HomeMy WebLinkAboutMINUTES - 11062007 - C.22 r -
TO: BOARD OF SUPERVISORS _ Contra
FROM: MAURICE M. SI 11U. PUBLIC WORKS DIRECTOR
- :� Costa
DATE: November 6.. '2007
s7; cous County
SUBJECT: APPROVE and AUTHORIZE the conveyance of a water easement to Contra Costa Water District and
execute a Grant of Easement on behalf of Contra Costa County, Concord area. (District IV)
(Government Code Section ti 255216.6)
Project No. 4841-6X5341 Task: REV Acct.: 9921
SPI.CIFIC REOUF:ST(S)OR RECOMMENDATION(S)K BACKGROUND ANI),IUS1lFfCATION
RECOMMENDED ACTION:
A. FIND that the Real Property transactions between Contra Costa County (County) and the Contra Costa
Water District (District) under the threat of condemnation are ministerial acts and are therefore statutorily
exempt from CEQA, pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15268.
B. DETERMINE that the conveyance of the water easement rights as shown on the exhibits attached hereto will
not substantially conflict or interfere with the County's use of the property, pursuant to Government Code
Section 25526.6
C. APPROVE and AUTI IORIZE the conveyance of the water easernent to the District,and AUTHORIZE the
Chair., Board Of Supervisors, or designee, to execute the Grant of Easement on behalf of Cou:lty in
consideration for the payment received in full in the amount of$21,300.00.
D. DIRECT the Real Property Division to cause said Grant of Easement to be delivered to District.
CONTINUED ON ATTACFIMENT: a SIGNA`rURE:
RECOMMENDATION Ol COI N'I'l'ADiNIINIS'I•RA'rOR RECOWNIENDATION OF BOARD C(.)iNIMil7'EE
APPROVE' OTHER
SlGN:kTuRE(5):
ACTION OF BOARD ON �� J b��o ff— APPROVED AS RECOMMENDED ;K, OTHER
VolFE:OF SUPERVISORS: I HEREBY CERTIFY THAT I I IIS IS A TRUE AND CORREC I•
C013Y OF AN ACTION TAKEN AND ENTERED ON
UN.ANIMOI;S(ABSENT ) MINUTES OF THE 130ARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
AIISEN'F: ABS FAIN:
Contact: C. Pina-Sandoval(313-20121)
CSP:sr:tr
G:\RcalProp\Board Orders\22007\11-06-07 BO-CCWD Water Easement.doc ATTES I I{D ` I b
Originalor: Real Property
.101IN CULL-17N, OF THL-'BOARD OF
SUPERVISORS
cc: Assessors Office
A irporl .-
Accountin-—PW
Records-PW Bl': DI-DUTY
SUBJECT: APPROVE and AUTHORIZE the conveyance of a water easement to Contra Costa Water District
and execute a Grant of Easement on behalf of Contra Costa County, Concord area. (District IV)
Project No. 4841-6X5341
DATE: November 6. 2007
PAGE: 2 of 2
FISCAL IMPACT:
In consideration for the conveyance of a water easement to Contra Costa Water District,Public Works has received
$21.300.00 for Airport funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The District has existing pipeline manifolds and transmission mains located within small at-grade vaults and
manholes. These pipeline manifolds and transmissions need to be extended in order to allow the District to quickly
reconnect its water system in the event that a seismic event causes below ground pipelines over the Concord Fault to
rupture. The facilities will only be used in the event of an emergency and during periodic (annual) routine
maintenance.
CONSEQUENCES OF NEGATIVE ACTION:
The District will not be able to install valves and manifolds on transmission mains which would allow them to
reconnect its treated water service system in the event that a seismic event causes below ground pipelines over the
Concord Fault to rupture.
