Report Prepared by: Joe Cardoso, P.L.S., City Surveyor, Engineering Department
Title
SUBJECT: Approval of a Joint Use Agreement with Merced Irrigation District for E. Childs Avenue
REPORT IN BRIEF
Considers entering into a Joint Use Agreement with Merced Irrigation District (MID) for the use of the southerly 30 feet of E. Childs Avenue adjacent to the Crossing at River Oaks Subdivision for the undergrounding of MID canal.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Joint Use Agreement with Merced Irrigation District for the use of the southerly 30 feet of E. Childs Avenue adjacent to the Crossing at River Oaks Subdivision for the undergrounding of an MID canal; and,
B. Authorizing the City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than recommended by staff (identify specific findings and/or conditions amended to be addressed in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200.
DISCUSSION
On December 8, 2004, the Planning Commission approved Resolution #2792, Tentative Subdivision Map #1263 (Crossing at River Oaks) (attachment # 1) to allow the developer to subdivide a 66.76-acre parcel of land located at the southeast corner of E. Childs Avenue and Coffee Street.
On December 8, 2005, the developer entered into a Deferment of Construction Agreement (attachment # 2) with Merced Irrigation District to underground certain canals and provide other improvements.
On October 21, 2024, City Council accepted the 40’ wide dedication of Childs Avenue for the Crossing at River Oaks, Phase 2 (attachment # 3) and Phase 3 (attachment # 4).
On November 18, 2024, City Council accepted the 40’ wide dedication of Childs Avenue for the Crossing at River Oaks, Phase 4. (attachment # 5).
As part of the Deferment of Construction Agreement (attachment # 2), the Developer agreed to grant MID a 25’ easement over the newly installed underground canal prior to any improvements being installed. A portion of the improvements on E. Childs Avenue have been installed including a block wall. Furthermore, the City was given ownership to the property and the right-of-way for E. Childs Avenue (40 foot wide) per the final maps for Crossing at River Oaks Phase 2, Phase 3, and Phase 4.
Since the ownership of this area was transferred prior to the easement being recorded the city and MID discussed executing a Joint Use Agreement for the south 30 feet of Childs Avenue. MID has been cooperative in this process and is comfortable that the Joint Use Agreement would satisfy their requirements for the 25’ easement of the Deferment of Construction Agreement with the developer.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Planning Commission Res # 2792 and Vesting Tentative Map # 1263
2. Deferment of Construction Agreement
3. Final Map for Crossing at River Oaks, Phase 2
4. Final Map for Crossing at River Oaks, Phase 3
5. Final Map for Crossing at River Oaks, Phase 4
6. Joint Use Agreement