Approve agreement with John G. Hutchens in the amount of $27,200 for acquisition of a road and utility easement and a temporary construction easement for the County Road 41 Washout Realignment Project. (General fund impact $27,200) (Echiburu/Riddiough)

Easement acquisition is required on this property for the County Road (CR) 41 Washout Realignment Project (“Project”). An independent appraisal was prepared by an appraiser with Bender Rosenthal, Inc., a property acquisition consultant, to determine the value of the easement interests the County must acquire for the Project.  County staff worked with the property owner to come to a mutually acceptable agreement for the easement purchase and compensation.
 
BACKGROUND

The Project involves realignment of approximately one-quarter mile of CR 41, north of the town of Rumsey, where an unmaintained portion of the CR 41 right-of-way has been undermined by erosion in Cache Creek (see Attachment A for Site Map). The road shoulder and several hundred feet of roadway were washed away in the 2019 storms, and the right-of-way is impassible. As a result, landowners affected by the washout, along with the Capay Valley Fire Protection District, have been forced to use alternative routes for access. One property owner is restricted to access during the summer months when the bank is stable.

County Road 41 is identified as a critical evacuation route by the Yolo County Office of Emergency Services for area residents in case of wildfire. To resolve the issue, on October 12, 2021, the Yolo County Board of Supervisors directed staff to purchase new right-of-way to replace a one-quarter-mile section with a gravel road such that access to the affected property owners is restored and connection is provided for both remaining segments of CR 41 outside the eroded area.  The new road alignment will be shifted east to allow for some likely ongoing erosion in the creek, which is supported by a geomorphology assessment completed in 2021 that showed additional erosion to the bank will likely occur.  The portion of existing (washed-out) right-of-way that is superseded will be vacated by the County following project completion.
 
County Planning staff reviewed the project under CEQA and determined that it is categorically exempt.  A CEQA Notice of Exemption was filed with the County Recorder on April 14, 2022.

The permanent road and utility easement is needed to realign the roadway and restore access to the properties and the continuity of CR 41. The temporary construction easement is needed for Project construction.  Just compensation was established by the County based on the independent appraisal prepared by a licensed appraiser with Bender Rosenthal, Inc. and an offer was presented to the owner on August 15, 2022. Since that time, staff has worked with the property owner to reach an acceptable agreement as shown in the attached Agreement (Attachment B).