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HomeMy WebLinkAboutMINUTES - 09141993 - 1.44 i f LIy TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 14, 1993 SUBJECT: TEMPORARY RIGHT TO ENTER AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY DISTRICT ON BUCHANAN FIELD AIRPORT Project No.: W.O. 4330 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Temporary Right to Enter Agreement with Central Contra Costa Sanitary District and AUTHORIZE Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. III. Reasons for Recommendations and Background: Central Contra Costa Sanitary District needs an easement for a sewer line and reclaimed water line through Buchanan Field Airport. The easement has been aligned within the right of way of the future Diamond Boulevard extension. The District and County are currently negotiating the terms, conditions, and price of the easement. In order to prevent delay of construction and adhere to the spirit of cooperation among public agencies the Public Works Director recommends that the Board APPROVE the Temporary Right of Enter Agreement to allow construction to commence while negotiations are being finalized. IV. Consequences of Negative Action: Central Contra Costa Sanitary District's project will be delayed and the District may be forced to file a condemnation action against the County. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON SEP 14 1993 APPROVED AS RECOMMENDED V OTHER_ VOTF.OF SUPERVISORS V UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a hue and correct copy of PBG:fp an action taken and entered on the minutes of the c:BO 14A.t9 Board of Supervisors on the data shown. ED: e G� 1 4 19,g�_ Orig. Div: Public Works (R/P) ATTESTPHIL B HELOR,Clerk of the Board Contact: Paul Gavey (313-2220) of Supervisors and County Administrator cc: County Administrator n P. W. Accounting By Q - u .Deputy l,yq TEMPORARY RIGHT TO ENTER and USE COUNTY OF CONTRA COSTA PROPERTY Whereas the Central Contra Costa Sanitary District, hereinafter referred to as the District, proposes to acquire a permanent easement(s) for sewer lines and reclaimed water line(s) and appurtenances and temporary construction easements within lands owned by the County of Contra Costa, hereinafter referred to as the 'County, said lands being commonly referred to as the Buchanan Field Golf Course being a portion of the land area commonly referred to as the Buchanan Field Airport, and Whereas it is in the best interests of the District and the County to allow the District to proceed with its proposed sewer and reclaimed water line projects prior to the acquisition of the easements by the District, now therefore, Permission is hereby granted to the District and its contractors, including the subcontractors of the District's contractors, to enter upon and use the County's property located within the Buchanan Field Airport and the Buchanan Field Golf Course as outlined in yellow for temporary construction easements and outlined in pink for the permanent easement(s) for sewer and water lines and appurtenances (hereinafter collectively referred to as Proposed Easements) on the appraisal map attached hereto and incorporated herein by reference as Exhibit A for the purpose of constructing, installing, maintaining, testing, and inspecting pipelines, underground structures and facilities ancillary thereto. This permission is granted commencing August 30, 1993, and terminating on December 31, 1994, and as extended in writing between the District and the County, or until the District shall have acquired and taken title to pertinent permanent easements and acquired pertinent temporary construction easements, or until the District shall have obtained possession of the Proposed Easements pursuant to an Order of Possession granted by a court of appropriate jurisdiction, whichever is the earlier. This permission is granted subject to the following terms and conditions: 1 . This permission shall not be transferred or assigned without the prior written consent of the County. 2. District shall have the right to remove any improvements wholly or partially within the Proposed Easements, subject however to the District's having first obtained an agreement therefor with the operator of the Buchanan Field Golf Course, the tenant on the County's property, or the District's having obtained a Court's Order of Possession for the Proposed Easements. This right includes removal of any equipment and maintenance shop and storage shed, ancillary yard improvements, golf course landscape and ancillary course improvements and six eucalyptus trees along the westerly property boundary of the golf course. A, e Right to Enter and Use County Property 1993-94 Page 2 of 3 Buchanan Field Airport and Golf Course Granted to Central Contra Costa Sanitary District 3. No work by the District, its contractors or their subcontractors shall be allowed which will interfere with, obstruct, or inhibit the flight or operation aircraft on or near the Buchanan Field Airport without prior permission from the Manager of Airports. 4. District shall contact the Manager of Airport's office at 510-646-5722 not less three (3) calendar days prior to the District's or its contractors' actual entry onto the airport and/or golf course property to commence construction. The District shall clearly describe and coordinate the type of work to be performed with the Manager of Airports so as to comply with the terms of this agreement and laws and regulations applicable to operations of the Buchanan Field Airport. 5. Upon completion of the District's construction, the District shall cause to have the Proposed Easements restored as nearly as possible to the same condition as they were prior to use by the District and its contractors and to have the Proposed Easements left in a neat, clean and orderly condition. Upon failure to do so, the restoration work may be performed by the County at the District's expense, which expense District hereby agrees to pay to the County upon presentation of supporting accounting records of reasonable costs incurred therefor and demand by the County for payment. 6. District agrees to defend, indemnify, and hold harmless the County of and from any and all claims, demands, costs, damages, losses, actions, causes of action or judgments alleged against the County because of damage, injury or death to any person or property arising out of the District's negligent exercise of the permission granted hereunder. 7. District agrees to provide the County, upon request, a letter from the District stating that it is self insured, including a statement that said self-insurance will cover the District's liability arising from its negligent actions in the Proposed Easements. 8. This permission may be suspended or revoked by the County in the event of a material breach of this agreement. 9. Nothing contained in this agreement constitutes nor shall it be construed to be a waiver of any of the County's rights to payment of compensation.for any property rights to be acquired by the District nor waiver of any remedies authorized by law to secure payment therefor. Interest will be payable on the compensation ultimately paid to the County for the Proposed Easements from the date the District or its contractor takes possession. Interest will be computed in accordance with Section 1268.350 of the California Code of Civil Procedure from the date the District takes possession of the Proposed Easements. Hight to Enter and Use County Property 1993-94 " YBbchanan Field Airport and Golf Course Page 3 of 3 Granted to Central Contra Costa Sanitary District 10. District and County mutually agree that the Grant of Easement form attached hereto and.incorporated herein by reference as Exhibit "B" is the form that will be used for conveyance of the permanent easement rights for the facilities to be installed under this agreement. 