HomeMy WebLinkAboutMINUTES - 12131994 - 1.1 p
TO: . BOARD OF SUPERVISORS
FROM: , J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 13, 1994
SUBJECT: STATE HIGHWAY 4/13AILEY ROAD INTERCHANGE
Project No.: 4660-6X4158 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract from East Bay Municipal Utility District as payment for
the property rights conveyed in the Grant of Easement to the U.S.A.; and an Easement
Agreement to the State of California.
B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the
County.
C. APPROVE payment of$99,700 plus interest from the date of possession as stated in the
Right of Way Contract paragraph 8, for said property rights and AUTHORIZE the Auditor-
Controller to issue a
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON V94 APPROVED AS RECOMMENDED X OTHER_
VOTE OF SUPERVISORS
_ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
KAM:gIo
g:\realprop\temp\B0213.tl 2
Orig. Div: Public Works(R/P)
Contact: Karen McNamer(313-2228)
cc: County Administrator Iherebycertifythatthisisatrue and correctcopyof
Auditor-Controller(via R/P) an action taken and entered on the minutes of the
P.W.Accounting Board of Su ra on the date shown.
Recorder(via R/P) ATTESTED:
PHIL BATCHELOR"'CIWI the Board
of Supervisors and pounty Administrator
BY,_.�. A .....Deputy
J* \
a
I I
State Hwy 4/Bailey Road Interchange
December 13, 1994
Page Two
check in said amount payable to Old Republic Title Company, 3685 Mt. Diablo Blvd, Suite 110,
Lafayette, CA., 94549, Escrow No. 153540 to be forwarded to the Real Property Division for
delivery.
II. Financial Impact:
Payment of$99,700 plus interest from State Highway 4/Bailey Road Interchange funds which are
100% reimbursable from Contra Costa Transportation Authority, Measure C.
III. Reasons for Recommendations and Background:
These property rights are required for the State Highway 4/13ailey Road Interchange project in
accordance with the approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
y
Recording Requested By:
Contra Costa County
o V
When Recorded Return to: ( O
Contra Costa County v
Public Works Department
255 Glacier Dr.
Martinez, CA 94553
Attn: Karen A. McNamer
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N. 095-170-005
Title Company Order No. 153590-MA
District County Route Post Mile Number
4 CC 4 192 to 21.1 52207-2
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this /D&i day of19_1�(by
and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized
and existing under the laws of the State of California hereinafter called Grantor, and THE
UNITED STATES OF AMERICA, Department of Energy, Western Area Power Administra-
tion, represented by the officer executing this agreement pursuant to the Reclamation Act,
Act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof and supplementary
thereto, and the Department of Energy amendatory thereof and supplementary thereto,
and the Department of Energy Organization Act, Act of August 4, 1977, 91 Stat. 565
hereinafter called Grantee,
WITNESSETH:
THAT the Grantor,for value received and the faithful performance and observance
by Grantee of all of the covenants and agreements herein contained, does hereby grant,
subject to all of the terms and conditions hereof, to Grantee an easement for the
construction, reconstruction, maintenance, removal and use of the Tracy-Contra Costa- .
Ygnacio 69KV transmission line. Together with the necessary appurtenances thereto, all
hereinafter referred to as"the structure",within the boundaries of that certain real property
described in Exhibit "A" attached hereto and made a part hereof.
The easement above mentioned is granted by Grantor and accepted by Grantee
upon the following terms and conditions, and Grantee does hereby covenant with Grantor
as follows:
1. Grantee hereby acknowledges the title of Grantor in and to the real property
above described and agrees never to assail or to resist the quality of said title.
2. The construction, reconstruction, maintenance, removal and use of and all
work upon or in connection with the structure shall at no time and in no way whatever
interfere with the operations of Grantor; the location of the structure, the construction,
reconstruction, maintenance and removal thereof and all work in connection therewith
shall be monitored by and accomplished to the reasonable satisfaction of Grantor, and
the construction,reconstruction,maintenance,removal and use of the aqueduct,pipelines
and other facilities or improvements of Grantor, present or future, upon said real property
shall at all times be paramount to any rights of the Grantee under this indenture.
