Mountain View Whisman School District

Agenda Item for Board Meeting of 8/23/2018

Agenda Category:  REVIEW AND ACTION

Agenda Item Title:  Grant of Easement to the City of Mountain View for the Permanente Creekside Trail at Crittenden Middle School (3 minutes)

Estimated Time: 

Person Responsible:  Robert Clark, Ed.D., Chief Business Officer 

Background: 

At the January 21, 2016, regularly scheduled Board Meeting, the Board of Trustees of the Mountain View Whisman School District approved an agreement with the City of Mountain View in connection with the design and construction of an extension of the City's Permanente Creek Trail from Rock Street to Middlefield Road on the Crittenden Middle School Campus (Trail Agreement, dated January 21, 2016). The Trail Agreement details the City's commitment to fund all expenses tied to the Permanente Creek Trail extension project and the obligations of both parties under the agreement. The City Council approved the Trail Agreement on January 19, 2016.

The design of the Permanente Creek Trail extension project has been finalized, and construction is scheduled to commence in winter 2017. The proposed Easement would grant the City a non-exclusive easement and right-of-way on, over, upon, through, and across approximately a fourteen-foot wide portion (10' wide trail with 2' wide shoulders) of the Crittenden Middle School campus along Permanente Creek near the District 's eastern property line for purposes of public use as a bicycle and pedestrian trail , as well as for City's use, operation, maintenance, inspection, repair, replacement, and removal of the Permanente Creek Trail extension project improvements and Easement pursuant to the terms and conditions of the Easement Agreement.

California Education Code section 17556, et seq., requires the District's Board to comply with a two-step statutory process in order to convey the Easement to the City. On January 5, 2017, the Board approved a Resolution of Intention to Dedicate and Convey the Easement (Resolution No.1629.1/17). The adopted and executed Resolution of Intention was posted in three public places around the District on or before January 9, 2017, and a Notice of the time and place of the public hearing held at today's Board meeting was published in a newspaper of general circulation in the District on or before January 14, 2017. The Board approved the Resolution of Conveyance to Dedicate and Convey the Easement (Resolution No. 1630.1/17) at the January 19, 2017 Board meeting to dedicate or convey an interest in real property to a public entity or provider of public utilities.

Tonight's action completes the process for the Conveyance for Easement to the City of Mountain View and the action will be recorded with the County of Santa Clara accordingly.