DATE: August 9, 2016
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Right-of-Way Acquisition for Fowler Avenue from Elkhorn Avenue to South Avenue paved shoulder project - Federal Project No. CML 5942(211)
RECOMMENDED ACTION(S):
TITLE
Accept the easement deed and authorize the Chairman to execute the right-of-way contract for the Fowler Avenue from Elkhorn Avenue to South Avenue paved shoulder project for a total monetary consideration of $23,300.
REPORT
Approval of the recommended action will authorize the purchase of additional right-of-way at a cost of $23,300 on Fowler Avenue (shown on attached Exhibit A). This acquisition will facilitate the construction of paved shoulders on Fowler Avenue. The paved shoulders will improve air quality by decreasing the amount of airborne particulate matter disturbed by passing vehicles.
ALTERNATIVE ACTION(S):
The Board may reject the purchase of additional right-of-way. The rejection of the purchase will cause this project to be cancelled, since the purchase is necessary to construct the project. The cancellation of the project will require the County to refund to the Federal Highway Administration (FHWA) any money that was disbursed by the FHWA to the County for project costs.
FISCAL IMPACT:
There will be no Net County Cost associated with the recommended action. A warrant will be drawn on the Road Fund 0010, made payable to the individual grantor listed below. This project is eligible for reimbursement under the Congestion Mitigation Air Quality Improvement (CMAQ) program, Federal Project No. CML 5942(211). The CMAQ program will provide 88.53% of the project funding. The remaining 11.47% will be paid out of the Road Fund. Sufficient funds for the project are included in the FY 2016-17 Public Works and Planning - Roads Org 4510 Adopted Budget.
The property owner’s name, address and the basis of the compensation associated with this parcel is as follows: Parcel 21 - Matthew M. Jackson and Tawny R. Jackson, 41074 Road 32, Kingsburg, CA 93631- $23,300. This is for a 0.287 acre road easement, trees, posts, anchors and severance damages to the remainder, if any.
Of the total compensation provided pursuant to this agenda Item, all $23,300 is for a permanent roadway easement.
DISCUSSION:
The project scope consists of constructing eight-foot wide paved shoulders on each side of Fowler Avenue from Elkhorn Avenue to South Avenue. Fowler Avenue is a rural two-lane undivided major collector that has approximately 24 feet of paved travel way with eight-foot wide maintained dirt shoulders on each side. With the proposed project, the new pavement width will be 40 feet.
The center-line of the existing road, as originally constructed, deviates significantly from the planned section line varying from 0 feet to as much as 49 feet. With the acquisition of this parcel, the road right-of-way will be clearly identified by obtaining Grants of Easement for 30 feet on each side of the center line.
In certain portions of the project, the County does not have grants of easement of sufficient width to construct the project, but the County has historically maintained the existing paved roadway and unpaved areas adjacent to the roadway. Consequently, the County has established a prescriptive right to the use of the areas maintained. When performing appraisals, no value is assigned to areas where the County has established a prescriptive right to use of the property, but the property is included in the grant of easement to “perfect” the right-of-way.
REFERENCE MATERIAL:
BAI #66, May 22, 2012
BAI #39, February 10, 2015
BAI #41, February 24, 2015
BAI #36, April 7, 2015
BAI #49, May 5, 2015
BAI #64, July 14, 2015
BAI #54, September 22, 2015
BAI #47, October 17, 2015
BAI #32, January 12, 2016
BAI #40, January 26, 2016
BAI #15, March 1, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
Exhibit A
On file with Clerk - Right of Way Contract
On file with Clerk - Grant of Easement
CAO ANALYST:
John Hays