Approve a Subordination & Acquisition Agreement with Robert E. Eoff Sr., Trustee of the Barbara J. Eoff Trust, dated November 21, 2001 and Robert E. Eoff, Trustee of the Eoff Trust – Exempt Credit Trust dated January 4, 2001, Yolo Land Trust, and the City of Davis to acquire a Public Utility Easement and a Roadway and Public Utility Easement for the CR 29 Bridge Replacement Project over Dry Slough for $1,151; authorize the Director of Public Works to execute the Agreement and take other steps necessary to complete the transaction. (No general fund impact) (Lindbo/Razo)

Approval of the Subordination & Acquisition Agreement (Attachment A) will establish a permanent roadway and utility easement, as well as a separate public utility easement, to allow for the construction of the County Road (CR) 29 Bridge Replacement project over Dry Slough (“Project”). 

Background

The CR 29 Bridge over Dry Slough (22C-117) is located approximately 0.75-mile west of CR 98. The existing 20-foot-wide bridge built in 1930 was classified by Caltrans as functionally obsolete with a sufficiency rating of 39.6 of 100.  The new bridge will comply with the current standard and will be 32-foot wide comprised of two 12-foot lanes and four-foot shoulders.  During construction, the road will be closed and traffic will be detoured to CR 95 and CR 98.  The CEQA mitigated negative declaration for this project was approved on November 9, 2016.  The NEPA categorical exclusion was approved on March 9, 2017.

In connection with the Project, the County must acquire a public utility easement (“PUE”) comprising 7,152 square feet of land from the Eoffs on a portion of their property at 37495 County Road 29 (APN 040-200-029).  The PUE will abut County Road 29 and is primarily for overhead power lines; it will not remove any farmland from production. The County must also acquire a roadway easement comprising 8,582 square feet of land. 

The Eoff property also has an agricultural conservation easement that was granted to the Yolo Land Trust (“YLT”) and the City of Davis in 2013.  The conservation easement was acquired with funds provided by the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”). Construction of the bridge has been delayed due to the complications created by the conservation easement.  The County has worked with NRCS, YLT and the City of Davis for over four years regarding the County’s required PUE and right of way easements for the Project and determined that the conservation easement within the easement areas (approximately 0.396-acres) would be subordinated to the County’s easements so that the County can utilize the easement areas without violating the conservation easement restrictions. In return, the County will pay $1,151 to YLT, consistent with the County’s appraisal.  YLT will use these funds to include 7,152 square feet of comparable land in a future conservation easement transaction.

Approving the Subordination and Acquisition Agreement (Attachment A) will memorialize the subordination of the conservation easement to the County's easements and allow the County to complete right of way acquisition and certify the acquired right of way for the Project with the California Department of Transportation (Caltrans).  Once right of way is certified, the County’s design consultant can prepare the final project documents, staff can advertise the project, and the bridge can be constructed in the summer of 2025.

County Counsel has approved the agreement as to form
City of Davis
Yolo Land Trust
Natural Resources Conservation Service

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