Recorded at the request of:
Contra Costa Water District
After recording return to:
Contra Costa Water District
1331 Concord Avenue
P.O. Box H2O
Concord, CA 94524
Attn: Dino Angelosante
A.P.N. Portions 125-010-023 & 125-210-012
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 CONTRA COSTA WATER DISTRICT, a local agency of the State of
California, hereinafter called Grantee, a nonexclusive right to a perpetual subsurface
.easement for installing, constructing, reconstructing, removing, replacing, repairing,
upgrading, maintaining, operating and using such in-line isolation valves and bypass
manifolds on four large diameter transmission mains and procuring flexible bypass hose
and deployment equipment for the. Treated Water Fault Crossing and appurtenances
thereto, with the right of ingress and egress to and from the same and for no other
purposes whatsoever along and in all of the hereinafter described parcel of land situated in
the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED
EXHIBITS "A" "B""C"AND "D"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement (hereinafter the "Property") is for Airport operation purposes.
GRANTEE acknowledges and agrees 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 primary use of the
Property by the COUNTY, its successors and assigns. GRANTEE shall not, at any
time, use or permit the public to use the easement area in any manner that will
interfere with or impair the COUNTY's primary use of the Property. GRANTEE shall
not fence said easement without the prior written approval of the COUNTY, and
shall remove any fencing when requested by COUNTY to do so. GRANTEE shall not
otherwise obstruct the easement area.
2. TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property and agrees
never to assail or resist said title.
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3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the COUNTY
for review and approval. Such approval, together with any additional requirements
to be in the form of a written permit issued by COUNTY to GRANTEE.
(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing isolation valves and pipelines,shall not
require prior notice to the COUNTY. GRANTEE shall perform maintenance of its
facilities in a manner calculated to avoid causing damage to the site.
4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
COUNTY reserves the right to require GRANTEE to relocate its facilities to another
location on property owned by the COUNTY at COUNTY's expense.
S. DAMAGE TO COUNTY PROPERTY: Any and all COUNTY. Properly, facilities,
landscaping or other 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 the
sole cost and expense of GRANTEE, to a condition that is at least equivalent to 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.
6. DAMAGE TO GRANTEE'S FACILITIES: COUNTY shall have no responsibility for
the protection, maintenance, 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. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the sole, active negligence or willful
misconduct of COUNTY, COUNTY shall at its own cost and expense repair the
damage such that GRANTEE's facilities are replaced or restored to a condition
equivalent to their condition prior to the damage or at discretion of and upon written
notice from COUNTY, the damage shall be repaired by GRANTEE and the pre-
approved reasonable cost of such repair shall be paid for by COUNTY. Under no
circumstance shall COUNTY have any liability to GRANTEE or to any other person or
entity, for consequential or special damages, or for any damages based on loss of
use, revenue, profits or business opportunities arising from or in any way relating
to, any damage or destruction of any portion of the GRANTEE's facilities. GRANTEE
hereby acknowledges that its sole remedy for any damage to or destruction of any
portion of GRANTEE's facilities, to the extent COUNTY is otherwise so liable under
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this Grant of Easement, shall be to require COUNTY to repair or replace the
damaged or destroyed portion or reimburse GRANTEE for GRANTEE's reasonable
costs and expenses in repairing or replacing the damaged or destroyed portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, if any, in and
to the Property. GRANTEE agrees to take all precautions required to avoid damage
to the facilities of the existing users. If GRANTEE damages the facilities or
improvements of any existing user, GRANTEE shall repair or replace such facilities at
GRANTEE's sole cost and expense. Nothing contained herein shall be construed to
prevent COUNTY from granting other easements, franchises, licenses 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. INDEMNIFICATION: GRANTEE agrees to defend, indemnify, save, protect and
hold harmless the COUNTY its officers,agents, contractors, and employees from any
and all claims, costs and liability, including reasonable attorneys fees, for any
damage, injury or death, including without limitation all consequential damages from
any cause whatsoever,to persons or property arising from the GRANTEE's presence,
use of, or other activities of any nature on the subject Property, save and except
claims or litigation arising through the sole negligence or willful misconduct of the
COUNTY, its officers, agents, contractors or employees and, if requested by the
COUNTY, will defend any such actions at the sole cost and expense of the
GRANTEE.
