HomeMy WebLinkAboutMINUTES - 01101995 - 1.23 _ . THE-BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA, AS THE GOVERNING BODY /, 25
OF THE CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Adopted this Resolution on January 10, 1995 , by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 95/12
Government Code § 25526.6
Conveyance -of Easement to San Franasco
Bay Area Rapid Transit District
Upper Pine Creek Channel, Parcels 89 & 89A
Project No. 7520-688312
Concord Area
The Board of Supervisors of Contra Costa County, as the Governing Body of the
Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired
certain real property as follows in the Concord area for flood control purposes: (1) Parcel
89 was acquired by deed recorded on December 5, 1967, in Book 5509 at page 550, and
(2) Parcel 89A was acquired by deed recorded on May 5, 1975, in Book 7497 at page
11. The San Francisco Bay Area Rapid Transit District has requested an easement over
a portion of said property, described in Exhibit "A" attached hereto, for access to its
adjacent Concord Yard. This Board FINDS that the conveyance of such easement is in
the public interest and will not substantially conflict or interfere with the Flood Control
District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an
easement to the San Francisco Bay Area Rapid Transit District, 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 a Grant of Easement on behalf
of the Flood Control District in consideration of $5,700.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the Grantee.
Orig. Dept.: Public Works (R/P)
Contact: Nancy Wenninger (510) 313-2227 I hereby certify that this is a true and correctcopyof
SCC: Public Works Accounting an action taken and entered on the minutes of the
g Board Supe�v,� 4n0 ejdate 995shown.
Public Works Records ATTESTT ED: �'� —�U.—��
Grantee (via R/P) PHIL BATCHELQR, Clerk of tho Board
Recorder (via R/P) .
of Supervisors anti County Administrator
By 6?�� LA ILI Deputy
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g:\realprop\temp\b27UPC.t12
RESOLUTION NO. 95112
r
« EXHIBIT "A"
DESCRIPTION OF PROPERTY j
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
PITTSBURGH-ANTIOCH EXTENSION/CONCORD YARD
15-FOOT WIDE PERMANENT ACCESS EASEMENT
REAL PROPERTY in the city of Concord, County of Contra Costa, State of California, described as
follows:
A portion of that parcel of land described as Parcel 3 in the Quitclaim Deed from Sacramento Northern
Railway to the Contra Costa County Water Control &Flood Control District recorded December 5, 1967,
in Book 5509 Page 550, Official Records of Contra Costa County, and a portion of that 60' strip of
Railroad Right-of-Way described in the deed from Ira B. Kilgore, et ux, to Sacramento Northern Railway
(formerly Oakland and Antioch Railway), recorded in Book 160 of Deeds Page 106, Contra Costa County
Records, described as follows:
A strip of land 15 feet in width, the centerline of which is described as follows;
COMMENCING at the monument at the southernmost intersection of Detroit Avenue and Shary Circle,
said monument is shown on Tract 3282, as per map filed in Book 99 of Maps, Page 26, (the monument
line of Shary Circle to the west of said monument being held as South 73° 23' 47" West for the purpose
of this description); thence South 27° 23' 00" East, 428.66 feet to a point on the western line of said
Parcel 3, said point being the TRUE POINT OF BEGINNING; thence along a non-tangent curve to the
right concave to the south, having a radius of 280.50 feet, a central angle of 22° 43' 01", from a radial
bearing of South 160 12' 25" East, a distance of 111.21 feet: thence South 83° 29' 24" East, 173.19 feet;
thence along a tangent curve concave to the left, having a radius of 454.50 feet, a central angle of 13° 29'
42", a distance of 107.05 feet: thence North 830 00' 54" East, 61.89 feet to a point in the western right-of-
way line of San Francisco Bay Area Rapid Transit District (B.A.R.T.D.), distant thereon North 160 34'
56" West, 31.93 feet from the intersection thereof with the easterly prolongation of the southern line of
said Parcel 3, said point being the termination of said centerline.
The sidelines of said 15-foot wide strip being shortened or lengthened to intersect with the western line
said Parcel 3 and said B.A.R.T.D. right-of-way line.
Containing 6800 square feet, more or less.
Bearings and distances used in this description are based on the California State Plane Coordinate
System, Zone III, NAD 83. Multiply distances by 1.0000660 to obtain ground level distances.
This description is based on information contained in available public records and on field surveys
performed by Towill, Inc. in March 1993.
NDS
GREGORY J. LOUCKS
5473
Gregory J. Loucks
s ��P L.S. 5473 Exp. 9/30/96
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Recorded at the request of: 1
San Francisco Bay Area Rapid Transit District - j c cS
tt-�J f�
After recording return to:
San Francisco Bay Area Rapid Transit District
'1330 Broadway, Suite 1800
Oakland, CA 94612
Attention: Manager of Property Acquisitions
Pine Creek Channel Parcels 89 and 89A
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 called DISTRICT, hereby grants to the SAN FRANCISCO BAY AREA
RAPID TRANSIT DISTRICT, hereinafter called GRANTEE, a nonexclusive perpetual right of way
for ingress and egress purposes only, over and across that certain real property in the County of
Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing grant is made subject to the following terms and conditions:
1. DISTRICT reserves its prior rights to use any and all of said lands for public purposes.
GRANTEE's use of this easement and the exercising of any rights hereunder shall, in no way,
interfere with DISTRICT'S use of said lands. In the event GRANTEE's use should interfere,
GRANTEE shall, at the request of DISTRICT, and at GRANTEE's sole cost and expense,
modify or relocate its facilities to the satisfaction of DISTRICT within thirty(30) days after
written notice to do so. In the event GRANTEE fails so to do, said work may be performed
by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to
DISTRICT promptly upon demand including engineering costs and any legal fees incurred
to collect said costs. DISTRICT shall provide suitable alternative right of way for
GRANTEE'S relocation.
2. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct
its facilities without first obtaining the prior approval of its plans by DISTRICT. Such
approval shall not be unreasonably withheld.
3. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or
damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent
to, or better than, their existing condition at the sole cost and expense of GRANTEE within
thirty (30) days after written notice to do so. In the event GRANTEE fails so to do, said
work may be performed by DISTRICT at the expense of GRANTEE, which expense
GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs
and any legal fees incurred to collect said costs.
4. GRANTEE agrees that DISTRICT assumes no responsibility for the construction,
maintenance or repair of GRANTEE's facilities resulting from DISTRICT's operations and
use-of said land.
5. GRANTEE shall defend, indemnify, save, protect and hold harmless the DISTRICT, its
agents and employees, of and from any and all claims, demands, costs, damages, losses,
arising directly or indirectly from or connected with actions, and liability for any damages,
injury or death, including inverse condemnation, of the exercise by GRANTEE of the rights
herein granted to it, including reasonable attorney's fees.
is. In the event GRANTEE shall permanently cease operation of its facilities, then all rights of
GRANTEE in and to said lands shall hereupon cease and terminate and title thereto shall
immediately revert to and vest in the DISTRICT or its successors. Upon any termination of
GRANTEE's rights hereunder, GRANTEE shall, upon request by DISTRICT, and at
GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said
property to its original condition. Upon failure of GRANTEE so to do, said 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.
7. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions,
conditions, covenants, liens, claims of title, and restrictions of record and any prior rights held
by others within said land, against which no warranty is made, and the word "grant" shall not
be construed as a covenant against the existence of any hereof. GRANTEE shall defend,
indemnify, save, protect and hold harmless DISTRICT, its agents, officers and employees,
from any claim, action or proceeding to attack, set aside, void or annul this easement.
8. This indenture and all of the covenants herein contained 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
, 19
GRANTOR: GRANTEE:
CONTRA COSTA COUNTY SAN FRANCISCO BAY AREA
FLOOD CONTROL&WATER RAPID TRANSIT DISTRICT
CONSERVATION DISTRICT
By Chair, Board of Supervisors By Desha Hill
Department Manager
Real Estate
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On before me,
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator, Contra
Costa County, personally appeared
who is
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 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.
By. Deputy Clerk
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
SAN FRANCISCO BAY AREA. RAPID TRANSIT DISTRICT
PITTSBURGH-ANTIOCH EXTENSION/CONCORD YARD
15-FOOT WIDE PERMANENT ACCESS EASEMENT
REAL PROPERTY in the city of Concord, County of Contra Costa, State of California, described as
follows:
A portion of that parcel of land described as Parcel 3 in the Quitclaim Deed from Sacramento Northern
Railway to the Contra Costa County Water Control &Flood Control District recorded December 5, 1967,
in Book 5509 Page 550, Official Records of Contra Costa County, and a portion of that 60' strip of
Railroad Right-of-Way described in the deed from Ira B. Kilgore, et ux, to Sacramento Northern Railway
(formerly Oakland and Antioch Railway), recorded in Book 160 of Deeds Page 106, Contra Costa County
Records, described as follows:
A strip of land 15 feet in width, the centerline of which is described as follows;
COMMENCING at the monument at the southernmost intersection of Detroit Avenue and Shary Circle,
said. monument is shown on Tract 3282, as per map filed in Book 99 of Maps, Page 26, (the monument
line of Shary Circle to the west of said monument being held as South 73° 23' 47" West for the purpose
of this description); thence South 27° 23' 00" East, 428.66 feet to a point on the western line of said
Parcel 3, said point being the TRUE POINT OF BEGINNING; thence along a non-tangent curve to the
right concave to the south, having a radius of 280.50 feet, a central angle of 22° 43' 01", from a radial
bearing of South 16° 12' 25" East, a distance of 111.21 feet: thence South 83° 29' 24" East, 173.19 feet;
thence along a tangent curve concave to the left, having a radius of 454.50 feet, a central angle of 13° 29'
42", a distance of 107.05 feet: thence North 830 00' 54" East, 61.89 feet to a point in the western right-of-
way line of San Francisco Bay Area Rapid Transit District (BAA.R.T.D.), distant thereon North 16° 34'
56" West, 31.93 feet from the intersection thereof with the easterly prolongation of the southern line of
said Parcel 3, said point being the termination of said centerline.
The sidelines of said 15-foot wide strip being shortened or lengthened to intersect with the western line
said Parcel 3 and said B.A.R.T.D. right-of-way line.
Containing 6800 square feet, more or less.
Bearings and distances used in this description are based on the California State Plane Coordinate
System, Zone III, NAD 83. Multiply distances by 1.0000660 to obtain ground level distances.
This description is based on information contained in available public records and on field surveys
performed by Towill, Inc. In March 1993.
Sip IANO S��,`
ti as •' ,Y ;,`r
GREGORY I LOUCKS
5473
Gregory J. Loucks
sl�lE �F4�`,�P L.S. 5473 Exp. 9/30/96 Rev. 0 4/2/93
Of rA%.. Page 1 of 2