HomeMy WebLinkAboutMINUTES - 02061996 - D5 h ,
TO: BOARD OF SUPERVISORS
v
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
i
DATE: February 6, 1996
SUBJECT: Quitclaim of Solano Way
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE Resolution No. 96/51 to quitclaim Solano Way to Tosco Corporation and AUTHORIZE
the Chair to sign the Quitclaim Deed on behalf of the County.
DIRECT the Real Property Division to deliver the Quitclaim Deed to Tosco Corporation.
It. Financial Impact:
None
111. Reasons for Recommendations and Background:
The Board of Supervisors considered Resolution 96/51at the January 23, 1996 meeting. Concern
was expressed regarding compliance with CEQA though no specific environmental issue was
cited. The Board delayed action on the Resolution until the February 6, 1996 meeting. This
report is to provide information on what has transpired so far in the closure of Solano Way.
Tosco requested a General Plan Amendment and the vacation of Solano Way and portions of
Waterfront Road. The request was based on the fact that Solano Way bisects the refinery and
associated public safety issues and impacts on refinery operations.
An Environmental Impact Report (EIR) was prepared for this project. The EIR included a review
of the Circulation Element for the North Concord/East Martinez area and area trails. During
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE ^OTHER
SIGNATURE(S):
ACTION OF BOARD ON } tp 19I/v APPROVED AS RECOMMENDED_OTHER_
IT IS BY THE BOARD ORDERED that Resolution 96/51 is ADOPTED.
V?7,,OF SUPERVISORS
✓✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
JRB:eh
g:\transeng\B06Tosco.t2
lhereby certify that this isatrueSndCOrreftCoAYot .
an action taken and entered on the minutes of the
Orig. Div: Public Works Board of Supervisors on the date shown.,
hown.99
Contact: Julie Bueren (510) 313-2342 ATTESTED:
PHIL SATCHEMR,cier of the Board
cc: CAO of Supervisors and county Administrator
County Counsel
Community Development BY �eputy
Recorders Office
Tosco Corporation
Quitclaim of Solano Way
February 6, 1996
Page 2
III. Reasons for Recommendations and Background: (Continued)
the EIR processing, County staff negotiated a Memorandum of Understanding (MOU) with Tosco
on a range of conditions and contributions that Tosco could make to offset the impact of closing ,
Solano Way. After a public hearing on the EIR, the County Zoning Administrator recommended
approval of the Final EIR.
The County Planning Commission adopted Resolution No. 32-1995 recommending adoption of
the General Plan Amendments to the Board of Supervisors.
On December 12, 1995, the Board of Supervisors held a public hearing on the Final EIR. The
Board certified the Final EIR. A Notice of Determination was filed on December 18, 1995. The
statute of limitations for legal challenges on the basis of CEQA expired on January 18, 1996.
At the December 12th meeting, the Board also adopted Resolution 95/605 approving the General
Plan Amendments and adopted Resolution 95/606 to vacate Solano Way and portions of
Waterfront Road. The Board also approved the MOU between the County and Tosco to offset
some of the impacts of the Solano Way Closure. One important change to the General Plan is
that in addition to the closure of Solano Way, the Waterbird Way Extension was also removed
from the Circulation Element of the General Plan.
The MOU between Tosco and the County includes establishment of a Solano Way Transportation
Trust Fund for transportation improvements in the area, contributions to East Bay Regional Park
District towards the Walnut Creek Channel trail and contributions to the Vine Hill Neighborhood,
the Pacheco Town Center, the Mountain View Sanitary District for marshland management and
the Martinez Land Trust. Tosco has agreed to allow the Flood Control District to use Tosco
property for a dredge management site for dewatering and transfer of dredge materials from the
Walnut Creek Channel. The MOU also stipulates that Solano Way will physically remain and
will be available for use by the public during emergencies, including transfer and garbage trucks,
for oversized permit loads and for access to the Point Edith Marsh.
At this time, all approvals necessary to close Solano Way have been adopted, the public road
abandonment is complete and the road has been closed. A decision at this time to reverse
previous actions on the closure could require the County to purchase the necessary rights of way.