9. NO WARRANTIES: 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.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in COUNTY or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by COUNTY execute
any Quitclaim Deeds required by COUNTY in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of COUNTY.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to mean
that access or other secondary rights are conveyed by this document over any of
COUNTY's adjacent lands lying outside of the aforesaid strip of land above
described.
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13. ENTIRE AGREEMENT: 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.
14. CONSTRUCTION: 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.
15. LEGAL NOTICES: Any notice required to be given to COUNTY and GRANTEE
hereunder will be sufficient if delivered in writing as designated below, or to such
other addresses as COUNTY and GRANTEE may respectively designate by written
notice to the other:
COUNTY: Contra Costa County Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
GRANTEE: Contra Costa Water District
Attn: Dino Angelosante
1331 Concord Avenue
P.O. Box H2O
Concord, CA 94524
LEFT BLANK INTENTIONALLY
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IS. SUCCESSORS AND ASSIGNS: 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 6th
day of Ocbdxr, 2007.
NOVEMBER
CONTRA COST COUNTY CONTRA COSTA WATER DISTRICT
By By
Chair, o of upervisors General Manager
By
Contra Costa Water District
Legal Counsel
APPROVED AS TO FORM
By County Counsel
June, 2007
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On NIK 06, 200;efore me,Il`'RM L. SHARP
Deputy Clerk of the Board of Supervisors, Contra Costa
County,personally appeared SUP. MW PFFD
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.
WITNESS my hand and official seal.
By:
Deouty Clerk
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EXHIBIT"A"
LEGAL DESCRIPTION •
WATER UTILITY EASEMENT
Real Property in the County of Contra Costa, State of California, described as follows:
Portion of Section 23, T. 2N., R. 2W., Mt. Diablo Base and Meridian, described as
follows:
COMMENCING at a POINT OF COMMENCEMENT on the most southerly corner of
that certain Parcel 15-A as described in the deed to Contra Costa Flood Control and
Water Conservation District, recorded February 17, 1966, in Book 5060 of Official
Records, at page 567; thence South 67°42'20"West, 156.78 feet; thence South 22°17'40"
East, 120 feet; thence North 67°42'20" East, 54.23 feet to POINT OF BEGINNING;
thence North 67°42'20" East, 20.00 feet; thence South 22°17'40" East, 10.00 feet to the
north line of a 20 feet wide Contra Costa Water District Easement, recorded June 10,
1976 in Book 7896 of Official Records at page 896; thence South 67°42'20" West, 20.00
feet, thence North 22'17'40"West, 10.00 feet to the POINT OF BEGINNING.
CONTAINING: 200 Sq. Ft. more or less.
EL.S
11L �
o. 0603
al CML �P
q�OF CALIE�P�
END OF DESCRIPTION
EXHIBIT "B
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Office of the Clerk of the Board of Supervisors
CONTRA COSTA COUNTY
651 Pine Street, Room 106
Martinez, CA 94553
Phone: 925.335.1900
Fax: 925.335. 1913
NOTICE OF CORRECTION TO RECORD
Board Agenda Item No.: C.22
Date: November 6, 2007
By: Jane Pennington, Chief Clerk
Please note that the following correction was made to the record for this item:
The following error was corrected for the record:
The subject language has been changed from "Martinez area" to "Concord Area."
PLEASE DESTROY
w: ANY PREVIOUS COPIES
..:..::.:.:::.:..:.... .
OF THIS RECORD
. .. .. ... :....
