HomeMy WebLinkAboutMINUTES - 09181984 - 1.27 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 18, 1984, by the following vote:
AYES: Supervisors Powers , Fanden, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Schroder
RESOLUTION NO. 84/5 6 9
Gov. Code Sec. 25526.5
(F.C.D. Act, Section 31
SUBJECT: Property Exchange
Chevron USA, Inc.
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 flood control easement from Chevron USA, Inc. to the County Flood Control
District dated August 19, 1981 , contains an erroneous description. To reconcile
this matter it is necessary for the District to quitclaim back to Chevron the incorrectly
described property in exchange for a new conveyance from Chevron to the District
for the correctly described property.
This Board hereby APPROVES the exchange of all of the District's right, title
and interest in and to said incorrect easement areas for the correct Wildcat Creek
areas pursuant to Government Code Section 25526.5 and Flood Control District Act,
Section 31 and the Chairman of this Board is hereby AUTHORIZED to execute on behalf
of the District a Quitclaim Deed to Chevron USA, Inc. for the property rights described
in Exhibit "A", attached hereto. The County Real Property Division is DIRECTED to
cause said deed to be delivered to the Grantees together with a copy of this Resolution.
The easement deed from Chevron USA, Inc. , to Contra Costa County Flood Control
and Water Conservation District dated August 6, 1984, is hereby ACCEPTED and the
Chairman of the Board is AUTHORIZED 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.
The Board hereby FINDS that the exchange is exempt from Environmental Impact
Report requirements as a Class 12 and 25 Categorical Exemption under County Guidelines
and AUTHORIZES the Public Works Director to file a Notice of Exemption with the County
Clerk. The exchange has been determined to conform to the Richmond General Plan.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su ry sora on the date shown.
ATTESTED: P 18 1984
PHIL BATCHELOR, Clerk of Lhe Board
of Suporvlsars and County Administrator
By �-GL ,Deputy
Orig. Dept.: Public Works (R/P)
cc: Recorder (via R/P)
Flood Control District (via R/P)
Chevron USA, Inc. (via R/P)
RES.Chevron.10.t9
00031
RESOLUTION NO. 84/569
- �XHi
ecording Requested By: 841981 �.d7
1. lejE�i�iz
When Recorded Mail to:
c .d. of rea�,^st o
Contra Costa County of•.��..••* +=- t-• ►••�•••miDEC 241981
Public Works Department V C4nirq C,sto County Rw6rcw
Real Property Division , Recorder l Q,
651 Pine Street, 6th Floor
Martinez, CA 94553
(via Transmittal) c:n
Attention: • . f' r Cr.
Project: Wildcat/San Pablo Creek W
(New Alignment)
T
THIS AGREEMENT,. dated the N day of _ A L%G L,S ► 19r-
,,by
9 r ,
✓by and between( CHEVRON U.S.A. INC., a corporation, hereinafter termed Grantor, and
V 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:
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 the 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
77000100" West, 2950.00 feet to the westerly terminus of said 600.00
feet in width strip of land.
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 underground wires, conductors, cables and conduits, and
appurtenances' thereof, in, under, along and across said Lot 21 of
Section 2 of Township 1 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 shaU 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 9n
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.
S. 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 Standard Oil Company of California and any company in which
Standard Oil Company of California 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 to 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 9000, Concord, CA 94524
Attention: Land Department
Grantee: 651 Pine Street, 6th Floor
Martinez, CA 94533
Attention: Public Works Department
Real Property Division
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.
-2-
00033
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
By (,{,t�
Its Attorney in Fa t
CONTRA CO COUNTY
OOD CO RO AND WATER
ONSERV TION ISTRICGrantee
By
C.hiPhan Board of Supervisors
ATTEST:
J. R. OLSSON, County Clerk
By
U'y
Recommended for A o
Staic of California &7*fl U)sm ss
City mid County of )
On .before me,the undersigned,a Ngtary Public
in and for said C-�ty-and Cuu and State, residi g therein,duly commissioned and sworn,personally appeared Clair Ghylin
known to me to be an Attorney in Fact 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 who executed it on behalf of the said Corporation therein named,
and he acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my officlal Seal, the day and year in this
certificate above written.
OFFICIAL SEAL Notary Public in and for said
MELINDA JOHNSON County of State of California
S
NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
My Commission Expires Feb. 26, 1985 LO-155 tcO-1-771
Pfinrd in U.S.A.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated Au c,u�T /47-0 1 f rom e-otgw geAl U sA- .� .
to '.'%,rnA o Co'-w C.'V6 P12tL
a political subdivision of the State of California, is hereby accepted by order of i,
Board of Supervisors on 4t/e&x - 1,fel and thegrjlatee
consents to recordation thereof by itsmy authorized office
Dated:�� ur r' �5, /q PJ J. R. OLSSON, County a
Ex Officio Clerk of
Dep
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00034 t, jn COU�Y't