SUBJECT: APPROVAL OF AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT FOR THE SHILOH ROAD BRIDGE SEISMIC RETROFIT PROJECT

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1 Click Here to Return to Agen TI I I OARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY DEPT: PIIRI lr,ks /5 BOARD AGENDA# *C-1 Urgent Routine / AGENDA DATE MAY 13: 7003 CEO Concurs with Recommendation YES- NO- 415 Vote Required YES NO I/ (Information Attached) SUBJECT: APPROVAL OF AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT FOR THE SHILOH ROAD BRIDGE SEISMIC RETROFIT PROJECT STAFF RECOMMEN- DATIONS: 1. APPROVE THE AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT; 2. AUTHORIZE THE CHAIRMAN OF THE BOARD TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY; (CONTINUED ON PAGE 2) FISCAL IMPACT: There are! sufficient funds in the Public Works budget to cover the $ appropriations increase. BOARD ACTION AS FOI-LOWS: On motion of Supervisor ----!?a_u_l..., Seconded by Supervisor ---C~IUSQ and approved by the following vote, Ayes: Supervisors:~Pa~l,~ie~d~~~~v_er,~~a~u8~~.~~d~~haimm~imsn Noes: Su~e~isors:-N~~-e-~~~~ Excused or Absent: Supervisors:N~~e , Abstaining: Supervisor:Nom... I) X Approved as recommended 2) Denied 3) Approved as amended 4) Other: MOTION: ATTEST: CH~STINE FERRARO TALLMAN, Clerk File No.

2 Click Here to Return to Agenda SUBJECT: APPROVAL OF AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT FOR THE SHILOH ROAD BRIDGE SEISMIC RETROFIT PROJECT PAGE: 2 STAFF RECOMMEN- DATIONS (Continued): 31. DIRECT THE AUDITOR-CONTROLLER TO INCREASE APPROPRIATIONS BY $ , IN THE PROJECT ACCOUNT, PER THE ATTACHED FINANCIAL TRANSACTION SHEET, TO ACQUIRE THE TEMPORARY EASEMENT; AND, 4,. DIRECT THE AUDITOR-CONTROLLER TO ISSUE A WARRANT FOR THE PURCHASE AMOUNT OF $ PAYABLE TO MICHAEL C. VAN ANDAL. DISCUSSION: The County has a project planned to install improvements on the Shiloh Road Bridge across the Tuolumne River to help it resist an earthquake. To accomplish this, we will need to acquire a temporary construction easement from the owner of the property at the northwest comer of the bridge. The owner has agreed to accept the amount of $ for this temporary easement. That is the estimated amount of just compensation. POLICY ISSUES: This action is consistent with the Board's policy of providing a safe, healthy community. STAFFING IMPACT: There is no staffing impact associated with this item.

3 I Click Here to Return to Agenda I AUDITOR-CONTROLLER BUDGET JOURNAL AUDITOR'S COPY TO Jun-03 Journal Batch h:\budget\jvbgform.xls - crn Page 1 of 1

4 I ~ lici Here to Return to Agenda AGREEMENT - TEMPORARY CONSTRUCTION EASEMENT This Agreement is made and entered into by and between the County of Stanislaus ("County"), and Michael C. Van Andel and Evelyn J. Van Andal ("Owners"). 1. Owners warrant and represent that they are the sole owners of property in Section 7, Township 4 South, Range 8 East, Mount Diablo Base and Meridian, said property being generally described as Stanislaus County Assessor's Parcel Number ("APN") Owners hereby grant to County a Temporary Construction Easement upon a portion of APN as shown on Exhibit A attached hereto. The purpose of said easement is to allow County or its Contractor to place and operate a crane and otliei- equipment and materials as may be reasonabiy necessary to upgrade the existing Shiloh Road bridge across the Tuolumne River. 3. Owners also grant the right for County and its Contractor to use the existing driveway,for access to and from the area covered by this Agreement. 4. It is understood that the granting of the easement will result in the destruction of three (3) young trees currently existing within the easement. 5. This Agreement is expressly subject to approval by the County's Board of Supervisors. If the Board of Supervisors approves the Agreement, it shall become effective when it has6een signed by both Owners and County, and st;lall expire at 'the earlier date of either one year or the filing by the County's contractor of a notice of completion for the construction project. 6. Within ninety (90) days of the effective date of this Agreement, County will pay to Ovvners the sum of one thousand five hundred dollars ($1,500.00) as consideration for land use and the destruction of the three (3) trees described in paragraph 4 above. 7. Prior to occupying the site, County's contractor shall provide Owner the following: 9 ' Proof of current worker's dbmpensation coverage. Proof of general liability and automobile insurance, naming Owner as an additional insured, with a rninimum coverage of one million dollars ($1,000,000.00). A signed statement from the Contractor stating that Owner will not be held liable for.r theft or vandalism of equipment and/or materials left on Owner's property. A statement in writing naming the contractor's "on site" superintendent, as well as listing emergency after hours telephone numbers. A written statement from Contractor declaring that reasonable care will be taken to protect an existing pipe under Owner's driveway. Such statement shall also declare that

