HomeMy WebLinkAboutMINUTES - 10011996 - C7 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 1, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 96/ 442
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: Conveyance of a utility easement
to Pacific Gas & Electric Company
Project No. 7520-6138302
CDD CP 96-62
Pacheco Area
The Board of Supervisors 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 by deed recorded on January 19, 1971, in Book 6208 at page 34, in the Pacheco area.
Pacific Gas & Electric Company has requested an easement over a portion of said property,
described in Exhibit "A" attached hereto, for utility service to the Pacheco Town Hall. This Board
FINDS that the conveyance of such easement is in the public interest and will not substantially
conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an overhead utility
easement to Pacific Gas and Electric Company over the property described in Exhibit "A"
attached hereto, pursuant to the above-referenced statutory authorities and the Board Chair is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration
for the payment received of the District's processing cost.
The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered
to the grantee.
The Board hereby FINDS that the activity will not have a significant effect on the
environment, and that it has been determined to be exempt from the California Environmental
Quality Act under State CEQA Guidelines Section 15061(b)(3), and DIRECTS the Director of
Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the
Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for
filing of the Notice of Exemption.
I hereby certify that this le a true and correct copy of
Orig. Dept.: Public Works(R/P) an action taken and entered on the minutes of the
Contact: Donna Dawkins(313-2224) Board of supervisors on the date ehovm.
cc: Public Works Accounting ATTESTED; e)frl-4,44�. / . / 9 Ua -100
Public Works Records PHIL BATCHELOR.Cork&the Board
Design(V.Germany) of supmvwra and County Administrator
Grantee(via R/P)
DD:lo Recorder(via R/P)
g:\rea1propl1emp\br27A.t8 " ,Deputy
RESOLUTION NO. 96/442
EXHIBIT"A"
A strip of land of the uniform width of 10 feet, being a portion of the parcel of land
conveyed by Contra Costa County to Contra Costa County Flood Control & Water
Conservation District(CCCFC & WCD) by deed dated November 24, 1970 and
recorded January 19, 1971, in Book 6298 of Official Records at page 34, Contra
Costa County Records,the centerline of which is more particularly described as
follows:
Commencing at a found street monument on the monument line of Pacheco
Boulevard, which bears north 7° 56' 54" west 375.88 feet from another street
monument in Pacheco Boulevard. Said street monuments are shown on Contra
Costa County Public Works Department, Road No. 3951 C, R/W Record Map,
Pacheco Boulevard dated January 10, 1972. Thence from said point of
commencement
(a) north 65° 22' 00"west 484.8 feet
to a point in an existing line of poles on Aspen Drive, thence
(b) south 84° 40' 00" east 26 feet, more or less, to the easterly boundary line
of Aspen Drive, said point lying on the westerly boundary of said CCCFC & WCD
parcel (6298 O.R. 34) and being the TRUE POINT OF BEGINNING of this
description; thence from the TRUE POINT OF BEGINNING,
(1) south 84° 40' 00" east 162 feet, more or less,
to the easterly boundary of said CCCFC & WCD parcel, the terminus of said
centerline.
The sidelines of said 10 feet in width strip shall be lengthened or shortened to
terminate on the westerly and easterly boundaries of said CCCFC & WCD parcel
(6298 O.R. 34).
Bearings are based on the California Coordinate System Zone III (CCS27).
Nil,
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NO. 727 /. R ESS LT.HAi�S4�J
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-vTA. \ �. L.S.5727
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 ..Contact Person:Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location: GRANT PERMISSION TO WORK WITHIN
RIGHT-OF--WAY County File#CP 96-60: The purpose of the activity is for the Contra Costa County
Flood Control and Water Conservation District (District) to grant the Central Contra Costa Sanitary
District permission to install one new recycled water pipe within the District's right-of-way.
Location: The property on which the right-of-way is located at the Imhoff Drive Bridge in.Central
Contra Costa County, Martinez area.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption,Section_
Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3))
Emergency Project(Sec. 15269(b) or(c))
Categorical Exemption,Class_ Section
for the following reason(s): This activity is not subject to the California Environmental Quality Act
(CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a significant adverse
effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Janet Frattini County Clerk Fee $25 Due
C, 7
Forth 1024.1 B
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO. 7520-613-8173 CP NO. 96- (9
ACTIVITY NAME: Grant Permission to Work Within Right-of-Way
DATE: August 15, 1996
PREPARED BY: Janet Frattini
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY:
The purpose of the activity is for the Contra Costa County Flood Control and Water
Conservation District (District) to grant the Central Contra Costa Sanitary District
permission to install one new recycled water pipe within the District's right-of-way.
LOCATION:
The property on which the right-of-way is located is at the Imhoff Drive Bridge in Central
Contra Costa County (Figures 1-3).
REVIEWED BY: ATE:
Vickie Germany,
Environmental Planner
APPROVED BY: DATE: cl
ommunity evelopment Representative
hAdetermin\Ctrlsan.det
(form revised 4/13/95)
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Recorded at the request of:
Pacific Gas & Electric Co.
