HomeMy WebLinkAboutMINUTES - 02282012 - C.06RECOMMENDATION(S):
The Board of Supervisors, as the Governing Board of the Contra Costa County Flood
Control and Water Conservation District (FC District):
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of
Easement for the conveyance of a storm drain easement to the City of Pinole (Pinole) and
execute a Quitclaim Deed to Pinole for the relinquishment of FC District’s existing
easement rights pursuant to Government Code Section 25526.5; and
ACCEPT the Grants of Ingress and Egress Easements from Pinole and The Kivelstadt
Group (TKG); and
ADOPT Pinole’s previously adopted Mitigated Negative Declaration for the Pinole Valley
Shopping Center Project (Project) to address necessary land transactions in compliance with
the California Environmental Quality Act (the custodian of which is the Department of
Conservation and Development located at 30 Muir Road, Martinez); and
DIRECT the Director of the Department of Conservation and Development to file a Notice
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/28/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: David Kramer,
925-313-2227
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 28, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: Real Property Division, Maureen Flores
C. 6
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:February 28, 2012
Contra
Costa
County
Subject:APPROVE and AUTHORIZE the Chair, Board of Supervisors, execute a Grant of Easement and Quitclaim
Deed with the City of Pinole, Pinole area.7532-6D8344
of Determination; and
DIRECT the Public Works Director,
RECOMMENDATION(S): (CONT'D)
or designee, to arrange for payment of a $25 fee to the Department of Conservation and
Development for processing, and a $50 fee to the County Clerk for filing the Notice of
Determination; and
DETERMINE that the conveyance of said easement is in the public interest and will not
substantially conflict or interfere with the FC District’s use of the property.
DIRECT the Real Property Division of the Public Works Department to cause said
Grants of Easements and Quitclaim Deed to be delivered to Pinole for acceptance and
recording in the office of the County Recorder.
DIRECT the Real Property Division of the Public Works Department to have the Grants
of Ingress and Egress Easements from Pinole and TKG recorded in the office of the
County Recorder.
FISCAL IMPACT:
This project is funded 100% by Flood Control Zone 9 funds (fund 253200).
BACKGROUND:
The City of Pinole Redevelopment Agency, in a partnership with TKG, has developed
Assessors Parcels Numbers 401-310-005, 401-310-003, 401-310-017, 401-310-018 and
401-310-019 (Property) into a commercial shopping center with frontage along Pinole
Valley Road. In February of 2011, The City of Pinole Redevelopment Agency transferred
all of its interest in the Property to Pinole. The FC District has an Easement over the
Property that does not provide adequate access to Pinole Creek from Pinole Valley road.
Pinole requires a storm drain easement from the District to allow adequate drainage for
the Property.
The FC District has agreed to quitclaim its current easement rights over the Property and
grant the storm drain easement to Pinole in exchange for Ingress and Egress Easements
from Pinole and TKG that would give the FC District adequate access to Pinole Creek
from Pinole Valley Road as well as from Pinole owned Assessor’s Parcel Number
430-461-025 located on the north side of Pinole Creek along Sarah Court.