3. Grantee agrees to install three phases and an overhead ground wire so that
they maintain a minimum clearance of 30-feet from ground level. Grantee shall not
construct any towers, structure, tower,footings or auy anchors on the Mokelumne
Aqueduct right of way.
4. Upon completion of any of its works hereunder, Grantee shall promptly
restore as near as possible the surface of the ground to the condition in which it was
prior to the commencement of said work and leave said real property in a clean and
presentable condition, free from waste.
5. Grantee agrees to indemnify, defend and hold harmless Grantor, its
directors, officers, and employees from and against any and all loss, liability, expense,
claims, costs, suits, and damages arising out of the negligent or wrongful act or omission
of the Grantee in its operation or performance under this agreement in accordance with
the Federal Tort Claims Act, as amended.
6. Grantee shall be responsible for and shall reimburse Grantor for any
damage or loss to Grantor's present and future pipelines and appurtenances thereto,and
any loss of or injury to livestock directly contributed to or caused by Grantee's operation
or performance under this agreement, including, but not limited to, any damage or loss
due to corrosion of Grantor's aqueducts or pipelines, present or future, caused by
electrical currents flowing between the structure and the aqueducts or pipelines of
Grantor or in the aqueducts or pipelines of Grantor caused by induction and/or because
of the presence of the structure; and Grantee shall not make any physical connection or
bonding whatsoever between said aqueducts or pipelines of Grantor and the structure
without first having obtained the written permission of Grantor so to do.
7. Except in case of ordinary maintenance and emergency repairs, Grantee
shall give to Grantor at least ten (10) days notice in writing before entering upon the real
property hereinabove describe for the purpose of constructing, reconstructing, repairing
or removing the structure or performing any work on or in connection with the structure
or the operation thereof.
8. All rights herein granted to Grantee are subject to all existing rights, rights
of way, reservations and easements by whomsoever held in and to said real property.
9. If Grantee shall fail to construct the structure and place it in operation within
a period of two years after the date hereof, or shall at any time abandon the structure or
any portion thereof, or fail to use the structure for the purposes for which this easement
is granted, then all rights of Grantee in and to said real property or such portions thereof
so abandoned or not so used shall thereupon cease and terminate and title thereto shall
be quitclaimed to Grantor by the Grantee.
hereWdeF, GFaRtee shall at ' erete sha#--be
Grantee. Upon any termination of the rights of Grantee
hereunder, Grantee shall at Grantee's expense, promptly upon request by Grantor so to
do, remove the structure from said real property and restore said real property to its
original condition.
10. All obligations of the Grantee hereunder are subject to the availability of
appropriate funds.
11. The provisions hereof shall insure to the benefit of and be binding upon the
heirs,executors,personal representatives,administrators,successors,and assigns of the
GRANTOR, and the assigns and licensees of the GRANTEE.
12. No member of or delegate to Congress or resident commissioner shall be
admitted to any share or part of this contract or to any benefits that may arise herefrom;
but this restriction shall not be construed to extend to this agreement if made with a
corporation or company for its general benefit.
IN WITNESS WHEREOF, the parties hereto have executed this indenture, in
duplicate, the day and year first above written.
GRANTOR: GRANTEE:
EAST BAY MUNICIPAL UTILITY DISTRICT THE UNITED STATES OF AMERICA
L,1
By,
By: G/ _
Stephen J. Boeri it 'or, Division of Land
Manage f Real Estate ervices Margaret S. Tenk
By
nll M. Lew'
Interim Secretary of the District
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May 20,1993
ACKNOWLEDGMENT
STATE OF COLORADO )
COUNTY OF JEFFERSON)
On this � day of ✓az 1993, before me, Steven W. Webber,
a Notary Public, personal y appeared Margaret S. Tenk, known to me to be the
Acting Director, Division of Land, Western Area Power Administration, United
States Department of Energy, and known to me to be the person who executed the
within instrument on behalf of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal .
Nb y Public
(SEAL) My commission expires
EXHIBIT A 04-CC-4-20.7 (52207-2),
All that real property situated in the City of Pittsburg, County of
Contra Costa, State of California, being a portion of the Southwest
Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo
Base and Meridian more particularly described as follows:
Commencing at the West Quarter corner of said Section 13; thence S.
