HomeMy WebLinkAboutMINUTES - 03121996 - C8 Q
CSU
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 12, 1996
SUBJECT: DRAINAGE AREA 48C - BAY POINT AREA
Project No.: 0651-61_5036 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT.Grant of Pipeline Easement from Union
Pacific Railroad Company.
B. AUTHORIZE Public Works Director to execute said Right of Way Contract and.Easement
on behalf of the County.
C. APPROVE payment of$12,051.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Union Pacific Railroad Company,
1416 Dodge Street, Suite 1214, Omaha, Nebraska, 68179, to be forwarded to the Real
Property Division for delivery.
Continued on Attachment:X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MARCH 12, 1996 APPROVED AS RECOMMENDED_)L OTHER_
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT TTT )
AYES: NOES:
ABSENT: ABSTAIN:
RB:glo
gArealprop\temp\BO212.t3 i hereby certify that this is a true and correct copy of
Orig.Div: Public Works(RIP) an action taken and entered on the minutes of the
Contact: Ronald Babst(313-2226) Board of Supervisors on the date shown.
cc: County Administrator ATTESTED: MARCH 19 1 AA6
Auditor-Controller(via R/P) PHIL BATCHELOR,Clerk of the Board
P.W.Accounting of Supervisors and County Administrator
Recorder(via R/P)
By , eputy
D. DIRECT the Real Property Division to have the above referenced Grant of Pipeline
Easement recorded in the office of the County Recorder.
II. Financial Impact:
Payment of$12,051.00 from developer funds.
111. Reasons for Recommendations and Background:
These property rights are required for the construction of drainage facilities in DA-48C and were
acquired in conjunction with the offsite improvement conditions of Minor Subdivision 43-88.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
RECORDED AT THE REQUEST OF:
CONTRA COSTA COUNTY
RETURN TO:
CONTRA COSTA COUNTY F
PUBLIC WORKS DEPT
REAL PROPERTY DIV
255 GLACIER DR
MARTINEZ CA 94533
ATTN: RON BABST
CCCESMT.DOC Folder No.529-71
Non-Standard Form Approved,AVP-Law
GRANT OF PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS INDENTURE,made by and between UNION PACIFIC RAILROAD COMPANY,a Utah corporation
(hereinafter "Grantor"), and CONTRA COSTA COUNTY, CALIFORNIA, a political subdivision of the State of
California(hereinafter"Grantee").
WITNESSETH:
That the Grantor, for value received, hereby grants to the Grantee, its successors and assigns, an easement
("Easement")for the purposes of laying down,constructing,maintaining,operating and using for drainage purposes and
transmission of drainage water,a drainage facility(hereinafter"Flood Control Facility")for use in connection therewith under
that certain real property in the County of Contra Costa,State of California,described as follows:
Real property in the unincorporated area of West Pittsburg,Contra Costa County,California,being a
portion of the south half of the southwest quarter of Section 4,Township 2 North,Range 1 West,Mount
Diablo Meridian.
References to maps,ownerships,property lines,and right of way lines are to records of said County.
Bearings are based on the California Coordinate System Zone III (CCS27) as shown on the map of
Subdivision MS 43-88 filed October 28, 1988 in Book 136 of Parcel Maps at page 32.
A portion of Union Pacific Railroad Company(hereinafter referred to as U.P.R.R.)right of way(formerly
Sacramento Northern Railroad shown as S.N.R.R.on said map)described as follows:
Beginning on the south right of way line of U.P.R.R.at the east line of PARCEL"B"(136 PM32),being
a curve concave to the south having a radius of 1,870.00 feet,to which a radial bears north 11°22'47"
east;thence from the Point of Beginning, along the arc of said curve,westerly 18.86 feet, through a
central angle of 0°34'40';thence leaving said south right of way line,north 18°43'51"east 80.74 feet,to
the north right of way line of said U.P.R.R. being a non-tangent curve concave to the south having a
radius of 1,950.00 feet,to which a radial bears north 11°07'45"east;thence along the arc of said curve,
easterly 186.26 feet,through a central angle of 5°28'22",to a point on the south right of way line of S.P.T.
Co., also being the most eastern corner of PARCEL"B"(136 PM 32);thence along the common line
between S.P.T.Co.and U.P.R.R.,south 71018'59"east 1,619.26 feet;thence south 18°41'01"west 11.50
feet to a point on a line parallel with and 11.50 feet southerly (measured at right angles) from said
common line between S.P.T. Co.And U.P.R.R.;thence along said parallel line,north 71018'59"west
52971.est Page 1 of 2 August 22,1995
1 �� O
1,548.43 feet;thence north 77°08'31"west 237.61 feet;thence south 18°43'51"west 58.09 feet to south
right of way line of U.P.R.R.,being a curve concave to the south having a radius of 1,870.00 feet,to
which a radial bears north 11°25'13"east;thence along the arc of said curve,westerly 1.32 feet,through
a central angle of 0°02'26",to the Point of Beginning.
Containing an area of 24, 101 square feet(0.554 acres)of land,more or less.
