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HomeMy WebLinkAboutMINUTES - 02231993 - 1.1 (2) TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 23, 1993 SUBJECT: Approve an Easement Agreement with United States of America, Bureau of Reclamation (USBR), Contract No. 3-07-20-1-5898 Project No. 0662-6134103-92 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute an agreement with the United States of America, Bureau of Reclamation (USBR), Contract Easement No. 3-07-20- L5898, for the widening of Willow Pass Road over the Contra Costa Canal, milepost 20.96, in West Pittsburg. II. Financial Impact: There will be no cost to the County General Fund. III. Reasons for Recommendations and Background: On July 28, 1992, the Board approved the Easement Agreement No. 1-07-20-1-5548 for construction of the Willow Pass Road bridge over the Contra Costa Canal. This easement agreement is for a temporary easement to construct a new patrol road along the canal and a new trash rack inside the canal. The work will be administered by Caltrans as part of the State Route 4/Willow Pass Grade Widening and Lowering Project. The contractor is currently working in the area, and will begin this work once the easement is approved and a permit issued. IV. Consequences of Negative Action: Without this easement agreement, the Contra Costa Water District ill not issue a permit to the contractor to execute the above mentioned work. Q Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON FEB 2 3 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS V UNANIMOUS (ABSENT I ) AYES: NOES: ABSENT: ABSTAIN: RVF:pe I hereby certify Mat this Is a true and correct copy �+ an action taken and enteied on the minutes of the c:USBR Ease.60 Hoard of Supervisors on the date shown. ATTESTED: FEB 2 3 1993 Orig. Div: Public Works (Transporation Eng.) PHIL BATCHELOR,clerk of the Board Contact: Bob Faranoe, 313-2252 of Supervisors and Co ty Administrator cc: M. Shiu, Deputy PW Director ' P. Kokkas, CCWD By ,tiaeputy P. Maxwell, CCTA _ VP UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION EASEMENT TO CONTRA COSTA COUNTY WILIAW PASS ROAD WIDENING CONTRA COSTA CANAL MILEPOST 20.96 Contract No. 3-07-20-L5898 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 it's 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 as a feature of the Central Valley Project; and The Contra Costa Water District (District) is operating the Contra Costa 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 portion of Willow Pass Road crossing Contra Costa Canal at Milepost 20.96; 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 In consideration 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 a portion of Willow Pass Road as 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. The County has paid to the District, a one time lump sum, operation and maintenance fee, of $45,000 to cover O&M over and. above the normal O&M under contract 1-07-20-L5548 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 on file at the Bureau of Reclamation's Tracy Office. Any damage as a result of Construction will be guaranteed for a period of one year by the County, based on its final inspection at the time of completion of construction. 3. If during the construction authorized by this easement, a situation develops which, in the opinion of the County 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 it's 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. 5. 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 43CFR429.6(C) (3) for a perpetual easement for widening a portion of Willow Pass Road. 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. 2 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 rights and privileges granted in this easement shall benefit and be binding upon the successors and assigns of the County. 10. 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. 11. 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. 12. 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. 3 TIE UNITED STATES OF AMERICA By Assistant Regional Supervisor of Water and Power Resources Management ACCEPTED: Mid-Pacific Region Bureau of Reclamation County of Contra Costa By ' C.% Noted: Chairman of the Bo rd of Supervisors Contra Costa Water District ATTEST: By PHIL BACHELOR, Clerk of the Board Ronald E. Butler of Supervisors and County President, Board of Directors Administrator ATTEST: By 0-1. J" Deputy By Janice B. Booker, Secretary Board of Directors APPROVED AS TO FORM: VICTOR J. WEST14M, COUNSEL APPROVED �S TO`'F'OR14:. By ! District Counsel By - Deputy ounty ounsel 4 I EXHIBIT "A" All that real property situate in the County of Contra Costa, State of California described as being a portion of the northeast quarter of the northwest quarter of Section 15, T.2N. ,R.1W. , Mount Diablo Meridian and more particularly described as follows: Commencing at the north quarter corner of said Section 15, said point being marked by a brass disk monument in a standard Contra Costa County monument well in the intersection of Willow Pass Road and Port Chicago Highway; thence South A 47° 13' 24" West 664.98 feet to the northerly line of Parcel Two described in the Grant Deed to the United States of America dated December 27, 1938 and recorded January 17, 1939 (as File No. 789) in Book 492 at page 93 of the J Official Records of said county and to the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said northerly line South 840 10' 49" East (Rec. 5.85003'E. ) 96.92 feet to the westerly right-of-way of Willow Pass Road as said existed December, 1990; (The bearing South 840 10' 49" East used for the purpose W of this description) thence along said right-of-way South 390 29' 11" West 173.00 c feet to the southerly line of said United States of America Parcel Two (492 O.R. 93) ; thence along said southerly line South 890 05' 11" West (Rec. -88013'W. a 307.90 feet and North 87° 04' 49" West (Rec. N.87°57'W. ) 81.72 feet to a point on said southerly line lying 95.00 feet westerly of (measured on a radial) the � . "WP" line as said line is shown on those plans known as "Project Plans for Construction on State Highway in Contra Costa County near Concord and Pittsburg from Willow Pass Road undercrossing to Bailey Road undercrossing" under contract numbered 04-1200294; thence along a line parallel with and 95.00 feet westerly of said "WP" line the following courses: Along the arc of a curve, concave southeasterly, having a radial bearing at its beginning of North 190 09' 49" West, a radius of 1225.00 feet, a central angle of 10 44' 37", an arc length of 37.28 feet; thence North 72° 34' 48" East 239.95 feet; thence along the arc of a tangent curve, concave to the northwest, having a radius of 705.00 feet, a central angle of 120 19' 31", an arc length of 151.66 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM all that portion of the land described in the Quitclaim Deed from the United States of America to the County of Contra Costa dated April 23, 1975. Containing an area of 33,032 square feet of land, more or less, after said exception. Bearings and distances are based on the California Coordinate System Zone III (C.C.S.83).