate easements for construction and maintenance of the improvements planned under the Central A venue and Liberty Street Streetscape Improvements Project; and WHEREAS, the 1965 Agreement is still valid and the City of El Cerrito considers the benefit of controlling the safety, accessibility and appearance of the public right-of-way to outweigh the burden of maintaining it. NOW THEREFORE, BE IT RESOLVED that the City Council of the City ofEl Cerrito accepts a Grant Deed, attached hereto to as Exhibit A, from BART for a Public Right of Way Easement adjacent to the El Cerrito Plaza BART Station on Central Avenue west of the Ohlone Greenway, and authorizes the City Manager to execute the Grant Deed pending approval by BART. BE IT FURTHER RESOLVED, that the Grant Deed and this Resolution shall be recorded with the County Recorder of Contra Costa County. I CERTIFY that at. a regular meeting on November 21, 2011 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: * * * * * ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 IN WITNESS of this action, I sign this document and affix the corporate seal of the City ofEl Cerrito on November XX, 2011. Cheryl Morse, City Clerk APPROVED: Ann Cheng, Mayor ---PAGE BREAK--- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of El Cerrito 10890 San Pablo A venue El Cerrito, CA 94530 Attention: City Engineer EXEMPT FROM RECORDING FEES PER GOV'T CODE § 27383 AND FROM DOCUMENTARYTRANSFER TAX PER REV. AND TAXATION CODE§ 11922 PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 < DRAFT Agenda Item No. 5(C) Attachment 2 Resolution No. 2011-XX, Exh. A VERTICAL LINE NEEDS TO BE 5" FROM RIGHT SIDE OF PAPER (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) EL CERRITO STREETS II Westerly Central A venue GRANT DEED FOR PUBLIC RIGHT OF WAY EASEMENT This Grant Deed for Public Right of Way Easement ("Agreement") is entered into on this day of , 2011 ("Effective Date") by and between the San Francisco Bay Area Rapid Transit District, a rapid transit district ("BART" or "Grantor") and owner in fee of that real property described herein, and the City of El Cerrito, a California municipal corporation ("City" or "Grantee")( collectively, the "Parties"). RECITALS 1. Grantor is the owner of the El Cerrito Plaza BART Station, including the underlying real property fee interest located at 6699 Fairmont Avenue, El Cerrito, California 94530, (the "Property"). 2. The El Cerrito Plaza BART Station is wholly within the City of El Cerrito, and is accessed by automobiles, transit vehicles, bicycles, and pedestrians. 3. Pursuant to an Agreement between the Parties dated December 6, 1965 1965 Agreement") the Parties agreed to the widening, modification, relocation and abandonment of City's streets, the relocation or reconstruction of City-owned utility and sewer facilities, the use of certain City streets for BART purposes, certain landscaping along the referenced streets, and the maintenance thereof and other relevant matters ("1965 Improvements"). 4. Pursuant to the 1965 Agreement, the City would accept the 1965 Improvements, Grantor would transfer any necessary deeds or additional or new right of way that may be required, and the City would become responsible for maintenance of the 1965 Improvements. 1658438.1 1 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 ---PAGE BREAK--- DRAFT GRANT AGREEMENT Agenda Item No. Attachment 2 1. Grant of Right of Way Easement. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee the following right of way easement over the Property, subject to the conditions set forth in this Agreement (the "Right of Way Easement"): those certain parcels shown as either "Easement for Street Widening" or "Right of Way for Street Widening" on the "Record Maps of Right of Way Bay Area Rapid Transit District" sheets RRW33 and RRW33A, filed for record on October 24, 1975, in Book 1 of BART Maps, at Pages 22 and 23, in the Office of the Recorder of Contra Costa County, and designated as Parcels R33-10, R33-11 and R33A-2, said parcels being portions of other fee areas with the original acquisition documentation as shown on said sheets. Reductions of said sheets are attached for representation only and all references