Title
a. Approve and authorize the Director of Public Works, Facilities, and Parks (PWFP) to execute the Amendment to Assignment of Easements Quitclaim Deed, Document #2001094583, (“Amendment”), between the County of Monterey (“County”) and Marina Coast Water District, (“MCWD”) to expand MCWD’s easement rights encumbered on the County owned Assessor’s Parcel Number (“APN”) 031-161-042 to allow MCWD to conduct the installation and maintenance of a groundwater monitoring well, and other related infrastructure; and
b. Authorize the Director of Public Works, Facilities, and Parks (PWFP) to execute any related documents needed to complete the transaction, including, but not limited to, any future amendments to the Amendment subject to the review and approval of the Office of the County Counsel.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors
a. Approve and authorize the Director of Public Works, Facilities, and Parks (PWFP) to execute the Amendment to Assignment of Easements Quitclaim Deed, Document #2001094583, (“Amendment”), between the County of Monterey (“County”) and Marina Coast Water District, (“MCWD”) to expand MCWD’s easement rights encumbered on the County owned Assessor’s Parcel Number (“APN”) 031-161-042 to allow MCWD to conduct the installation and maintenance of a groundwater monitoring well, and other related infrastructure; and
b. Authorize the Director of Public Works, Facilities, and Parks (PWFP) to execute any related documents needed to complete the transaction, including, but not limited to, any future amendments to the Amendment subject to the review and approval of the Office of the County Counsel.
SUMMARY/DISCUSSION:
Marina Coast Water District (“MCWD”) is an independent, publicly-owned special district governed by an elected five-member Board of Directors. MCWD is a public water utility and a regional wastewater treatment provider within the County of Monterey (“County”). MCWD protects public health and the environment with innovative regional water solution systems.
The Fort Ord Reuse Authority (FORA) granted an Assignment of Easements Quitclaim Deed, referenced herein as “Document #2001094583”, on file with the Monterey County Recorder’s Office, to MCWD for MCWD’s ownership, operation and maintenance of water and wastewater related infrastructure throughout the former Fort Ord area.
The Fort Ord Reuse Authority granted a Quitclaim Deed, referenced herein as “Document #2020031379”, on file with the Monterey County Recorder’s Office, to the County for its ownership and responsibility of real property and appurtenances to all former Fort Ord property scheduled to be transferred to the County as of June 30, 2020, which included Assessor’s Parcel Number (“APN”) 031-161-042, (previously referred to as Army Corp of Engineers (“COE”) number L20.2.1).
Document #2001094583 granted MCWD, among other things, certain easement rights, including but not limited to a 20-foot access easement road, which encumbers APN 031-161-042 for the purpose to access and maintain MCWD’s parcel APN 031-161-007, on which is situated MCWD’s water infrastructure (previously referred to as “Water Tank F”).
MCWD is proposing to install a groundwater monitoring well on APN 031-161-042 to collect data on groundwater levels and quality by providing access to the water table, allowing for sampling to detect potential contamination and assess the overall health of its water infrastructure in the area and specifically located on APN 031-161-007. The proposed installation of a groundwater monitoring well is funded by the Sustainable Groundwater Management Act (SGMA) Implementation Grant. As part of the SGMA Implementation Grant, MCWD is required to first acquire easement and access rights needed to install groundwater monitoring well(s) prior to obtaining any well permits. Once MCWD acquires the necessary easement rights, MCWD will solicit bid documents to potential contractors who will obtain the required well permits from the County’s Environmental Health Bureau.
PWFP recommends to expand the easement rights provided to MCWD under Document #2001094583, to allow MCWD to install, operate and maintain groundwater monitoring wells, and other water infrastructure, within MCWD’s existing access easement encumbering APN 031-161-042.
Approval and execution of the proposed Amendment will expand MCWD easement rights and allow MCWD the right to install a groundwater monitoring well, and other water infrastructure, on APN 031-161-042, and allow MCWD to move forward with soliciting bid documents to potential contractors who will obtain the required well permits from the County’s Environmental Health Bureau.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed and approved the proposed Amendment as to form. MCWD is in support of the Amendment. County Environmental Health Bureau is aware of the MCWD monitoring well request and is ready to review appropriate permit applications once the subject Amendment is approved.
FINANCING:
The Board Report and the proposed Amendment were developed by the Public Works, Facilities, and Parks (PWFP) Department staff and funded as part of the fiscal year (FY) 2024-25 PWFP Adopted Budget, General Fund 001, Facilities Appropriation Unit PFP054. There are no ongoing expenses to the County for this easement. Maintenance of the easement is the responsibility of MCWD.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action supports the Board of Supervisors infrastructure strategic initiative by supporting consistent development and safe community-based water infrastructure development and management.
_ Economic Development
_ Administration
Health & Human Services
X Infrastructure
X Public Safety
Prepared by: Ivo N. Basor, PWFP-Management Analyst III, (831) 796-6427
Reviewed by: George K. Salcido, PWFP-Real Property Specialist, (831) 755-4859
Reviewed by: Florence Kabwasa-Green, Chief of Facilities
Approved by: Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities and Parks
The following attachments are on file with the Clerk of the Board:
Attachment A - Location Map
Attachment B - Amendment to Assignment of Easements Quitclaim Deed