HomeMy WebLinkAboutMINUTES - 09131994 - 1.1 (2) i
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 13, 1994
SUBJECT: EAST CYPRESS ROAD/JERSEY ISLAND ROAD LEFT TURN LANE - OAKLEY AREA
Project No.: 0662-6R4112-93 Task: ACQ Account: 3540
Federal Project No. STP-LH-5928 (010) :
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ACCEPT Road Easement from the United State of America.
B. AUTHORIZE the Board Chair to sign said Easement on behalf of the County.
C. DIRECT the Real Property Division to have said Easement recorded in the Office of the County
Recorder.
II. Financial Impact:
None, the United States of America has waived payment for the land rights.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON SEP 13 1994 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
RF:glo
g:\realprop\temp\BOa 13.t9
Orig. Div: Public Works(R/P)
Contact: Roger Frost(313-2223) therebycertiythat this Isatrue and
correctcopyof
cc: County Administrator an action taken and entered on the minutes of the
Auditor-Controller(via R/P) Board of Suppragn T ,
fg
P.W.Accounting ATTESTEp: F' i
PHIL BATCHELOR perk of the Board
Recorder(via R/P) of Supervisor's and G�ounty Administrator
.Deputy
i
,East Cypress Road/Jersey Island Road Left Turn Lane
September 13, 1994
Page Two
III. Reasons for Recommendations and Background:
The property rights are required for the construction of an east bound left turn lane from East
Cypress Road onto Jersey Island Road in the Oakley area.
IV. Consequences of Negative Action:
There will be insufficient land rights to proceed with the project.
UNITED STATES (� /
DEPARTMENT OF THE INTERIOR /
BUREAU OF RECLAMATION
EASEMENT TO CONTRA COSTA COUNTY
ROAD EASEMENT OVER SIPHON
CONTRA COSTA CANAL MILEPOST 1.45, OAKLEY
JERSEY ISLAND ROAD/CYPRESS ROAD INTERSECTION
CONTRACT NO. 4-07-20-L6289
THIS INDENTURE, made this day of 199 , in accordance with
the Act of Congress approved June 17, 1902 (32 Stat. 388) , and all other
amendatory or supplementary acts by and between THE UNITED STATES OF AMERICA,
acting by and through its Department of the Interior, Bureau of Reclamation
(United States) , represented by the officer executing this instrument on its
behalf, and the COUNTY OF CONTRA COSTA (County) .
RECITALS
The United States acquired land and has constructed the CONTRA COSTA CANAL
(Canal) as a feature of the Central Valley Project; and
The Contra Costa Water District (District) is operating the Canal on behalf of
the United States; and
The County has requested the United States grant to it an easement for the
construction, operation, and maintenance of a road intersection over a siphon
over the Contra Costa Canal at Milepost 1.45, Oakley, CA; and
The United States has no objections to such use of the land and the use is, at
this time, not incompatible with the purpose for which the land was acquired
and is now being administered.
EASEMENT
Inconsideration of the following terms and conditions, the United States
grants without warranty of title to the County, a perpetual nonexclusive
easement for construction, operation, and maintenance of an roadway
intersection located at Jersey Island Road and Cypress Road, over the canal at
milepost 1.45 at Oakley, California and described in the attached legal
description marked Exhibit "A" attached hereto and by reference made a part
hereof: and
1. The easement granted is subject to existing rights-of-way in favor of
the public or third parties for highways, roads, railroads, telegraph,
telephone, and electric transmission lines, canals, laterals, ditches, flumes,
siphons, and pipelines over and across the land.
2. All construction work to be performed shall be accomplished to the
satisfaction of the United States by and at the expense of the County and
shall be in full accordance with the previously approved plans by Contra Costa
County dated February 3, 1994. A print copy is on file at the Bureau of
Reclamation's Tracy Office.
3. If during the construction authorized by this easement, a situation
develops which, in the opinion of the District and/or the United States or of
any third party or parties, presents a threat to the safety of property of the
United States or of any third party or parties, the County will take immediate
action to eliminate the threat. In the event the County does not immediately
provide the necessary protection, the United States reserves the right, after
notifying the County and its contractor, to take such action as may be
necessary to eliminate the immediate threat and the County will, upon receipt
of an itemized statement, reimburse the United States for all costs.
4.. All rights exercised herein shall be in accordance with all
Applicable statutes, orders, rules, and regulations of any public authority
having jurisdiction.
S. The waiver,of a breach of any of the provisions of the easement shall
not be deemed to be a waiver of any other provision or a subsequent breach of
a provision.
