TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: First and Oxbow Development Easement Agreement 270007B (FC)
RECOMMENDATION
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Approve of and authorize the District Board chair to sign the First and Oxbow Easement Agreement No. 270007B with Foxbow Development, LLC, Foxbow 1, LLC, and Timothy L. Herman Survivors Trust (collectively, the “Developer”) granting easements to the Developer in exchange for flood control improvements, construction of a permanent public access pathway, and funding for restoration and streambank stabilization for the Napa County Flood Control and Water Conservation District (District) and authorization for District Manager to sign attached deeds. (Fiscal Impact: $70,000 Revenue; Budgeted; Discretionary)
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BACKGROUND
Under the Agreement, the Developer would receive the following easements and fee ownerships to be granted to them by the District in association with their development:
1. An Access and Utility Easement to a portion of APN 003-241-005, a 3,916 square foot piece of land
2. An Access and Utility Easement to a portion of Water Street adjacent to APN 003-242-001, a 2,981 square foot piece of land
3. A two-foot-wide strip of land on APN 003-241-005, a 180 square foot piece of land
In exchange, the District would receive the following:
1. The Developer will improve the District parking lot on APN 003-242-001 to meet the new grade of Water Street including restriping.
2. The Developer will construct a public path and access for the District between First Street and the proposed Water Street improvements
3. The Developer will transfer funding in the amount of $70,000 to the District for riparian restoration, bank stabilization, flood protection, recreation improvements, or similar projects on District property or other properties in the area.
The parcels with APNs 003-241-005 and 003-242-001 were acquired by the District for implementation of the flood project, including construction of a trail access between First Street and Water Street. Granting the easements will not negatively impact the Napa River Flood Protection Project (Flood Project) due to the Developer taking on the responsibilities for constructing the improvements that were planned for the areas where the easements would be granted. The exchange will be an overall benefit to the Flood Project and the District by reducing costs for completing the goals of the Flood Project and lowering future operations and maintenance costs.
Requested Action:
1. Approve of and authorize the District Board chair to sign First and Oxbow Easement Agreement No. 270007B with Foxbow Development, LLC, Foxbow 1, LLC, and Timothy L. Herman Survivors Trust.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Subdivision 8001000 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The agreement will allow for advancement of the goals of the Flood Project, including the future trail connection. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
The development, as approved by the City of Napa, would not be able to move forward with construction and overall costs for implementation of the Flood Project would increase. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and, therefore, CEQA is not applicable.