We would also be in violation of the MOU with Tosco and subject the County to possible legal
actions.
The current action before the Board is approval of the Quitclaim Deed. Tosco has made the
initial contribution to the Solano Way Transportation Trust Fund which is to trigger the transfer
of the road deed per the MOU. The purpose of the Quitclaim is to convey the County's rights to
Solano Way to Tosco. This relieves the County of any potential future liability. The County
reserves the right to reopen Solano Way if either the conditions of the MOU are not met or if the
Tosco Refinery is closed .
IV. Consequences of Negative Action:
Failure to approve the Quitclaim Deed may expose the County to legal challenges.
FEB =X1996 46 Z36Z4
Recording Requested By:
RECORDED AT REQUEST OF
Return to:
FEB 81996
AT 6-�'CIQCK M
CONTRA COSTA COUNTYCO YCS
STEPHEN L.WEIR
COUtiTY ER
FEE: �
Document Title{s}
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 6, 1996, by the following vote:
CD
AYES: SUPERVISORS ROGERS, BISHOP, DESAULNIER, TORLAKSON, SMITH
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 96/ 51
(S & H § 8355)
Subject: Quitclaim of County Interest in Real Property
Concord Area
W.O. No. 1600
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On December 12, 1995, the Board adopted Resolution No. 95/606 which vacated
portions of Waterfront Road and Solano Way. This Board hereby DETERMINES that said
land, described in Exhibit 'A" and as shown on Plat Map Exhibits "B," "B-1," "B-2," and
"B-3," attached hereto, was previously subject to a street, highway or public service
easement, and is no longer needed by the public.
Pursuant to Streets and Highways Code Section 8355, and in consideration of the
terms and conditions of the MOU being satisfied (Exhibit "C" and incorporated herein by
reference), the Board hereby APPROVES the quitclaim of said property to Tosco
Corporation and AUTHORIZES the Chair to sign a Quitclaim Deed on behalf of the
County.
The Real Property Division is DIRECTED to cause said deed to be delivered to
grantee together with a copy of this Resolution.
This conveyance request is part of a larger project for which an EIR was prepared
and approved by the Board. The project has been determined to conform to the County's
General Plan.
Orig. Dept.: Public Works(R/P)
Contact: Ronald Babst(510) 313-2226 1here
tSycerdfythatthis isatrue and correct copy of
cc: Public Works Accounting (via R/P) an action taken and entered on tho minutes of the
Board of Supervisors on the date Shown.
Grantee (via R/P) ATTESTED: FEBRUARY 6, -1996
PHIL BATCHELOR,Cierk of the Board
of Supervisors and county Administrator
RB:glo
g:Vea1prop4emp\br189.1:1 BY JJL�
January 4,1996 .Deputy
to
RESOLUTION NO. 96/ 51
' 1
October 18, 1995 Quitclaim Deed
file: no8635100.gtc
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EXHIBIT "A"
All that real property situated in the unincorporated area
of Martinez, County of Costa County, State of California,
described as follows:
PARCEL ONE (Solano Way)
Portion of the Rancho Monte Del Diablo and a portion of
Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Solano Way , a County road, and running in a general
northwesterly direction for approximately 2.4 miles.
Bounded on the south by the following described line:
Beginning in the northerly line of Arnold Industrial Way
shown as "Frontage Road" on sheet 11 of 11 of the map
entitled "REL NO . 40382, Relinquishment in the County of
Contra Costa" , filed December 21, 1982, State Highway Map
Book No. 8, pages 1i through 21, inclusive, Contra Costa
County Records, at the point of compound curve of a curve
concave to the north having a radius of 1951 .00 feet, with a
curve concave to the northeast having a radius of 20.00
feet, a radial line of said curve at said point of compound
curve bears North 10-42-26 West; thence from said point of
beginning, in a direct line, South 89-43-21 West, 148.43
feet to a point in the northerly line of Imhoff Drive
"Frontage Road" at the southwesterly terminus of the course
shown as South 64-32-20 West, 9 .75 feet on said sheet 11 of
11 (State Highway Map Book No. 6, pages 14 through 24) .