CONSEQUENCE OF NEGATIVE ACTION:
The FC District will not have adequate access to Pinole Creek over the Property and
Pinole will not have adequate easement rights for drainage of the Property.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
Executed Access Easement - Pinole
Executed Access Easement - Sarah Court
Quitclaim
CEQA
Executed Access Easement - TKG
Executed SD Easement
Recorded at the request of:
Contra Costa County Flood
Control &Water Conservation
District
After recording return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez,CA 94553
Attention:D.Kramer
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 FLOOD CONTROL AND WATER CONSERVATION DISTRICT,a political subdivision
of the State of California,(hereinafter “DISTRICT”),hereby grants to THE CITY OF PINOLE,
a municipal corporation (hereinafter “GRANTEE”),a nonexciusive right to a perpetual
easement and right of way for installing,constructing,reconstructing,removing,replacing,
repairing,upgrading,maintaining,operating and using a 24 inch storm drain pipe and
appurtenances thereto,and for no other purposes whatsoever,along and in all of the
hereinafter described parcel of land situated in the County of Contra Costa,State of
California,described as follows:
FOR DESCRIPTION AND PLAT MAP,SEE ATTACHED EXHIBITS “A’AND “B”
The easement herein granted runs over the real property in the County of Contra Costa,
State of California described on Exhibit “C”attached hereto and made a part hereof
The foregoing grant is made subject to the following terms and conditions:
1.PRIMARY USE OF THE PROPERTY The primary use of the Property subject to
this easement (hereinafter the “Property”)is for flood Control purposes,including,
but not limited to,the right by the District or Contra Costa County to enter onto the
property to perform maintenance or improvement of the Property and the flood
control facilities located on or adjacent to the Property,to conduct studies,and to
allow authorized representatives,entities and others to perform activities sanctioned
by the District or Contra Costa County.GRANTEE acknowledges and agrees that the
use just described constitutes the primary use of the Property and that any and all
rights granted or implied by this Grant of Easement are secondary and subordinate
to the primary use of the Property by the DISTRICT,its successors and assigns.
GRANTEE shall not,at any time,use or permit the public to use the easement area
in any manner that will interfere with or impair the DISTRICT’s primary use of the
Property.GRANTEE shall not fence said easement without the prior written approval
of the DISTRICT,and shall remove any fencing when requested by DISTRICT to do
so.GRANTEE shall not otherwise obstruct the easement area.
365i39/449544v4 I
2.DISTRICT TITLE GRANTEE hereby acknowledges DISTRICT’s title to the Property
and agrees never to assail or resist said title.
3.CONSTRUCTION AND MAINTENANCE ACTIVITIES:(a)GRANTEE shall,prior to
any construction,reconstruction,remodeling,excavation,installation or plantings
within the easement area,submit specific plans and specifications to the DISTRICT
for review and approval.Such approval,together with any additional requirements
to be in the form of a written permit issued by DISTRICT to GRANTEE,which
approval shall not be unreasonably delayed or withheld.
(b)Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and deaning of existing pipelines,shall not require prior notice
to the DISTRICT.GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4.DAMAGE TO DISTRICT PROPERTY:Any and all DISTRICT Property,facilities,
landscaping or other improvements,removed or damaged as a result of the use of
the easement area by GRANTEE,or any other person or entity acting under
GRANTEE’S direction or control,shall,at DISTRICT’s discretion and direction,be
repaired or replaced by DISTRICT,with all reasonable costs and expenses to be paid
by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses)or shall be repaired or replaced by GRANTEE,at the
sole cost and expense of GRANTEE,equivalent to or better than their existing
condition.In the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by DISTRICT,or such reasonable extension
as DISTRICT may agree to in writing,or fails to complete the required work within a
reasonable time thereafter,DISTRICT may perform or complete the work at the
expense of GRANTEE,which expense GRANTEE agrees to pay to DISTRICT promptly
upon demand,including but not limited to engineering costs and any legal expenses
incurred to collect such costs.
5.DAMAGE TO GRANTEE’S FACILITIES:Except as provided in Paragraph 7 below,
DISTRICT shall have no responsibility for the protection,maintenance,or damage to
GRANTEE’s facilities,appurtenances or improvements caused by or resulting from
DISTRICT’s use of the Property or work or operation thereon.It shall be the sole
responsibility of GRANTEE to provide and maintain adequate protection and surface
markings for its own facilities.
6.NON-EXCLUSIVE EASEMENT:The easement granted hereunder is non-exclusive.
This easement is subject and subordinate to all existing rights,rights of way,
licenses,reservations,franchises and easements of record,or that would be evident
from a physical inspection or accurate survey of the Property,in and to the Property.
