HomeMy WebLinkAboutMINUTES - 07271993 - 1.15 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: JULY 27, 1993
SUBJECT: DA29G - OUTFALL - ANTIOCH AREA
Project No.: 7568-6D8750 Task: ACQ Account: 3540
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated July 13, 1993,
from the Atchison, Topeka & Santa Fe Railway Company.
B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the
District.
C. APPROVE payment of $500.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to the Atchison, Topeka & Santa Fe
Railway Company, One Santa Fe Plaza, 920 Southeast Quincy Street, Topeka, Kansas,
66612-1116, to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant of Easement
recorded in the office of the County Recorder.
II. Financial Impact:
Payment of $500.00 from DA29G funds.
III. Reasons for Recommendations and Background:
These property rights are required for the DA29G-Outfall project in accordance with approved
plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Continued on Attachment: SIGNATURE:
RECOMMENDATION
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): i
A T F 65ARD 01q JUL 2 7 1993 AFPFi5VEl5 X9 RE MM N D v 0TREF! _
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
KAM:&
c:bo1227.t7 I hereby certify that this is a true and correct coPY oZ
Fin action taken and entered on the minutes of tiva
Orig. Div: Public Works (R/P) Hoard of S: 11 oR eta 9930 .
ATTESTED: �G _I
Contact: Karen McNamer (313-2228) PHIL BATCHELOR,Clerk of the Board
cc: County Administrator of Supervisors and Countm Administrator
Auditor-Controller (via R/P)
P. W. Accounting BY _
Recorder (via R/P)
Recorded at therequest of: 'e,
Contra Costa County Flood Control
and Water Conservation District
Return to:
Contra Costa County Flood Control
and Water Conservation District
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Karen A. McNamer
Portion of Assessor's Parcel No. 05/-05-2,-)C X Project: DA29G-OUTFALL
11030342
GRANT OF EASEMENT
THIS INDENTURE, made by and between THE ATCHISON, TOPEKA&SANTA FE RAILWAY COMPANY, a Delaware corporation,
hereinafter called the GRANTOR, and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a political subdivision of the State of California, hereinafter called the GRANTEE,
WITNESSETH:
That the GRANTOR, for value received, hereby grants to the GRANTEE, an easement for the purposes of laying down, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating and using, for flood control purposes and transmission of drainage
water, an underground pipeline for use in connection therewith under that certain real property in the City of Antioch, County of Contra
Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
It is understood that each of the undersigned GRANTORS grant only the portion of the land described in said Exhibit "A" which is owned
by said GRANTOR, or in which said GRANTOR has an interest.
The easement herein granted shall include the right by said GRANTEE, its officers, agents and employees, and by persons under contract
with it and their employees whenever and wherever necessary for flood control purposes, to enter upon said land with personnel, vehicles
and equipment, to remove all trees and vegetation thereon that interfere with the purpose for which the easement herein is granted.
This easement herein granted shall be subject to the terms, conditions and limitations as delineated and described in Exhibit "B" attached
hereto and made a part hereof.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns
forever.
IN WITNESS WHEREOF, the GRANTOR has executed this indenture this 13 day of T-� 1 y , 1993.
THE ATCHISON, TOPEKA & S TA FE RAILWAY COMPANY
Its �ii'fcrS4/JtM
ATTEST:
ASSISTA—N. 7 SECR TAT'.k
11030342.266
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STATE OF n505 §
COUNTY OF S4�Qw 11�— §
BE IT REMEMBERED, That on this day of 00X A.D., 1993, before me,
the undersigned, a Notary Public in and for the County and State aforesaid, came E. W. Landreth who is
personally known to me to be the same person who executed the foregoing instrument of writing as Director-Asset
Management of The Atchison, Topeka and Santa Fe Railway Company, and said person duly acknowledged the
execution of the same to be the act of said corporation,and that the seal thereto affixed is the common or corporate
seal of said corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my notarial seal the day and year
last above written.
