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HomeMy WebLinkAboutMINUTES - 10192004 - C5 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 19, 2004 SUBJECT: Adopt Resolution determining that the conveyance of an easement in the San Ramon Transportation Corridor to Kinder Morgan Energy Partners, L.P. SFPP, L.P. is exempt from the requirements of CEQA and approving the conveyance of the easement San Ramon area. [CP#03-21]. District III. Project No. 0651-6L5124. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. :ADOPT Resolution approving and authorizing the conveyance of an easement in the San Ramon Transportation Corridor to Kinder Morgan Energy Partners, L.P. SFPP, L.P. to accommodate the installation of an AC Power Feed Line to operate the rectifier and the deep well anode at Pine Valley Road, San Ramon. B. DETERMINE that the activity is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines [CP#03-21]. C. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk, and D. DIRECT the Public Warks Director to arrange for payment of a $25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Exemption. Continued on Attachment: X SIGNATURE• COMMENDATION OF COUNTY ADMIN TRA R RECOMMENDATION OF BOARD COM IT or^'APPROVE OTHER SIGNATURES}: I ! ACTION OF BQARP ON C> BEtt 19� APPROVED AS RECOMMENDED XX OTHER. VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT } I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. CP:eh G:\GipData\Rea3Prop12004-Files\BOS&zRES\BO Kinder Morgan.doc ATTESTED: OBER 19, 2004 Orig.Div: Public works(RIF') JOHN SWEETEN, Clerk of the Board of Contact: Carla Peccianti(313-2222) Supervisors and County,administrator cc: County Administrator P.W,Accounting Recorder(via RIP) By. Deputy T.Torres(313-2176) SUBJECT: Adopt Resolution approving the conveyance of an easement in the San Ramon Transportation Corridor to Finder Morgan Energy Partners,L.P. SFPP,L.P. San Ramon area. BATE: October 19,2004 PAGE: 2 1. Recommended Action: (Continued) E. DETERMINE that the easement area is not required for County purposes. F. APPROVE and AUTHORIZE the conveyance of said easement to Kinder Morgan Energy Partners, L.P. SFPP,L.P.,pursuant to Government Code § 25526.6 G. AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of Easement Deed on behalf of the County. 11. Fiscal 1mpact: The Grantee will pay the County $3,000.00 for said easement rights, which will be deposited into the San Ramon Transportation Corridor Fund. U1. Reasons for Recommendations and Background: The County acquired certain real property by Grant Deed on December 31, 1986 in Book 13358 at Page 487, Parcel 67, in the San Rai-non area for public transit and utility purposes, and Finder Morgan Energy Partners, L.P. SFPP, L.P. has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for the purpose of installing an AC Power Feed Line to operate the rectifier and the deep well anode at Pine Valley Road, San Ramon. The 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. 1V. Consequences of Negative Action: The County would own and have liability for the AC Power Feed Line that is the property of Kinder Morgan Energy Partners,L.P. SFPP, L.P. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 19,2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO.2004/ 563 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2004/563 determining that the conveyance of an easement to Kinder Morgan Energy Partners, L.P. SFPP, L.P. is exempt from the requirements of CEQA, and Approving and Authorizing the conveyance of the easement to Kinder Morgan Energy Partners,L.P.SFPP,L.P.,for the purpose of installing an AC Power Feed Line. San Ramon Transportation Corridor at Pine Valley Road. Project No. 0651-61,5124 San Ramon area. District IIL The Board of Supervisors of Contra Costa County RESOLVES THAT: The County acquired certain real property by Grant Deed on December 31,1986 in Book 13358 at Page 487, Parcel 67,in the San Ramon area,for public transit and utility purposes,and Kinder Morgan Energy Partners,L.P.SFPP, L.P.has requested an easement over a portion of said property,described in Exhibit"A"attached hereto,for the purpose of installing an AC Power Feed Line to operate the rectifier and the deep well anode at Pine Valley Road, San Ramon. The Board hereby DETERMINES that the activity is exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061(b)(3)of the CEQA Guidelines. CP##03-21. The Board 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 a$25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption The Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Kinder Morgan Energy Partners,L.P. SFPP,L.P.described in Exhibit"A"attached hereto,pursuant to Government Code Section 25526.6,and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of Contra Costa County in consideration for the payment received in full in the amount of$3,000. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. CP:eh G:\(iMData\RealProp\2044-Piles\BOS&RE.S\BR27 Kinder Morgan.doc I hereby certify that this is a true and correct copy of an action taken and entered on the Orig.Dept.: Public Warks(R/P) minutes of the Board of Supervisors on the Contact: Carla Peccianti(313-2222) date shown. cc: R W.Accounting P.W.Records ATTESTED: OCTOBER 19, 2004 P.W.Environmental JOHN SWEETEN,Clerk of the Board of Environmental-T.Torres Supervisors and County Administrator Grantee(via RIP) Recorder(via R1P) ByDeputy Community Development Dept.,K.Piena RESOLUTION NO. 20041 .563 EXHIBIT °A" EASEMENT A right-of-way and easement for the purpose of an underground `AC Power Feed' lying in a portion of Contra Costa County, California, Parcel No. 67, Book 13358 Official Records, Page 487, the center of a 10 foot wide easement being more particularly described as follows: Beginning at a point on the southerly right-of-way he of Pine Valley Road (a Public Road) from =which a standard Contra Costa monument bears North 36°17'00" Bast 46.18 feet, as said monument is shown on that certain Record of Survey entitled `RS 2059, Record of Survey of Former Southern Pacific Railroad Right-of Way', located in the incorporated and un-incorporated areas of said Contra Costa County, at Station 2166+95.89 P.O.C. / 88+95.92, recorded in Official Records at 104 LSM 45, thence from said point of beginning South. 34040'47" East 42.35 feet, thence North 64°43'52"East 75.00 feet, thence South 31°23'05" East 50.0€3 feet to the terminus of this certificate, containing 0.04 acres more or less Bearing and distances used herein are ground based upon the California Coordinate System, Zone III. Multiply all given distances by 2.00009450 to obtain ground distances. The real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature ROBER A. Date T ELL No. 4161 Revised 5/17/02 EXHIBIT «BYy and share h r#w am awmd:tared Wo the t�A*Pbw 4wdvh 4s6w Zane.1 To &MW Mom shown baron by the to mod"fotfw of t tXapt384tiCt(=7' SAN RAMON VALLEY UNIFIES} SCHOOL DISTRICT 5956 O.R. 621 No. 066 -- cr cx\.\' SOUTH SAN RAMON CREEK 5210 O.R. 403 1 ' S.S.E STANDARD COUNTY 5830 O.R. 167 MONUMENTS PER RS 2059 - 104 LSM 11 ---- 10.�P EASEMENT SEE DETAIL 14' H.P. OIL LINE R~•114 10 217'0+00 2166+95.89 POC 0 OSTA COUNTY PARCEL 67 O.R. 487 - 68+98.92 FINE CONTRA COSTA � VALLEY ROAD it PT&T ESMT PG&E METER '' 12372 O.R. 526 (EXISTING) 2Q 6--21-86 38' 22" � N36`17'00"E 46.18' Q S34'40'47'E 42.38' PT & ` C4 0 i9 N64'43'S2"E 75.00' 37.54 O.R. 45 v 531.23'06"E 50.00' n r i'7 � PG&E METER (EXISTING) STANDARD COUNTY N34'40'47"W MONUMENT 8.63' PER RS 2059 DETM Not to Scale Scole. 1" = 80' Date 5/17/02 PLAT Mme' COINER. CONTRA COSTA COUNTY COUNTY Of CONTRA COSTA PARCEL NO. 67 Contra Costa County ACKNOWLEDGEMENT State of California } } S.S. County of Change ) Title of Document Grant of Easement On May 17, 2004, before me, Martha Niguidula, Notary Public, personally appeared J.D. Reynolds [X] personally known to me OR - [ 7 provedto ,„b ,.,, +ka hasis AT satinevidenee to be the person{) whose name() is/ate subscribed to the within instrument and acknowledged to me that he/shaAhoy executed the same in his/hovkheir authorized capacity(i"), and that by his/herAheir signature() on the instrument the person(}, or the entity upon behalf of which the persons($} acted, executed the instrument. WITNESS my hand and seal. MARTHA NiGIII(7UL/4 Comm;sslon#1268147 SIGNATUI E OV NOTARY z0- MYComM.Ex0mjun2ZM Notary PubliC-Ca ft�€a Orange County (Seal) EXHIBIT "A" EASEMENT A right-of-way and easement for the purpose of an underground `AC Power Feed' lying in a portion of Contra Costa County, California, Parcel No. 67, Book 13358 Official Records, Page 487, the center of a 10 foot wide easement being more particularly described as follows: Beginning at a point on the southerly right-of-way line of Pine Valley Road (a Public Road) from which a standard Contra Costa monument bears North 36"17'00" East 46.18 feet, as said monument is shown on that certain Record of Survey entitled `RS 2059, Record of Survey of Former Southern Pacific