5 Click Here to Return to Agenda 4 if the pipe is damaged during construction work, contractor will repair it in a timely manner so as not to interfere with Owner's farming operation. Any damage done by County's contractor to the existing driveway will be repaired promptly at the end of the construction work. The terms of this Agreement are for full settlement and release of all claims for compensation for the granting of the easement and damages, including any inverse condemnation damages. IN WITNESS WHEREOF, this Agreement is entered into on &bg7;z, Chairman of the Board of Supervisors ATTEST: CHRISTINE FERRARO TALLMAN, - APPROVED AS TO FORM: MICHAEL H. KRAUSNICK Assistant county Counsel S TO CONTENT: ment of Public Works ATTACHMENTS -- Drawing of the Temporary Construction Easement Area

6 j Click Here to Return to Agenda I I ' I I

7 Ij~lici Here to Return to Agenda " '8 AGREEMENT - TEMPORARY CONSTRUCTION EASEMENT This Agreement is made and entered into by and between the County of Stanislaus ("County"), and Michael C. Van Andel and Evelyn J. Van Andal ("Owners"). 1. Owners warrant and represent that they are the sole owners of property in Section 7, Township 4 South, Range 8 East, Mount Diablo Base and Meridian, said property being generally described as Stanislaus County Assessor's Parcel Number ("APN") Owners hereby grant to County a Temporary Construction Easement upon a portion of APN as shown on Exhibit A attached hereto. The purpose of said easement is to allow County or its.contractor to place and operate a crane and otllei- equipment and materials as rnay be reasonably necessary to upgrade the existing Shiloh Road bridge across the Tuolumne River. 3. Owners also grant the right for County and its Contractor to use the existing driveway.for access to and from the area covered by this Agreement. 4. It is understood that the granting of the easement will result in the destruction of three (3) young trees currently existing within the easement. 5. This Agreement is expressly subject to approval by the County's Board of Supervisors. If the Board of Supervisors approves the Agreement, it shall become effective when it has been signed by both Owners and County, and shall expire at 'the earlier date of either one year or the filing by the County's contractor of a notice of completion for the construction project. 6. Within ninety (90) days of the effective date of this Agreement, County will pay to Owners the sum of one thousand five hundred dollars ($1,500.00) as consideration for land use and the destruction of the three (3) trees described in paragraph 4 above. 7. Prior to occupying the site, County's contractor shall provide Owner the following: A 9 ' Proof of current worker's dbmpensation coverage. Proof of general liability and automobile insurance, naming Owner as an additional insured, with a rninimum coverage of one million dollars ($1,000,000.00). A signed statement from the Contractor stating that Owner will not be held liable for theft or vandalism of equipment and/or materials left on Owner's property. A statement in vvriting naming the contractor's "on site" superintendent, as well as listing emergency afteir hours telephone numbers. A written statement from Contractor declaring that reasonable care will be taken to protect an existing pipe under Owner's driveway. Such statement shall also declare that

8 : Click Here to Return to Agenda t if the pipe is damaged during construction work, contractor will repair it in a timely manner so as not to interfere with Owner's farming operation. Any damage done by County's contractor to the existing driveway will be repaired promptly at the end of the construction work. The terms of this Agreement are for full settlement and release of all claims for compensation for the granting of the easement and damages, including any inverse condemnation damages. IN WITNESS WHEREOF, this Agreement is entered into on %do/,,, OWNER - ATTEST: Chairman of the Board of Supervisors APPROVED AS TO FORM: MICHAEL H. KRAUSNICK &hn P. Doering 1 Assistant County Counsel S TO CONTENT: rtment of Public Works ATTACHMENTS -- Drawing of the Temporary Construction Easement Area

9 $ ' Click Here to Return to Agenda 'I rj NOT TO SCALE f Exlstlng flshfng access 35' x 50' roxlmote) Dr I veway for access to '2 steel coslng Port of old rood (Multiple ducts flber optlc) (not abandoned) b JAM3 L. GRfGG RCE DATE DATE OLY OTtl8RW1 SHILM ROAD BRIDGE AT TUOLULHE RIVER SEISMIC RETRff IT COUNTY OF STAN I SLAUS EPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SULE:NOT TO SCALE 1 IIRIDGE WD.: 38C-073 &IEE~ OF VICINITY MAP FILE YO.: I IWYENTORT no DATE