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<br />6.2A
<br />Page 6
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<br />WHEREAS, A Final Program EIR (UPEIRt') was prepared for the WSIP and certified by the
<br />Planning Commission on October 30, 2008 by Motion No. 17734; and
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<br />WHEREAS, Thereafter~ this Commission approved the WSIP and adopted fmdings and a
<br />MMRP as required by CEQA on October 30, 2008 by Resolution No. 08-200; and
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<br />WHEREAS, The Final EIR prepared for the Projects tiers from the PEIR, as authorized by
<br />and in accordance with CEQA; and
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<br />WHEREAS, The PEIR has been made available for review by the SFPUC and the public,
<br />and is part of the record before this Commission; and
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<br />WHEREAS, The SFPUC staff will comply with Government Code Section 7260 et seq.
<br />statutory procedures for possible (a) acquisition of interests in real property in: (1) Assessor's
<br />Parcels # 525-0784-018-00,525-0784-015-00, and 525-0784-014-01 owned by the City of
<br />Fremont for the Pipeline, and_real property owned by FMC Corporation, located adjacent to City
<br />and County of San Francisco ("City") fee-owned parcels west of Willow Street in the City of
<br />Newark; and (2) Assessor's Parcel # 537-0852-008~ 537..0551-028 owned by Cargill,
<br />.........._. .__._..._..IncoJ;por.ated, ). ssessor~"~@..5.9-0-060, 096 230 110, o:wned by Midpeninswa Regional
<br />Open Space District, and Assessor's Parcel # 537-0551..021-01 in Alameda County and property
<br />located in San Mateo County where the SFPUC right of way crosses the SAMTRANS right of
<br />way at Ravenswood, east of University Avenue, both owned by SAMTRANS, for the Bay
<br />Tunnel; and (b) long-term Lease Agreements with United States Fish and Wildlife Service
<br />C'USFWS") and California State Lands Commission ("CSLC") for property within each agency's
<br />jurisdiction for the Bay Tunnel. The total combined purchase price for the acquisition of these
<br />property interests is estimated to not exceed $500,000.; and
<br />
<br />WHEREAS, A portion of the Pipeline Project win be located beneath a segment of Bay Road
<br />in Menlo Park, in lieu of following the alignment of Bay Division Pipeline Nos. 1 and 2 in that
<br />area., and SFPUC staff will seek to negotiate and enter into easement agreements with Menlo
<br />Park and San Mateo County with respect to that portion. of the aligmnent; and
<br />
<br />WHEREAS~ The Pipeline Project includes work located in the Cities of Fremont, Newark,
<br />East Palo Alto, Menlo Park, and Redwood City, the County of San Mateo, and on SFPUC
<br />property either leased or under permit or license to the Fremont Unified School District, the
<br />Newark Unified School District, the Ravenswood City Elementary School District, and the
<br />Redwood City School District, and SFPUC staff will seek to enter into Memoranda of
<br />.. ....... .:.~~eetl1C?tl~...r~MqAs".)..\\,i tl1.th.~~~).oc.a.1 ju!i~<l~c#()llS,,~~s.sing. ~uch.rnatt~~J~$ .(~). s.FP.UC~s.. ..... ...
<br />commitments to restore or replace, pursuant to agreed specifications, certain improvements
<br />owned by the respective local jurisdictions (as further described in the proposed term sheets on
<br />file with the Commission Secretary), (b) cooperative procedures and fees relating to local
<br />pennits, inspections, and communications to the public concerning Pipeline construction, (c) the
<br />form of necessary encroachment permits or other property licenses for Project construction, and
<br />(d) the parties' respective indemnification and insurance obligations; and
<br />
<br />WHEREAS, The Projects will require the SFPUC General Manager to apply for and execute
<br />various necessary pennits and encroachment permits with the City of Fremont, City of Newark,
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