Railroad Right-of Way', located in the. incorporated and un-incorporated areas of said Contra Costa County, at Station 2166+95.89 P.O,C, 1 88+98.92, recorded in Official Records at 104 LSM 45, thence from said point of beginning South 34°40'47" East 42.38 feet, thence North 64°43'52" East 75.00 feet, thence South 31023'06" East 50.00 feet to the terminus of this certificate, containing 0.04 acres more or less Bearing and distances used herein are ground based upon the California Coordinate System, Zone III. Multiply all given distances by 1.00049450 to obtain ground distances. The real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature r, ; ¢ 4 , r. Date p'v' xC L` Revised 5/17/02 rEXHIBIT "B" and altarr► haraon an p�oinsd ea�d Apar, the A�larola 51'ct+r Planr A©aral�af�s;3�(w»rcvse.� ra aawd Akwo MA* ofimm ov"farms by ffm a MO*d"mctar Of Imm"m � 1,A?NiD$� SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 5956 O.R. 621 _ - - • No. 4166 h`Or cRtiNi° SOUTH SAN RAMON GEEK 5210 O.R. 403 15' S.S.E STANDARD COUNTY 5830 O.R. 167 � MONUMENTS PER RS 2059 -� ---_ -- - -- 104 LSM 11 ---- O --- — 1 10 SF-PP EASEMENT SEE DETAIL 4 10' I .P. OIL .INE R=1145 102170+00 13358 OR 487 2166+9&89 POC �� ° COSTA -- -- 88+98.92 PINE 1�+ 2 CONTRA �N°t"1 pp12CEL 67 VALLEY 'ROAD Q, PT&T ESMT PG&E METER 12372 O.R. 529 (EXISTING) 206-21-86 38' 22' � N36"17'00"E 46.18' S34'40'47'"E 42.38' PT & T C4 0 its r- (,3 N64'43'52"E 75.00' 3754 O.R. 45 w NO S31`,23'06"E 50.00' 04 Z z W 18 17 � PG&E METER I (EXISTING) STANDARD COUNTY N34'40'47"1N MONUMENT 8.63' PER RS 2059 Not to Scale Scale: 1" 80' Date 5/17/02 PLAT ' OWNER. CONTRA COSTA COUNTY COUNTY of CONTRA COSTA PARCEL. NO. 67 Conti Coda County EXHIBIT "A" EASEMENT A right-of-way and easement for the purpose of an underground `AC Power Peed' tying in a portion of Contra Costa County, California, Parcel No. 67, Book 13358 Official Records, Page 487, the center of a 10 foot wide easement being more particularly described as follows: Beginning at a point on the southerly right-of-way line of Pine 'Valley Road (a Public Road) from which a standard Contra Costa monument bears North 36017100" East 46.18 feet, as said monument is shown on that certain Record of Survey entitled `RS 2059, Record of Survey of Former Southern Pacific Railroad Right-of Way', located in the incorporated and un-incorporated areas of said Contra Costa County, at Station 2166+95.89 P.O.C. / 88+98.92, recorded in Official Records at 104 LSM 45, thence from said point of beginning South 34040'47" East 42.38 feet, thence North 6443'52" East 75.00 feet, thence South 31023'06" East 50.00 feet to the terminus of this certificate, containing 0.04 acres more or less Bearing and distances used herein are ground based upon the California Coordinate System, Zone III. Multiply all given distances by 1.00009450 to obtain,ground distances. The real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature Vl~Ni1 ROBER-1 A. Date �' _ 1 M EL1.. fes. 4166 / Revised 5/17/02 EXHIBIT "B" and aharrr hereon arorr Aaund bawd� b4r�a 5br�t Pk�e tItna.? Ta Wak ftund MOW Mo"hereon by M&aMMMd&W ft(w of t.MMM(=7� ti+ LAND sG SAN RAMON VALLEY ' UNIFIED SCHOOL DISTRICT .,r 5956 O.R. 521 �. No. 4166 ' or GhL\i 4� SOUTH SAN RAMON CREEK 5210 O.R. 403 15' S.S.E STANDARD COUNTY 5830 O.R. 167 MONUMENTS PER RS2059 ----- 104 LSM 11 --- __ -- �1 0 10�SFPEASEMENT SEE DETAIL 4 10 H.P. OIL. LIN R�114 1C} 2170+00 13356 O.R. 487 2.166+95.89 POC 2 CONTRA COSTA COUNTY PARCEL 67 88+9&92 PINE 1 �.-- VALLEY ROAD (. PT&T ESMT PG&E METER '' 12372 O.R. 526 (EXISTING) 20 6 .21--86 38' 22' � N36'17'00"E 46.18' S34'40'47"E 42.38' PT & T C41 0 r-_ N64`43'52"E 75.00' 3754 O.R. 45 + '4 S31.23'06"E 50.00' m to 17 � PG&E METER � (EXISTING) STANDARD COUNTY N3440'47"W MONUMENT 8.631 PER RS 2059 DETAI Not to Scute Scale. 1'* 80' dote 5/17/02 PUT OWNER: CONTRA COSTA COUNTY COUM Of CONM COSTA PARCEL NO. 67 Contra Costa County DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0651-61-5124 CP NO.: 03-21 ACTIVITY NAME: San Ramon Transportation Corridor--- Kinder Morgan Energy Partners Easement DATE: April 22, 2003 PREPARED BY: Trina Torres 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 adverseeffect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of Contra Costa County(County)granting an easement(approximately 0.04 acres)to Kinder Morgan Energy Partners(KMEP)across a portion the San Ramon Transportation Corridor(SRTC), south of Pine Valley Road in the City of San Ramon (Fig. 4). KMEP has