Notary Public
p Debra A. Kohn
My Commission Expires /'a-CJ N O T A e X p U$1 I C
5eate of K as
MY APRT, tk/'1No
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11030342.266
Drainage Area 29G - Line A
@ A.T. & S.F. Railroad
EXHIBIT "A"
Real property in the City of Antioch, Contra Costa County, California, being a portion of
the northeast quarter of Section 21, Township 2 North, Range 2 East, Mount Diablo
Meridian, described as follows:
Commencing at the east quarter corner of said Section 21; thence along the midsection
line, north 89049'20" west 1,807.63 feet; thence .north 0010'40" east 1,741.84 feet to the
Point of Beginning on the southern right of way line of the Atchison Topeka and Santa
Fe Railroad, distant thereon north 78049'08" west 1,091.71 feet from the western right of
way line of State Highway 160; thence from the Point of Beginning, north 0046'43" east
101.67 feet, to the northern right of way line of said Railroad; thence along last said line,
north 78049'08" west 10.17 feet; thence south 004643" west 101.67 feet to the southern
right of way line of said Railroad; thence along last said line, south 78049'08" east 10.17
feet, to the Point of Beginning.
Containing an area of 1,017 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S.27).
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BELLECCI & ASSOCIATES, INC, DATE: MAY 1993 SCALE: /'T= 400
FILE NO.: 92 D 8 (p ISHEET / OF /
CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING
PH. (510) 685-4569
2290 DIAMOND BLVD.. SURE 100 CONCORD. CA. 94520 A 7-45F R a i l wa V CQSernePf
EXHIBIT "B"
TERMS, CONDITIONS AND LIMITATIONS
RUNNING WITH EASEMENT
Section 1. LIMITATIONS AND RESERVATIONS.
(a) This grant is subject and subordinate to the prior and continuing right and
obligation of Grantor, its successors and assigns, to use all the property described herein in the
performance of its business as a common carrier, and for that purpose there is reserved unto
Grantor, its successors and assigns, the right to construct, reconstruct, maintain and use existing
and future railroad tracks, facilities and appurtenances and existing and future transportation,
communication and pipeline facilities and appurtenances in, upon, over, under, across and along
said Easement, provided that any of such uses installed or changed after the date of execution
of this Easement do not interfere with the rights granted to Grantee herein.
(b) The right hereby granted is subject to any existing encumbrances and rights
(whether public or private), recorded or not, and also to any renewals thereof, and Grantor
makes no covenant or warranty of title, for quiet possession or against any existing
encumbrances. The Grantee shall not damage, destroy or interfere with the property or rights
of third parties in, upon or relating to the Grantor's remaining property, unless the Grantee, at
its own expense, settles with and obtains releases from such nonparties.
(c) The Grantor reserves the right to use and to grant to others the right to use the
Easement in any manner and for any purpose which does not unreasonably interfere with or
diminish the Easement herein conveyed to Grantee, including, but no by way of limitation, the
right to construct, install, reconstruct, maintain, operate, repair, alter, renew and replace tracks,
facilities, appurtenances, signal, fiber optic, communication, or power lines and all kinds of
equipment, provided that Grantor shall not erect or construct any building or other structure, or
drill or operate any well, or construct any reservoir or other obstruction of said-Easement, or
diminish or substantially add to the ground cover within said Easement without having first
obtained Grantee's consent thereto, which consent shall not be unreasonably withheld.
(d) The Grantee shall not use or permit use of the Easement for any purposes other
than those described in this Easement. No third party shall be admitted by the Grantee to use
or occupy any part of the Easement area without the Grantor's written consent which consent
shall not be unreasonably withheld.
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Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION.
(a) Grantee shall install and maintain all pipeline in conformity with the specifications
prescribed by Federal, State or local governmental agencies or bodies. Markers in form and size
satisfactory to the parties hereto shall be installed and reasonably maintained by Grantee at
Grantor's property lines.