Bounded on the north by southerly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded January 16, _1913, Book 194 Deeds, page 269, being
the southerly line of Waterfront Road, a County road .
PARCEL TWO (Waterfront Road)
Portion of Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Waterfront Road, a County road, and running in a
general northeasterly direction for approximately 0.6. miles .
Page 1 of 3
Bounded on the west by the following described line:
Beginning at a point in the northeasterly line of Waterfront
Road being the northeasterly line of the parcel of land
described in the deed to the County of Contra Costa, vj
recorded February 18, 1915, Book 239 Deeds, page 381 , Contra
Costa County Records, distant thereon North 58-39-30 West,
38.89 feet from the most westerly corner of the parcel of X1.1
land described in the deed to the County of Contra Costa, GJ
recorded August 8, 1916, Book 628 Official Records, page
198; thence from said point of beginning South 16-39-30
East, 122.79 feet to the southerly line of the parcel of
land described in the deed to the County of Contra Costa,
recorded January 16, 1913, Book 194 Deeds, page 269, being
the southerly line of said Waterfront Road .
Bounded on the east by the southeasterly extension, South
50-52-40 East, of the northeasterly line of the parcel of
land described as Parcel One in the deed to Monsanto
Chemical Company, recorded June 30, 1952, Book 195q Official
Records, page 24S .
PARCEL THREE (Waterfront Road)
An easement, not to be exclusive, for access and utilities
purposes and appurtenances thereto, as an appurtenance to
Parcel One and Two above, described as follows:
Portion of Swamp and Overflow Lands, described as follows:
All that portion of the parcel of land, known as Waterfront
Road, described in the deed to the County of Contra Costa,
recorded June 18, 1913, Book 205 Deeds, page 1q1 , Contra
Costa County Records;
Bounded on the west by the southeasterly extension, South
50-52-40 East, of the northeasterly line of the parcel of
land described as Parcel One in the deed to Monsanto
Chemical Company , recorded June 30, 1952, Book 19Sq Official
Records, page 245;
Bounded on the south by the south line of said Contra Costa
County parcel (205 Deeds 1q1) ;
Bounded on the east by the west line of the parcel of land
described as Parcel Four - Waterfront Road, in the Quitclaim
Deed to the United States of America, recorded Febuary 12,
1990, Book 15653 Official Records, page 659;
Bounded on the north by the north line of Parcels One and
Two as described in the grant deed to the County of Contra
,Costa, recorded April 19, 1967, Book 5350 Official Records,
page 99 .
Page 2 of 3
RESERVING THEREFROM PARCELS ONE, TWO and THREE: Pursuant to
the provisions of Section 6340 of the Streets and Highways
Code, the easement and right at any time, or from time to
time, to construct, enlarge, maintain, operate, replace,
remove, and renew those existing and in place utilities, as
of the date of the recording this instrument, in, upon, over
and across any highway or part thereof proposed to be
abandon, including access to protect the property from all
hazards, in, upon, and over the area herein before described
to be abandoned .
This real property description has been prepared by me or
under my direction, in conformance with the Professional
Land Surveyors Act .
Signature:
Licensed Land Survey r
Ebit€ 4 GRAY. p 1
Date: 8v V
��F Gatti
Page 3 of 3
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EXHIBIT C
MEMORANDUM OF UNDERSTANDING to
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November 13, 1995 W
2�3
,A
RE: SOLANO WAY CLOSURE
1. Non-Moneta Items
tems
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solan Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
-1-
triggered if all refinery operations are closed for one year or longer. C�
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d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks W
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solan Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
-2-
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the 1V
W
turnarounds as long as the closure agreement exists. 0'r
,A
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the remaining
nine (9) years for payments totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
-3-
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute$1,000,000.00 per the following approved payment plan by the East
C.7
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00;and on the anniversary date thereafter,$100,000.00 per year over
the following six (6) years for a total of$1,000,000.00. All contributions will W
be paid,to the East Bay Regional Parks Foundation, a Non-Profit 501C(3) .
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solano Way.
C. Vine Hip Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solano Way.
-4-
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solano Way.
CO
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0021000R
11/13/95
Eta Of OOCOMENi