To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Agricultural Preservation and Open Space District
Staff Name and Phone Number: Sheri Emerson, 707-565-7358
Vote Requirement: Majority
Supervisorial District(s): Fourth
Title:
Title
Fitch Mountain Open Space Preserve - County Slope Easement at North Fitch Mountain Road
End
Recommended Action:
Recommended action
Adopt a Resolution Making Certain Findings and Approving a Consent and Subordination Agreement Regarding the County of Sonoma’s Acquisition of Easements Necessary for the North Fitch Mountain Road Repair Project (portion of APN 087-120-001). (Fourth District)
end
Executive Summary:
The Agricultural Preservation and Open Space District (“Ag + Open Space”) is requesting that the Board of Directors adopt a resolution making certain findings and approving a consent and subordination agreement needed by the County of Sonoma, acting through its Public Infrastructure Department (“County”), to acquire a permanent slope and drainage easement (“Slope Easement”) and a temporary construction easement (“TCE”) affecting a 0.27-acre portion of land subject to the Fitch Mountain Open Space Preserve Conservation Easement.
Discussion:
Ag + Open Space acquired the 172.92-acre Fitch Mountain Park and Open Space Preserve Conservation Easement in in 2014 in connection with Ag + Open Space’s acquisition of the Property and creation of the Preserve in partnership with the City of Healdsburg (“City”). The City now owns the Property subject to the Conservation Easement and manages it for its natural resources, as well as its scenic, recreational, and educational values. The purpose of the Conservation Easement is “to protect forever the Conservation Values of the Property,” defined as Natural Resources, Scenic Values, and Recreation and Education
North Fitch Mountain Road, a County road, runs alongside the a portion of the Property and spans a larger section of the general Fitch Mountain area from South Fitch Mountain Road to Powell Avenue. During the winter storms of 2017, one particular site along North Fitch Mountain Road suffered erosion damage due to a landslip, threatening the integrity and safety of the road. Given the wildfires and flooding events that have impacted Sonoma County in recent years, and the prospect of future fires and other local emergencies, this road serves as a vital access point for emergency services and for local access and egress to residential properties. To implement this important roadway improvement successfully, the County must correct slope conditions and repair the underlying landslip that has impacted the roadway section. Without the use of this portion of the Property to secure and maintain the roadway, the repair cannot function as intended and needed, thereby compromising public safety.
The work requires grading and stabilization outside of the County’s existing right-of-way along the edge of the Property. Thus, the County requires the City to convey a 0.08-acre (3,338 square foot) permanent slope and drainage easement (“Slope Easement”) to allow the work to proceed and to allow the County to maintain the stability and drainage of the site in the future. The proposed Slope Easement will grant the County the right to install, maintain, access, inspect, and use underground improvements for stabilization and maintenance of slopes at the Project Site. The County also requires a 0.19-acre (8,360 square foot) temporary construction easement (“TCE”) for activities necessary to construct the drainage improvements, including storing equipment and work materials and allowing ingress to and egress from the project site. The total easement area needed by the County is 0.27 acres (11,698 square feet). The Slope Easement and TCE include mitigation measures designed to preserve, to the fullest extent possible, the Conservation Easement’s Conservation Values.
The proposed Slope Easement is not absolutely consistent with the Conservation Easement held by Ag + Open Space. For example, the Slope Easement prohibits the establishment of large trees and shrubs, which would be allowed and protected by the Conservation Easement. As such, Ag + Open Space’s consent and subordination to the Slope Easement is required for the County to exercise the rights it needs to conduct and maintain the project. In lieu of the initiation of eminent domain proceedings, County and Ag + Open Space staff have negotiated an agreement pursuant to which Ag + Open Space will consent to the recordation of the Slope Easement and the TCE and subordinate its Conservation Easement and its Recreation Covenant to the County easements. The proposed agreement recognizes that the Slope Easement is to control in the event of any conflict with the Conservation Easement and the Recreation Covenant. The County will compensate Ag + Open Space $5,000 for the impacts to the conversation easement and for Ag + Open Space costs in processing the transaction.
Because the County has indicated its intent to use the power of eminent domain if needed to acquire the Slope Easement and TCE, Ag + Open Space may settle the matter in lieu of litigating it to avoid the needless public expense that would otherwise be incurred in an eminent domain proceeding in which Ag + Open Space is unlikely to prevail. The proposed resolution sets forth findings in support of the conclusion that Ag + Open Space would be unlikely to prevail in litigation challenging the County’s right to condemn the Slope Easement and TCE and describes the public interest factors that support the proposed consent and subordination agreement, which include the fact that the County’s project will mitigate risks to natural resources protected by the Ag + Open Space Easement associated with the potential for future landslides and other erosive conditions.
This transaction was not presented to the Fiscal Oversight Commission for review because the estimated value of the real property interest at issue is nominal and this is not a voluntary transaction. The requested action seeks approval by the Board and authorization for the President to execute the proposed consent and subordination agreement, which will allow the emergency road repair project to move forward.
Prior Board Actions:
14-0423, October 12, 2014: Fitch Mountain Park and Open Space Preserve Conservation Easement Acquisition.
Fiscal Summary
|
Expenditures |
FY 22-23 Adopted |
FY 23-24 Projected |
FY 24-25 Projected |
|
Budgeted Expenses |
$10,000 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$10,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
$5,000 |
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$5,000 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$10,000 |
|
|
Narrative Explanation of Fiscal Impacts:
The County is compensating Ag + Open Space $5,000, which will cover approximately half of Ag + Open Space’s administrative and legal costs for negotiating the consent and subordination agreement and preparing this Board item.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
1. Resolution
2. Location Map
3. Project Site Photo
4. Consent and Subordination Agreement
5. Slope Easement
6. Temporary Construction Easement
Related Items “On File” with the Clerk of the Board:
1. Conservation Easement