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HomeMy WebLinkAboutMINUTES - 12131994 - 1.22 . Z2. TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 13, 1994 SUBJECT:, DRAINAGE AREA 40A- MARTINEZ AREA Project No.: 7565-6D8517 Task: ACQ Account: 3540 SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. ACCEPT Easement Agreement dated October 5, 1994, from Chevron U.S.A., Inc. B. AUTHORIZE Public Works Director to execute said Easement Agreement on behalf of the County. C. APPROVE payment of $750.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Chevron U.S.A., Inc., c/o Pipe Line, 2360 Buchanan Road, Pittsburg, California, 94565, to be forwarded to the Real Property Division for delivery. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DEC 13 1994 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS I_ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: GK:glo g:\realprop\temp\B026.tl 2 Orig. Div: Public Works(R/P) Contact: Gus Kramer (313-2225) cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) 1 hereby certify that this is a true and correct copyof an action taken and entered on the minutes of the Board of Sua hown, ATTESTED: ��!� PHIL BATCHELOR,Clerk of the Board Of�Supe visors and County Administrator By j6,dAJAAM � .Deputy D. DIRECT the Real Property Division to have the above referenced Easement recorded in the office of the County Recorder. II. Financial Impact: Payment of$750.00 from Drainage Area 40A funds. III. Reasons for Recommendations and Background: These property rights are required for the Drainage Area 40A 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. I EASEMENT AGREEMENT THIS AGREEMENT, dated the 5 Eff day of e i o&'E-R , 1994, by and between CHEVRON U.S.A. INC., a corporation, hereinafter termed Grantor, and CONTRA COSTA COUNTY, a political subdivision of the State of California,hereinafter termed Grantee, WITNESSETH: 1. Grantor, for and in consideration of the payment of Seven Hundred Fifty ($750.00) Dollars and the full and prompt performance of the things to be performed by Grantee as hereinafter set out and contained, hereby grants to Grantee, subject to termination as hereinafter provided, and under the terms, conditions and provisions hereinafter contained, a right of way and easement to lay, construct, maintain, operate, repair, renew, from time to time change the size of, and remove a storm drain pipeline in, under, along and across that certain real property (hereinafter called "said premises") situate in the County of Contra Costa, State of California, and described as follows: A portion of that certain parcel of land described in the deed from J. H. Crawford, et ux, to Standard Oil Company of California, a corporation, dated October 7, 1949, Recorded October 7, 1949, in Liber 1445, Page 31, Official Records of Contra Costa County, California, also identified as Parcels 1739.1 and 1740B (Permanent Drainage Easement) on the attached Exhibit "A" attached hereto and made a part hereof. Portions of Assessor Parcels: 376-220-001 and 376-101-017 1. (a) Grantee shall notify Grantor at least 48 hours in advance of any work involved in the construction and installation of its pipeline in, under, along and across said premises, and; also for subsequent work within said premises involved in the repair, replacement or the removal of its pipeline. Notification shall be made to Grantor's pipeline office at 2360 Buchanan Road, Pittsburg, CA 94565. Telephone (510) 753-2000. Grantee shall also notify Underground Service Alert (USA) at.1(800)642-2444 at least 48 hours prior to any excavation on said premises. 2. Grantee shall not interfere with or obstruct the use of said premises by Grantor or injure or interfere with any person or property on or about said premises. �,J 2 3. Grantee, in the exercise of the rights granted to it hereunder, shall not do or permit to be done any welding or operations involving sparks or flame within a distance of three hundred (300) feet from any oil or gas well, or oil, gas or gasoline container, or place of discharge to atmosphere of oil, gas or gasoline, whether located on said premises or on adjacent lands, without prior consent of Grantor, and then only subject to and in accordance with the provisions hereof and such other conditions as may be expressed in said consent. 4. Grantee shall bury its pipe line so that it will pass beneath previously laid pipe lines which it crosses with a minimum of 24 inches of clearance, and shall promptly and properly back-fill excavations made by or for Grantee on said premises. Grantee shall ascertain and plainly mark before any excavations are made and during all times that work is being performed the exact location of all pipe lines or other facilities which may be below the surface of the ground or otherwise not plainly visible. Grantee hereby accepts sole responsibility for so doing and shall be solely liable for all loss, damage, injury or death caused or contributed to by any lack of or improper marking. 5. Qrantee at its sole risk and expense shall do all things necessary to assure that the facility which it constructs hereunder will not be damaged by, and hereby waives all claims for damage to said facility resulting from, electrolysis or similar action resulting from or connected with Grantor's operation of any existing or future cathodic protection system on or in the vicinity of said premises. 