HomeMy WebLinkAboutMINUTES - 06071994 - 1.8 I
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: June 6, 1994
SUBJECT: Approve U.S. Bureau of Reclamation Easement Contract No. 3-07-20-L6214, for Road
and Utility at the intersection of Laurel Road and Empire Avenue in the Oakley area.
Project No.: 0662-6R4017-91 Task:SAS Sub-object: :3540
Specific Request(s) or Recommendations) & Background & Justification
I. RECOMMENDED ACTION:
A. APPROVE USBR Easement Contract No. 3-07-20-L6214.
B. AUTHORIZE the chairperson to execute the contract.
C. APPROVE payment of $6,870.00 for said easement rights and AUTHORIZE the Auditor
Controller to issue check in said amount payable to the U.S. Bureau of Reclamation, to
be forwarded to the Design Division for delivery.
II. FINANCIAL IMPACT:
The easement fee is a one-time payment of$6,870.00 funded by the Oakley/N. Brentwood Area
of Benefit.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The easement is needed to construct the Empire Avenue Bridge Replacement Project. The
Plans and Specifications were approved by the Board of Supervisors on April 1.9, 1994. Bids
were opened on May 17, 1994.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the aserpn�1ent is not acce tteedd tthhee roject cannot be constructed.
Continued on attachment: GNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUN 7 - 1994 APPROVED AS RECOMMENDED OTHER
VOT[ OF SUPERVISORS
V UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
DMR:NL:mg
c\BO:6.t6 1 hereby certify that this is a true and correct copyof
an action taken and entered on the minutes of the
Orig. Div: Public Works (Design Division) Board of Supervisors on thehown.
Contact: Denis Regan, Design 3132232 ATTEpHIL BIN 2 TV
ATE T LO the Board
cc: County Administrator of Supervison3 and co my Administrator
Auditor-Controller
PW Accounting
Construction By ,Deputy
Community Development
Return to: Public Works Dept./
Real Property Div., 255 Glacier Dr., j
Martinez, CA 94553
Attn.: �/af �� j,�' COPY
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
EASEMENT TO CONTRA COSTA COUNTY
ROAD AND UTILITY EASEHENT
CONTRA COSTA CANAL MILEPOST 6.04
CONTRACT NO. 3-07-20-L6214
THIS INDENTURE, made this Z q �ay of S- 1954 in accordance with
the Act of Congress approved June 17, 6190 (32 Stat. 388) , and all other
amendatory or supplementary acts by and between THE UNITED STATES OF AMERICA,
acting by and through its Department of the Interior, Bureau of Reclamation
(United States) , represented by the officer executing this instrument on its
behalf, and the COUNTY OF CONTRA COSTA (County) .
RECITALS
The United States acquired land and has constructed the CONTRA COSTA CANAL
(Canal) as a feature of the Central Valley Project; and
The Contra Costa Water District (District) is operating the Canal on behalf of
the United States; and
The County has requested the United States grant to it an easement for the
construction, operation, and maintenance of a bridge, road and utility
corridor over the Contra Costa Canal at Milepost 6.04; and
The United States has no objections to such use of the land and the use is, at
this time, not incompatible with the purpose for which the land was acquired
and is now being administered.
EASEMENT
In consideration of the following terms and conditions, the United States
grants without warranty of title to the County, a perpetual nonexclusive
easement for construction, operation, and maintenance of a bridge over the
canal at Empire Avenue together with the rights for a road and utility
corridor, located on the Contra Costa Canal at Milepost 6.04 and described in
the attached legal description marked Exhibit "A" attached hereto and by
reference made a part hereof: and
1. The easement granted is subject to existing rights-of-way in favor of the
public or third parties for highways, roads, railroads, telegraph, telephone,
and electric transmission lines, canals, laterals, ditches, flumes, siphons,
and pipelines over and across the land.
2. All construction work to be performed shall be accomplished to the
satisfaction of the United States by and at the expense of the County and
shall be in full accordance with the previously approved plans on file at the
Bureau of Reclamation's Tracy Office.
The following conditions shall be adhered to by the County:
1. County shall ensure Reclamation has safe, smooth and unencumbered
access to Reclamation's driveways.
2. County shall correct any ponding problems caused by its construction
under this easement.
