HomeMy WebLinkAboutMINUTES - 09171996 - C5 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 17, 1996, by the following vote:
AYES: Supervisors Rogers , Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 96/ 412
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Pacific Gas & Electric Company
West County Detention Facility
Project No. 4363-6G5059
North Richmond Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by Final Order of Condemnation
recorded on October 30, 1992, in Book 17989 at page 628, in the North Richmond area.
Pacific Gas & Electric Company has requested an easement over a .portion of said
property, described in Exhibit "A" attached hereto, to replace existing facilities relocated
during construction of the County's detention facility. This Board FINDS that the
conveyance of such easement is in the public interest and will not substantially conflict or
interfere with the County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to Pacific Gas & Electric Company 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 said easement on behalf of the County.
The Real Property Division is DIRECTED to cause said easement to be delivered
to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: Roger Frost (313-2223) 1,Mov a,*tat�to a W,,.me a d
cc: Public Works Accounting � 'of�" ander," ,� "'B '"""""°�t"'
Public Works Records RrMs�: oeptember sho11 .1996
Grantee (via R/P) dSWervsoiawRcamy° &
Recorder (via R/P)
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September 3,19N
RESOLUTION NO. 96/ 412
West County Detention Facility
Utility Easement to PG&E
Legal Description (6 pages)
EXHIBIT "A"
COUNTY OF CONTRA COSTA, a public body of the State of California,
hereinafter called Grantor, in consideration of value paid by PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation, hereinafter called PG&E, the receipt whereof is hereby
acknowledged, hereby grants to PG&E the right to erect, construct, reconstruct, replace, remove,
maintain and use a line of poles with such wires and cables as PG&E shall from time to time
suspend therefrom for the transmission and distribution of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors and other appliances and fixtures
for use in connection with said poles, wires and cables, together with a right of way, on, along and
in all of the hereinafter described easement areas lying within Grantor's lands which are situate in
the City of Richmond, County of Contra Costa, State of California, and are described as follows:
(APN 405-042-019)
The parcel of land described and designated Parcel 1 in EXHIBIT A in the
Final Order of Condemnation recorded October 30, 1992 in Book 17989 of
Official Records at Page 628, Contra Costa County Records.
The aforesaid easement areas are described as follows:
1
STRIP 1:
A strip of land of various widths extending northeasterly from the westerly
boundary line of said lands to the northeasterly boundary line of said lands and
being initially of the uniform width of 50 feet lying 25 on each side feet of the line
described as follows:
Beginning at a point in the westerly boundary line of said lands and running
thence
(1) north 50°49'41" east 100 feet approximately
to a point which bears north 7°30'52" west 1571.7 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at Page 48, Contra Costa County Records, thence continuing
(2) north 50°49'41" east 239.4 feet
to a point herein for convenience called Point "A"; thence changing from the
uniform width of 50 feet to the uniform width of 40 feet lying 20 feet on each side
of the of next four courses of said line, and continuing
(3) south 46°48'03" east 165.3 feet
to a point herein for convenience called Point `B"; thence continuing
(4) north 49147'23" east 1574.3 feet
to a point herein for convenience called Point "C"; thence continuing
(5) north 59°34'25" east 414.9 feet
to a point herein for convenience called Point "D"; thence continuing
(6) south 67°56'07" east 39.9 feet, more or less,
to a point in the northeasterly boundary line of said lands also being the northerly
boundary line of the 100 feet right of way of the Atchison Topeka and Santa Fe
Railway Company; excepting therefrom the portion of land described in the deed
from Pinole Point Steel Company to Pinole Point Properties, Inc. recorded
December 13, 1979 in Book 9662 of Official Records at Page 199, Contra Costa
County Records.
STRIP 2:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows.-
Commencing
ollows:Commencing at said Point "A" and running
(a) north 47°49'24" west 25.3 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line, thence running
(1) north 47°49'24" west 8.4 feet
to a point within the boundary lines of said lands.
2
STRIP 3:
A strip of land of the uniform width of 10 feet extending northeasterly from the
northeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point"A' and running
(a) north 53'09'10" east 20.3 feet
to a point in said northeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 53'09'10" east 13.3 feet
to a point within the boundary lines of said lands.
STRIP 4-.
A strip of land of the uniform width of 10 feet extending southwesterly from the
southwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point"B" and running
(a) south 45°51'35" west 20.0 feet
to a point in said southwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) south 45°51'35" west 17.1 feet
to a point within the boundary lines of said lands.