(b) Any contractor or subcontractor performing work in the Easement area relating
to any construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
shall, for the purpose of this Agreement, and particularly for the purposes of Section 8 of this
Agreement, be conclusively deemed to be the servant and agent of Grantee acting on behalf and
within the scope of such contractor's or subcontractor's employment for Grantee. Upon
completion of construction or other work, the Grantee and/or its contractor(s) or subcontractor(s)
will lease the Easement in good condition.
(c) Grantee shall cooperate with Grantor to ensure the safety of its track or tracks
during the time of construction, maintenance, repair, renewal, modification, relocation, or
reconstruction of the Pipeline, and in the event the Grantor provides any support or assistance
to Grantee, the Grantee shall pay to the Grantor, within ninety days after bills shall have been
rendered therefor, all reasonable expense incurred by the Grantor in connection therewith.
(d) All initial construction work of the Grantee shall be commenced within two years
and shall be performed diligently and completed within a reasonable time, and in any event
within one year from the beginning of construction, or within such further period of time as may
be permitted in writing by the Grantor, which permission shall not be unreasonably withheld.
It is understood that the Grantor's tracks at and in the vicinity of the work will be in constant
or frequent use during progress of the work, and that movement or stoppage of trains, engines
or cars may cause delays in the work of the Grantee. The Grantee hereby assumes the risk of
any such delays and agrees that no claims for damage on_account of such delay shall be made
against the Grantor.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Grantee shall provide as
much notice as practicable to Grantor's local superintendent before commencing any work. In
all other situations, the Grantee shall notify the Grantor's local superintendent at least 48 hours
(or such other time as the superintendent may allow) in advance of the commencement of any
work within the Easement area in connection with the construction, repair, renewal,
modification, reconstruction, relocation or removal of the Pipeline, excepting only periodic
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inspection and routine maintenance of the Pipeline, excepting only periodic inspection and
routine maintenance of the Pipeline. Grantee shall also give at least 24 hours advance notice to
Grantor's local superintendent of proposed performance of any work by the Grantee in which
any person or equipment will be within 25 feet of any track, or will be near enough to any track
that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25
feet of any track. Upon receipt of such notice, the Grantor will determine and inform the
Grantee whether a flagman need be present and whether the Grantee need implement any special
protective or safety measures. If any flagmen or other special protective or safety measures are
performed by the Grantor, such services will be provided at Grantee's expense with the
understanding that if the Grantor provides any flagging or other services the Grantee shall not
be relieved of any of its responsibilities or liabilities set forth herein.
Section 4. INTERFERENCE.
In the operation and maintenance of the Pipeline the Grantee shall take all precautions
required to prevent any interference with the operation of any existing signal, communication
lines or other installations or facilities of the Grantor or its existing tenants; and if, at any time,
the operation or maintenance of the Pipeline results in any electrostatic effects which cause
interference with the operation of the signal, communication lines, or other installations or
facilities, as such facilities now exist, Grantee shall, at the sole expense of the Grantee,
immediately take such reasonable action as may be necessary to eliminate such interference.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on the Grantor's property. If it is, Grantee will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning any
work on the Grantor's premises.
Section 6. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Grantee shall not permit or suffer any mechanic's or materialman's lien of
any kind or nature to be enforced against the property for any work done or materials furnished
thereon at the insistence or request or on behalf of the Grantee excepting only those liens that
may result from work required to cure negligent acts of Grantor.
(b) The Grantee shall not permit any taxes, charges and assessments to be levied upon
Grantor or Grantor's property with respect to, or on account of, the Pipeline.
(c) Grantee will not permit encumbrances of easement or pipelines save and except
blanket encumbrances given to secure the indebtedness evidenced by bonds or other debt
instruments issued by Grantee.
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Section 7. RESTORATION OF GRANTOR'S PROPERTY.
If the Grantee, in connection with the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline, or in the performance of any work contemplated
by this Easement or by the failure to do or perform anything for which the Grantee is
responsible under the provisions of this Easement, shall injure, damage or destroy any property
of the Grantor or of any other person lawfully occupying or using the property of the Grantor,
such property shall be replaced or repaired by the Grantee, to the reasonable satisfaction of the
Grantor, at the Grantee's own expense, or by the Grantor, pursuant to the default provisions set
forth in Section 10, at the expense of the Grantee.