are to the original maps as filed. RESERVING unto Grantor, its successors and assigns, an easement for rapid transit purposes and appurtenances thereto over, under, along, across and through the aforesaid Parcel R33-11 as shown on the maps referred to hereinbefore and also being subject to special assessments, if any, restrictions, reservations, easements and other matters of record 2. Purposes of Right of Way Easement. Grantee may use the Right of Way Easement to maintain, inspect, and repair the 1965 Improvements and other new improvements; and to maintain, inspect, repair and improve the Right of Way Easement for other street purposes and appurtenances thereto, over, under, along, across and through all the Right of Way Easement, including but not limited to the installation, removal and modification of the street pavement, sidewalk, curb, gutter, pedestrian ramps, landscaping, street trees, lighting, stormwater treatment facilities, storm drain facilities, irrigation, curb markings, traffic control devices, parking signs, waste and recycling receptacles, benches, wayfinding signs, bus shelters, newspaper racks, security cameras, bicycling racks and parking, and other utilities. 3. Use of Right of Way Easement. Grantee must use reasonable care in using its Right of Way Easement and may not unreasonably increase the burden on the Property. SIGNATURES ON FOLLOWING PAGE 1658438.1 2 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 ---PAGE BREAK--- DRAFT Agenda Item No. Attachment 2 IN WITNESS WHEREOF, the Grantor and Grantee have executed this Grant Deed for Public Right of Way Easement as of the Effective Date first written above. GRANTOR, San Francisco Bay Area Rapid Transit District By: Its: President of the Board ATTEST: By: Its: District Secretary APPROVED AS TO FORM: By: Patricia McCoy Smith Its: Attorney 1658438.1 GRANTEE, City ofEl Cerrito By: Scott Hanin Its: City Manager By: Its: ATTEST: Cheryl Morse City Clerk APPROVED AS TO FORM: By: Sky Woodruff Its: City Attorney 3 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 ---PAGE BREAK--- BART ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) DRAFT ) Agenda Item No. Attachment 2 On , before me, , a Notary Public, personally appeared and who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ (Seal) CITY ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On , 2011, before me, , (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1658438.1 4 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 ---PAGE BREAK--- 1658438.1 DRAFT ATTACH BART RECORD MAPS OF RIGHT OF WAY Agenda Item No. Attachment 2 5 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031 ---PAGE BREAK--- HE~iJ.fRS~N T~PSCOTT TRACT , N~ I ' a - 'i • - l i_ il-ll~L)/; . . : \ ~ ~ / i 3: 0 ~ ~ ~ §I _ PRIMARY TRAVERSE STA TO STA PARSONS BRINCKERHOFF • TUDOR • BECHTEL ENGINEERS DATE JANC.l.RY ZZ.1965 SCALE 1" = SO' KISTUI. SAVIO "lo REI INCORPOAATED- SURVEYORS PACKACE R- OOB CONTRACT R- 509 SHEET RRW - 5~A r Ol CD 3 Q) CD. CD ~3 ~ z 0 1--23 'ri ---PAGE BREAK--- 4/i·f.Yii PRlMARY TRAVERSE STA TO STA PARSONS BRINCKERHOFF - TUDOR- BECHTEL ENGINEERS DATE JANUARY 22,1965 SCALE 1" = SO' KISTER. SAVIO REI II'ICORPOIIATED- SURVEYORS PACKAGE R- 008 CONTRACT R -509 SHEET RRW 33 ! ;J.:L W CD 3 w CD;:; CD r-+3 N z 0 ---PAGE BREAK--- DRAFT Agenda Item No. Attachment 2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed for Public Right of Way, dated the_ of , 2011, from the San Francisco Bay Area Rapid Transit District or BART, a rapid transit district ("Grantor") to the City ofEl Cerrito, a municipal corporation ("Grantee"), is hereby accepted on behalf of the City by its City Manager pursuant to authority conferred by Resolution No. , adopted by the City Council of the City ofEl Cerrito on the of , 20 11, and that the City consents to recordation of the Grant Deed for Public Right of Way by its duly authorized officer. Dated 2011 CITY OF EL CERRITO, a California municipal corporation By: Scott Hanin Its: City Manager ATTEST: By: Cheryl Morse Its: City Clerk APPROVED AS TO FORM: By: Sky Woodruff Its: City Attorney 1658438.1 . 6 Grant Deed for Public Right of Way Easement PORTIONS OF APN: 504-121-017; 504-122-010 AND 504-130-031