HomeMy WebLinkAboutMINUTES - 07261994 - 1.16 BOARD OF SUPERVISORS AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on July 26, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 941384
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Standard Pacific
Gas Line Incorporated
Walnut Creek Channel
Project No. 7505-6F8378
Concord Area
The Board of Supervisors as the governing body of the Contra Costa County Flood
Control & Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control &Water Conservation District acquired certain
real property by deed recorded on February 17, 1966, in Book 5060 at page 567, in
Concord area, for flood control purposes. The Standard Pacific Gas Line Incorporated
has requested an easement over a portion of said property, described in Exhibit "A"
attached hereto, for the installation of a 24" steel gas pipeline. This Board FINDS that
the conveyance of such easement is in the public interest and will not substantially
conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an
easement to Standard Pacific Gas Line, Incorporated, over the property described in
Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the
Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the
District in consideration for the payment received in full in the amount of $11,400.00.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
RESOLUTION NO. 94/ 384
Standard Pacific Gas Line, Inc.
July 26, 1994
Page Two
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project is exempt from the requirements of the
California Environmental Quality Act as a Class 12 Categorical Exemption under County
Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Director
of Community Development to file a Notice of Exemption with the County Clerk and
DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee
to the County Clerk for filing of the Notice of Exemption. This activity has been found to
conform to the General Plan of Contra Costa County.
Orig. Dept: Public Works (R/P)
Contact: Karen A. McNamer (313-2228)
cc: Public Works Accounting
Public Works Records I hereby certify that this is a true and correctcopy of
Grantee (via R/P) an action taken and entered on the minutes of the
Board of SBAZIE-
prs fn to 4
hown.Recorder (via R/P) ATTESTED
PHIL LOR,
Clerk of the Board
KAM:glo of Supervisors and County Administrator
g:\realprop\1emp\br2726.t7
By of �, � ,Deputy
Contra Costa County Flood Control and'Water Conservation District
EXHIBIT "A"
Situate in the County of Contra Costa, State of California, described as
follows:
A strip of land of the uniform width of 15 feet extending from the
northeasterly boundary line of the parcel of land described and designated FLOOD
CONTROL PARCEL 520 in the deed to Central Contra Costa Sanitary District
dated January 25, 1971 and recorded February 9, 1971 in Book 6313 of Official
Records at page 16, Contra Costa County Records, northeasterly and
southeasterly to the northeasterly boundary line of the parcel of land described and
designated Parcel 15A in the deed from V. P. Baker and others to Contra Costa
County Flood Control and Water Conservation District dated December 7, 1965
and recorded February 17, 1966 in Book 5060 of Official Records at page 567,
Contra Costa County Records, and lying 7.5 feet on each side of the three courses
hereinafter designated (1), (2) and (3), and 6 feet on the northeasterly side and 9
feet on the southwesterly side of the remaining courses of the line described as
follows:
z Beginning at a point in the northeasterly boundary line of said parcel of
land designated FLOOD CONTROL PARCEL 520, and running thence
(1) north 57° 19.0' east 100.0 feet, more or less,
to a point which bears north 27° 31.9' west 624.4 feet distant from the found 1-1/4
inch pipe accepted as marking the northwesterly terminus of a course having a
bearing of north 34° 42.1'west in the southwesterly boundary line of said parcel of
land designated Parcel 15A (for identification only, said course according to the
description contained in said deed dated December 7, 1965 has a bearing of north
33° 44' 56" west and a length of 1146.14 feet); thence continuing
(2) north 57° 19.0' east 404.0 feet; thence
(3) south 78° 44.3' east 3 2.1 feet
to a point distant 6 feet southwesterly from (measured at a right angle to) the
southwesterly boundary line of the parcel of land described and designated Parcel
No. 87 in the deed to Tidewater Oil Company dated June 10, 1966 and recorded
June 15, 1966 in Book 5141 of Official Records at page 431, Contra Costa County
Records; thence running along a line which is parallel with the southwesterly
boundary line of said parcel of land designated Parcel No. 87
(4) south 34° 42.1' east 456.8 feet;
thence leaving said parallel line
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EXHIBIT "A" (CONTINUED)
(5) south 27° 58.6' east 80.0 feet; thence
(6) south 34° 42.1' east 1154.9 feet; thence
(7) south 53° 15.4' east 59.6 feet, more or less,
to a point in the northeasterly boundary line of said parcel of land designated
Parcel 15A.
The foregoing description is based on surveys made by Pacific Gas and
Electric Company in June and September 1989 and in January 1990. The bearings
used are based on solar observations made by Pacific Gas and Electric Company.
