Santa Clara County Grant Deed Form by srn18580

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									                                                                                         BOS Agenda Date : March 18, 2008
                                                                                                      Agenda Item No. 56




County of Santa Clara
Facilities And Fleet Department
Intragovernmental Support Services
Property Management


FAF02 031808                                                                .
                                                              Prepared by:. Janet Motha
                                                                            Senior Real Estate Agent
                                                             Reviewed by:. Caroline Judy
                                                                           Manager, Intragovernmental Support
                                                                           Services
                                                                           Bill Drake
                                                                           Manager of Real Estate Assets

DATE:          March 18, 2008

TO:            Board of Supervisors

FROM:

               Larry Jinkins
               Director of Facilities and Fleet Department

SUBJECT:       Amendment to Right of Way Contract #55878 with the State of California for Property Exchange and
               Cost Reimbursement associated with Route 87 project.




RECOMMENDED ACTION
Consider recommendations relating to property exchange and cost reimbursements with the State of California
Department of Transportation (State).
Possible actions:


    a. Approve Amendment to Right of Way Contract, State Highway #55878, with the State
       of California through the Department of Transportation to amend the terms of property
       exchange and cost reimbursement.
    b. Execute Grant Deed (Revised Exhibit C of Contract #55878).
    c. Approve delegation of authority to the Director of Facilities and Fleet Department

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                                                                                              BOS Agenda Date : March 18, 2008
                                                                                                           Agenda Item No. 56



        (FAF), or designee, to sign the Certificate of Acceptance and related documents for the
        Director's Deed for property to be deeded to the County as part of the exchange,
        following approval by County Counsel as to form and legality, and approval by the
        Office of the County Executive. Delegation of authority shall expire on December 1,
        2009.
     d. Approve Request for Appropriation Modification No. 142 - $507,013.54 increasing
        revenue and expenditures in the Facilities and Fleet Department (FAF), Property
        Management budget. (4/5 Roll Call Vote).

FISCAL IMPLICATIONS
The County will receive the sum of $320,078.54 for costs incurred to mitigate damages to County-owned Juvenile
Center property located at Guadalupe Parkway relative to the State's Route 87 Project 04 -SCL-97. The County will also
receive an additional sum of $186,935 for the relocation of utilities, that currently lie beneath Frontage Road right of
way, onto County property. After receiving the approved documents and the Grant Deed from the County, it will take
the State a minimum of 90 days to make the total payment of $507,013.54 to the County.

These funds will increase the FY 2008 budget assuming approval of the actions recommended in this transmittal.


CONTRACT HISTORY
On May 18, 2004, the Board approved the original Right of Entry dated October 13, 1999 and subsequent amendments
granted to the State by the County that allowed the State to widen Route 87 and make other related improvements on
County-owned Juvenile Center property at Guadalupe Parkway and Hedding Street.

On the same day, the Board also took action to grant the State a temporary construction easement for the same project.

Following approval by the Board in May 2004, the County was to legally transfer ownership to the State land that was
already being used for the new Frontage Road, which was part of of the Route 87 project. In reciprocation, the State was
to transfer agreed upon land to the County and the State was to have reimbursed the County the sum of $320,078.54 for
costs incurred by the County to mitigate the damages to County-owned Juvenile Center relative to the State's Route 87
Project 04-SCL-97.

Prior to close of escrow, an error was discovered in the Grant Deed legal description of Parcel 1 (55878-1) and Parcel 2
(55878-2). As a result, the transaction was not completed, the Grant Deed was not recorded, and the County did not
receive any reimbursement from the State.


REASONS FOR RECOMMENDATION
Following approval by the Board of Supervisors on May 18, 2004 of the Right of Entry Agreement, subsequent
amendments, and the Grant Deed transferring County property to the State, the documents were forwarded to the State
for execution and recordation. However, prior to close of escrow, an error was discovered in the legal description of
Parcel 1 (55878-1) and Parcel 2 (55878-2) in the Grant Deed, so the transaction was not completed and the Grant Deed
was not recorded.

