Monterey Branch Line Easement to State Parks

1. APPROVE the Memorandum of Agreement with the State of California regarding a non-exclusive utility easement for the Fort Ord Dunes State Park;
2. AUTHORIZE the Executive Director to execute the Memorandum of Agreement and to take such other future actions as may be necessary to fulfill the intent of the Memorandum of Agreement including approvals of future modifications or amendments that do not significantly alter the terms of the approved Memorandum of Agreement;
3. AUTHORIZE the Executive Director to execute the grant of a non-exclusive utility easement over that portion of the 1st Street Undercrossing within the TAMC rail right-of-way with the State of California for utility purposes for the Fort Ord Dunes State Park in the amount of Nine Hundred Twenty-Two Dollars ($922.00); and 
4. AUTHORIZE the Executive Director to take such other future actions as may be necessary to fulfill the intent of the non-exclusive utility easement including approvals of future modifications or amendments that do not significantly alter the scope of work, or significantly change the approved easement term or amount.

The State of California is developing the Fort Ord Dunes State Park Campground and Beach Access project and has been working with the Agency to acquire a non-exclusive easement for utility purposes across that portion of the 1st Street Undercrossing within the TAMC Monterey Branch Line rail right-of-way.  The trapezoidal shaped easement contains 0.19 acres, more or less, and crosses under State Route 1 in Marina.  TAMC acquired ownership of the Monterey Branch Line 2003.  The non-exclusive easement will allow for the necessary utilities across the TAMC property to the Campground and Beach Access project.

Additionally, the Agency proposes to construct future rail improvements adjacent to or near the State Park's property as part of the Monterey Branch Line project.  It is expected that the Agency will require coordinated public access through the State Parks property for the future Branch Line Stations proposed along Beach Range Road near Eighth Street and First Street.  

A Memorandum of Agreement has been developed between the Agency and State Parks acknowledging the mutually agreeable shared interests in accommodating the interest of both agencies.  Once the Memorandum of Agreement is fully executed, the conveyance of the non-exclusive utility easement to State Parks can proceed.  The compensation amount of Nine Hundred Twenty-Two Dollars ($922.00) is based upon an appraisal by State General Services Real Property Division dated December 15, 2016 and represents fair market value for the easement.  The agreement and grant of easement include the terms and conditions of the easement.