HomeMy WebLinkAboutMINUTES - 06151993 - 1.9 `I C
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 15, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 93/ 331
Streets& Highway Code § 960
SUBJECT: Quitclaim of Non-Exclusive Easement to Crockett Cogeneration,
Loring Avenue to Kendal Avenue, Crockett
W.O. 5228
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property rights in Crockett by recorded
subdivision maps for public right of way purpposes. Crockett Cogeneration has requested a
Quitclaim of Non-Exclusive Easement through a portion of said public right of way, described in
Exhbiti "A" attached hereto, for underground power transmission facilities.
The Board FINDS that the conveyance of such Quitclaim of Non-Exclusive
Easement is in the public interest and will not substantially conflict or interfere with the County's
use of the property and is consistent with the determination of Resolution No. 92/757 passed by
the Board of Supervisors on November 3, 1992, regarding community benefits and enhancements
of the proposed co-generation project by Crockett Cogeneration.
This Board has considered the decision of the California Energy Commission in
Docket 92-AFC-1 and is required to use the decision as a substitute for an EIR pursuant to
CEQA Guidelines sections 15251-15253. This Board FINDS that changes or alternatives in the
project which avoid or substantially lessen each significant environmental effect of the project are
within the responsibility and jurisdiction of another public agency. The CEC, and not the County
and that such changes have been adopted by the CEC or can and should be adopted by the CEC.
This Board hereby APPROVES and AUTHORIZES the conveyance of a
Quitclaim of Non-Exclusive Easement to Crockett Cogeneration on the property described in
Exhibit "A" attached hereto, pursuant to Streets and Highway Code Section 960 and the Board
Chair is hereby AUTHORIZED to execute a Quitclaim of Non-Exclusive Easement on behalf of
the County.
The Real Property Division is DIRECTED to cause said Quitclaim of Non-
Exclusive Easement to be delivered to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: Gus Kramer(313-2225) 1 hereby certify that this is a true and coned copy of
cc: Public Works Accounting an action taken and entered on the minutes of this
Public Works Records Hoard of Supeon the data shown.
Grantee (via R/P) ATTESTED. ir 15 1993
PHIL BATCHELOR,Clerk of the Board
Recorder (via") of Supervisors and CountyAdministrator
By ,_ /��/t/tN7�itfi l�S�t�� 'Deputy
RESOLUTION NO. 93/331
CA931650.044/11111-111 06/14/93 08:24 PM
Recorded at the request of:
After recording return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention:
QUITCLAIM OF NON-EXCLUSIVE EASEMENT
Conveyance of Right to Use
Certain Public Streets
For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA
COUNTY, a political subdivision of the State of California ("COUNTY"), conveys, transfers, assigns, and
quitclaims to Crockett Cogeneration,a California Limited Partnership ("CROCKETT"),its successors and
permitted assigns, the non-exclusive right to utilize the public streets hereinafter described for the
purpose of installing, constructing, using, repairing, maintaining, replacing and removing, from time-to-
time, underground electric transmission lines and necessary appurtenances including conduits and
vaults ("facilities").
The route of the transmission lines and the streets which CROCKETT is hereby allowed to use
for such purposes are located in the unincorporated area of COUNTY and are more particularly
described in Exhibit A attached hereto and incorporated herein by this reference. By this Instrument
COUNTY intends to, and does, convey an easement and right-of-way for the purposes described and,
in the case of property in which COUNTY owns an easement for public street purposes, COUNTY
intends to, and does, allocate and apportion its easement to CROCKETT for the purposes described.
The facilities are to be used to transmit electricity between the existing PG&E transmission lines
located generally west of the Town of CROCKETT and of Interstate 80 and an electric cogeneration
plant to be constructed by CROCKETT in the Town of CROCKETT north of Loring Avenue and adjacent
to the existing C&H Refinery in accordance with the certification of the California Energy Commission
("CEC") for those public uses permitted therein by sections 25500, et seq., of the Public Resources
Code of the State of California, and the rights conveyed by this Instrument are appurtenant to the
cogeneration plant. Construction, operation and maintenance of the facilities shall be in conformity with
the conditions of compliance set forth in the CEC Certification Order in Docket No. 92-AFC-1.
This Instrument shall be broadly construed to effectuate its intent which is to provide to
CROCKETT the rights necessary to construct and use the facilities in the public streets as more fully
described above. If, as to any parcel, it is determined that this Instrument fails to provide to
CROCKETT a sufficient easement and right-of-way for that purpose, this Instrument shall be construed
to provide a license, permit or other entitlement sufficient to allow CROCKETT to construct and use the
facilities in the public streets as more fully described above.
The foregoing conveyance is made subject to the following terms and conditions:
1. CROCKETT hereby acknowledges COUNTY's title to said lands and agrees never to assail or
resist said title.