6. The Easement Fee has been waived under 43 CFR 429.6C(3.) .
7. The County hereby agrees to indemnify and hold harmless the United
States, its agents and employees, and the District, its Directors, employees,
agents, and contractors, from any loss or damage and from any liability on
account of personal injury, death, or property damage, or claims for personal
injury, death, or property damage of any nature caused by any person, firm, or
corporation authorized to act on behalf of the County with regard to the
County's activities under this easement. Throughout the period of said
construction, County or its contractor, shall maintain in force policies of
liability insurance, providing limits of not less than $1,000,000 for each
person and $2,000,000 for each occurrence for bodily injury or death, and not
less than $1,000,000 property damage. Said policies shall name the United
States. the District, its Directors, Employees, Agents, and Contractors, as
additional insured and shall provide that the policy will not be canceled or
reduced in coverage without ten (10) days prior notice from the County. Prior
to commencement of said construction, County shall cause to be delivered to
the Tracy Office, Bureau of Reclamation a copy of the certificate of insurance
reflecting all essential coverage.
8. This grant of easement shall not constitute nor be construed as any
surrender or subordination to the County of the jurisdiction or supervision of
the United States over the remaining interest of the United States in the land
described in this easement contract.
9. The County shall not assign its rights hereunder without the prior
written consent of the United States, which consent shall not be unreasonably
withheld. No assignment of the privileges and benefits accruing to the County
herein and no assignment of the obligations or liability of the County herein,
whether by operation of law or otherwise, shall be valid without the prior
written consent of the United States, which shall not be unreasonably
withheld.
10. The rights and privileges granted in this easement shall benefit and
be binding upon the successors and assigns of the County.
11. The County warrants that no person or selling agency has been
employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the County for the purpose of securing business. For
breach or violation of this warranty, the United States shall have the right
to annul this agreement without liability or in its discretion to deduct from
this agreement price or consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
12. If in the event the County breaches or fails to perform or observe
any of the terms and conditions herein, and fails to cure such breach or
default within ninety (90) days of the United States giving the County written
notice thereof, or if not reasonably capable of being cured within such ninety
(90) days, or within such other period of time as may be reasonable in the
circumstances, the United States may terminate the County's rights under this
agreement in addition to and not in limitation of any other remedy of the
United States at law and in equity, and failure of the United States to
exercise such right at any time shall not waive the United States right to
terminate for any future breach or default.
13. In the event the County ceases to use the easement for a period of
five (5) successive years, this agreement and all the County's rights
hereunder shall terminate for that easement and revert to the United States.
14. No member of or delegate to Congress or resident Commissioner, shall
be admitted to any share of part of this contract, or to any benefit that may
arise from this contract. This provision shall not be construed to extend to
this contract if made with a corporation for its general benefit.
15. There is reserved from the rights granted in this easement, the prior
right of the United States to construct, operate, and maintain public works
now or in the future authorized by Congress without liability for severance or
other damage to the County's facilities, including the right to terminate when
lands are needed for project purposes; provided, however, that if such
reserved rights are not exercised from facilities authorized by the Congress
within 10 years following the date of this grant, they will not be exercised
unless the County, or the County's successor in interest is notified of the
need and grants an extension or waiver. If no extension or waiver is granted,
the United States will compensate or institute mitigation measures for any
resultant damages to works placed on land in accordance with the easement
rights granted the County's compensation shall be in the amount of the cost of
reconstruction of the County's works to accommodate the exercise of the United
States reserved rights. As alternatives to such compensation, the United
States, at its option and at its own expense, may mitigate the damage by
reconstructing the County's works to accommodate the United States facilities,
or may provide other adequate mitigation measures for any damage to the
County's property or right. The decision to compensate or mitigate is that of
the United States.
16. The County shall:
(a) Comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and instructions, existing or hereafter
enacted or promulgated, concerning any hazardous material that will be used,
produced, transported, stored or disposed of on or in lands, waters or
facilities owned by the United States or administered by Reclamation.
(b) "Hazardous material" means any substance, pollutant or
contaminant listed as hazardous under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
42 U.S.C. § 1901, et seg. , and the regulations promulgated pursuant to that
Act.
(c) The County may not allow contamination of lands, waters or
facilities owned by the United States or administered by Reclamation by
hazardous materials, thermal pollution, refuse, garbage, sewage effluent,
industrial waste, petroleum products, mine tailings, mineral salts, pesticides
(including, but not limited to, the misuse of pesticides) , pesticide
containers or any other pollutants.