If GRANTEE damages the facilities or improvements of any existing user,GRANTEE
shall repair or replace such facilities at GRANTEE’S sole cost and expense.Nothing
contained herein shall be construed to prevent DISTRICT from granting other
easements,franchises,licenses or rights of way over said lands,provided however,
3651 391449544v4 2
that said subsequent uses do not unreasonably prevent or obstruct GRANTEE’S
easement rights hereunder.DISTRICT shall promptly notify GRANTEE in writing of
any such subsequent grants.
7.INDEMNIFICATION:GRANTEE agrees to indemnity,defend and hold harmless
DISTRICT for the GRANTEETs share of liability,as determined by a court of law,for
any damage,injury or death of or to any person or the property of any person,
including attorneys and expert fees,arising out of the willful misconduct or the
negligent acts,errors or omissions of GRANTEE,its officers,employees,agents and
volunteers,in its exercise of this easement or use of the Property.
DISTRICT agrees to indemnify,defend and hold harmless GRANTEE for DISTRICT’s
share of liability,as determined by a court of law,for any damage,injury or death of
or to any person or the property of any person,including attorneys and expert fees,
arising out of the willful misconduct or the negligent acts,errors or omissions of
DISTRICT,its officers,employees,and agents,in the exercise of this License or use
of the Property.
8.NO WARRANTIES:GRANTEE understands and acknowledges that DISTRICT
makes no representations,warranties or guarantees of any kind or character,
express or implied,with respect to the Property,and GRANTEE is entering into this
transaction without relying in any manner on any such representation or warranty by
DISTRICT.
9.ABANDONMENT:In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year,or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in DISTRICT or its successors.Upon any such
termination of GRANTEE’s rights,GRANTEE shall,upon request by DISTRICT,and at
GRANTEE’S sole cost and expense,remove all of its facilities from the easement area
and restore said Property to its original condition.Upon the failure of GRANTEE to
do so,this 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.
10.NO ASSIGNMENT OF EASEMENT:Subject to Paragraph 14 below,no rights
granted hereunder shall be transferred,apportioned or assigned without the prior
written consent of DISTRICT.
11.NO SECONDARY RIGHTS: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.
3651 391449544v4
12.ENTIRE AGREEMENT:This grant of easement contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an
instrument in writing executed by the parties or their respective successors in
interest.
13.CONSTRUCTION:This grant of easement shall not be construed as if it had been
prepared by one of the parties,but rather as if both parties have prepared it.The
parties to this grant of easement and their counsel have read and reviewed this
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this grant of easement.
14.SUCCESSORS AND ASSIGNS:This indenture and all of the covenants herein
contained shall run with the land and 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
___________________
2012.
DISTRICT:GRANTEE:
CONTRA COSTA COUNTY FLOOD CiTY OF PINOLE,
CONTROL AND WATER CONSERVATION a municipal corporation
DISTRICT,
a political subdivision of the State of
California
By:
_________________________
By:/%tf’6.
Name:
_______________________
Belinda B.Espinosa
Its:Chair,Board of Supervisors Its:City Manager
ATTEST:
Patricia Athenodi,MMC,City Clerk
REVIEWED AS TO FORM:
36Si3)f449544v4 4
STATE OF CALIFORNIA
)ss.
COUNTY OF CONTRA COSTA
On
__________________
before me,Clerk of the Board of Supervisors,Contra Costa County,personally
appeared —.