2. CROCKETT shall comply with provisions of the County Code pertaining to encroachment into
public streets and with all subsequently adopted, valid and applicable County ordinances
pertaining thereto.
3. COUNTY reserves its prior rights to use any and all of said streets for public purposes. The
rights granted by this Instrument shall be subordinate to any prior lawful occupancy of the street
and to any subsequent occupancy of the street by any public entity for public purposes.
CROCKETT's use of said streets and exercise of any rights hereunder shall not unreasonably
interfere with COUNTY'S use of said streets for public purposes. CROCKETT shall relocate the
facilities, or portions thereof, upon request of COUNTY and upon the same terms and conditions
as are applicable to owners of similar facilities installed in the public streets of COUNTY pursuant
to franchise. In the event CROCKETT fails so to do, said work may be performed by COUNTY
at the expense of CROCKETT, which expense CROCKETT agrees to pay to COUNTY promptly
upon demand including engineering costs and any legal fees incurred to collect said costs.
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4. Except in the case of emergency repairs, CROCKETT shall not relocate, modify or reconstruct
its facilities without first obtaining the prior approval of its plans by COUNTY.
5. Any and all COUNTY facilities, landscaping or miscellaneous improvements, removed or
damaged as a result of CROCKETT'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 CROCKETT. In the
event CROCKETT fails so to do, said work may be performed by COUNTY at the expense of
CROCKETT, which expense CROCKETT agrees to pay to COUNTY promptly upon demand,
including engineering costs and any legal fees incurred to collect said costs.
6. CROCKETT agrees that COUNTY assumes no responsibility for the construction, maintenance
or repair of CROCKETT's facilities resulting from COUNTY's operations and use of said streets;
provided, however, COUNTY shall have the same duties of care with regard to CROCKETT's
facilities as it has with regard to similar utility facilities installed in the public streets pursuant to
franchise.
7. Nothing herein contained shall be construed to prevent COUNTY from granting other easements
over said streets or using said streets for any and all purpose, provided, however, that COUNTY
shall not unreasonably prevent, obstruct or interfere with CROCKETT's rights hereunder, subject
to the provisions as contained in paragraph 3 above.
8. CROCKETT agrees to indemnify and defend COUNTY, its officers and employees against, and
hold COUNTY harmless from all claims, liabilities, damages, and judgments, including inverse
condemnation, arising from (i) the use of the public streets for the purposes described herein;
(ii) the construction, installation, use, repair, maintenance and replacement of the facilities; or (iii)
the conveyance of rights by this Instrument.
9. (a) The rights granted by this Instrument shall terminate fifty (50) years from the date on which
this Instrument is executed on behalf of COUNTY, unless sooner terminated as provided below.
(b) In the event that facilities are constructed and placed in service pursuant to the rights
conveyed by this Instrument and thereafter the use of the facilities is discontinued for a
continuous period of twenty-four (24) months, COUNTY may give notice to CROCKETT of its
intent to terminate the rights if the use is not re-commenced. If the use is not re-commenced
within a reasonable time as specified in the notice, the rights conveyed by this Instrument shall
terminate.
(c) In the event that the facilities are not installed and placed in service within five years of the
execution of this Instrument, or as such may be extended by COUNTY's Director of Public
Works, COUNTY may give notice to CROCKETT of its intent to terminate the rights if the use is
not commenced. If the use is not commenced within a reasonable time as specified in the
notice, the rights conveyed by the this Instrument shall terminate.
(d) Upon termination of the rights conveyed by this Instrument as specified above, CROCKETT
shall (i) prepare and implement a plan for the removal or abandonment in place of the facilities,
subject to approval of COUNTY which shall not unreasonably be withheld and (ii) prepare,
execute and record a quitclaim deed in favor of COUNTY reconveying all of the rights conveyed
by this Instrument. COUNTY may require removal of part or all of the facilities, or impose
conditions upon the removal or abandonment of the facilities in place as necessary to maintain
and secure public safety and the integrity of the public streets and other public facilities. IN the
event of removal of any part of the facilities, CROCKETT shall restore the public streets to the
condition prevailing before the removal so far as is practicable.
(e) Upon failure of CROCKETT to perform the tasks described in subparagraph (d) above, said
tasks may be performed by COUNTY at CROCKETT's expense, which expense CROCKETT
agrees to pay to COUNTY upon demand.
10. No rights granted hereunder shall be transferred or assigned without the prior written consent
of COUNTY which consent shall not be unreasonably withheld.
11. This rights to use said streets are conveyed 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 streets, against which no warranty is made.
CROCKETT shall defend, indemnify, save, protect and hold harmless County, its agents, officers
and employees, from any claim, action or proceeding to attack, set aside, void or annul this
easement. This Instrument does not provide or include any express or implied warranties by
COUNTY, including warranties of title.