(d) The County shall report to Reclamation, within 24 hours of its
occurrence, any event which may or does result in pollution or contamination
adversely affecting lands, water or facilities owned by the United States or
administered by Reclamation.
(e) Violation of any of the provisions of this Article shall
constitute grounds for immediate termination of this contract and shall make
the County liable for the cost of full and complete remediation and/or
restoration of any Federal resources or facilities that are adversely affected
as a result of the violation.
(f) The County agrees to include the provision contained in
paragraphs (a) through (e) of this Article in any subcontract or third party
contract it may enter into pursuant to this contract.
(g) Reclamation agrees to provide information necessary for .the
County, using reasonable diligence, to comply with the provision of this
Article.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as of the day and year first above written.
THE UNITED STATES OF AMERICA
By
Regional Supervisor of Water and
Power Resources Management, Bureau
of Reclamation, Mid-Pacific Region
ACCEPTED:
c�-
C unty o Cont Co to
By Noted:
Chai a of the Board of
Supe isors Contra Costa Water District
ATTEST: By
Clerk of the Board President, Board of Directors
of Supervisors and County
Administrator
ATTEST:
By e C ,LdIL,
Deputy By
Secretary,
Board of Directqrs
APPROVED AS TO FORM:
APPROVEDS / 0
By
D);i-s, rt ounfs'i1
0ecQuC uns?el
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On September 13, 1994 before me,
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator, Contra
Costa County, personally appeared
Thomas-M. Powers
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/she/they executed the same in his/-
her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
i
i
By:
Deputy Clerk
AK.la
East Cypress Road @ Jersey Island Road
Road #8271 B and 8774
Drawing Number R/W 8271 B-93
PARCEL 1 and 1T. U.S.A.
EXHIBIT "A"
PARCEL 1: (Permanent Easement)
A portion of the East 1/2 of Section 29 and the West 1/2 of Section 28 Township 2 North Range 3
East Mount Diablo Meridian being a portion of that parcel of land granted to the United States of
America recorded June 16, 1938 in Book 473 of Official Records at page 2 and a portion of that
parcel of land acquired by judgement by the United States of America recorded March 9, 1940 in
Book 539 of Official Records at page 218 records of Contra Costa County, California described as
follows:
Commencing at the east 1/4 corner Section 29 (T2N R3E); thence south 0059'30" west 30.00 feet
to the Point of Beginning; thence from said Point of Beginning north 89°16'12" west 151.51 feet to
the southwesterly line of said United States of America parcels (473 O.R. 2 and 539 O.R. 218);
thence along said southwesterly line north 43056'46" west 84.38 feet; thence leaving said
southwesterly line south 89016'12" east 81.78 feet to a tangent curve concave to the northwest
having a radius of 100.00 feet; thence easterly, northeasterly, northerly along the arc of said curve
156.46 feet through a central angle of 89038'37; thence north 1°05'11" east 86.05 to the
northeasterly line of said United States of America parcels; thence along said northeasterly line
south 43056'46" east 84.80 feet; thence leaving said northeasterly line south 1°05'11"west 24.38 feet
to a tangent curve concave to the northeast having a radius of 100.00 feet; thence southerly,
southeasterly, easterly along the arc of said curve 157.80 feet through a central angle of 90024'35";
thence south 89019'24" east 23.61 feet to the northeasterly line of said United States of America
parcels (473 O.R. 2 and 539 O.R. 218); thence along said northeasterly line south 43056'46" east
84.30 feet; thence leaving said northeasterly line north 89019'24" west 213.93 feet to the point of
Beginning.
Containing an area of 35.543 square feet (0.816 acre) of land more or less:
Excepting Therefrom:
The rights of the public over that portion of the parcel of land, described above, lying within the
existing county roads (Jersey Island Road and East Cypress Road).
PARCEL 1 T: (Temporary Construction Easement to expire at the end of construction or December
31, 1995 whichever occurs first)
Commencing at the east 1/4 comer of Section 29 (T2N R3E); thence south 0°59'30"west 30.00 feet
to the Point of Beginning; thence from said Point of Beginning south 89019'24" east 30.00 feet;
thence south 0°40'35' west 10.00 feet; thence north 89019'24" west 30.00 feet; thence north
E9°16'12"west 5.00 feet; thence north 0°43'48" east 10.00 feet;thence south 89016'12" east 5.00 feet
to the Point of Beginning.
1
Containing an area of 350 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Sip LAND SU,�`
Signature:
License Land Surveyor Exp.
Contra Costa County Public Works
Na 5999
Date: OFCAIW'�'�\P
az:ji9
c\ex*CypressJ.473
1 14/94
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