6. At such time or times as, in the opinion of Grantor, said pipe line interferes with Grantor's use of or operations upon said premises, Grantee shall, at its own risk and expense, within sixty(60)days after written request therefore by Grantor, lower or relocate and re-erect said pipe line over and across said premises to the depth or along the route specified by Grantor in such request, and shall restore said premises as nearly as possible to the same state and condition they were in prior to the construction and lowering or reconstruction of said pipe line. 7. Grantee and its employees and agents shall have free access to said pipe line over such reasonable route as Grantor may designate or approve for the purpose of exercising the rights herein given. 11 of such consent. 9. Upon the violation by Grantee of any of the terms and conditions set forth herein and the failure to remedy the same within thirty (30) days after written notice from Grantor so to do, then at the option of Grantor this agreement and the rights herein given Grantee shall forthwith terminate. 10. This agreement and the rights herein given Grantee shall terminate in the event that Grantee shall fail for a continuous period of one year to maintain and operate said pipe line. ' 3 11. Upon the termination of the rights herein given, Grantee shall at its own risk and expense remove all pipe and any other property placed by or for Grantee upon said premises hereunder and restore said premises as nearly as possible to the same state and condition it was in prior to any construction of said pipe line, but if it should fail so to do within sixty (60) days after such termination, Grantor may so do at the risk of Grantee, and all cost and expense of such removal and the restoration of said premises as aforesaid, together with interest thereof at the rate of ten percent per annum, shall be paid by Grantee upon demand; and in case of a suit to enforce or collect the same, Grantee agrees to pay Grantor in addition a reasonable attorney's fee to be fixed and allowed by the court. 12. Upon the termination of the rights herein given, Grantee shall execute and deliver to Grantor within thirty (30) days after service of a written demand therefor a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this agreement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination of the rights herein given. 13. Grantee shall pay, before the same become delinquent, all charges, taxes, rates and assessments upon or against said pipe line and any other property or improvements placed by or for Grantee upon said premises hereunder, but Grantor may at all times after any delinquency pay and discharge all of such delinquent charges, taxes, rates and assessments after reasonable verification thereof, and all such payments so made by Grantor, with interest thereon at the rate of ten percent per annum from date of payment, shall be paid by Grantee upon demand. The amount of such payments and interest shall.be a charge and lien against all pipe and other property placed by or for Grantee on said premises, and in case of a suit after such demand to enforce or collect the same, Grantee agrees to pay Grantor in addition thereto a reasonable attorney's fee to be fixed and allowed by the court. 14. Grantee agrees to indemnify and hold Grantor and its affiliates (as used in this Paragraph and in Paragraph 15 hereof, "affiliates" means Chevron Corporation and any company in which Chevron Corporation now or hereafter owns, directly or indirectly, at least fifty percent of the shares of stock entitled to vote at a general election for directors) and their respective officers, directors, employees, successors, and assigns, and each of them, harmless from and against all liability or claims thereof for loss of or damage to property (to whomever belonging) or injury to or death of any person (including an employee of Grantee, Grantor or its affiliates) or for loss or damage arising from attachments, liens or claims of materialmen or laborers, including claims and reasonable attorneys' fees relating to any of the foregoing, resulting from the exercise of the rights herein granted. Such indemnity shall apply whether or not Grantor or its affiliate was or is claimed to be passively, concurrently or actively negligent, and regardless of whether liability without fault is imposed or sought to be imposed on Grantor and/or its affiliates. This indemnity shall not apply where such loss, damage, injury, liability or claim is the result of the sole negligence or willful misconduct of Grantor or its affiliates. 