12. Nothing herein contained shall be deemed to construed to mean that access or other secondary
rights are conveyed by this Instrument over any of COUNTY's adjacent lands lying outside of
said streets above described.
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13. This Instrument 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.
14. The facilities shall be constructed and maintained substantially in accordance with the standards
of general application of the California Public Utilities Commission applicable to similar facilities
owned by public utilities regulated by the Commission. CROCKETT shall provide as-built plans
to COUNTY showing the location of the installed facilities.
15. For a period of five (5) years beginning with the commencement of construction of the facilities,
CROCKETT shall maintain public liability insurance in the amount of $1 million per occurrence
covering liability for damage to persons or property arising from the exercise by CROCKETT of
the rights conveyed by this Instrument and which names COUNTY and its officers and
employees as additional insureds. Annually CROCKETT shall provide to COUNTY a certificate
evidencing such insurance.
16. CROCKETT represents that it has conducted a review of COUNTY's title and based upon that
review is satisfied. CROCKETT (i) waives any claims against COUNTY arising from any lack of
title or from any defect in title or in the rights conveyed by this Instrument arising from any such
lack of title, (ii) releases COUNTY from any lability for such, and (iii) covenants and agrees not
to file any claim or law suit arising from such.
IN WITNESS WHEREOF, this Conveyance of Right to Use Certain Public Streets is signed and
executed this
day of ' 19
CONTRA COSTA COUNTY
BY , ' rG
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
Tom Torlakson
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.
Dated: June 15, 1993
Phil Batchelor; Clerk of the Board of
Supervisors and County Administrator
By: &L. �.
Deputy
Approved as to Form:
r
By:
OF W C6^ Co-unsel
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c:EAQC.t6
June 11,1993
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EXHIBIT "A"
Kendall Avenue, lying between the westerly prolongation of a line described as"due west
50.50 feet" in the Deed to Contra Costa County recorded October 24, 1941, Book 621,
Page 493, Official Records of Contra Costa County, and the northeast line of Merchant
Street as said Merchant Street is described in the Relinquishment of State Highway
recorded November 22, 1961, Book 4009,.Page 317, Official Records of Contra Costa
County.
Merchant Street, as described in the Relinquishment of State Highway recorded
November 22, 1961, Book 4009, Page 317, Official Records of Contra Costa County.
San Pablo Avenue and Wanda Street, as described in the Relinquishment of State
Highway recorded June 30, 1959, Book 3402, Page 285, Official Records of Contra Costa
County.
Wanda Street, lying between the southeast line of that portion described in the
Relinquishment of State Highway recorded June 30, 1959, Book 2402, Page 285, Official
Records of Contra Costa County, and the east line of Second Avenue, as said Second
Avenue is shown on the Map of the Town of Valona, filed April 15, 1887, Map Book E,
Page 117, Contra Costa County Records. Excepting therefrom: Any portion thereof
remaining in the name of the State of California.
Second Avenue, lying between the north line of Wanda Street and the westerly
prolongation of the north line of Starr Street as said Streets are shown on the Map of the
Town of Valona, filed April 15, 1887, Map Book E, Page 117, Contra Costa County
Records.
Starr Street, lying between the east line of Second Avenue and the west line of Fourth
Avenue, as said Streets are shown on the Map of the Town of Valona, filed April 15, 1887,
Map Book E, Page 117, Contra Costa County Records.
Fourth Avenue, lying north of the easterly prolongation of the south line of Starr Street,
as said Streets are shown on the Map of the Town of Valona, filed April 15, 1887, Map
Book E, Page 117, Contra Costa County Records.
Center Street, lying between the east line of Fourth Avenue, as said Fourth Avenue is
shown on the Map of the Town of Valona, filed April 15, 1887, Map Book E, Page 117.
Contra Costa County Records, and the northerly prolongation of the east line of Ralph
Avenue, as said Ralph Avenue (formerly known as Valley Street) is shown on the
Amended Map No. 1 of the Town of Crolona, filed November 9, 1908, Map Book 2, Page
27, Contra Costa County Records.
Loring Avenue, lying between the northerly prolongation of the east line of Ralph Avenue
and the East line of Bay Street, as said Streets are shown on the Amended Map No. 1
of the Town of Crolona, filed November 9, 1908, Map Book 2, Page 27, and the Map of
the Town of Crockett, filed January 14, 1884, Map Book D, Page 88, Contra Costa
County Records.
Bay Street, lying north of the north line of Loring Avenue, as said Streets are shown on
the Map of the Town of Crockett filed January 14, 1884, Map Book D, Page 88, Contra
Costa County Records. Excepting therefrom: That portion of Bay Street described in the
Order of Abandonment recorded July 13, 1948, Book 1221, Page 314, Official Records
of Contra Costa County.
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c:ExhibitA