HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-531 # C ,5
THE BOARD OF SUPERVISORS, AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UIL EEA, DESAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: rMBER
ABSTAIN: NONE RESOLUTION NO. 99f 531
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
onveyance of EasementO the es ern Area Power minis ra ion
Laurel Road Widening for Subdivision 7657
Oakley Area
Project No. 4660-6X4901.
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 June 22, 1989, in Book 15148 at page 214, and on August 2, 1991, in Book 16779
at page 841, in the Oakley area. Western Area Power Administration (WAPA) has requested an
easement over a portion of said property, described in Exhibit "A" attached hereto, for an overhead
transmission line easement. 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 transmission
line easement to Western Area Power Administration 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.
A Negative Declaration was APPROVED and ADOPTED by the Board on February 17, 1993 for
Subdivision 7657.
The Real Property Division is DIRECTED to cause said Contract and Grant of Easement to be
delivered to the grantee.
LLO:eh I hereby certify that this is a true and correct
G:tGrpDeta\ReelProp\19 -Files\99-9treso subd7657.doc copy of an action taken and entered on the
orifi.Dept.: Public Works(R/P) minutes of the Board of supervisors on the
contact: L.Lucy Owens(313-2229) date shown.
cc: Public Works Accounting
Public Works Records ATTESTED: OCTOBER 19, 1999
Grantee(via RIP) PHIL BATCHELOR,Clerk of the Board of
Community Development Dept Supervisors and County Administrator
By ,Deputy
RESOLUTION NO. 991 531
Contract No. TRYYG-9902
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
TRACY-CONTRA COSTA-YGNACIO TRANSMISSION LINE
CONTRACT AND GRANT OF EASEMENT
THIS AGREEMENT made as of the day of , 1999,between Contra
Costa County Flood Control and Water Conservation District,a political subdivision of the State
of California(GRANTOR),whether one or more, and THE UNITED STATES OF AMERICA,
Department of Energy,Western Area Power Administration(UNITED STATES),represented by
the officer executing this agreement,pursuant to the Reclamation Act,Act of June 17, 1902, 32
Stat. 388, and acts amendatory thereof and supplementary thereto,and the Department of Energy
Organization Act, Act of August 4, 1977,91 Stat. 565.
WITNESSETH.
That the parties hereto covenant and agree as follows:
1. The GRANTOR,for mutual benefits and the provisions contained in this agreement,
does hereby grant and convey to the UNITED STATES OF AMERICA,and its assigns,a
perpetual easement and right-of-way for electric power and transmission purposes in,upon, over,
and under the land described in Exhibit A,attached hereto and made a part hereof
2. The grant of easement shall include the unimpeded right to enter the above-described
easement area and to locate,construct,reconstruct,operate,maintain,repair,rebuild,upgrade,
remove,permit the attachment of wires of others, and patrol a transmission line consisting of one
line of poles or structures and appurtenances thereto, supporting conductors of one or more
electric circuits of any voltage together with the present and future right to clear the easement
area and to keep the same clear of brush,timber, inflammable or unauthorized structures or any
other materials deemed by the UNITED STATES to be fire hazards. Rights granted herein shall
include,where necessary,trimming,cutting or removing trees or branches over,on or extending
within the easement area. All materials so removed shall become the property of the UNITED
STATES and shall be disposed of by the UNITED STATES in any manner it deems suitable.
3. The rights granted herein are subject to easements of record or in use as well as
outstanding mineral rights in third parties.
4. The UNITED STATES shall exercise due care and diligence in the exercise of rights
and privileges granted herein. The UNITED STATES agrees to repair or reasonably compensate
the GRANTOR for damage to agricultural crops,fences,irrigation systems,drainage systems or
other improvements within the casement that occurs as a result of the rights granted herein.
5. The GRANTOR is the true owner of the property over which this easement is granted,
and has the lawful right to convey this easement interest.
- IET-
Tract No.912ET
r .
6. The GRANTOR shall assist the UNITED STATES in procuring and recording all
assurances of title and affidavits which the GRANTOR may be advised by the UNITED
STATES are necessary. Abstracts,certificates of title,or title insurance will be procured by the
UNITED STATES at its own expense unless otherwise provided in this Contract. The expense
of recording this Contract and Grant of Easement shall be paid by the UNITED STATES.
7. In the event that liens or encumbrances other than those expressly provided herein do
exist,the UNITED STATES may,at its option,request the GRANTOR to remove any and all
such outstanding liens and encumbrances,but this provision shall not be construed to authorize
the incurrence of any lien or encumbrances as against this Contract,nor an assumption of any
lien or encumbrance by the UNITED STATES.
8. The GRANTOR shall have the right to graze,use,occupy,and have access to and across
the easement area described herein for any purposes which will not constitute a hazard to life or
limb or interfere with any of the rights and privileges herein granted to the UNITED STATES.
The UNITED STATES will notify the GRANTOR in writing of any activity of the GRANTOR
within the easement area that constitutes a hazard to life or limb,or interferes with any of the
rights and privileges herein granted to the UNITED STATES.
The following activities are prohibited within the easement area unless written permission
is granted by the Regional Manager or the successor.
(a)GRANTOR shall not erect any structures;by way of example, structures shall
include,but are not limited to buildings,mobile homes,signs, light standards,
storage tanks,septic systems, swimming pools,tennis courts,or similar facilities.