3. County shall ensure no water enters the Contra Costa Canal or cause
erosion of the banks of the canal.
Any damage as a result of construction will be guaranteed for a period of one
year by the County, based on its final inspection at the time of completion of
construction.
3. If during the construction authorized by this easement, a situation
develops which, in the opinion of the District and/or the United States or of
any third party or parties, presents a threat to the safety of property of the
United States or of any third party or parties, the County will take immediate
action to eliminate the threat. In the event the County does not immediately
provide the necessary protection, the United States reserves the right, after
notifying the County and it's contractor, to take such action as may be
necessary to eliminate the immediate threat and the County will, upon receipt
of an itemized statement, reimburse the United States for all costs.
4. All rights exercised herein shall be in accordance with all applicable
statutes, orders, rules, and regulations of any public authority having
jurisdiction.
5. The waiver of a breach of any of the provisions of the easement shall not
be deemed to be a waiver of any other provision or a subsequent breach of a
provision.
6. The Easement Fee shall be a one-time payment of $6,870.00 as set forth in
an appraisal dated March 3, 1994.
7. The County hereby agrees to indemnify and hold harmless the United States,
its agents and employees, and the District, its Directors, employees, agents,
and contractors, from any loss or damage and from any liability on account of
personal injury, death, or property damage, or claims for personal injury,
death, or property damage of any nature caused by any person, firm, or
corporation authorized to act on behalf of the County with regard to the
County's activities under this easement. Throughout the period of said
construction, County or its contractor, shall maintain in force policies of
liability insurance, providing limits of not less than $1,000,000 for each
2
person and $2,000,000 for each occurrence for bodily injury or death, and not
less than $1,000,000 property damage. Said policies shall name the United
States, the District, its Directors, Employees, Agents, and Contractors, as
additional insured and shall provide that the policy will not be canceled or
reduced in coverage without ten (10) days prior notice from the County. Prior
to commencement of said construction, County shall cause to be delivered to
the Tracy Office, Bureau of Reclamation a copy of the certificate of insurance
reflecting all essential coverage.
8. This grant of easement shall not constitute nor be construed as any
surrender or subordination to the County of the jurisdiction or supervision of
the United States over the remaining interest of the United States in the land
described in this easement contract.
9. The rights and privileges granted in this easement shall benefit and be
binding upon the successors and assigns of the County.
10. The County warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies
maintained by the County for the purpose of securing business. For breach or
violation of this warranty, the United States shall have the right to annul
this agreement without liability or in its discretion to deduct from this
agreement price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
11. No member of or delegate to Congress or resident Commissioner, shall be
admitted to any share of part of this contract, or to any benefit that may
arise from this contract. This provision shall not be construed to extend to
this contract if made with a corporation for its general benefit.
12. There is reserved from the rights granted in this easement, the prior
right of the United States to construct, operate, and maintain public works
now or in the future authorized by Congress without liability for severance or
other damage to the County's facilities, including the right to terminate when
lands are needed for project purposes; provided, however, that if such
reserved rights are not exercised from facilities authorized by the Congress
within 10 years following the date of this grant, they will not be exercised
unless the County, or the County's successor in interest is notified of the
need and grants an extension or waiver. If no extension or waiver is granted,
the United States will compensate or institute mitigation measures for any
resultant damages to works placed on land in accordance with the easement
rights granted the County's compensation shall be in the amount of the cost of
reconstruction of the County's works to accommodate the exercise of the United
States reserved rights. As alternatives to such compensation, the United
States, at its option and at its own expense, may mitigate the damage by
reconstructing the County's works to accommodate the United States facilities,
or may provide other adequate mitigation measures for any damage to the
County's property or right. The decision to compensate or mitigate is that of
the United States.
3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as of the day and year first above written.
THE UNITED STATES OF AMERICA
Ass-` gio'nbnri4upervisor of
Water and P w r Resources Management
ACCEPTED: Mid-Pacific gion
Bureau of Reclamation
Countyof Contra Costa
By 4Z,,--,z2 Noted:
Chairmanf the Board
Supervisors Contra sta Water Dis ict
ATTEST: BY --
Clerk of the Board ,4oa President, B rd of Di ctors
of Supervisors and County
Administrator
ATTEST:
BY 3�6'y' 'JILA;
Deputy BY _
Secretary,
Board of Directors
APPROVED AS TO FORM:
APPROVED TO :
By
s . Gt 6 nsel
Deputy -County ounsel
r,
v
1
STATE OF CAUFORNIA )
COUNTY OF CONTRA COSTA )
` �- .Tune 7 1994
On before me,
Phil-Batchelor, Clerk of the Board of
Supervisors and County Administrator, Contra
Costa County, personally appeared
Gavle Bishop
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.
