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Martis Valley Trail | Easement Agreement with United States Army

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Martis Valley Trail | Easement Agreement with United States Army M E M O R A N D U M DEPARTMENT OF PUBLIC WORKS PARKS DIVISION County of Placer TO: Board of Supervisors DATE: May 25, 2021 FROM: Ken Grehm, Director of Public Works By: Andy Fisher, Parks Administrator SUBJECT: Easement Agreement with United States Army Corps of Engineers / Martis Valley Trail ACTION REQUESTED Approve and authorize the Director of Public Works, or designee, to execute Easement No. DACW-05- 2-21-507 for the portion of the Martis Valley Regional Trail located on the U.S. Army Corps of Engineers’ Martis Creek Lake and Dam Project property. BACKGROUND The Martis Valley Trail (MVT) will be a 10-foot-wide, 10.2-mile long multiple-use paved trail extending from the southern limits of the Town of Truckee across the United States Army Corps of Engineers (USACE) lands (Martis Creek Lake Recreation Area), along Highway 267 to Northstar Drive. It will then go cross country to Northstar Village, and terminate at US Forest Service Road 73 (Tahoe Rim Trail). The MVT is also a segment of the planned Resort Triangle Loop Trail that will connect the communities of Tahoe City, Squaw Valley, Truckee, Martis Valley, Northstar, and Tahoe Vista and one day connect to the Tahoe Bikeway that will extend around the entirety of Lake Tahoe. 1.26 miles of the MVT has been constructed from the Truckee Town Limits into Martis Valley at the westerly boundary of the USACE property, and Segment 3B from the easterly boundary of the USACE property to Northstar Drive is fully funded with an executed construction contract ready to commence in Spring 2021. This easement agreement with the USACE is the final step in obtaining right-of-way to construct the 1.63-mile portion of trail through USACE Property known as Segment 1B2/3A that will complete the continuous paved trail between the Town of Truckee and Northstar Drive. In 2016, the USACE completed a Martis Creek Lake and Dam Master Plan Update (Master Plan) that included this segment of the Martis Valley Trail as an anticipated new amenity through the Martis Creek Lake Recreation Area property, and on January 4, 2021, the Sacramento District of the USACE completed federal environmental review of the Segment 1B2/3A. Those actions in addition to this Easement No. DACW-05-2-21-507 provide the necessary authority for construction and operation of the MVT through the USACE property. The easement allows County use of the USACE property for trail purposes for 35-years. Afterwards, the County and USACE agree to work in good faith to execute extensions of time. During the term of the Easement, the USACE will retain the right to enter the property, to flood the property if required, and to terminate the agreement if the trail interferes with USACE’s use or disposal of the land, or the County does not comply with the terms of the easement. If the easement is eliminated, the County would be required to restore the premises to the satisfaction of USACE. Parks staff has consulted with USACE staff and reviewed the Master Plan and believes the risk of future conflict between the trail and USACE uses is small. As a result, and given the regional public benefits of the trail and remote risks associated with the easement, staff recommends your Board approve and authorize execution of the easement. Northstar Community Service District (NCSD) is project lead for design and construction of Segment 1B2/3A through the USACE Easement area. A subsequent item before your Board today will provide the necessary right-of-entry and funding to allow NCSD to enter and construct this segment of the MVT. 331 Easement Agreement with United States Army Corps of Engineers / Martis Valley Trail May 25, 2021 Page 2 of 3 ENVIRONMENTAL IMPACT NCSD is the lead agency for the project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367. NCSD certified a Final Environmental Impact Report (FEIR) for the Martis Valley Trail Project (SCH#2010122057) in 2012. The proposed action is done in accordance with the previously certified FEIR, and the execution of the easement agreement is, by itself, not a project under CEQA Guidelines section 15378. The USACE published a Final Environmental Assessment and signed a Finding of No Significant Impact for the Martis Valley Trail Right-of-Way Project on January 4, 2021 pursuant to the National Environmental Policy Act (NEPA). FISCAL IMPACT Segment 1B2/3A is estimated to cost $3.85 Million. A separate agreement before your Board today commits the County to providing $1,720,000 towards construction of Segment 1B2/3A with the remainder of funding being provided through NCSD and grant funding. There are sufficient funds in Parks Capital Project Account PJ00065, “Martis Valley Trail” to meet the $1,720,000 funding commitment for construction. Funding for ongoing maintenance of Segment 1B2/3A is provided by County Service Area Zone of Benefit #194. Staff will continue to work with the CEO’s office to identify funding for construction and maintenance of future segments of the MVT and Resort Triangle. ATTACHMENTS Location Map Easement Agreement 332 Easement Agreement with United States Army Corps of Engineers / Martis Valley Trail May 25, 2021 Page 3 of 3 LOCATION MAP 333 Easement No. DACW-05-2-21-507 DEPARTMENT OF THE ARMY EASEMENT FOR REGIONAL TRAIL LOCATED ON MARTIS CREEK LAKE AND DAM PROJECT PLACER COUNTY, CALIFORNIA THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the Secretary by Title 10, United States Code, Section 2668, having found that the granting of this easement will not be against the public interest, hereby grants to the County of Placer, and its assigns, hereinafter referred to as the Grantee, an easement for the construction, operation, and maintenance of a Regional Trail, hereinafter referred to as the “Facilities”, over, across, in and upon the lands of the United States, APN’s 110-010-033, 110-010-013, and 110-010-014, as shown on Exhibit “A”, attached hereto and made a part hereof, hereinafter referred to as the “Premises”. THIS EASEMENT is granted subject to the following conditions: 1. TERM This easement is hereby granted for a term of thirty-five (35) years beginning on July 1, 2021 and ending on June 30, 2056. Parties agree to work in good faith to execute extensions to this easement to extent the Facilities continue to operate for public benefit consistent with the goals of the United States and Grantee. 2. CONSIDERATION The consideration for this easement shall be the Grantee’s construction, operation, and maintenance of the Facilities on the Premises. 3. NOTICES All notices and correspondence to be given pursuant to this easement shall be addressed, if to the Grantee, to Placer County Parks Division, ATTN: Parks Administrator, 3091 County Center Drive, Suite 220, Auburn, California 95603, and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, 1325 J Street, Sacramento, California 95814-2922, or as may from time to time otherwise be directed by the parties in writing. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 334 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", "Project Manager", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include assignees, transferees and their duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The construction, operation, maintenance, repair or replacement of said Facilities, including culverts and other drainage facilities, shall be performed at no cost or expense to the United States and subject to the approval of the District Engineer, Sacramento District, hereinafter referred to as said officer. Upon the completion of any of the above activities, the Grantee shall immediately restore the Premises to the satisfaction of said officer. The use and occupation of the Premises for the purposes herein granted shall be subject to such rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the Premises are located. 7. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the Premises, knows the condition, and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the United States. 8. INSPECTION AND REPAIRS The Grantee shall inspect the Facilities at reasonable intervals and immediately repair any defects found by such inspection or when required by said officer to repair any such defects. 9. PROTECTION OF GOVERNMENT PROPERTY The Grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the Grantee under this easement and shall exercise due diligence in the protection of all property located on the Premises against fire or damage from any and all causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 335 10. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the Premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to remove timber or other material, except property of the Grantee, to flood the Premises and/or to make any other use of the lands as may be necessary in connection with government purposes, and the Grantee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof.
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