Due to a number of factors including several changes in staff at the State, the closure of this agreement has not occurred.




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                                                                                              BOS Agenda Date : March 18, 2008
                                                                                                           Agenda Item No. 56



The approval of this Amendment to Contract #55878 by the County is necessary for the State to process closing
documents and provide the payment of $507,013.54 to the County ($320,078.54 for the reimbursement costs incurred by
the County to mitigate damages to County-owned Juvenile Center property, and $186,935 relating to the additional cost
for utility relocation).

The County will legally transfer ownership to the State for land that is already being used for the new Frontage Road,
which is part of the Route 87 project, and in reciprocation, the State will transfer land to the County.


BACKGROUND
The State, in partnership with the County and the City of San Jose, has for several years been in the process of widening
and improving Route 87, the Guadalupe Parkway, from Julian Street to Route 101, and Route 880/87 interchange and
sections of Route 101. The construction for Route 87 was to enhance the County transportation network, provide
improved access to the Norman Mineta San Jose International Airport and improve traffic circulation in the San Jose
downtown civic center area.

The widening of Route 87 between Mission Street and Hedding Street caused the County to make certain upgrades to
the Juvenile Center facility to minimize the impact of the nearby highway. These included the upgrade or replacement of
windows, certain components of water system relocation, and design and construction costs for the new Juvenile Center
playing fields. In addition, the State and the County agreed to respectively transfer title to two parcels of land, one
owned by each party. The State has constructed a piece of Route 87 on a parcel formerly owned by the County, and the
County has constructed playing fields on a parcel formerly held by the State.

On May 18, 2004, the Board approved the original Right of Entry dated October 13, 1999, and subsequent amendments
granted to the State by the County that allowed the State to widen Route 87 and make other related improvements on
County-owned Juvenile Center property at Guadalupe Parkway and Hedding Street.

Following approval by the Board in May 2004, the County was to legally transfer ownership to the State of land that was
already being used for the new Frontage Road, which is part of of the Route 87 project, and in reciprocation the State
was to transfer agreed upon land to the County.

In addition to the transfer of land, the State was to have reimbursed the County the sum of $320,078.54 for costs
incurred by the County to mitigate the damages to County-owned Juvenile Center relative to the State's Route 87 Project
04 -SCL-97.

Prior to close of escrow, an error was discovered in the legal description of Parcel 1 (55878-1) and Parcel 2 (55878-2) in
the Grant Deed, so the transaction was not completed and the Grant Deed was not recorded and the County was not
reimbursed $320,078.54.

In addition, with the construction of the new Frontage Road between Juvenile Center and the new Route 87, utility lines
servicing the County buildings remain under the new Frontage Road. The City is requiring the County to relocate those
utilities and the State has agreed to reimburse the County $186,935 to relocate the utilities. The new Frontage Road will
be deeded to the City of San Jose by the State after the utilities are relocated onto County property.


CONSEQUENCES OF NEGATIVE ACTION
The County will not receive the sum of $507,013.54 ($320,078.54 for reimbursement and $186,935 for utility
relocation), and the land transfers will not be recorded.




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                                                                   BOS Agenda Date : March 18, 2008
                                                                                Agenda Item No. 56



STEPS FOLLOWING APPROVAL

  1. Provide Keyboard notification to Bill Drake, Janet Motha and Ellen De La Cruz,
     Facilities and Fleet Department, ISS Property Management
  2. Return two original signed Amendments to Right of Way Contract to FAF, ISS Property
     Management, Attn: Janet Motha, who will forward them to the State for execution.
  3. Return executed and notarized Grant Deed to FAF, ISS Property Management, Attn:
     Janet Motha, who will forward them to the State for acceptance.

ATTACHMENTS


  •

  • Amendment to Right of Way Contract

  • Revised Exhibit C-Grant Deed

  • F-85 #142 Guadalupe Parkway

  • Exhibit A-Right of Way Contract-State Highway




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