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Home My WebLink AboutMINUTES - 02131996 - C19 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: FEBRUARY 13, 1996 SUBJECT: WILDCAT CREEK/CONTRACT 3 PROJECT - N. RICHMOND AREA Project No.: 7527-6D8602 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated January 3, 1996, from Standard Pacific Gas Line Incorporated. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment of$4,350.00 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Old Republic Title Company, 3000 Clayton Road, P.O. Box 1086, Concord, CA., 94519, Escrow No. 146566, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. Continued on Attachment:X SIGNATURE: Q�e ,I..�.c.C_ _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD.COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON FEBRUARY 13, 1996 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT IV ) Iherebycal"that this Isat►uemid conecteopYot AYES: NOES: an action taken and entered on the minutes at the ABSENT: ABSTAIN: Board FEBRUARY n the a1 shown. RB:glo ATTESTED:PHIL Clerk obi tthe Boar_ g:lrealprop)temp1bo1213.t2 of Supervisors and County Administrator Orig.Div: Public Works(RIP) Contact: Ronald Babst(313-2226) By Deputy cc: County Administrator Auditor-Controller(via RIP) P.W.Accounting Recorder(via R/P) rf 11. Financial Impact: Payment of$4,350.00 is funded by Flood Control Zone 3 (100°x6). III. Reasons for Recommendations and Background: These property rights are required for the Wildcat Creek/Contract 3 project in accordance with 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. 7b-812(REV.494) 95095 (jbo) 22-95-055 \ J Stanpac #3 G/L Replacement Recorded at the request of: Contra Costa County Flood Control and Water Conservation District AFTER RECORDING, RETURN TO: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Ronald Babst GRANT DEED STANDARD PACIFIC GAS LINE INCORPORATED, a California corporation, hereinafter called STAN PAC, hereby grants, to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political Subdivision of the State of California, hereinafter called Grantee, the real property, situate in the County of Contra Costa, State of California, described as follows: (APN 411-030-001, Ptn.) The parcel of land described in EXHIBIT "A" attached hereto. Reserving to STAN PAC its existing pipe line(s) and appurtenant facilities and necessary easements to replace (of the initial or any other size), repair, reconstruct, remove, maintain and use the same for such purposes as STAN PAC shall at any time and from time to time deem necessary; together with easements to excavate for, install, replace (of the initial or any other size), repair, reconstruct, remove, maintain and use such additional pipe lines as STAN PAC shall at any time and from time to time elect for conveying gas, oil, petroleum products, or any other liquids, gases, or substances which can be transported through a pipe line, with necessary and proper valves and other appliances and fittings, and devices for controlling electrolysis for use in connection with any such pipe lines, together with adequate protection therefore, to excavate for, install, replace, maintain and use such underground wires and cables, enclosed at STAN PAC's option within conduits, as STAN PAC shall at any time and from time to tirne deem necessary for the transmission and distribution of electric energy and for communication purposes; and also for a right of way, on, along and in all of said real property. Further reserving to STAN PAC the right: (a) to use said real property to provide access to any of STAN PAC's easements and facilities on lands adjacent to said real property; - 1 - �• 1�1 (b) from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on said real property which in the opinion of STAN PAC may be a hazard to any of said pipe lines, valves,*appliances, fittings, wires, cables or conduits, by reason of the danger of falling thereon, or may interfere with the exercise of STAN PAC's rights reserved herein; provided, however, that all trees which STAN PAC is hereby authorized to cut and remove, if valuable for timber or wood, shall be the property of Grantee, but all tops, lops, brush and refuse wood shall be burned or removed by STAN PAC; (c) to install, maintain and use gates in all fences which now cross or shall hereafter cross said real property; and (d) to mark the location of said real property by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantee shall make of said real property. STAN PAC covenants and agrees: (a) not to fence said real property; (b) to promptly backfill any trench made by it on said real property and repair any damage it shall do to Grantee's private roads or lanes on said real property, and (c) to indemnify Grantee against any loss and darnage which shall be caused by the exercise of said access or by any wrongful or negligent act or omission of STAN PAC or of its agents or employees in the course of their employment. Grantee shall have the right to use said real property for purposes which will not interfere with STAN PAC's full enjoyment of the rights hereby reserved; provided that Grantee shall not erect or construct any building or other structure, including but not limited to fences, sheds, tool houses and animal shelters, or drill or operate any well, or construct any reservoir or other obstruction or diminish or substantially add to the ground level in said real property, without the written consent of STAN PAC. Grantee shall not grant any easement or easements on, under or over said right of way without written consent of STAN PAC. This grant is made subject to all valid and existing contracts, 1eases, licenses, easements, and encumbrances, whether recorded or unrecorded, which may affect said real property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. - 2 - The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with said real property. Dated ,c, , 19 q�. Standard Pacific Gas Line Incorporated, a California corporation By • William R. otti 62-4202 Notary(General)Rev.8/91 STATE of California CAPACITY CLAIMED BY SIGNER ss. COUNTY OF San F ra n e i s e o [y] Individual(s)Signing For One Ufrhemsetves On J a n u a r. ned, a Notary Public for said State, personally Kl Corporate Officer(s)of the Above Named Corporation(s) � 3, 1996 before me, the undersig appeared Wil l i am R. Ma Z o tt 1 i ] Guardian of the Above Named Individual(s) i Vice President [ ] Panner(s)of the Above Named Partnership(s) I [Xl personally known to me-OR-[ l proved to me on the basis of satisfactory evidence to be the person(s)whose [ ] At[orney(s)-in-Fact of the Above Named Principals) name(s)is/XX subscribed to the within instrument and acknowledged to me that he/MJ4*4 executed the same in his/WX,XN-W authorized capacity(ies), and that by hisAfi)Wi XiY signature(s) on the instrument the person(s), or [ ] Trustee(s)of the Above Named Trust(s) the entity upon behalf of which the persctn(s)acted,executed the instrument. [ ] other r VJILUAM B.CUMMINGS JR.A wrr y hand and 6c' seal. 0 COMM. #960317 NOTARY PUBLIC-CALIFORNIA .( 4MARIN COUNTY 0 `l My Comm.Exp±rss Apr.14,1996 `t Signature William B. um i ngs Jr. BAY REGION EAST SAY DIVISION AFFECTS: 2401-05-0064 PD254 T1N R5W MDB&M Section 1 SE4 OF NE4 file: 6748doc.doc - 3 - f EXHIBIT "A" PARCEL 1537: (Fee Title) A portion of the parcel of land described in the Deed to STAN PAC, (formerly Federal Engineering Company) recorded March 12, 1930 in Book 228 of Official Record at page 40 records of Contra Costa County, State of California, described as follows: Beginning at a point the intersection of the easterly line of the Atchison, Topeka and Santa Fe Railroad right of way and the southeasterly line of said STAN PAC parcel (228 O.R. 40); thence leaving said Point of Beginning along said southeasterly line north 56°09'01" east 114.08 feet; thence north 24°47'56" west to the centerline of Wildcat Creek; thence southwesterly along the meander line of Wildcat Creek to the east line of said Atchison, Topeka and Santa Fe Railroad right of way; thence along said line south 05012'03" west to the point of beginning. Containing an area of 5,475 square feet of land more or less. Bearing and distances used in the above description are based on the California Coordinate System Zone 111 (CCS27). To obtain ground distance multiply distances used by 1.00000641. D s li Exp./ 3/ No. 5999 OFC �crrf�� s'7cL 7t - 4 -