It is understood that the undersigned Grantor grants only the portion of land described which is owned by said
Grantor,or in which said Grantor has an interest.
The Easement herein granted shall include the right by said Grantee,its officers,agents and employees,and by
persons under contract with it and their employees whenever and wherever necessary for flood control purposes,to enter
upon said land with personnel,vehicles and equipment,to remove all trees and vegetation thereon that interfere with the
purpose for which the Easement is granted.
The Easement herein granted shall be subject to the terms,conditions,and limitations as delineated and described
in Exhibit B attached hereto and made a part hereof.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's
successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this indenture this day of
1199
ATTEST: UNION PACIFIC RAILROAD COMPANY
X By
Assistant Vice-President Contracts&Real Estate
(Seal)
ATTEST: CONTRA COSTA COUNTY,CALIFORNIA
X By
Title:
(Seal)
52971.est Page 2 of 2 August 22,1995
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CONTRA.EXB 950821 CONTRA COSTA COUNTY,CALIFORNIA C'
Non-Standard Form Approved,AVP-Law PUBLIC WORKS DEPARTMENT
EXHIBIT "B"
TERMS,CONDITIONS AND LIMITATIONS
RUNNING WITH EASEMENT
SECTION 1. LIMITATIONS AND RESERVATIONS
(a) This grant is subject and subordinate to the prior and continuing right and obligation of Grantor,its successors and
assigns,to use all the property described herein in the performance of its business as a common carrier,and for that purpose
there is reserved unto Grantor, it successors and assigns, the right to maintain and use railroad tracks, facilities and
appurtenances and transportation,communication and pipeline facilities and appurtenances in,upon,over,under,across and
along said Easement.
(b) The right hereby granted to Grantee is subject to any existing encumbrances and rights(whether public or private),
and also to any renewals thereof(provided such renewals are on the same terms and conditions), and Grantor makes no
covenant or warranty of title,for quiet possession or against any existing encumbrances.
(c) The Easement hereby granted is non-exclusive. The Grantor reserves the right to use and to grant to others the right
to use the Easement in any manner and for any purpose which does not unreasonably interfere with or diminish the Easement
herein conveyed to Grantee. Grantor shall have the right to maintain,operate,repair and replace existing trackage and
railway bridges,as well as the right to maintain,operate,repair,and replace future trackage and railway bridges within said
Easement. Grantor shall also have the right to construct and install facilities,appurtenances,signal lines,fiber optic lines,
communication lines,or power lines and all kinds of equipment(collectively the"Improvements")within said Easement,
provided that such improvements,including the construction or installation,thereof,do not unreasonably interfere with or
diminish the Easement herein conveyed to Grantee.
(d) The Grantee shall not use or permit use of said Easement for any purposes other than those described in this
Easement.
(e) Notwithstanding anything to the contrary contained herein,Grantor shall have the right to construct,reconstruct,
maintain,and use any future railroad tracks,facilities,and appurtenances and future transportation,communication, and
pipeline facilities and appurtenances over,under, across,and along said Easement provided such future tracks,facilities,
and appurtenances do not unreasonably interfere with or diminish the Easement herein granted to Grantee. Grantor shall
give Grantee ninety(90)days prior written notice of any plans for such future tracks,facilities and appurtenances.
SECTION 2. CONSTRUCTION,MAINTENANCE AND OPERATION
(a) Grantee shall install and maintain the flood control facility in conformity with the laws of the State of California.
Grantee agrees that it will,at its sole expense,construct said drainage improvements and maintain the same.
(b) Grantee shall cooperate with Grantor to ensure the safety and continuing operation of its track or tracks during the
time of construction,maintenance,repair,renewal,modification,relocation,or reconstruction of the flood control facility
or any improvements thereon.
(c) All initial construction work ofthe Grantee shall be commenced within two years and shall be performed diligently
and completed within a reasonable time,and in any event within one year from the beginning of construction,or within such
further period of time as may be permitted in writing by the Grantor,which permission shall not be unreasonably withheld.
It is understood that the Grantor's tracks at and in the vicinity of the work will be in constant or frequent use during progress
of the work,and that movement or stoppage of trains,engines or cars may cause delays in the work of the Grantee. The
Grantee hereby assumes the risk of any such delays and agrees that no claims for damage on account of such delay shall be
made against the Grantor.
contra.exb Page I Exhibit B
CONTRA.EXB 950821 CONTRA COSTA COUNTY,CALIFORNIA
Non-Standard Form Approved,AVP-Law PUBLIC WORKS DEPARTMENT VVV
SECTION 3. NOTICE OF COMMENCEMENT OF WORK
If any emergency should arise requiring immediate work,the Grantee shall provide as much notice as practicable
to Grantor's local superintendent before commencing any work. In all other situations,the Grantee shall notify the Grantor's
local superintendent at least 48 hours (or such shorter time as the superintendent may allow) in advance of the
commencement of any work within the Easement area in connection with the construction,repair,renewal,modification,
reconstruction,relocation,or removal of the flood control facility,excepting only periodic inspection and routine maintenance
of the flood control facility which will not interfere with the trackage. Grantee shall also give at least 24 hours advance notice
to Grantor's local superintendent of proposed performance of any work by the Grantee in which any person or equipment
will be within 25 feet of any track;or will be near enough to any track that any equipment extension(such as,but not limited
to, a crane boom)will reach to within 15 feet of any track. Upon receipt of such notice,the Grantor will determine and
inform,within 48 hours,the Grantee whether a flagman need be present and whether the Grantee need implement any special
protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Grantor,
such services will be provided at Grantee's expense with the understanding that if the Grantor provides any flagging or other
services,the Grantee shall not be relieved of any of its responsibilities or liabilities set forth herein.