a Temporary Permit to Enter to install an underground electrical circuit line to connect to the electrical power source on Pine Valley Road, to operate the Rectifier and Deep Well Anode in their existing easement. KMEP needs the additional easement for the electric circuit line.General Plan Conformance will be obtained from the City of San Ramon. LOCATION: The activity is located in south Contra Costa County on a portion of the San Ramon Transportation Corridor, in the city of San Ramon Figures 1 -,-4). REVIEWED BY: DATE: Cece Sellgren Environmental Planner APPROVED BY: r DATE: Ids Community Development Representative G:\GrpData\EngSvc\ENV1R0\2G03 ProjectstCEQA1DetEx\SRTransCorr-KinderMorg Easement.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th door- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: San .Ramon Transportation Corridor-- .Kander Morgan .Energy Partners.Easement, County File CP#03-21. Project Description: The activity consists of Contra Costa County (County) granting an easement (approximately 0.04 acres)to Kinder Morgan Energy Partners (KMEP) across a portion the San Ramon Transportation Corridor(SRTC), south of Pine Valley Road in the City of San Ramon (Pig.4). KMEP has a Temporary Permit to Enter to install an underground electrical circuit line to connect to the electrical power source on Pine Valley Road, to operate the Rectifier and Deep Well Anode in their existing easement. KMEP needs the additional easement for the electric circuit line. General Plan Conformance will be obtained from the City of San Ramon. Location: The activity is located in south Contra Costa County on a portion of the San Raman Transportation Corridor, in the city of San Ramon (Figures 1 —4). This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section __._ Declared Emergency(Sec. 15269(x)) ✓ General Rule of Applicability[Section 15061(b)(3)] Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, for the following reason(s): 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 € 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: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSi�c\ENN'iRO`-00 Projects`.CEQAWOE\SRTransCorr-KindelMorgEase.doc B 1 z da Al ' s CD i cl W 61 Irk y CD CD to cm co rnik a a d f a 0 � n re e 511 aa�a U1 ` C a et C�• c� 1 F., l-,r JAI 17 i � `� e.J' '•I � �� r J C� l L 1 t moo . ) X X •� T � T 4 4 = 111 4 J I a. .l � f t Contra ¢Costa County ,.�• ��— � `.� i &vrings and &Oanaes shoat herew are txutd based t:part the Critrinmia State Fydrx Caordna#a Sysfdzr Zona To obtain Grw)d d�•tanras mdtr* distances.shown hevwo by tht c"bimd t�3tid fttw of 1.tX7tX3545A (L 7 SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 1 5956 O.R. 621 _ No. 4166 —--w SOUTH SAN RAMON CREEK f 5210 D.R. 403 15' S.S.E STANDARD COUNTY 5530 D.R. 167 --1 MONUMENTS __ --- - -- PER RS2059 - ---_ w_-�- 104 LSM 11 --- .#�D-Fpp EASEMENT SEE DETAIL 10' H.P. OIL LINE R=1145 10 Pty 13358 O.R. 487 2170+Oce 2166+95,89 POC fi --�" 8$+98.92 PINE 1 2 CONTRA COSTA COUNTY PARCEL 67 VALLEY ROAD R=11513 .10 Z PT&T ESMT PG&E METER '� 12372 O.R. 526 (EXISTING) 20 6-21--B6 38' 22' N36'17'00"E 46.15' f 534'40'47"E 42.38' PT & T 0 1`°` 3 N64"43'52"E 75.00` 3754 O.R. 450 CD 19 ff) LJ to i� n '5; ` S31"23'06"E 50.00' 0 16 �-- I 17 PO I PG&E METER (EXISTING)f � STANDARD COUNTY N34'40'47'W MONUMENT 8.63' PER RS 2059 DL!�L Not to Scale Scale: 1" = 80' Dote 5/17/02 f PLAT MAP OWNER: CONTRA COSTA COUNTY COUNTY Of CONTRA COSTA PARCEL NO. 67 Contra Costa County � Recorded at the request of: After recording return to: Santa Fe Pacific Pipelines, L. P. 1100 Town & Country Road Orange, CA 92869 Attn: Jeff Reynolds Former Southern Pacific Right of Way Parcel 57 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, a political subdivision of the State of California, hereinafter called COUNTY, hereby grants to SFPP, L.P. a Delaware Limited Partnership, hereinafter called GRANTEE, a perpetual non-exclusive easement and right of way for the purpose of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using one (1) AC Power Feed Line for a Cathodic Protection Unit and all necessary appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the City of San Ramon, County of Contra Costa, State of California, more particularly described in Exhibit "A" and shown on Exhibit "B," each of which Exhibits are attached hereto and made a part hereof. The foregoing grant is made subject to the following terms and conditions: 1. COUNTY owns fee title absolute to a strip of land of varying width that runs from north of the City of Concord through the City of Walnut Creek to the City of San Ramon in Contra Costa County. Said strip of land is more commonly known as the San Ramon Transportation Corridor (the "SRTC"). The property subject to this easement(hereinafter the"Property„)is located with in the SRTC at Pine Valley Road, in the City of San Ramon. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed on the Property. GRANTEE acknowledges that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this grant of easement are secondary and subordinate to the COUNTY's primary use of the Property. by COUNTY, its successors and assigns. The GRANTEE shall not obstruct the easement area. The GRANTEE shall not use or permit use of the Property for any purpose other than those granted by this agreement. 2. GRANTEE hereby acknowledges COUNTY's title to the SRTC, including the Property, and agrees never to assail or resist said title. 3. GRANTEE shall, prior to any construction, installation, reconstruction, remodeling, repair, removal or other work within the Property, submit specific plans and specifications to COUNTY for review and approval. Such approval, together with any additional requirements to be in the form of a written permit issued by the COUNTY to GRANTEE. The terms of such permit shall not be inconsistent with this 1 grant of easement. 4. COUNTY reserves the right to require GRANTEE to modify its facilities, to relocate said facilities within the Property boundaries or, at COUNTY's sole discretion, to remove its facilities from the Property at GRANTEE's sole expense. In the event that GRANTEE fails to commence the required work within thirty (30) days after being directed to do so by COUNTY, or such reasonable time thereafter as COUNTY may agree to in writing, or fails to complete the required work within a reasonable time thereafter, COUNTY may perform or complete the work at the sole expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the Property, GRANTEE shall promptly quitclaim to the COUNTY any and all interest GRANTEE may have in the Property. 5. Any and all COUNTY property facilities, landscaping or miscellaneous improvements, removed or damaged as a result of the use of the easement area by GRANTEE, or any other person or entity acting under GRANTEE's direction or control, shall, at COUNTY's discretion and direction, be repaired or replaced by COUNTY, with all reasonable costs and expenses to be paid by GRANTEE (including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at its sole cost and expense of GRANTEE, equivalent to or better than their existing condition. In the event that GRANTEE fails to commence the required work within thirty(30)days after being directed to do so by COUNTY, or such reasonable extension as COUNTY may agree to in writing, or fails to complete the required work within a reasonable time thereafter, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. It is understood and agreed that COUNTY has leases, licenses and easements and/or rights with others (hereinafter the "Co-users") for all or a portion of the Property. Such arrangements provide an underground petroleum products pipeline right-of-way, telecommunication conduit system and may also include other uses such as underground natural gas, sewer,water, electric lines, overhead electric and communication lines or similar uses. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the Co-users. If GRANTEE damages the facilities or improvements of any Co-user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. 6. Prior to any construction, installation, remodeling, repair, removal or other work within the Property, GRANTEE shall notify Co-users three (3) working days in advance of such activity. 7. GRANTEE agrees that COUNTY shall not be held responsible or liable for protecting in place, damage to, or removal of GRANTEE's facilities, appurtenances or improvements, caused by or resulting from COUNTY's use of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities 2 8. The easement granted hereunder is nonexclusive. Nothing herein contained shall be construed to prevent COUNTY from granting other easements over the Property or using the Property for any and all purposes and the COUNTY expressly reserves the right to grant to others the right to use the Property in any manner and for any purpose. All rights granted to GRANTEE hereunder are subject to all existing and future rights, rights of way, reservations, franchises, licenses, and easements in the Property, regardless of who holds the same, including the COUNTY's right to use the Property for any purpose. COUNTY 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 the COUNTY's or any other user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by section 4 of this grant of easement, including the rights and remedies contained therein. 