,who 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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
Deputy Clerk
STATE OF CALIFORNIA
COUNTY OF
ss
On \befor me,,a Notary Public,
personally appeared ho proved to me on the basis of
satisfactory evidence to be the person(s)whose nane(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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.RMORALE
IZ\Commission #1879418
Notary Public California z
Contra Costa County —
1.My Comm.Expires Mar 5,2O14
NotaryPiJblic
DK:mf
G:\realprop\Board Orders\2012\BO 2-28-2012\City of Pinole -David\EA.17 Pinole Redevelopment Agency.doc
365139/449544v4 5
—
ROBERT A KAF?N &ASSOCIATES.INC
v7LENe,.NRs 707 sck 54535 Phons:(707J 435-9999 Fax:(107)4359988
Project No.A06053
September 15,2010
Revised 10/20/li
EXRIRIT A
LEGAL DESCRIPTION
A IS’WIDE PRWATE STORM DRAIN EASEMENT OVER A PORTION OF APARCELDESCRIBEDINmATCERTAINDEEDTOCONTRACOSTACOUNTYFLOODCON’UiOL AND WATER CONSERVATION DISTRICT,
RECORDED iN TUE OFFICE OF TIlE CONTRA COSTA COUNTY
RECORDERJEBURARY 24,19511 IN LIRER 3125 AT PAGE 33O OF OEFTCfAL
RECORDS,LOCATEI)IN THE CiTY OF PINOLE,CONTRA COSTA COUNTY,
STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBEI)AS
FOLLOWS:
P4REE 5126
BEGINNThTG at a point on the Northwest line of Parcel 1 as said parcel is shown in that
“Certificate of Compliance for Lot Line Adjustment”recorded in the office ofihe Contra
Costa County Recorder April 9,201 0 Document 2010-0070986 of Ofticial Records,saidpointbeingNorth5253’08”East.18.68 feet from the Northwest corner thereof thence
fiim said Point of Beginning southwestcriy along said Northwest line South 52’53’0W’
West,15.13 feet to a point;thence leaving said Northwest line North 44°41 ‘04”West,
7.05 feet to a point on the Southeast line ofParccl One as said parcel is shown in that
‘4flccd”recorded in the offIce of the Contra Costa County Recorder January 19,1956,Liber 2692 at Page 53 of Official Records;thence northeasterly along said Southeast line
North 65°13’OO”East,15,95 feet to a point;thence leaving said Southeast line South
44°41 ‘04”East,3.61 feet to the POINT OF BEGTNNJNO,containing 79.91 square feet,
more or less.
A plat (Exhibit B>showing the above described casement is attached hereto and made a
part hereof.
3651 39/449544v6
CIVIL NC?NEERS
N
ROBERT A.KARN
&ASSOC/A TES,INC.
EXHIBIT 8.
PLAT TO ACCOMPANY THE DESCRIP11ON OF PARCEL 5126 BEING
A 15’WiDE PRIVATE STORM DRAIN EASEMENT OVER A PORTION
OF THAT PARCEL PER LIBER 3125,PAGE 330.
CONTRA COSTA COUNTY RECORDS
PNOLE,CONTRA COSTA COUNTY,CALIFORNIA
SCALE:1”=2O SEPTEMBER 15,2010
REVISED 10/20/11 SHEET 1 OF 1
CGCFC&WCO ORAN&NO,FA 2GO44
7f32 DCC<A?,tW’
P,4IRflCW.CIC NA 94ii!(7o7 4J5—9999 (Y7)435—988
e—m&I roktngc,i
j CRAP CA1R
POINT OF BEGINNIN(
PARCEL 6126
S 4c41’04”E,3.61’
N 6513’OO E,15.95’
4441’04 W,7.
N 52’53O8”E,18.68’
PARCEL 1
CERTIFICATE OF COMPUANCE
FOR LOT LiNE ADJUSTMENT
DOC.NO,2010—70968
CONTRA COSTA COUNTY
RECORDS
365 I39/49544v6
EXHIBIT C
Legal Description of Burdened Property
The real property situated partly in the City of Pinole and partly in the County of Contra Costa,
State of California,described in the Deed from East Bay Municipal Utility District to Contra Costa
County Flood Control and Water Conservation District dated December 20,1957,and recorded
in the Official Records of Contra Costa County on February 24,1958,in book 3125 at Page 330
as Instrument No.10407.
3651 39/449544v4