After recording return to:
Land Department
1030 Detroit Ave.
Concord, CA 94518-2487
Attention: Gil Yamzon
A.P.N. (Servicing) 125-130-018
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 Pacific Gas and Electric Company, a California Corporation, hereinafter
called GRANTEE, a nonexclusive right to a 10 foot wide perpetual easement and right of way for
overhanging wires, cables, crossarms, fixtures and appurtenances as grantee deems necessary, and for
no other purposes whatsoever, along and in all of the hereinafter described strip of land situate in the
unincorporated area of the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A"
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title.
2. GRANTEE shall, prior to any construction or installation within the subject easement area, submit specific plans and
specifications to DISTRICT for review and approval. Such approval,together with any additional requirements to be in the
form of a written permit issued by DISTRICT to GRANTEE.
3. a. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT, its successors and
assigns,to use all the property described herein. The GRANTEE shall not fence said easement without the express
written permission of the DISTRICT first had and obtained and shall remove any fencing when requested by the 1
DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or
permit use of said easement for any purpose other than those described in this easement.
b. The DISTRICT expressly reserves the right to use the property subject to this easement in any manner and for any
purpose,regardless of whether it interferes with or diminishes the easement conveyed to GRANTEE. The GRANTEE
agrees that in its use of this easement and the exercise of any rights hereunder,GRANTEE shall in no way interfere with
DISTRICT's use of the property. In the event GRANTEE fails so to do,said work may be performed by COUNTY at the
expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand including
engineering costs and any legal fees.incurred to collect said costs.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first
obtaining the prior written approval of its plans by DISTRICT.
5. 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. 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.
6. 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.
7. The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all existing rights, rights
of way, reservations,franchises and easements in and to the property. DISTRICT shall have the right to require GRANTEE
to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to
accommodate arty existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same
u
manner as required by Section 3 of this easement,including the rights and remedies contained therein. Nothing contained
herein shall be construed to prevent DISTRICT from granting other easements,franchises or rights of way over said lands,
provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder."
8. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public and
to individuals arising out of GRANTEE's use of the property. GRANTEE shall indemnify,defend,save, protect and hold
harmless,DISTRICT,its officers,agents,employees and contractors from and against any and all threatened or actual
loss, damage (including foreseeable and unforeseeable consequential damages), liability, claims, suits, demands,
judgments,orders, costs,fines, penalties or expense of whatever character, including but not limited to those relating
to inverse condemnation, and including attorneys'fees, (hereinafter collectively referred to as"liabilities")to persons
or property, direct or consequential, directly or indirectly contributed to or caused by the granting of this easement,
GRANTEE's operations, acts or omissions pursuant to this easement, or the GRANTEE's use of the easement, save
and except liabilities arising through the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees.
b. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, DISTRICT from any and all actual
or threatened claims,costs,actions or proceedings to attack,set aside,void, abrogate or annul this grant of easement
or any act or approval of DISTRICT related thereto.
c. GRANTEE accepts the property conveyed pursuant to this easement in an "as is" physical condition,with no warranty
express or implied on the part of the DISTRICT as to any matter, including but not limited to the condition of the soil,
water,subsurface strata or ambient air in,on, under at or in the vicinity of the property. GRANTEE agrees that neither
GRANTEE,its heirs,successors or assign shall ever claim, have or assert any right or action against DISTRICT for any
loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other
condition of the property at the commencement of the easement or from the release of any hazardous substance in,
on or around any part of the property or in the soil,water, subsurface strata or ambient air by any person or entity other
than the DISTRICT following the commencement of this easement. As used herein,"hazardous substance" means
any substance, material or waste which is or may become designated, classified or regulated as being "toxic,"
"hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. Nothing in this section is
intended in any way to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity other
than DISTRICT whose activities are a cause of any discharge, leakage,spillage or emission of hazardous materials on
or to the property.
d. To the extent permitted by law,GRANTEE shall indemnify,defend,save, protect and hold the DISTRICT harmless from
and against any and all claims,demands,liabilities,expenses(including without limitation attorneys fees and consultants
fees),penalties,damages,consequential damages and losses, and costs (including but not limited to the costs of any
required or necessary testing, remediation, repair, removal, cleanup or detoxification of the property and surrounding
properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether
such action is required or necessary prior to or following the termination of the easement), of any kind or nature, arising
out of or connected with GRANTEE's operation or performance under this easement, including all costs, claims,
damages(including property and personal injury)arising out of or connected with the uncovering, release or excavation
of hazardous materials(including petroleum)as a result of GRANTEE's construction, reconstruction, maintenance, use,
replacement, or removal of its facilities.
e. The obligations contained in this section shall survive the expiration or other termination of this easement.