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7000-3833 (EKC-14) 10 93 4
Stanpac No. 3 Gas Line Replacement, Concord
AFTER RECORDING, RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
123 Mission Street,H21A,Room 2110 l� r
P.O.Box 770000
San Francisco, California 94177
Location:City/Uninc
Recording Fee
Document Transfer Tax$
❑ Computed on Full Value of Property Conveyed,or
❑ Computed on Full Value Less Liens&Encumbrances
Remaining at Time of Sale
Signature of declarant or agent determining tax
GRANT OF EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a
political subdivision of the State of California, hereinafter called DISTRICT, hereby grants to
STANDARD PACIFIC GAS LINE INCORPORATED, a California corporation, hereinafter called
GRANTEE, a non-exclusive right to construct a 24-inch steel gas pipeline and accomplish all
necessary incidents thereto for the purpose of conveying gas, oil, petroleum products, or any
other liquid, gases, or substances which can be transported through a pipeline, and for no other
purposes whatsoever, together with a right of way on, along and in all of the hereinafter described
parcels of land situate in the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A".
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or
resist said title.
2. GRANTEE shall, prior to any construction or installation within the subject easement area,
contact DISTRICT for confirmation that GRANTEE's plans and specifications will not affect
DISTRICT's use of said lands.
3. DISTRICT reserves its prior rights to use any and all of said lands for public purposes.
GRANTEE's use of this easement and the exercising of any rights hereunder shall, in no way,
interfere with DISTRICT's use of said lands. In the event GRANTEE's use should interfere
with the DISTRICT's primary use, GRANTEE shall within 120 days after receiving written
notice from DISTRICT to do so, at GRANTEE's sole cost and expense, modify or relocate its
facilities. If DISTRICT owns excess land which will accommodate the relocated facilities,
DISTRICT will grant to GRANTEE all rights DISTRICT may deem necessary to effect said
relocation. In the event GRANTEE fails to modify or relocate its facilities as required herein,
said work may be performed by DISTRICT at the expense of GRANTEE, which expense
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GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs
and any legal fees incurred to collect said costs.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct
its facilities without first having plans reviewed by DISTRICT.
5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, 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 within 90 days, said work may be performed by DISTRICT at
the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly
upon demand, including engineering costs and any legal fees incurred to collect said costs.
6. GRANTEE agrees that DISTRICT assumes no responsibility for the construction,
maintenance or repair of GRANTEE's facilities resulting from DISTRICT's operations and use
of said lands.
7. Nothing herein contained shall be construed to prevent DISTRICT from granting other
easements over said lands or using said lands for any and all purposes, provided, however,
that DISTRICT shall not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder, subject to the provisions as contained in paragraph 3 above.
S. GRANTEE agrees to defend, indemnify, save, protect and hold harmless the DISTRICT, its
officers, agents and employees from any and all claims, costs and liability, including reasonable
attorneys fees, for any damage, injury or death from any cause whatsoever, to persons or
property arising from the GRANTEE's presence, use of or other activities of any nature on the
subject property, save and except claims or litigation arising through the negligence or willful
misconduct of the DISTRICT, its officers or employees.
9. GRANTEE agrees to the following as defined below: 1) Definitions; 2) Obligations to
indemnify, defend and hold harmless; and 3) Obligation to remediate.
1. DEFINITIONS
a. Hazardous Material
Hazardous Material means any substance:
(i) the presence of which requires investigation or remediation under any federal, state
or local statute, regulation, ordinance, order, action, policy or common law; or
(ii) which is or becomes defined as a "hazardous waste", "hazardous substance",
pollutant or contaminant under any federal, state or local statute, regulation, rule or
ordinance or amendments thereto including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et
seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 et
seq.); or
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(iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive,
carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any
governmental authority, agency, department, commission, board, agency or
instrumentality of the United States, the State of California or any political subdivision
thereof, or
(iv) the presence of which on the Property causes or threatens to cause a nuisance
upon the Property or to adjacent properties or poses or threatens to pose a hazard to
the health or safety of persons on or about the Property; or
(v) the presence of which on adjacent properties could constitute a trespass by
GRANTEE.
(vi) without limitation which contains gasoline, diesel fuel or other petroleum
hydrocarbons, or
(vii) without limitation which contains polychlorinated biphenyl's (PCBs), asbestos or
urea formaldehyde foam insulation.