(b) GRANTOR shall not drill wells or conduct muting operations.
(c)GRANTOR shall not construct, install or operate above-ground mechanical
irrigation facilities which constitute a safety hazard.
(d)GRANTOR shall not appreciably change the character of existing topography,
normal farming practices excluded.
(e)GRANTOR shall not plant trees or vegetation that exceeds a height of 12 feet at
maturity.
Roads constructed across the easement area shall be in accordance with all applicable safety
codes and shall be a minimum of 20 feet from the transmission line structure. GRANTOR's
maintenance access road is exempt from this restriction.
The UNITED STATES shall not unreasonably withhold permission,and it shall be the
intention of the UNITED STATES to allow the GRANTOR a reasonable right to use and have
access across the easement area when and where such use shall not interfere with the rights of the
UNITED STATES as provided herein. If,however,GRANTOR proceeds without permission to
conduct any of the prohibited activities named in this article,the UNITED STATES shall have
the right,upon discovery of such activity,to take any action deemed appropriate to prevent such
activity including the right to remove if necessary.
-2ET-
Tract No.9I 2ET
Mate of California )
County of Contra Costa )
On OC BER 19, 1999 before me, JOAN STALEY
a DepuO E$I f the ,rdCVRpervlsors, Contra Costa County, personally appeared,
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 capacky(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.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signature
Deputy Clerk
9. The UNITED STATES shall be liable for losses arising from personal injury,death, or
property damage caused by the negligent or wrongful act,or omission of any employee of
Western while performing activities under the Contract,in accordance with the Federal Tort
Claims Act,as amended.
10. The UNITED STATES shall construct,operate and maintain any facilities installed
pursuant to this Contract in compliance with applicable laws,executive orders,and regulations,
including the National Environmental Policy Act of 1969,as amended and the Archeological
Resources Protection Act of 1979. The UNITED STATES shall also be responsible for all
activities on the easement related to hazardous materials in its equipment that are necessary to
meet the requirements of the Toxic Substances Control Act,the Solid Waste Disposal Act and
the Resource Conservation Environmental Response Compensation,and Liability Act of 1980,
and the regulations implementing these laws,as amended,and any existing or subsequent
applicable Federal or state laws or regulations.
11. In the event of permanent abandonment of any or all rights to the easement granted
herein to the UNITED STATES, said abandonment shall be effected by the execution and
recording of a quitclaim deed by the UNITED STATES in favor of the GRANTOR, or his
successors,and the easement granted herein,or any portions therein abandoned,shall terminate.
The UNITED STATES,or its assigns, shall have the right to remove,within a reasonable time,
all structures, facilities, and equipment placed on the easement by or on behalf of the UNITED
STATES,from such abandonment area whether before or after execution of the quitclaim deed.
12. The provisions hereof shall inure to the benefit of and be binding upon the heirs,
executors,personal representatives, administrators, successors,and assigns of the GRANTOR,
and the assigns of the UNITED STATES.
IN WITNESS WHEREOF,the parties hereto have signed their names,the day and year
first above written.
GRANTOR: Contra Costa County THE UNITED STATES OF AMERICA
Flood Control&W ter Conservation District
4 y
f
By: R. Steven Warner
' Ti lir, pard of Supervisors Lands Manager
V11URM AYFRKIIVIED
r
-3ET-
Tract No.912ET
s
r
Drainage Area 30A
Detention Basin No. 2
W.A.P.A. Transmission Line Easement
Drawing EB-10159
Parcel# 1652-1 and 1851-2
Exhibit"A"
Tr_ ansmission Line Easement
Beal property in the City of Oakley, County of Contra Costa, State of California, being a
portion of the parcel of land described in the deed to Contra Costa County Flood Control
and Water Conservation District recorded June 22, 1989, in book 15148 of Official
.records at page 214, and a portion of the parcel of land described in the deed to Contra
Costa County Flood Control and Water Conservation District recorded August 2, 1991,
in book 16779 of Official records at page 841, described as follows:
Commencing at the north quarter comer of Section 35, Township 2 North, range 2
East, Mount Diablo Meridian; thence along the north line of said Section 35, north
89024'18" west 557.83 feet to the intersection with the northerly prolongation of the east
line of parcel nine described in the deed to Western Pacific Housing -- Laurel Woods 11
recorded August 3, 1998, at Series Na. 98-183394; thence along said prolongation and
said line, south 0°51'50" west 86.59 feet to the Point of Beginning; thence from said
Point of Beginning, continuing along said east line, south 0"51'50" west 24.68 feet;
thence, north 88°1951" east 123.90 feet; thence north 85°03'38" east 299.41 feet;
thence north 89024'18" west 210.68 feet; thence, westerly along the arc of a tangent
curve, concave to the south, having a radius of 2,445.00 feet, through a central angle of
4°38'42", a distance of 198.22 feet; thence, tangent to said curve, south 85" 57'00" west
13.07 feet to the Point of Beginning.
Containing an area of 7,537 square feet of land, more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
sed nd Surveyor 's ' ►
Contra Costa County Public Works Exp.
Date: !- NO. $999
OF CALO `
JH:sd
G:V3rpDatelClsrictfAEXHr8rTs119MMinsees Area 30A.doe
9/20/99