AND REPLACE THEM
WITH THE ATTACHED
w
TO: BOARD OF SUPERVISORS .,/-, _ ;. Con
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR �' Sta
DATE: November 6, 2007 ," Countyco� c�.,
SUBJECT: A . OVE and AUTHORIZE the conveyance of a water easem t to Contra Costa Water District and
execute 'rant of Easement on behalf of Contra Costa Cou , Martinez area. (District II)
(Government Code Section § 2526.6)
Project No. 4841- 5341 "Task: REV Acct.: 9921
SPECIFIC RI.(ilJl?Sl"(S)OR RECO(\1t\1ENh.A"PION BACK ROUND ANDJIISTIPIC'A"I N
RECOMMENDED ACTION:
A. FIND that the Real Property transactions ween Contra Costa County, (County) and the Contra Costa
Water District (District) under the thre of con enation are ministerial acts and are therefore statutorily
exempt from CEQA, pursuant to th alifornia Co .'Regulations, Title 14. Chapter 3, Section 15268.
B. DETERMINE that the convey Ice of the water easement rights shown on the exhibits attached hereto will
not substantially conflict o nterfere with the County's use of the p erty, pursuant to Government Code
Section 25526.6
C. APPROVE and HORIZE the conveyance of the water easement to the Dis 'ct,and AUTHORIZE the
Chair, Board Supervisors, or designee, to execute the Grant of Easement behalf of County in
consideratio for the payment received in full in the amount of$21,300.00.
1). DIRE ' ' the Real Property Division to cause said Grant of Easement to be delivered to District.
C'ON I-IN . ED ON AT"I-ACHMENT: ❑x SIGNATURE:9i A
RECOMMENDATION OF C'O(iNI'l':ILDVIINIS'1"RA"1'011 RECOMMENDATION OF BOARD CONIMITITE
APPROVE OTHER
r
SI(::NATURE(S):
AC`K.)N OF BOA 1 0 O ad&„vACv, s4,- . oAPROV'F'D AS RF-.COMMENDED J� OTHE'R
Vtfl (i S(IPf RVISORS: IIIF'REB3 'CERT117Y"I"HAI""I'l-IIS ISA rRl.;l_ANDCORREC1"
COPY OF AN ACTION TAKEN N AND EN E'R1 D ON
UN\NINIO 1S(ABSI-N 1 A,0 I MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYI_S: NOES: DATE SI IOWN.
A13SI::N 1: ABSTAIN:
Contact: C. Pira-Sandoval(313-2012)
C.'SI':sr:tr
G: RudPngri,Board Orders\2007`.1 1-06-07 BO-CCWD Water Fasernent.doc ATTFSTGD
Orw,inalor Rcal Property ly0
JOHN C UI_LEN,CLERK OF THE BOARD OF
SUPERVISORS
CC: Assessors Office
Airport
Accounting-11W
Records-I1W BY: DEPUTY
SUBJECT: APPROVE and AU'l.'HORIZE the conveyance of a water easement to Contra Costa Water District
and execute a Grant of Easement on behalf of Contra Costa County, Martinez area. (District 11)
Project No. 4841-6X5341
DATE: November 6, 2007
PAGE: ? of
FISCAL IMPACT:
In consideration for the conveyance of a water easement to Contra sta Water District,Public Works has received
$2 300.00 for Airport fun s.
REASONS FOR RECOMMEND ONS AND BA GROUND:
1'lie District has existing pipeline manifolds d ansmission mains located within small at-grade vaults and
manholes. These pipeline manifolds and transmi ' ns need to be extended in order to allow the District to quickly
reconnect its water system in the event that as 'smic e nt causes below ground pipelines over the Concord Fault to
rupture. Tlie facilities will only be used ' the event I an emergency and during periodic (annual) routine
maintenance.
CONSEQUENCES OF NEGATI ACTION:
The District will not be able to ' Zstall valves and manifolds on transmissio mains which would allow them to
reconnect its treated water ser ce system in the event that a seismic event cause elow ground pipelines over the
Concord Fault to rupture.