0* 231 19" W. a distance of 194.93 feet along the west line of
Section 13 to the intersection with the existing south Route 4
right of way as shown on Monumentation Map SM 20, Dr. No. S-212.3,
Contra Costa County, Route 4, post mile 20.5, said point lies N. 00
231 19" E. a distance of 2,449.72 feet from the southwest corner of
said Section 13; thence along said existing south right of way S.
88* 561 19" E. a distance of 388.66 feet; thence S. 89* 221 41" E.
a distance of 672.24 feet; thence 64.20 feet along the arc of a
tangent curve concave to the north, having a radius of 5,082.69
feet and a central angle of 00 431 25" to a point on the
southwesterly line of that parcel of land deeded to East Bay
Municipal Utility District (E.B.M.U.D. ) in Book 26, at Page 23, of
Official Records; thence S. 720 171 04" E. departing from said
southerly right of way, a distance of 257.87 feet along said
E.B.M.U.D. Parcel to the TRUE POINT OF BEGINNING of the herein
described power line easement; thence continuing S. 72* 171 04" E. ,
a distance of 124. 59 feet; thence leaving said southwesterly line
234.28 feet along the arc of a nontangent curve concaved northerly
having a radial bearing of S. 6* 281 21" E., a radius of 6,218.00
feet and a central angle of 20 091 3111 to a point on the
northeasterly line of said E.B.M.U.D. Parcel; thence N. 72* 171 04"
W. a distance of 114.59 feet along said northeasterly line, to the
intersection with the proposed southerly right of way of State
Route 4; thence along said proposed right of way a distance of
119.02 feet along the arc of a nontangent curve concave northerly
having radial bearing of S. 7* 401 39" E. , a radius of 6, 168.00
feet, and a central angle of 1* 061 2011 to a point which lies on
the centerline of said East Bay Municipal Utility District Parcel
which lies N. 720 171 04" W. a distance of 123.95 feet from
E.B.M.U.D. brass cap monument at station 3672+87.15; thence
continuing 124.34 feet along the arc of a tangent curve concaved to
the north, having a radius of 6, 168.00 feet and a central angle of
16 09 ' 18" to a point in the southwesterly line of said E.B.M.U.D.
Parcel and the TRUE POINT OF BEGINNING.
Containing a grid area of 11,936 square feet of land more or less.
EXHIBIT "A" (CONTINUED)
Bearings and distances are based on the California Coordinate
System Zone III (C.C.S. 83), all distances referenced herein are
grid. Multiply distances shown by 1.0000609 to obtain ground level
distances. Multiply grid area by 1.0001218 to obtain ground area.
L ANll`rG
DOUGLAS J. �G
JOHNSON t�
cc 0
P.
No.6360
OF
C ALjF���
,_yREV
R-M�
7
STATE OF CALIFORNIA
SS.
COUNTY OF ALAMEDA
On this 10th day of November , 19 94 ,before me, Marie C. Plumb , Notary Public in and
for said County and State, duly commissioned and sworn, personally appeared Stephen J. Boer'
known to me to be the Manager of l�eal Estate Services ,and Lyne 11e M. Lewis
known to me to be the Tn'tpri m 'C'1=@tom of the East Bay Municipal Utility Districts personally
known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)W
are subscribed to the within instrument and acknowledged to me that lie/sire/they executed the same in 6s/her/
their authorized capacity(ies),and that by#is/leer/their signature(s)on the instrument the person(s)of the entity
upon behalf of which the persons acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,at my office in the County
and State aforesaid, the day and year in this certificate first above written.
MARIE C.PLUMB NOTARY PUBLIC in and for- said County of
a � . COMM.#1019390
Z '- `� Notary Punic—Col ornia Alameda State of California
•. r+LAMIIcDA COUNTY
My Comm.Expiros MAY 23.199&
OPTIONAL ..
