HomeMy WebLinkAboutRESOLUTIONS - 10211986 - 86-621 TM BOARD OF SUPEENISCRS /2
QCNTPA COSTA COUNTY, CALZFaWlA
Adopted this Resolution on October 21, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
RESOEUTICN NO. 86/_L21
(Gov. Code Sec. 25526.5)
SUBTECT: Property Exchange
Chevron USA
Wildcat Creek
Project No. 7527-6D8606
Richmond Area
The Board of Supervisors as the Governing Body of the Contra Costa County
Flood Control and Water Conservation District RESOLVES THAT:
The District acquired an easement over Chevron USA lands, described in
Exhibit "A" attached. hereto, for the Wildcat Creek flood control project. A change in
project plans require acquisition of a flood control easement from Chevron USA in a
new location in exchange for the existing location. Therefore, the existing easement
is DETE INED to be surplus and no longer required for any District or public purposes
and its estimated value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the exchange of said existing
easement to Chevron USA, Inc. , for the new easement pursuant to Government Code
Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute, on behalf of the
District, a Quitclaim Deed to Chevron USA covering the area described in said attached
Exhibit -"All.
The Real Property Division is DIMCMD to cause the Quitclaim Deed to be
delivered to the grantee.
The easement deed from Chevron USA Inc. , to Contra Costa County Flood
Control and Water Conservation District dated September 25, 1986, is hereby ACCEPTED
and the Chair of the Board is AMERIZIM to counter-sign said easement deed on behalf
of the District. The County Real Property Division is DIRECTED to have said deed
recorded in the Office of the County Recorder.
This activity is not subject to the California Environmental Quality Act
pursuant to Section 15061(b) (3) of Chapter 3 of the CEQA Guidelines. It can be seen
with certainty that there is no possibility that the activity may have a significant
effect on the environment.
A hereby certify that this Is a true ondcorrect copy 61
an action taken and entered on th3 minuses of the
Board of Supervlsors the date shown.
ATTESTED: (
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By , Deputy
Orig. Dept.: Public Works (R/P)
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RESOIMCN NO. 86/_621
NOV 5 1984 . aEGoa v�r sEaa st a� ►. I
2)
Recording Requested By: 04 1 53G f
Contra Costa County Flood CT 4 1984
C� tr 1 D9str1ct ! AT O'C.I.0(J% M.
W�ien�tecorded Mail to: I I CONTRA COSTA COUNTY RECDRDS
J. R. OLSSON
FEF $ COUNTY RECORDER
401)
tv
Contra Costa County
Public Works Department O��f�
Real Property Division
255 Glacier Drive
Martinez CA 94553
(via Transmittal)
Attention: 4 ,j- Project: Wildcat/San Pablo Creek
(New Alignment) iOcL 1,08V
exyl)e 7-
THIS
THIS AGREEMENT dated the _Gl day of huckQN ,
194 j , by and be tween"CH EV RON U.S.A. INC., a corporation,— herle nafter termed
Grantor, and/CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, a political subdivision of the State of California,
hereinafter termed Grantee.
WITNESSETH:
1. Grantor, for and in consideration of the full and prompt
performance of the things to be performed by Grantee as hereinafter set out and
contained, hereby grants to Grantee, subject to termination as hereinafter provided
and under the terms, conditions and provisions hereinafter contained, a right of
way and easement for flood control and drainage purposes and all necessary
appliances and fixtures for use in connection therewith or appurtenant thereto, in,
under, along, and across that certain real property (hereinafter called "said
premises") situate in the County of Contra Costa; State of California, and
described as follows: 4'
Portions of Lots 17 and 18 of Section 3 and Lots 21, 22, 23
and 24, of Section 2 of Township 1 North, Range 5 West,
Mount Diablo Meridian, lying within Contra Costa County,
State of California, described as follows:
A strip of land 600.00 feet in width, the centerline of which
is described as follows:
Beginning at a point on the easterly line of said Lot 21 of
said Section 2 (TIN, R5W) which bears North 290.00 feet
along said easterly line from rthe northwesterly line of the
parcel of land described as PARCEL ONE in the deed to
John H. McCosker and Marian D. McCosker, his wife,
recorded March 10, 1965 in Book 4820 of Official Records at
page 57; thence, from said point of beginning, North 770 00'
00" West, 600.00 feet; thence North 880 00' 00" West
2950.00 feet, more or less, to the westerly terminus of said
600.00 feet in width strip of land. Said westerly terminus
being on the easterly boundry of San Pablo Canal as said
canal is shown on "MAP NO. I SALT MARSH AND TIDE
LANDS" dated 1872 and filed June 11, 1917 in the office of
the County Recorder of Contra Costa County.