9. a. GRANTEE understands and acknowledges that DISTRICT makes no representations, warranties or guarantees of any
kind or character,express or implied,with respect to the property,and GRANTEE is entering into this transaction without
relying in any manner on any such representation or warranty by DISTRICT.
b. DISTRICT makes no warranty,guarantee, representation or liability, express or implied, as to the physical condition of
the property, including, but not limited to the condition and/or possible uses of the land or any improvements thereon,
the condition of the soil or the geology of the soil,the condition of the air,surface water or groundwater,the presence
of known and unknown faults,the presence of any hazardous substances, materials, or other kinds of contamination
or pollutants of any kind in the air,soil,groundwater or surface water,or the suitability of the property for the construction
and use of the improvements thereon. It shall be the sole responsibility of GRANTEE, at its sole cost and expense,to
investigate and determine the suitability of the soil, air,water, geologic, environmental and seismic conditions of the
property for the intended use contemplated herein, and to determine and comply with all building, planning and zoning
regulations relative to the property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own
judgment, experience and investigations as to the present and future condition of the property or its suitability for
GRANTEE'S intended use.
10. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event
GRANTEE abandons any of its facilities or fails to use the easement for the purpose for which it is granted,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
0,7
•expense,which expense GRANTEE agrees to pay to DISTRICT upon demand. GRANTEE shall execute any Quitclaim
Deeds required by DISTRICT in this regard.
n
11. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT.
12. 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.
13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document
over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described.
14. This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner
except by an instrument in writing executed by the parties or their respective successors in interest.
15. This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties
have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of easement
and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting parry shall not
apply to the interpretation of this grant of easement.
16. 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 1st day of October
1996.
CONTRA COSTA COUNTY FLOOD
CONTROL & WATE ONS RVATION DISTRICT
By
Ch rd of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On October 1, 1996 before me, Phil Batchelor, Clerk of the
Board of Supervisors and County Administrator, Contra Costa
County,personally appeared Jef f 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 capaci-
ty(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:
_ )j"
Deputy Gle rk
Form Approved (12/94)
Victor J. Westman, County Counsel
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g:\realprop\temp\pgeeas.t7
I
EXHIBIT "A"
A strip of land of the uniform width of 10 feet, being a portion of the parcel of land
conveyed by Contra Costa County to Contra Costa County Flood Control & Water
Conservation District (CCCFC & WCD) by deed dated November 24, 1970 and
recorded January 19, 1971, in Book 6298 of Official Records at page 34, Contra
Costa County Records,the centerline of which is more particularly described as
follows:
Commencing at a found street monument on the monument line of Pacheco
Boulevard, which bears north 7° 56' 54" west 375.88 feet from another street
monument in Pacheco Boulevard. Said street monuments are shown on Contra
Costa County Public Works Department, Road No. 3951 C, R/W Record Map,
Pacheco Boulevard dated January 10, 1972. Thence from said point of
commencement
(a) north 65° 22' 00" west 484.8 feet
to a point in an existing line of poles on Aspen Drive, thence
(b) south 84° 40' 00"east 26 feet, more or less,to the easterly boundary line
of Aspen Drive, said point lying on the westerly boundary of said CCCFC & WCD
parcel (6298 O.R. 34) and being the TRUE POINT OF BEGINNING of this
description; thence from the TRUE POINT OF BEGINNING,
(1) south 84° 40' 00" east 162 feet, more or less,
to the easterly boundary of said CCCFC & WCD parcel, the terminus of said
centerline.
The sidelines of said 10 feet in width strip shall be lengthened or shortened to
terminate on the westerly and easterly boundaries of said CCCFC &WCD parcel
(6298 O.R. 34).
Bearings are based on the California Coordinate System Zone III (CCS27).
�t;�%fig.,-.•-`-=��;�
3 Pn-,, sAS TO 0 ,"VT.O";1
r- G JRted. �.E �c�'n'
y. t.:S.G727
0
Contra Costa County J. Michael Walford
`
ex officio Chief Engineer
FLOOD CONTROL
Milton F. Kubicek,Deputy Chief
& Water Conservation District 255 Glacier Drive,Martinez,CA 94553-4897
Telephone:(510)313-2000
September 18, 1996 FAX:(510)313-2333
Gil Yamzon
Pacific Gas &Electric
1030 Detroit Avenue
Concord, CA 94518
File: 4003B-103-07
Dear Mr. Yamzon:
We received the revised legal description September 16, 1996 for the proposed easement across the
Grayson Creek Channel for electrical service to the Pacheco Town Hall. The County Surveyor has
reviewed and approved the revised legal description. We have included the legal description with the
Grant of Easement which you have coordinated with Donna Dawkins of our Real Property Division.
The Real Property Division has prepared the required board documents to accompany the Grant of
Easement which we anticipate will go before the Board of Supervisors as a consent item on October
1, 1996.
The installation of the overhead electrical facilities requires a Flood Control permit for encroachment
into our right of way. The District has not yet received an application from PG & E for a Flood
Control permit. Our normal"turn-around" for review of permit applications is three weeks. Please
call me at 313-2327 when you submit the application so that we can expedite issuance of the permit.
If you have any questions regarding the permit, you may call me or John Capozzo, Permit Technician
at 646-1607.
Very truly yours,
L� n
Mary D. Halle
Civil Engineer
Flood Control Engineering
N"cl
g:\fldctl\rnh\Yamzon.t9
Attachment
c: P.Harrington,Flood Control Engineering
M.Morton,Flood Control Engineering
T.Williams,Flood Control Engineering
D.Dawkins,Real Property
L.Owens,,R roperty