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Grant of Easement
Titles Title or 7)'pe of Docmnew
❑ Partners { ❑ Limited
❑ General
7
❑ Attorney-in-fact
Number u/'Pe{,e.c
❑ Trustee(s)
❑ Guardian/Conservator
n Other PUBLIC CORPORATION Nov. 10, 1994
Dale oJ'Doc'uniew
Signer IS representinb:Name o/'Person(s)or EnIiii-Nes)
EAST BAY MUNICIPAL UTILITY DISTRICT
One (1)
B-ozo.s•vea Signer(s)Other than Named Above
t Easement Agreement
04-CC-4-20.8
Parce152207-1
E.A. 228019
THIS AGREEMENT, made the 1046 day of Zov� , 1994, by and between
EAST BAY MUNICIPAL UTILITY DISTRICT, a Public Corporation, hereinafter called
"District" and/or "Grantor"', and the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, hereinafter called "State".
WITNESSETH:
THAT WHEREAS, District is the owner In fee of a 100-foot strip of land as
described in deed to District from Margaret Baeta, et vir, dated December 23, 1925, and
recorded December 30, 1925, in Volume 26 of Official Records, page 23, Contra Costa .
County Records, subject to the rights regranted to said Margaret Basta, et vir, by
instrument dated December 23, 1925, and recorded December 30, 1925, said Volume
26 of Official Records, page 23, and
WHEREAS, State is constructing a State Highway on Road 04-CC-4, which will
cross said 100-foot strip of land.
NOW, THEREFORE, IT IS AGREED:
1. District hereby conveys to State an easement for State Highway purposes
upon, over and across that certain real property in the County of Contra Costa, State of
California, described as:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF
2. It is understood by both parties hereto that District retains the right.to enter
upon the state highway right of way at, all times to construct, repair, replace, renew,
remove, operate, maintain, use, change the size of and perform any and all work upon
or in connection with its existing pipe line and additional pipe lines, electric transmission
lines and telephone lines to be constructed in the future and their appurtenant structures
and equipment, present and future; provided, however, that in performing said work,
District shall restore said highway to the condition in which it was prior to the
commencement of said work and shall also take appropriate measures during the
performance of said work to warn and protect the traveling public; although in case
emergency work must be performed on District's facilities within said right of way, District
shall have the right to immediately enter thereon to perform said emergency.work, but
shall give reasonable notice of said entry to State and shall take appropriate measures
commencing and during said emergency work to warn and protect the traveling public.
1
3. State shall pay for the cost of any additional work made necessary upon or
• in connection with said pipe line, aqueduct lines, or roadways, present or future, or said
contemplated electrical transmission lines or their present or future adjuncts or
appurtenances by reason of the construction, repair, replacement, operation or
maintenance of said highway upon said real property; all such work shall be performed
by District and upon the completion thereof District shall promptly be reimbursed by State
for the cost thereof. Said additional work shall include the installation of any future
aqueducts by the bore and jacking or tunneling method, in lieu of open cut construction,
and the additional cost differential thereof shall be borne by State.
4. In the event that State shall install additional paving or widen the traveled
portions of said highway, State shall at its expense extend the reinforced concrete jacket
around District's existing pipe lines so as to adequately protect same.
5. In the construction, reconstruction or repair of its highway, State shall not
damage or destroy the pipe lines, electrical transmission lines and telephone lines,
present or future, of District or their present or future appurtenances.
6. State expressly agrees to indemnify, defend and hold harmless District, its
directors, officers and employees from and against any and all loss, liability, expense,
claims, costs, suits, and damages, including attorney's fees, arising out of the State's
operation or performance under this easement agreement.
7. The date of possession by Grantee of the herein described property was
May 19, 1993.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto.
GRANTEE: GRANTOR:
State of California East Bay Municipal Utility District
Department of Transportation
By: By.
R.A. Macpherson, Chief Stephen J. Boeri
Condemnation & Local Public Manager of Real Estate Services
Agency Services
Lynelle M. Lew s.
Interim Secretary of the District
KAM:&
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2
EXHIBIT A 04-CC-4-261.7 (52207-1)
All that real property situated in the City of Pittsburg, County of Contra Costa,.