Excepting and reserving unto Grantor, its successors and
assigns, for its and their benefit and the benefit of its and
their present and future subsidiaries and their respective
successors and assigns, the right at any time and from time
to time, to lay, construct, reconstruct, replace, renew,
repair, maintain, operate, change 'the size of, increase the
number of and remove pipe lines, and appurtenances
thereof, for the transportation of oil, petroleum, gas,
gasoline, water or other substances, and to construct,
maintain, operate, repair, renew, add to and remove
30191 200511AV433
underground wires, conductors, cables and conduits, and
appurtenances thereof, in, under, along and across said Lot
21 of Section 2 of Township i North, Range 5 West, Mount
Diablo Meridian; and expressly covenants that the rights so
reserved may be so exercised during all the time said
easement is used for flood control and drainage purposes,
subject only to the prior consent of Grantee with respect to
any actions which reasonably may be expected to restrict
flowage of surface waters. Such consent shall not be
arbitrarily or unreasonably delayed or withheld.
2. Grantee, its employees, agents, contractors and permittees shall
have free access to said premises for the purpose of exercising the rights herein
given.
3. Grantee, in the exercise of the rights granted to it hereunder,
shall not do or permit to be done any welding or operations involving sparks or
flame within a distance of three hundred (300) feet from any oil or gas well, or oil,
gas or gasoline container, or place of discharge to atmosphere of oil, gas or
gasoline, whether located on said premises or on adjacent lands, without prior
consent of Grantor, and then only subject to and in accordance with the provisions
hereof and such other conditions as may be expressed in said consent.
4. This agreement and the rights herein given Grantee shall
terminate as to all or any portion of said premises which become surplus to the
needs of the Grantee after construction of all facilities necessary for or incidental
to flood control and drainage purposes.
5. Upon the termination of the rights herein given, Grantee shall
execute and deliver to Grantor within thirty (30) days after service of a written
demand'therefor a good and sufficient quitclaim deed to-the rights herein given.
6. Grantee agrees to indemnify and hold Grantor and its affiliates
(as used in this paragraph, "affiliates" means Chevron Corporation and any
company in whirl► Chevron Corporation now or hereafter owns, directly or
indirectly, at least fifty per cent of the shares of stock entitled to vote at a
general election for directors) and their respective officers, directors, employees,
successors and assigns, and each of them, harmless from and against all liability or
claims thereof for loss of or damage to property (to whomever belonging) or injury
to or death of any person proximately caused in whole or in part by any negligence
of Grantee or its contractors, or by any acts for which Grantee or its contractors
are liable without fault, in the exercise of the rights herein granted; save and
except in those instances where such loss or damage or injury or death is
proximately caused in whole or in part by any negligence of Grantor or its
contractors or affiliates or by any acts for which Grantor or its contractors or
affiliates are liable without fault.
7. Any notice provided herein to be given by either party hereto td
the other may be served by depositing in the United States Post Office, postage
prepaid, a sealed envelope containing a copy of such notice and addressed to said
other party at its address set out below, and the same shall be sufficient service of
such notice.
Grantor: P. O. Box 8000, Concord, CA 94524
Attention: Land Department
Grantee: 255 Glacier Drive
Martinez, CA 94553
Attention: Public Works Department
Real Property Division
i.
Either party may change its address where notices are to be sent pursuant to this
paragraph by giving notice thereof to the other party in the manner set forth in
this paragraph.
8. Grantee hereby recognizes Grantor's title and interest in and to
said premises and agrees never to assail or resist Grantor's title or Interest therein.
9. Except as otherwise provided herein, the terms and conditions of
this agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto.
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10. This grant is subject to all valid and existing licenses, leases,
grants, exceptions, reservations and conditions affecting said premises.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in duplicate.
CHEVRON U.S.A. INC., Grantor
ByC
Assistant/ ecru ary
r
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, Grantee
Y
Chairman Board of Supervisors
ATTEST:
)dX)1�(J(�AX96�➢K�)a%�14i6Y�(XXD�`ffC
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By aami r:
putyU
i
1
State of California )
County of Contra Costa ) ss�
On w�} 1��.� ,before me, PEGGY L. DE PIAllA_ a Notary Public.in and for said
County and Stale,duly commissioned and sworn,personally appeared CLA 1 R GIIYLIN,personally known to me(or
proved to me on the basis of satisfactory evidence)to be Assistant Secretary of Chevron U.S.A.Inc.,the corporation
described in and that executed the within instrument,and also known to me to be the person(s)who executed it on behalf
of the said corporation therein named,and acknowledged to me that such corporation executed the same.
1 N W 11'N ESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,in the County and
State aforesaid the day and year in this certificate above written.
�Orrlcln—l 5EAL 1 �—
PEGGY L. DE PIAllA Notary 1 n and for said ;
�,. NOTARY runuc-CAWOONIA Count �C n a Costa,State of California
CONTRA COSTA COUNTY
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