Laserfiche WebLink
6.C. - Page 3 of 147 <br />stipulates roles and responsibilities of all parties and establishes a communication process with Cargill for <br />planned and emergency construction, maintenance, and repairs of the new storm drainage facilities <br />between the existing Bayfront Canal and the South Bay Salt Ponds at the Don Edwards National Wildlife <br />Refuge in Menlo Park. <br />Associated costs and responsibilities for operating and maintaining the permanent improvements are <br />covered under the recently executed MOU among the agencies. Under the terms of the new MOU, <br />Redwood City will maintain the improvements on behalf of the other parties for the first five years after <br />their construction, so it is beneficial for Redwood City to obtain the rights granted by the Drainage <br />Easement Agreement. <br />Restated and Amended Agreement <br />The 1952 easement covered all of the Bayfront Canal and the associated improvements constructed by <br />the Leslie Salt Company in approximately 1945. However, the 1952 easement did not specify any specific <br />improvements or storm drainage facilities. Therefore, the parties' respective duties to operate and <br />maintain the facilities were not clear between the grantor and the two grantees of the easement. <br />While the Leslie Salt Company desired to have the City and County maintain and operate the drainage <br />facilities associated with the Bayfront Canal, Redwood City and the County were not under any express <br />obligation to do so under the terms of the 1952 Easement. <br />However, over time, Redwood City has conducted activities on the Bayfront Canal in an effort to alleviate <br />flooding in the low-lying areas adjacent to the canal. The City would annually remove vegetation and <br />sedimentation that built up within the canal. The City also operated the tide gates that prevented waters <br />from San Francisco Bay flowing up into the canal during high tides. Redwood City also rebuilt the tide <br />gates that Leslie originally built. <br />The Restated and Amended Agreement would revise the 1952 easement and would expressly stipulate <br />the roles and responsibilities of all parties and establishes a communication process with Cargill for <br />planned and emergency construction, maintenance, and repairs of storm drainage facilities on the existing <br />Bayfront Canal. <br />The Revised and Restated Easement Agreement would also formally recognize and include Menlo Park <br />and FLSRRD. The County is a party to the agreement but not a grantee under the new Restated and <br />Amended Easement Agreement. However, as the original easement is not extinguished, the County is still <br />a grantee with respect to the 1952 Easement. <br />Next Steps <br />While the recently executed MOU among the agencies covers the future costs for the construction, <br />operation and maintenance of the Bayfront Canal and Atherton Channel Flood Resilience and Ecosystem <br />Restoration Project, the MOU will need to be amended or a new MOU executed to cover the future <br />operation and maintenance of the Bayfront Canal, which is not explicitly included in the project. <br />Page 3 of 5 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore <br />Pil <br />