State of California, being a portion of the Southwest Quarter of Section 13,
Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly
described' as follows:
Commencing at the West Quarter corner of said Section 13; thence S. 0 23' 19"
W. a distance of 194.93 feet along the west line of Section 13 to the
intersection with the existing south Route 4 right of way as shown on
Monumentation Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post
mile 20.5; said point lies N. 0 23' 19" E. a distance of 2,449.72 feet from the
southwest corner of said Section 13; thence along said existing south right of
way S. 88 56' 19" E., a distance of 388.66 feet; thence S. 89 22' 41" E. , a .
distance of 672.24 feet; thence 64.20 feet along the arc of a tangent curve
concave to the north, having a radius of 5082.69 feet and a central angle of 0
43' 25" to the TRUE POINT OF BEGINNING for the herein described real property and
being a point on the southwesterly line of that parcel of land deeded to East- Bay
Municipal Utility District in Book 26, at Page 23, of Official Records; thence
along said existing right of way a distance of 299.52 feet, along the arc of a
tangent curve concave to the north having a radius of 5,082.69 feet and a central
angle of 3 22' 35" to a point in the northeasterly line of said East Bay
Municipal Utility District (E.B.M.U.D.) Parcel; thence leaving said right of way
S. 72 17.' 04" E. along said E.B.M.U.D. northeasterly line, a distance of 197.42
feet to the. intersection with the proposed southerly right of way of State Route
4; thence in a southwesterly direction, along said proposed right of way, a
distance of 119.02 feet along the arc of a nontangent curve concave northerly,
having a radial bearing of S. 7 40' 39" E., a radius of 6,168.00 feet, and a
central angle of 1 06' 20" to a point which lies on the centerline of said East
Bay Municipal Utility District Parcel which lies N. 72 17' 04" W. a distance of
123.95 feet from E.B.M.U.D. brass cap monument at station 3672+87.15; thence
continuing 124.34 feet along the arc of a tangent curve concaved to the north,
having a radius of 6,168.00 feet and a central angle of 1 09' 18" to a point in
the southwesterly line of said E.B.M.U.D. Parcel; thence leaving the proposed
southerly right of way, N. 72 17' 04" W. along thesouthwesterly line of said
E.B.M.U.D. Parcel a distance of 257.86 feet to the TRUE POINT OF BEGINNING.
Containing a grid area of 22,517 square feet of land more or less.
Bearings and distances are based on the California Coordinate System Zone III
(C.C.S. 83) , all distances referenced herein are grid. Multiply distances shown
by 1.0000609 to obtain ground level distances. Multiply grid area by 1.0001218
to obtain ground area.
S�3NP` LA s
DOUGLAS J. G9G
p JOHNSON
0
IXP. 3/-9V
yt
f�9T No.6360 �Q 52207-1.REV
OF
eA`I�0� Rev. 9/01/93
STATE OF CALIFORNIA
SS.
COUNTY OF ALAMEDA
On this 15t1aay of November 119 94 ,before me, Marie C. Plumb Notary Public in and
for said County and State, duly commissioned and sworn, personally appeared Stephen J. Boeri
known to me to be the Mgr. of Real Estate Properti�d Lynelle M. Lewis
known to me to be the Interim Secretary of the East Bay Municipal Utility District,IdKpersonally
known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)ii/
are subscribed to the within instrument and acknowledged to me that /ohe/they executed the same in 1+is/ker/
their authorized capacity(ies),and that by leis/her/their signature(s)on the instrument the person(s)of the entity
upon behalf of which the persons acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,at my office in the County
and State aforesaid, the day and year in this certificate first above written.
£ MARIE C.PLUMB
COMM. 1019390 z NOTAR PUBLIC in and for said County of
NOI'OrY public—Coutomio > State oai California
ALAMEDA COUNTY Stf Clf
My Comr",Expires MAY 23,1998
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Titles "/Title or 717)e u1'Durumr rt
j El Limited
El Partners 1
❑ General
❑ Attorney-in-fact
Nunther u(Prr,,e.c
❑ Trustee(s)
❑ Guardian/Conservator
0 Other PUBLIC CORPORATION
Dote n1 Ductrment
Signer is representinc:Nelms uJ/'etsonl.r)or Entihyie.cl
EAST BAY MUNICIPAL UTILITY DISTRICT
s•ozo.s•2194 Signer(s)Other tlmn Named Above