By. xa&a -x'11
Deputy:Clerk
AIG 1a �,
State of California }
}
County of Sacramento }
On August 22. 1994 before me, Cathy S. Galletta. Notary Public
DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC"
personally appeared Gary T. Sackett, Regional Supervisor of Water and Power
Resources .
NAME(S)OF SIGNER(S)
personally known to me - OR -
to be the personA whose name($ 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(a) on the instrument the person($, or
the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Cathy S. Galletta
U Comm 11915938 �
NOTARY PUBLIC CALIFORN SIGNATURE OF NOTARY
g SACRAMENTO COUNTY
_ ,'�J C+smm pkpros Apnl x.1006 +
EIJXHIBIT " A "
PARCEL 6A. 1: (Road and Utility Easement)
Real property in the southeast quarter of the southeast quarter of Section 27,
Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County,
California, being a portion of that parcel of land described in the deed to
the United States of America recorded March 10, 1938 in Volume 460 of.official
Records at page 16, described as follows:
Commencing in the intersection of Empire Avenue and Laurel Road at the iron
pipe marking the southeast corner of Section 27 (T2N,R2E) ; thence along the
east line of said Section 27, North 0*55'16" East 115.96 feet, to the
northeast corner of said parcel of land described in the deed to the United
States of America (460 O.R. 16); thence along the northerly line of said
parcel of land North 89020'29" West (Rec. South 89056' West) 22.50 feet to a
point on the west right of way line of Empire Avenue and the Point of
Beginning for this description; thence from the Point of Beginning along the
west right of way line of Empire Avenue, South 0055'16" West 93.32 feet, to
the north right of way line of Laurel Road; thence along said north line,
North 88059'22" West 40.50 feet, to a point hereinafter referred to as Point
"B"; thence leaving said north line, North 0*55'16" East 115.66 feet, to a
point hereinafter referred to as Point "C" on the northerly line of said
parcel of land to the United States of America (460 O.R. 16); thence along
Msaid northerly line as follows: (1) South 50000'29" East (Rec. North 50044'
;b
West) 23.12 feet to a curve concave to the northeast having a radius of 35.00
feet, (2) along the arc of said curve, southeasterly and easterly 24.03 feet,
through a central angle of 39*20'00", and (3) South 89*20'29" East (Rec. South
89056' West) 0.33 feet to the Point of Beginning.
Containing an area of 4,104 square feet (0.0942 acre) of land,. more or less.
PARCEL 68. I: (Road and Utility Easement)
Real property in the southwest quarter of the southwest quarter of Section 26,
Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County,
California, being a portion of PARCEL 6 described in the Final Judgment in
favor of the United States of America *dated June 21, 1941 and recorded in
Volume 614 of official Records at page 399, described as follows:
Commencing in the intersection of Empire Avenue and Laurel Road at the iron
pipe marking the southwest corner of Section 26 (T2N, R2E); thence along the
south line of said Section 26, South 89024'00" East 22.50 feet, to the Point
of Beginning on the east right of way line of Empire Avenue; thence from the
Point of Beginning along said east line, North 0055'16" East 140.12 feet, to
the north line of said PARCEL 6 (614 O.R. 399) ; thence along said north line,
South 89024'00" East (Rec. North 89058' East) 12.50 feet, to a point
hereinafter referred to as Point "D"; thence leaving said north line, South
0055'16" West 107. 12 feet, to a point hereinafter referred to as Point "E";
thence South 89024'00" East 331.51 feet; thence South 0036'00" West 33.00
feet, to a point hereinafter referred to as Point "F" on the south line of
said Section 26, also being the north right of way line of Laurel Road; thence
along said connon line, North 89024'00" West 344.20 feet, to the Point of
Beginning.
Containing an area of 12,694 square feet (0.2914 acre) of land, more or less.