STRIP 5-
A strip of land of the uniform width of 10 feet extending southeasterly from the
southeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point`B" and running
(a) south 45°13'00" east 20.1 feet
to a point in said southeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) south 45'13'00" east 16.5 feet
to a point within the boundary lines of said lands.
3
STRIP 6:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point"C" and running
(a) north 35°48'06" west 20.1 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 35°48'06" west 11.4 feet
to a point within the boundary lines of said lands.
STRIP 7:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point "D" and running
(a) north 68009'24" west 25.0 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 68°09'24" west 9.5 feet
to a point within the boundary lines of said lands.
STRIP 8:
A strip of land of the uniform width of 20 feet extending northeasterly from the
northeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 10 on each side of the line described as follows:
Commencing at said Point "D" and running
(a) north 62°45'37" east 26.4 feet
to a point in said northeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 62°45'37" east 110.3 feet, more or less,
to a point in the northeasterly boundary line of said lands.
4
STRIP 9:
A strip of land of the uniform width of 20 feet extending southeasterly from the
southeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 10 feet on each side of the line described as follows:
Beginning at a point in the southeasterly boundary line of the strip of land
hereinbefore described and designated STRIP 1 and running thence
(1) south 35°30'24" east 20.0 feet
to a point which bears north 32°01'24" east 2782.0 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at page 48, Contra Costa County Records; thence continuing
(2) south 35°30'24" east 77.3 feet, more or less,
to a point in the southeasterly boundary line of said lands, also being the
northwesterly boundary line of the 100 feet Right Of Way of the Atchison Topeka
and Santa Fe Railway Company; the side lines of said strip of land shall be
lengthened or shortened at the southeasterly terminus thereof so as to terminate in
the northwesterly boundary line of said Railway.
STRIP 10:
A strip of land of the uniform width of 14 feet lying contiguous to and easterly of
the following two courses north 22°10'24" west 1226.08 feet and north 1°34'57"
east 80.89 feet as described in said Parcel 1 (17989 O.R. 628) and extending
northerly from a course having a bearing of north 82°34'40" east a distance of
41.36 feet as described in said Parcel 1 to the easterly prolongation of the course
having a bearing of north 84°47'24" west and a distance of 317.36 feet as
described in said Parcel 1.
STRIP 11:
A strip of land of the uniform width of 20 feet extending southerly from the
southwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 to the southerly boundary line of said Parcel I (17989 O.R.
628) and lying 10 feet on each side of the line described as follows:
Beginning at a point in the southwesterly boundary line of STRIP I and
running thence
(1) south 1'21'5 1" west 50.0 feet approximately
to a point which bears north 15°49'40" east 1638.9 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
5
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at page 48, Contra Costa County Records; thence continuing
(2) south 1°21'51" west 116.9 feet, more or less,
to a point in the southerly boundary line of said Parcel 1 (17989 O.R. 628).
The foregoing description is based on a survey made by PG&E in October 1995. The
bearing used in the foregoing description are based on the Record of Survey (Banks Drive) filed
December 30, 1968, in Book 51 of Licensed Surveys' Maps at page 31, Contra Costa County
Records.
6.
POLE LINE TRA 1SWSSION
62-6675(REV.7-93) `
AFTER RECORDING,RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
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 (SPACE ABOVE FOR RECORDER'S USE ONLY)
LD 2402-05-0145 EASEMENT DEED
95101 (dxbt-1)08-96-1
Point Pinole 115 kV tap perfection of rights
COUNTY OF CONTRA COSTA, a public body of the State of California,
hereinafter called Grantor, in consideration of value paid by PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation, hereinafter called PG&E, the receipt whereof is hereby
acknowledged, hereby grants to PG&E the right to erect, construct, reconstruct, replace, remove,
maintain and use a line of poles with such wires and cables as PG&E shall from time to time
suspend therefrom for the transmission and distribution of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors and other appliances and fixtures
for use in connection with said poles, wires and cables, together with a right of way, on, along and
in all of the hereinafter described easement areas lying within Grantor's lands which are situate in
the City of Richmond, County of Contra Costa, State of California, and are described as follows:
(APN 405-042-019)
The parcel of land described and designated Parcel 1 in EXHIBIT A in the
Final Order of Condemnation recorded October 30, 1992 in Book 17989 of
Official Records at Page 628, Contra Costa County Records.
