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HomeMy WebLinkAboutMINUTES - 02131996 - C8 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 13, 1996, by the following vote: AYES: SUPERVISOR ROGERS, BISHOP., TORLAKSON, SMITH NOES: NONE ABSENT: SUPERVISOR DESAULNIER ABSTAIN: NONE RESOLUTION NO. 96/ 59 Government Code §25526.6 SUBJECT: Conveyance of Easement to Pacific Gas & Electric Company Project No. 4660-6X4107 Bay Point Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded on January 22, 1991, in Book 16360 at page 92, in the Bay Point area, for road purposes. The Pacific Gas & Electric Company has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for a gas pipeline. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the County's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Pacific Gas & Electric Company, 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 an Easement Deed on behalf of the County. The Real Property Division is DIRECTED to cause said Easement to be delivered to the grantee together with a copy of this Resolution. RB:glo p:lrealpropltemp1br276.t2 1 Hereby corttfy that tats is a tn,e ane ee►recloovrd 8n action tak�1 and entered on the minutes of the Orifi.Dept.: Public Works(R/P) Board of supe" cyl shT��6 Contact: Ronald Babst(313-2226) A'�PHI BATCHELGR,Clerk of the Board cc: Public Works Records of Supervisors and County Administrator Grantee (via R/P) Recorder(via R/P) By ,Deputy RESOLUTION NO. 96/ 59 95035(DWN0 I %3 Stanpac3 G/L Relocation at Willow Pass&Evora Roads GAS LINE TRANSMISSION•W AFTER RECORDING,RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 123 Mission Street, H21A, Room 2110 P.O. Box 770000 San Francisco, California 94177 Location:City/Uninc Recording Fee S Document Transfer Tax S O Computed on Full Value of Property Conveyed,or O Computed on Full Value Less Liens&Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED CONTRA COSTA COUNTY, a public body of the State of California, hereinafter called Grantor, in consideration of value paid by PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called PG&E, the receipt whereof is hereby acknowledged, hereby grants to PG&E the right at any time, and from time to time, to excavate for, install, replace (of the initial or any other size), maintain and use such pipe lines as PG&E shall from time to time elect for conveying gas, with necessary and proper valves and other appliances and fittings, and devices for controlling electrolysis for use in connection with said pipe lines, and such underground wires, cables, conduits, and other electrical conductors, appliances, fixtures and appurtenances, as PG&E shall from time to time elect for communication purposes, together with adequate protection therefor, and also a right of way, within the hereinafter described easement area lying within Grantor's lands which are situated in County of Contra Costa, State of California, and are described as follows: (APN 098-230-046) The aforesaid easement area is described as follows: Parcel No. 1 Beginning at a point in the southeasterly line of Willow Pass Road, said point being distant south 25° 13'25" east (radial bearing) 62.0 feet from Engineer's Station 24+96.09 on the "WP" line of the Department of Transportation's survey for Willow Pass Road in Contra Costa County; said point also bears south 72° 03' 42" west 630.69 feet from the found 3/4-inch iron pin accepted as marking the northeasterly terminus of the northwesterly boundary line of the 2.49 acre parcel of land described in the deed from George W. Andrews and wife to Pacific Gas and Electric Company dated April 7, 1956 and recorded in Book 2745 of Official Records at page 533, Contra Costa County Records, and running thence along the southeasterly line of said Willow Pass Road (1) northeasterly on a curve to the right with a radius of 1068.00 feet, through a central angle of 3° 00' 55 and tangent at the southwesterly terminus thereof to a line which has a bearing north 64° 46' 35" east, an arc distance of 56.20 feet;thence leaving said southeasterly line (2) south 300 40'33" east 41.53 feet;thence (3) south 49° 16'27" west 39.74 feet;thence (4) south 16° 08' 06" east 188.16 feet; thence (5) south 100 11' 57" east 212.87 feet; thence (6) south 16° 06' 10" east 102.11 feet;thence (7) south 070 04' 00"west 36.77 feet to a point in the northerly boundary line of State Highway 4; thence along said northerly boundary line (8) north 58° 40' 51"west 22.96 feet; thence along the southwesterly boundary line of said county's land (9) north 16° 06' 10"west 120.56 feet;thence (10) north 10° 11' 5T'west 212.86 feet;thence (11)north 16° 08' 06"west 235.92 feet, more or less, to the point of beginning; containing 0.431 acre, more or less. Grantor further grants to PG&E the permanent non-exclusive right of ingress to and