PARCEL 6T-1: (Temporary Construction Easement to Expire December 31, 1994 or
at end of construction, whichever comes first)
Beginning on the north right of way line of Laurel Road at Point "B" described
in PARCEL 6A. 1 of this document; thence from the Point of Beginning along said
north line, North 88059'22" West 40.47 feet, to the southwest line of said
United States of America parcel (460 O.R. 16) ; thence along said southwest
line, North 50000'29" West (Rec. South 50044'East) 7.95 feet; thence leaving
said southwest line, South 88059'22" East 26.24 feet; thence North 0055'16"
East 23.00 feet; thence South 62'26'32" East 22.38 feet to the west line of
said PARCEL 6A.1; thence along said west line, South 0055'16" West 18.00 feet,
to the Point of Beginning.
Containing an area of 576 square feet (0.0132 acre) of land, more or less.
PARCEL 6T-2: (Temporary Construction Easement to Expire December 31, 1994 or
at end of construction, whichever comes first)
Beginning at Point "C" described in PARCEL 6A. 1 of this document; thence from
the Point of Beginning along the west line of said PARCEL 6A.1, South 0055,16"
West 61.66 feet; thence leaving said west line, North 50000'29" West 30.00
feet; thence North 20052'35" East 50.66 feet to the northerly line of said
parcel of land to the United States of America (460 O.R. 16); thence along
said northerly line, South 50000'29" East (Rec. North 50044' West) 7.73 feet,
to the Point of Beginning.
Containing an area of 903 square feet (0.0207 acre) of land, more or less.
PARCEL 6T-3.- (Temporary Construction Easement to Expire December 31, 1994 or
at end of construction, whichever comes first)
Beginning at Point "D" described in PARCEL 6B. 1 of this document; thence from
the Point of Beginning along the north line of PARCEL 6 (614 O.R. 399), South
89024'00" East 50.00 feet; thence leaving said north line, South 0055'16" West
74.12 feet; thence North 89024'00" West 50.00 feet to the boundary of said
PARCEL 6B.1; thence along said boundary, North 0055'16" East 74.12 feet, to
the Point of Beginning.
Containing an area of 3,706 square feet (0.0851 acre) of land, more or less.
PARCEL 6T-4: (Temporary Construction Easement to Expire December 31, 1994 or
at end of construction, whichever comes first)
Beginning at Point "E" described in PARCEL 6B. 1 of this document; thence from
the Point of Beginning along the boundary of PARCEL 6B. 1, North 0055'16" East
2.00 feet; thence leaving the boundary of PARCEL 6B.1, South 89024'00" East
331.50 feet; thence South 0036'00" West 2.00 feet to the most northeastern
corner of said Parcel 6B.1; thence along the boundary of said PARCEL 6B.1,
North 89024'00" West 331.51 feet, to the Point of Beginning.
Containing an area of 663 square feet (0.0152 acre) of land, more or less.
PARCEL 6T-5: (Temporary Construction Easement to Expire December 31, 1994 or
at end of construction, whichever comes first)
Beginning at Point "F" described in PARCEL 6B. 1 of this document; thence from
the Point of Beginning along the boundary of said PARCEL 6B.1, North 0*36'00"
East 33.00 feet; thence leaving the boundary of said PARCEL 6B.1, South
89024'00" East 420.00 feet; thence South 0036'00" West 33.00 feet to the south
line of said Section 26, also being the north right of way line of Laurel
Road; thence along said common line, North 89024'00" West 420.00 feet, to the
Point of Beginning.
Containing an area of 13,860 square feet (0-3182 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
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Project: Empire Avenue Bridge
Replacement
Interest: Easement
Price/Area: Oakley
W.O. No.:4017
CERTIFICATE NO. 94-6
Real Property Acceptance
Ordinance Code Chapter 1108-8
County Ordinance 94-25
This is to certify that the interest in real property conveyed by Road and Utility Easement
dated August 22, 1994 from The United States of America to County of Contra Costa is
hereby accepted by the undersigned Public Works Director of Contra Costa County, or
authorized designee, pursuant to authority conferred by Ordinance No. 94-25 of Contra
Costa County, and the grantee consents to recordation thereof by its duly authorized
officer.
DATED: BY:
Public Works Director, Contra Costa County
CE3_6.t10
cc: Auditor-Controller
Accounting Division