The aforesaid easement areas are described as follows:
P.G.&E.CO.
COPY.
c •�
STRIP 1:
A strip of land of various widths extending northeasterly from the westerly
boundary line of said lands to the northeasterly boundary line of said lands and
being initially of the uniform width of 50 feet lying 25 on each side feet of the line
described as follows:
Beginning at a point in the westerly boundary line of said lands and running
thence
(1) north 50°49'41" east 100 feet approximately
to a point which bears north 7°30'52" west 1571.7 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at Page 48, Contra Costa County Records, thence continuing
(2) north 50°49'41" east 239.4 feet
to a point herein for convenience called Point "A"; thence changing from the
uniform width of 50 feet to the uniform width of 40 feet lying 20 feet on each side
of the of next four courses of said line, and continuing
(3) south 46°48'03" east 165.3 feet
to a point herein for convenience called Point "B"; thence continuing
(4) north 49°47'23" east 1574.3 feet
to a point herein for convenience called Point "C"; thence continuing
(5) north 59°34'25" east 414.9 feet
to a point herein for convenience called Point "D"; thence continuing
(6) south 67°56'07" east 39.9 feet, more or less,
to a point in the northeasterly boundary line of said lands also being the northerly
boundary line of the 100 feet right of way of the Atchison Topeka and Santa Fe
Railway Company; excepting therefrom the portion of land described in the deed
from Pinole Point Steel Company to Pinole Point Properties, Inc. recorded
December 13, 1979 in Book 9662 of Official Records at Page 199, Contra Costa
County Records.
STRIP 2:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point "A" and running
(a) north 47°49'24" west 25.3 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 47°49'24" west 8.4 feet
to a point within the boundary lines of said lands.
2
STRIP 3:
A strip of land of the uniform width of 10 feet extending northeasterly from the
northeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point"A" and running
(a) north 53'09'10" east 20.3 feet
to a point in said northeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 53°09'10" east 13.3 feet
to a point within the boundary lines of said lands.
STRIP 4:
A strip of land of the uniform width of 10 feet extending southwesterly from the
southwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point `B" and running
(a) south 45°51'35" west 20.0 feet
to a point in said southwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) south 45°51'35" west 17.1 feet
to a point within the boundary lines of said lands.
STRIP 5:
A strip of land of the uniform width of 10 feet extending southeasterly from the
southeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point `B" and running
(a) south 45°13'00" east 20.1 feet
to a point in said southeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) south 45'13'00" east 16.5 feet
to a point within the boundary lines of said lands.
3
c .s
STRIP 6:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point "C" and running
(a) north 35°48'06" west 20.1 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 35°48'06" west 11.4 feet
to a point within the boundary lines of said lands.
STRIP 7:
A strip of land of the uniform width of 10 feet extending northwesterly from the
northwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 5 feet on each side of the line described as follows:
Commencing at said Point "D" and running
(a) north 68°09'24" west 25.0 feet
to a point in said northwesterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 68°09'24" west 9.5 feet
to a point within the boundary lines of said lands.
STRIP 8:
A strip of land of the uniform width of 20 feet extending northeasterly from the
northeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 10 on each side of the line described as follows:
Commencing at said Point "D" and running
(a) north 62°45'37" east 26.4 feet
to a point in said northeasterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence running
(1) north 62°45'37" east 110.3 feet, more or less,
to a point in the northeasterly boundary line of said lands.
4
STRIP 9:
A strip of land of the uniform width of 20 feet extending southeasterly from the
southeasterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 and lying 10 feet on each side of the line described as follows:
Beginning at a point in the southeasterly boundary line of the strip of land
hereinbefore described and designated STRIP I and running thence
(1) south 35°30'24" east 20.0 feet
to a point which bears north 32°01'24" east 2782.0 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at page 48, Contra Costa County Records; thence continuing
(2) south 35°30'24" east 77.3 feet, more or less,
to a point in the southeasterly boundary line of said lands, also being the
northwesterly boundary line of the 100 feet Right Of Way of the Atchison Topeka
and Santa Fe Railway Company; the side lines of said strip of land shall be
lengthened or shortened at the southeasterly terminus thereof so as to terminate in
the northwesterly boundary line of said Railway.