11. District hereby agrees to perform its construction of the project in a safe and secure manner. In the event that County, in its reasonable exercise of discretion, determines that District is operating in an unsafe manner, or that an unsafe situation exists regarding the Project, then County shall have the right to require District to halt construction of the Project until the safety issue has been resolved. Upon County's written notice to District of the existence of an unsafe condition, District hereby agrees to haft construction of the Project until the unsafe conditions is rectified. District agrees to rectify said unsafe condition at no expense to the County. 12. County hereby agrees that it waives its right to appear and be heard or to protest on matters referred to in Section 1240.030 of the California Code of Civil Procedure and on the passage and approval of any resolution of necessity by the District's Board of Directors. 13. County hereby agrees that the issues which will be determined in any subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the property covered by this agreement and that.no other issues will be raised therein or in preliminary proceedings thereto, including without limitation the issues of the public use or necessity of the project. 14. This permission is granted in consideration that the District will hereafter without unnecessary delay, negotiate with the County to agree upon terms of compensation, and that if an agreement cannot be achieved by September 30, 1993, the District will commence eminent domain proceedings within sixty (60) days thereafter, including deposit of funds to support an Order of Possession, so that the amount and terms of compensation payable to the County can be determined by a court of appropriate jurisdiction, unless prior to such commencement of proceedings the parties reach agreement upon terms of compensation pursuant to mediation conducted by the Judicial Arbitration and Mediation Service, or like entity. The County and the District have hereinafter set forth the signatures of their authorized respective representatives evidencing mutual agreement to the terms and conditions of this agreement. Any amendments to this agreement shall be set forth in writing and be signed by both parties. Central Contra Costa Sanitary District County of Contra Costa By: By: Jso�i Chair,Board of Supervisors By: ATTEST: By: i.L!-, De uty, Clerk of the Board Date: Date: 9 9 IDnnfraTad/&iter-U&Ccc c:ID.t9 I1 4orded at the request of: Central Contra Costa Sanitary District EXHIBIT "B" After recording return to: Central Contra Costa Sanitary District 5019 Imhoff Piece Martinez,CA 94553 Attention: PN: 125-010-018 GRANT OF EASEMENT For good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY, apolitical subdivision of the State of California, hereinafter called COUNTY hereby grants to Central Contra Costa Sanitary District, a special district of the State of California, hereinafter called GRANTEE, an exclusive subsurface and a nonexclusive surface perpetual easement and right of way to construct, install, alter, operate, inspect, maintain, repair and replace in the original or any other size such sewerline or lines and such reclaimed waterline or lines and appurtenances thereto in such sizes and configurations as the Grantee deems necessary within, upon, over, and through all that real property situated in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT"A"AND EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never to assail or resist said title. 2. COUNTY reserves its prior rights to use the surface of any and all of said lands for public purposes. COUNTY's use of the surface shall not unreasonably interfere with GRANTEE's use of the easement. GRANTEE's use of this easement and the exercising of any rights hereunder shall, not unreasonably interfere with COUNTY's use of said lands. 3. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior approval of its plans by COUNTY. 4. Any and all COUNTY facilities, pavement, landscaping or miscellaneous improve- ments, removed or damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said work may be performed by COUNTY at the expense of GRANTEE,which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 5. GRANTEE agrees that COUNTY assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from COUNTY's operations and use of said land, except in the event of COUNTY's negligence or willful • misconduct. 6. Nothing herein contained shall be construed to prevent COUNTY from granting other surface easements over said lands or using said surface lands for any and all purpose, provided, however, that COUNTY shall not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 7. GRANTEE shall defend, indemnify, save, protect and hold harmless the COUNTY, its agents and employees, of and from any and all claims, demands, costs, damages, losses, and liability for any damages, injury or death, including inverse * 1 condemnation, arising from the exercise by GRANTEE of the rights herein granted to it, including reasonable attorney's fees. 8. In the event GRANTEE shall elect to abandon the easement hereby granted or uses the easement for other than the purposes for which it is granted, then all rights of GRANTEE in and to said lands shall hereupon cease and terminate and title thereto shall immediately revert to and vest in the COUNTY or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by COUNTY, and at GRANTEE's sole cost and expense, abandon all its facilities in accordance with GRANTEE's standard specifications and restore said property to a condition equivalent to or better than original condition. Upon failure of GRANTEE so to do, said work may be performed by COUNTY at GRANTEE's expense, which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. 9. No rights granted hereunder shall be transferred or assigned without the prior written consent of COUNTY. 10. This easement is granted subject to recorded encumbrances, licenses, leases, easements, restrictions, conditions,covenants, liens, claims of title,and restrictions of record and any prior recorded rights held by others within said land, against which no warranty is made, and the word "grant' shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless County, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 11. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of COUNTY's adjacent lands lying outside of the aforesaid strip of land above described. 12. This indenture and all of the covenants herein contained shall inure to thebenefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of , 19 Terms & Conditions Accepted: CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT By . By: Chair, Board of Supervisors STATE OF CALIFORNIA ) By: COUNTY OF CONTRA COSTA ) On before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(iss), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: Deputy Clerk PBa:9io accc.t9