15. Grantee assumes full responsibility for, and agrees to indemnify, hold harmless, and defend Grantor and its affiliates and their respective officers, directors, employees, successors and assigns, and each of them, from and against all loss, liability, claims, fines, expenses, costs (including attorneys' fees and expenses) and causes of action caused by or arising out of any federal, state, or local laws, rules, orders, and regulations as may be amended applicable to any waste material, hazardous substances or other regulated substances on or below the surface of the said premises or the presence, disposal, release or threatened release of all waste material, hazardous r substance or other regulated substances from said premises into the atmosphere or into or upon land or any water course or body of water, including ground water, which are attributable to Grantee's operations upon said premises or are a result of the actions of Grantee's officers, employees or agents in furtherance of Grantee's operations upon said premises. This indemnification shall apply to liability for voluntary environmental response actions undertaken pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)or any other federal, state, or local law. 16. Any notice provided herein to be given by either party hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to said other party at its address set out below, and the same shall be sufficient service of such notice. Grantor: P. O. Box 1392, Bakersfield, CA 93302 Attention: Manager, California Division Land Grantee: 255 Glacier Drive, Martinez, CA 94553-4897 Attention: Public Works Department Either party may change its address where notices are to be sent pursuant to this paragraph by giving notice thereof to the other party in the manner set forth in this paragraph. 17. Grantee hereby recognizes Grantor's title and interest in and to said premises and agrees never to assail or resist Grantor's title or interest therein. 18. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 19. This grant is subject to all valid and existing licenses, leases, grants, exceptions, reservations and conditions affecting said premises. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate. CHEVRON U.S.A. INC. By " Assist Secretary 'CONTRA COSTA COUNTY BY File: EsmtMA LD-423(10-92) Y STATE OF CALIFORNIA COUNTY OF KERN On October 5, 1994, before me, Beverly A. Lee, Notary Public, personally appeared N. R. Jensen, personally known to me (OF proved to rAe en the basis Of satisfartGFY evideRGe) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument in his authorized capacity, and that by his signature on the within instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal. BEVERLY A LEE COMM.#991367 r - s NOTARY PUBLIC•CALIFORNIA KERN COUNTY U? Notary's Signature -1`'%u , -' (SEAL) t7! ,Cwn.Epi,esJune 11,1*7� STATE OF CALIFORNIA COUNTY OF On , 1994, before me, Notary Public, personally appeared 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 within instrument in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the within instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary's Signature (SEAL) f , Drainage Area 40A - Line C-1 PARCELS 1739.1, and 1740B, 1740.1, & 1740.1 T - Chevron Ptn. APN 376-220-001 & Ptn. APN 376-101-017 Dwg. EB-10150 EXHIBIT "A" A portion of Rancho Las Juntas in the City of Martinez, Contra Costa County, California, being a portion of that parcel of land described in the deed to Standard Oil Company of California recorded October 7, 1949 in Volume 1445 at page 31, Official Records of said County, described as follows: PARCEL 1739.1: (Permanent Drainage Easement) Beginning on the north line of said Standard Oil Company parcel (1445 0.R. 31) at the southwest i corner of Lot 47 of "Alhambra Oaks Unit No. 1" subdivision recorded December 28, 1948 in Book 36 of Maps at page 42; thence from the Point of Beginning along the boundary of said subdivision, south 0°57'25" west 5.00 feet; thence north 89040'39" west 60.00 feet; thence north 0057'25" east 5.00 feet to the north line of said Standard Oil Company parcel, also being the south line of Subdivision 5988 "Pine View- 1l" recorded October 21, 1983 in Book 274 of Maps at page 7;thence along said common line, south 89040'39" east 60.00 feet, to the Point of Beginning. Containing an area of 300 square feet of land, more or less. PARCEL 1740B: (Permanent Drainage Easement) Beginning at the southwest corner of Lot 47 of"Alhambra Oaks Unit No. 1," a subdivision recorded December 28, 1948 in Book 36 of Maps at page 42; thence from the Point of Beginning, along the south line of said Lot 47 and its eastern prolongation, south 89043'49" east 90.47 feet, to the west right of way line of Palm Avenue, being a non-tangent curve, concave to the west having a radius of 900.00 feet, to which point a radial bears south 75038'02" east; thence along the arc of said 1 curve, southerly 5.16 feet, through a central angle of 0019'42"; thence non-tangent, north 89043'49" west 89.26 feet, to the southern prolongation of the west line of said Lot 47; thence along said prolongation, north 0057'25" east 5.00 feet, to the Point of Beginning. I Containing an area of 449 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (CCS 27). Multiply given distances by 1.000060 to obtain ground distances. i These real property descriptions have been prepared by me or under my direction, in conformance � with the Professional Land Surveyors'Act. Signature: ;2 Licensed Land Surveyor Contra CostaiCounty Public Works (� 1 Exp./Z 6 ivz1 Date: No- S9? ; s , OF,, c\ax:DA40A.1n1 6/29/94 yrazz cr ' Da o D ``ll ^ ri �.:o:zz a N o o q aCN 0 1' o a O its dND Or� n o is ai u In w h C O Z q 1 21 w to 1 yID a fi Nr� 0 4�b ; ``1 �~J h cp h DC7} . aa y A h 2 G C Q>p O o v p� yo VV _ c% C �4 �r� U Rl a a 41 - 1 0 � ADv kA a f v`�o \J) (10 ` b z � I •A-4 © Jo o � � 1 P ` A G C) � Cn. m o P4 ` p ,Q U N -... �o O�m�•` d p -Irk- 1.4 ' n M prc= � a In ` I'M O - �