egress from said Parcel No. I described above and the hereinafter described Parcel No. 3 by means of the following description: Parcel No. 2 Commencing at a point in the northeasterly boundary line of said Parcel No. I described above, said point being the southeasterly terminus of that course described as (4) south 160 08' 06" east 188.16 feet in said Parcel No. 1;thence north 16° 08' 06" west 31.80 feet to the point of beginning;thence from the point of beginning along said northeasterly boundary line of said Parcel No. 1 (1)south 160 08' 06"east 31.80 feet; thence (2) south 100 11' 57" east 109.14 feet;thence leaving said northeasterly boundary line and running (3)north 50° 39' 32" east 199.76 feet;thence (4)north 400 47' 45" east 140.69 feet;thence (5)north 49° 12' 15"west 20.00 feet;thence (6) south 40° 47' 45"west 138.96 feet;thence e (7) south 50° 39' 32" west 63.42 feet;thence (8)westerly and northwesterly along a tangent curve to the right with a radius of 75.00 feet, through a central angle of 113° 12' 22", an arc distance of 148.19 feet, more or less, to said point of beginning; containing 0.230 acre, more or less. Grantor-further grants to PG&E a right of way and easement to use, store, and place equipment and materials temporarily during the construction of said pipeline as described in the following description: Parcel No. 3 Beginning at a point in the southeasterly boundary line of said Parcel No. 1 being at the westerly terminus of that course described as (3) south 49° 16' 2T'west 39.74 feet in said Parcel No. 1, and running thence southeasterly along the northeasterly boundary line of said Parcel No. 1 (1) south 16° 08' 06" east 188.16 feet; thence (2) south 100 11' 5T' east 212.87 feet;thence (3) south 16° 06' 10" east 102.11 feet;thence leaving said northeasterly boundary line and running (4)north 7° 04' 00" east 50.83 feet;thence (5) north 16° 06' 10" west 54.35 feet;thence (6) north 10° 11' 57"west 212.87 feet; thence (7) north 16° 08' 06"west 198.35 feet to said southeasterly boundary line of said Parcel No. 1;thence running southwesterly along said southeasterly boundary line (8) south 49° 16' 27"west 21.99 feet, more or less, to said point of beginning; containing 0.222 acre, more or less. The bearings used in the foregoing descriptions are based on the California Coordinate System, Zone 3, (CCS83). The distances used are ground distances. SES t AND g D. * 511,9 ved As 7 EXP^� �ripfbn s! �P C q�f OF CAI\F� Grantor further grants to PG&E: (a) the right from time to time to trim and to cut down and clear away or otherwise destroy any and all trees and brush now or hereafter on said easement area and to trim and to cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided, however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of Grantor, but all branches, brush, and refuse wood shall be burned, removed, or chipped and scattered, by PG&E; (b) the right to temporarily use such portion of said county lands contiguous to said easement area as may be reasonably necessary in connection with the installation and replacement of said facilities; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easement area; and (d) the right to mark the location of said easement area 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 Grantor shall make of said easement area. PG&E hereby covenant and agrees: (a) not to fence said easement area; (b) to promptly backfill any excavations made by it on said easement area and repair any damage it shall do to Grantor's private roads or lanes on said lands; and (c) to indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights herein granted, which includes the conveyance of gas or by any wrongful or negligent act or omission of PG&E or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct. (d) all rights herein granted to PG&E are subject to all existing rights, rights of way, reservations and easement by whomsoever held in and to said real property. Grantor reserves the right to use said easement area for purposes which will not interfere with PG&E's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground cover over said facilities, or construct any fences that will interfere with the maintenance and operation of said facilities. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated FEBRUARY 13 , 19 96 CONTRA COSTA CO Y, By jfhaifAoara7of Supervisor STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) On FEBRUARY 13, 1996 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administer, Contra Costa County, personally appeared JEFF 'SMITH , 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 signa- tures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru- ment B00Of Y• Deputy Clerk Bay Division GM 1369438 F Dwg: 364381 ' T2N,RI W,MDB&M s Sec 15:NW4 RE: 2402-01-0251 22-95-020 Prepared: DWM