b. Environmental Damages
Environmental Damages means:
All claims, judgments, damages, costs, and expenses of investigation and defense of
any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement of judgment, of whatever kind or nature, contingent or otherwise, matured
or unmatured, including without (imitation reasonable attorneys' fees and
disbursements and consultants' fees, any of which are incurred at any time as a result
of the existence of Hazardous Material upon, about, beneath the Property or migrating
or threatening to migrate to or from the Property, as a result solely of GRANTEE's
activities, and including without limitation:
(i) Damages for personal injury, or injury to property or natural resources occurring
upon the Property, including without limitation, the cost of demolition and rebuilding
of any improvements on real property, interest and penalties, including but not limited
to claims brought by or on behalf of employees of GRANTEE, with respect to which
GRANTEE waives any immunity to which it may be entitled under any industrial or
worker's compensation laws;
(ii) Fees incurred for the services of attorneys, consultants, contractors, experts
laboratories and all other costs incurred in connection with the investigation or
remediation of such Hazardous Materials including, but not limited to, the preparation
of any feasibility studies or reports or the performance of any cleanup, remediation,
removal, response, abatement, containment, closure, restoration or monitoring work
required by any federal, state or local governmental agency or political subdivision, or
reasonably necessary to make full economic use of the Property or any other property
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or otherwise expended in connection with such conditions, and including without
limitation any attorneys' fees, costs and expenses incurred in enforcing this agreement
or collecting any sums due hereunder; and
(iii) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in subparagraph (ii)
herein.
c. Propefty
Property, as used in sections 1, 2 and 3 hereof, means:
The property which is the subject of this agreement as well as any portion of the
Walnut Creek Channel or adjoining property which is affected by the GRANTEE's
activities or the discharge or release of hazardous materials.
2. OBLIGATIONS TO INDEMNIFY. DEFEND AND HOLD HARMLESS
a. GRANTEE, its successors, assigns and guarantors, agree to indemnify, defend,
reimburse and hold harmless, DISTRICT, its governing board, and the agents,
contractors, subcontractors, experts, licensees and invitees of DISTRICT from and
against any and all Environmental Damages arising from the presence of Hazardous
Materials upon, about or beneath the property or migrating to or from the property or
arising in any manner whatsoever as a result of GRANTEE's activities on or near the
property, unless, and to the extent that, such Environmental Damages exist as a result
of the acts or omissions of DISTRICT and/or other parties.
b. This obligation shall include, but not be limited to, the burden and expense of
defending all claims, suits and administrative proceedings (with counsel reasonably
approved by the indemnified parties), even if such claims, suits or proceedings are
groundless, false or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified person. DISTRICT, at its sole
expense, may employ additional counsel of its choice to associate with counsel
representing GRANTEE.
c. The obligations of GRANTEE in this paragraph shall survive the expiration or
termination of this agreement and the transfer of any title to or interest in the property.
d. If the DISTRICT seeks indemnification and/or defense funding from GRANTEE
pursuant to this grant of easement, the DISTRICT shall provided GRANTEE with
prompt written notice of any claim or litigation which comes to the attention of the
DISTRICT and which contains any allegation against the DISTRICT or its agents.
GRANTEE shall defend any such claim or litigation at its expense only to the extent as
set forth in this grant of easement, and it shall be given complete authority,
information, and assistance for such defense by the DISTRICT. GRANTEE shall be
relieved of any responsibility under this grant of easement in the event that the
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DISTRICT enters into a settlement of any such claim or litigation without the prior
written approval of GRANTEE, which approval shall not be unreasonably withheld.
3. OBLIGATIONS TO REMEDIATE
Notwithstanding the obligation of GRANTEE to indemnify DISTRICT pursuant to this
agreement, GRANTEE shall, upon demand of DISTRICT, and at its sole cost and
expense, promptly take all actions to remediate the property which are lawfully ordered by
any federal, state or local governmental agency or political subdivision or which are
reasonably necessary to mitigate Environmental Damages which remediation is
necessitated from the presence upon, about or beneath the property of a Hazardous
Material as a result solely of the GRANTEE's activities.
Such actions shall include, but not be limited to, the investigation of the environmental
condition of the Property, the preparation of any feasibility studies, reports or remedial
plans, and the performance of any cleanup, remediation, containment, operation,
maintenance, monitoring or restoration work, whether on or off of the Property.
GRANTEE shall take all actions necessary to restore the Property to the condition
existing prior to the introduction of Hazardous Material upon, about or beneath the
Property, in accordance with prevailing remedial standards established under Federal or
State law. All such work shall be performed by one or more contractors, selected by
GRANTEE and approved in advance and in writing within three working days by
DISTRICT. GRANTEE shall proceed continuously and diligently with such investigatory
and remedial actions, provided that in all cases such actions shall be in accordance with all
applicable requirements of governmental entities. Any such actions shall be performed in a
good, safe and workmanlike manner and shall minimize any impact on the business
conducted at the Property. GRANTEE shall pay all costs in connection with such
investigatory and remedial activities, including but not limited to all power and utility
costs, and any and all taxes or fees that may be applicable to such activities. GRANTEE
shall promptly provide to DISTRICT copies of testing result and reports that are
generated in connection with the above activities. Promptly upon completion of such
investigation and remediation, GRANTEE shall permanently seal or cap all monitoring
wells and test holes to industrial standards in compliance with applicable federal, state and
local laws and regulations, remove all associated equipment, and restore the Property to
the maximum extent possible, which shall include, without limitation, the repair of any
surface damage, including paving, caused by such investigation or remediation hereunder.