STRIP 10:
A strip of land of the uniform width of 14 feet lying contiguous to and easterly of
the following two courses north 22°10'24" west 1226.08 feet and north 1°34'57"
east 80.89 feet as described in said Parcel I (17989 O.R. 628) and extending
northerly from a course having a bearing of north 82°34'40" east a distance of
41.36 feet as described in said Parcel 1 to the easterly prolongation of the course
having a bearing of north 84°47'24" west and a distance of 317.36 feet as
described in said Parcel 1.
STRIP 11:
A strip of land of the uniform width of 20 feet extending southerly from the
southwesterly boundary line of the strip of land hereinbefore described and
designated STRIP 1 to the southerly boundary line of said Parcel 1 (17989 O.R.
628) and lying 10 feet on each side of the line described as follows:
Beginning at a point in the southwesterly boundary line of STRIP 1 and
running thence
(1) south 1'21'51" west 50.0 feet approximately
to a point which bears north 15°49'40" east 1638.9 feet from the found iron pin in
a monument well marking the intersection of Banks Drive and Jenkins Way as
5
�.7
shown on the Parchester Village Unit 1 Subdivision map filed January 24, 1950, in
Book 38 of Maps at page 48, Contra Costa County Records; thence continuing
(2) south 1°21'51" west 116.9 feet, more or less,
to a point in the southerly boundary line of said Parcel 1 (17989 O.R. 628).
The foregoing description is based on a survey made by PG&E in October 1995. The
bearing used in the foregoing description are based on the Record of Survey (Banks Drive) filed
December 30, 1968, in Book 51 of Licensed Surveys' Maps at page 31, Contra Costa County
Records.
Grantor further grants to PG&E:
(a) the right of ingress to and egress from said easement area over and across said lands by
means of roads and lanes thereon, if such there be, otherwise by such route or routes as.shall
occasion the least practicable damage and inconvenience to Grantor, provided, that such right of
ingress and egress shall not extend to any portion of said lands which is isolated from said
easement area by any public road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear away or otherwise
destroy any and all trees and brush now or hereafter on said easement area and to trim and to cut
down and clear away any trees on either side of said easement area which now or hereafter in the
opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger of
falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided, however,
that all trees which PG&E is hereby authorized to cut and remove, if valuable for timber or wood,
shall continue to be the property of Grantor, but all branches, brush, and refuse wood shall be
burned, removed, or chipped and scattered, by PG&E;
(c) the right from time to time to enlarge, improve, reconstruct, relocate and replace any
poles constructed hereunder with any other number or type of poles either in the original location
or at any alternate location or locations within said easement area;
(d) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easement area; and
(e) the right to mark the location of said easement area by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of said easement area.
PG&E hereby covenant and agrees:
(a) not to fence said easement area;
(b)to repair any damage it shall do to Grantor's private roads or lanes on said lands; and
6
(c) to indemnify Grantor against any loss and damage which shall be caused by the
exercise of the rights herein granted, or by any wrongful or negligent act or omission of PG&E or
of its agents or employees in the course of their employment, provided, however, that this
indemnity shall not extend to that portion of such loss or damage that shall have been caused by
Grantor's comparative negligence or willful misconduct.
Grantor reserves the right to use said easement area for purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; 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 within said easement area, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will interfere with the maintenance and
operation of said facilities.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land.
Dated September 17, - , 1996
CONTRA COSTAZCY,
By
Cai , + and of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA)
On September 17, 1996 before me,
pIAND SU
Phil Batchelor, Clerk of the Board of
Supervisors and County Administer, Contra ;� �g��1 D
Costa County, personally appeared 511
Chair, Supervisor Jeff Smith_, who is personally 9
known to me (or proved to me on the basis of satisfactory EXP
evidence) to be the person(s) whose name(s)is/are �'�,.F
A��Eo
subscribed to the within instrument and acknowledged to of C
me that he/she/they executed the same in his/her/their Arsnmved As To Description
authorized capacity(ies), and that by his/her/their signa-
ture(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instru-
ment.
By. >J '
uty Clerk
C •�
DO NOT RECORD THIS PAGE
Diablo Division
G.M. 158576-9 (80011950)
Dwg: 214898, 365713 sheet 2 of 3
T.2N. RAW. ; R.5W. MDB&M
Sec. 25 E 1/2 of NE 1/4, Sec. 30 NW 1/4, NW 1/4
JCN 22-95-100
Prepared: D.B.
8