REPORT TO THE CITY COUNCIL
September 28, 2017
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
CRAIG L. HANSEN, Supervising Real Estate Agent
Public Works Department, Real Estate Services Section
SUBJECT
Title
Authorize the City Manager or designee to execute a right of way grant deed to Union Pacific Railroad on Clinton Avenue at the eastern edge of the Clinton Avenue overcrossing over Union Pacific Railroad (Council District 1).
Body
RECOMMENDATION
Staff recommends the City Council approve the conveyance of a strip of fee simple right of way ten inches by one hundred and sixty-six feet to Union Pacific Railroad and retain an easement for public street purposes over, under, through and across.
EXECUTIVE SUMMARY
While designing and constructing the relocation of State Route 99, the California Department of Transportation (Caltrans) approached the City with respect to a right of way issue which required a strip ten inches in width by one hundred and sixty-six feet in length (10” by 166’). Due to impacts to California High Speed Rail and Caltrans, Union Pacific Railroad (UPRR) now has to shift its tracks and operating corridor ten inches to the east. In order to maintain UPRR’s standard one hundred foot wide right of way, UPRR needs to obtain a ten inch strip from the City. Staff supports the proposal as long as the City preserves its rights for public street purposes in this area via a public street easement.
BACKGROUND
Due to impacts from the California High Speed Rail project, Caltrans is in the process of relocating approximately two miles of State Route 99 between Ashlan Avenue and Olive Avenue some 100 feet to the west. This is to accommodate the California High Speed Rail corridor which will be located between the realigned State Route 99 to the west and UPRR tracks to the east. The project also involves UPRR shifting a portion of its existing track and operating corridor ten inches to the east. The standard right of way width for the railroad is one hundred feet (100’). However in the after-condition the right of way in this area will be reduced to ninety-nine feet, two inches (99’- 2”). UPRR has insisted on preserving its one hundred foot (100’) wide right of way and the only way to accomplish this is for the City to grant UPRR a ten inch wide right of way on the east side of the tracks. This is the same location where the newly rebuilt easterly side of the Clinton Avenue overcrossing begins. The City owns this portion of right of way in fee simple title. As the City conveys the ten inch strip to UPRR, the City shall retain full easement rights for public street purposes. Essentially this is a conversion of right of way from fee simple to easement.
The City Attorney has reviewed and approved the purchase and sale agreement along with the grant deed as to form.
ENVIRONMENTAL FINDINGS
Since the right of way strip is a conversion from fee simple to an easement, this transaction is not considered a “project” within the meaning of the California Environmental Quality Act Guidelines section 15378 because the transaction will not result in direct or indirect physical changes to the environment.
LOCAL PREFERENCE
Local preference was not considered because the City’s transaction with Union Pacific Railroad does not include a bid or award of a construction or services contract.
FISCAL IMPACT
No money is being exchanged, but there has been City staff time paid for by the High Speed Rail Project, which is included in the adopted City budget. There is no impact to the General Fund.
Attachment: Aerial map of the subject property