Section 8. INDEMNITY.
Grantee agrees to indemnify and hold harmless the Grantor from any loss which is due
to or arises from:
1. The prosecution of any work contemplated by this Agreement including the
construction, maintenance, repair, renewal, modification, reconstruction,
relocation, or removal of the Pipeline or any part thereof; or
2. The presence, operation,or use of the Pipeline or products conducted through or
escaping therefrom,except to the extent that the Loss is caused by the negligence
of the Grantor.
As used in this Section, "Grantor" includes other railroad companies using the Grantor's
property within said Easement area and their officers, agents, and employees; "Loss" includes
loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of
whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury
to or death of persons whomsoever (including the Grantor's officers, agents, and employees, the
Grantee's officers, agents, and employees, as well as any other person); and (b) damage to or
loss or destruction of property whatsoever (including damage to the roadbed, tracks, equipment,
or other property of the Grantor, or property in its care or custody).
Section 9. REMOVAL OF PIPELINE UPON ABANDONMENT.
If the Grantee should abandon the Easement, Grantee shall notify Grantor of Grantee's
intention to do so. Generally, any Pipeline installed in the Easement shall be abandoned in
place; however, at Grantor's election, Grantee shall, at Grantee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks of
the Grantor and shall restore such portions to as good a condition as they were before the
construction of the Pipeline. If, after Grantor's election to have the Pipeline removed, Grantee
fails so to do, the Grantor may do such work of removal and restoration at the cost and expense
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of the Grantee. Any portion of the Pipeline which is located underneath Grantor's roadbed and
track or tracks shall, in all cases, be abandoned in place. In the event of the removal by the
Grantor of the property of the Grantee and of the restoration of the property as sustained by the
Grantee for or on account thereof, such removal and restoration shall in no manner prejudice
or impair any right of action for damages, or otherwise, that the Grantor may have against the
Grantee.
Section 10. REMEDIES FOR ABANDONMENT OR BREACH.
(a) If the Grantee abandons the rights herein granted, the Grantor may, at its option,
forthwith immediately terminate this Easement. Grantee shall relinquish any claims to title of
said property upon abandonment of the rights herein granted.
(b) If the Grantee shall fail, refuse or neglect to perform and abide by the covenants
in the Easement, the Grantor may file a notice of default. Grantee shall be responsible to either
cure the default or notify Grantor within a reasonable time of such reasons as there may be why
the condition is not in default. Notice of default may be served personally upon the Grantee or
by mailing to the last known address of the Grantee.
(c) The Grantee agrees that abandonment or termination of the Easement shall not
affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have
arisen prior to such abandonment or termination.
Section 11. WAIVER OF BREACH.
The waiver by the Grantor of the breach of any condition, covenant or agreement herein
contained to be kept, observed and performed by the Grantee shall in no way impair the right
of the Grantor to avail itself of any subsequent breach thereof.
Section 12. OTHER RAILROADS.
All protective and indemnifying covenants of this Easement shall inure to the benefit of
the Grantor and any other railroad company lawfully using the Grantor's property or facilities
as a common carrier.
Section 13. EASEMENT NOT TO BE ASSIGNED.
Except in a corporate reorganization or by operation of law, the Grantee shall not assign
this Easement, in whole or in part, or any rights herein granted, without the written consent of
the Grantor, which consent shall not be unreasonably withheld, and it is agreed that any transfer
or assignment or attempted transfer or assignment of this Easement or any of the rights herein
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granted, whether voluntary or otherwise, without such consent in writing, shall be absolutely
void. In the event of a corporate reorganization or transfer by operation of law, Grantee or its
successor will notify Grantor.
Section 14. SUCCESSOR AND ASSIGNS.
Subject to the provisions of Section 13 hereof, this Easement shall be binding upon and
inure to the benefit of the parties hereto, their successors and assigns.
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11030342.267