10. The Obligations set forth in paragraph 9 of this agreement shall survive termination of the
agreement.
11. In the event GRANTEE shall cease to use the easement hereby granted for a continuous
period of one year or in the event GRANTEE abandons any of its facilities or fails to use the
easement for the purpose 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 DISTRICT or its successors. Upon any termination of GRANTEE's rights hereunder,
GRANTEE shall, upon request by DISTRICT, and at GRANTEE's sole cost and expense,
remove all its facilities from said lands and restore said property to its original condition.
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Upon failure of GRANTEE so to do, said work may be performed by DISTRICT at
GRANTEE's expense, which expense GRANTEE agrees to pay to DISTRICT upon demand.
GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard.
12. No rights granted hereunder shall be transferred or assigned without the prior written consent
of DISTRICT.
13. This easement is granted subject to encumbrances and restrictions of record and any prior
rights held by others within said land, against which no warranty is made.
14. Nothing herein contained shall be deemed to construe that access or other secondary rights
are conveyed by this document over any of DISTRICT's adjacent lands lying outside of the
aforesaid strip of land above described.
15. This indenture and all.of the covenants herein contained shall inure to the benefit 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
CONTRA COST OUNTY FLOOD CONTROL
AND WATE ON ERVATION DISTRICT
By 6Z-0,��
air, Board of Supervisors
Attest
PhiPhii Batc e or
Clerk of the Board of Supervisors
and County Administrator
Approved as to form:
Victor J. Westman
Courtt� Counsel
East Bay Region 1 /
Diablo Division
GM 4545489 Deputy
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Sec 15: SE4 s
Sec 22: N2ofNE4, SE4ofNE4
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89-016
Prepared: EKC
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Contra Costa County Flood Control and Water Conservation District
EXHIBIT "A"
Situate in the County of Contra Costa, State of California, described as
follows:
A strip of land of the uniform width of 15 feet extending from the
northeasterly boundary line of the parcel of land described and designated FLOOD
CONTROL PARCEL 520 in the deed to Central Contra Costa Sanitary District
dated January 25, 1971 and recorded February 9, 1971 in Book 6313 of Official
Records at page 16, Contra Costa County Records, northeasterly and
southeasterly to the northeasterly boundary line of the parcel of land described and
designated Parcel 15A in the deed from V. P. Baker and others to Contra Costa
County Flood Control and Water Conservation District dated December 7, 1965
and recorded February 17, 1966 in Book 5060 of Official Records at page 567,
Contra Costa County Records, and lying 7.5 feet on each side of the three courses
hereinafter designated (1), (2) and (3), and 6 feet on the northeasterly side and 9
feet on the southwesterly side of the remaining courses of the line described as
follows:
Beginning at a point in the northeasterly boundary line of said parcel of
land designated FLOOD CONTROL PARCEL 520, and running thence
(1) north 57° 19.0' east 100.0 feet, more or less,
to a point which bears north 270 31.9' west 624.4 feet distant from the found 1-1/4
inch pipe accepted as marking the northwesterly terminus of a course having a
bearing of north 34° 42.1'west in the southwesterly boundary line of said parcel of
land designated Parcel 15A (for identification only, said course according to the
description contained in said deed dated December 7, 1965 has a bearing of north
33° 4456" west and a length of 1146.14 feet); thence continuing
(2) north 57° 19.0' east 404.0 feet;thence
(3) south 78° 44.3' east 3 2.1 feet
to a point distant 6 feet southwesterly from (measured at a right angle to) the
southwesterly boundary line of the parcel of land described and designated Parcel
No. 87 in the deed to Tidewater Oil Company dated June 10, 1966 and recorded
June 15, 1966 in Book 5141 of Official Records at page 431, Contra Costa County
Records; thence running along a line which is parallel with the southwesterly
boundary line of said parcel of land designated Parcel No. 87
(4) south 34° 42.1' east 456.8 feet;
thence leaving said parallel line
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EXHIBIT "A" (CONTINUED)
(5) south 27° 58.6' east 80.0 feet; thence
(6) south 34° 42.1' east 1154.9 feet;thence
(7) south 53° 15.4' east 59.6 feet, more or less,
to a point in the northeasterly boundary line of said parcel of land designated
Parcel 15A.
The foregoing description is based on surveys made by Pacific Gas and
Electric Company in June and September 1989 and in January 1990. The bearings
used are based on solar observations made by Pacific Gas and Electric Company.
CAR! JW4E l
"1.
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