9. In the exercise of all rights under this grant of easement, GRANTEE shall be responsible for any and all injury to COUNTY, to the public, to Co-users, to individuals and to property arising out of GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save, protect and hold harmless, COUNTY, 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 granting of this easement, GRANTEE's operations, acts or omissions pursuant to this grant of easement, or the GRANTEE's use of the Property, save and except liabilities arising through the sole negligence or sole willful misconduct of the COUNTY, its officers or employees. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, COUNTY 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 COUNTY related thereto. GRANTEE accepts the Property conveyed pursuant to this grant of easement in an "as is" physical condition, with no warranty express or implied on the part of the COUNTY as to any matter, 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 substance, 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, 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 3 or its suitability for GRANTEE's intended use. GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever claim have or assert any right or action against COUNTY 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 COUNTY 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 COUNTY whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the COUNTY 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, to the extent caused or contributed by GRANTEE's operation or performance under this grant of easement, or GRANTEE'S use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) directly caused by 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, to the extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. The obligations contained in this section shall survive the expiration or other termination of this grant of easement. 10. GRANTEE understands and acknowledges that COUNTY 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 COUNTY. 11. 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 COUNTY or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by COUNTY, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said Property to its original condition. Upon 4 failure of GRANTEE so to do, said work may be performed by COUNTY at GRANTEE's expense, which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. 12. No rights granted hereunder shall be transferred or assigned without the prior written consent of COUNTY. 13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of COUNTY's adjacent lands lying outside of the easement area described in Exhibit "A„ 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 party 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. 17. If any term or provision of this grant of easement shall be held invalid or unenforceable, the remainder of this grant of easement shall not be affected. 5 18. This grant of easement shall be governed by and construed in accordance with California law. The venue of any litigation pertaining to this grant of easement shall be Contra Costa County, California IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 19th day of OCTOBER , 20W4 CONTRA COSTA COUNTY GRANTEE: SFPP, L.P., a Delaware Limited Partnership By: Kinder Morgan operating L. P. "D„ Its general partner By �Board By: Kinder Morgan L. P., lnc. ce- Chair, of Supervisors Its general partner By: Kinder MorganM agement, LLC The Dele t of KintdPM fan G. P., Inc. Date OCTOBER 19, 2004 _ �.� " BY /.Z 11_7 eyno ds Manager Right of Way and Lands 1100 Town & Country Road Orange, CA 92868 Date STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On Oct. 19/01before me, EMELDA L. SHARP Deputy Clerk of the Board ofupervisor Contra trRCo � County,personalty appeared SUP 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(les), 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: (Seal) puty Clerk i VIIiI !'1}J t.J11JYGt1 `V J/L.V VJ� County Counsel G:\GmData\RealProp\2003-Fiies\03-9\Easement Kinder Morgan.doc 9116/03 6