SECTION 4. INTERFERENCE
(a) It is expressly understood and agreed that Grantee shall use said Easement area without interference or damage to
any railroad trackage. In the operation and maintenance of the flood control facility,the Grantee shall take all reasonable
precautions required to prevent any interference or damage to any existing pipe lines,electric transmission lines,telephone
lines,telegraph lines and other facilities of like character.
(b) If,at any time,the operation or maintenance of the flood control facility results in any electrostatic effects which
cause interference with the operation of the signal,communication lines,or other installations or facilities,as such facilities
now exist,Grantee shall,at the sole expense of the Grantee,immediately take such reasonable action as may be necessary
to eliminate such interference.
SECTION 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS
Fiber optic cable systems may be buried on the Grantor's property. Grantee shall telephone the Grantor at 1-800-
336-9193,(a 24-hour number)to determine if fiber optic cable is buried anywhere on the Grantor's premises to be used by
the 'I icensee�If Grantor advises Grantee that it is,Grantee will telephone the telecommunications company(ies)involved,
arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to
beginning any work on the Grantor's premises. Grantor will reasonably cooperate with Grantee and provide information
on fiber optic cable system known to the Grantor in the general area of the grant.
SECTION 6. CLAIMS AND LIENS FOR LABOR AND MATERIAL
(a) The Grantee shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced
against the Property for any work done or materials furnished thereon at the insistence or request or on behalf of the Grantee.
(b) Grantee will not pernut encumbrances of easement or flood control facilities save and except blanket encumbrances
given to secure the indebtedness evidenced by bonds or other debt instruments issued by Grantee.
SECTION 7. RESTORATION OF PROPERTY
(a) If the Grantee,in connection with the construction,maintenance,repair,renewal,modification or reconstruction
of the flood control facility,or the improvements thereon,or in the performance of any work contemplated by this Easement
or by the failure to do or perform anything for which the Grantee is responsible under the provisions of this Easement,shall
injure,damage or destroy any property of the Grantor or of any other person lawfully occupying or using the property of the
Grantor, such property shall be replaced or repaired by the Grantee,to the reasonable satisfaction of the Grantor, at the
Grantee's own expense,or by the Grantor,pursuant to the default provisions set forth in Section 9,at the expense of the
contra.exb Page 2 Exhibit B
CONTRA.EXB 950821 CONTRA COSTA COUNTY,CALIFORNIA
Non-Standard Form Approved,AVP-Law PUBLIC WORKS DEPARTMENT
Grantee.
(b) If the Grantor,in connection with the construction,maintenance,repair,renewal,modification or reconstruction
of the tracks,roadbed,equipment or other property of Grantor,or in the performance of any work related thereto,or by the
failure to do or perform anything for which the Grantor is responsible under the provisions of this Easement,shall injure,
damage or destroy any property of the Grantee or of any other person lawfully occupying or using the property of the Grantee,
such property shall be replaced or repaired by the Grantor,to the reasonable satisfaction of the Grantee,at the Grantor's own
expense,or by the Grantee,pursuant to the default provisions set forth in Section 9;at the expense of the Grantor.
SECTION 8. INDEMNITY
(a) Grantee agrees to indemnify and hold harmless the Grantor from any loss which is due to or arises from:
1. The prosecution of any work by Grantee pursuant to this Agreement including the construction,
maintenance,repair,renewal,modification,reconstruction,relocation,or removal or the flood control facility or
any part thereof;or
2. The Grantee's operation,use,or maintenance or the flood control facility,the fences and improvements
erected thereon,or products conducted through or escaping therefrom.
"Loss" includes loss,damage,claims,demands, actions,causes of action„penalties,costs, and expenses of whatsoever
nature, including court costs and attorneys'fees,. which may result from: (i) injury to or death of persons whomsoever
(including the Grantor's officers,agents,and employees,the Grantee's officers,agents,and employees,as well as any other
person); and (ii) damage to or loss or destruction of property whatsoever (including damage to the roadbed, tracks,
equipment,or other property of the Grantor,or property in its care or custody).
(b) Upon written notice from Grantor,Grantee agrees to assume the defense of any lawsuit,administrative action or
other proceeding brought against Grantor by any public body,individual,partnership,corporation, or other legal entity,
relating to any matter covered by this Easement for which Grantee has an obligation to assume liability for and/or to save
and hold harmless Grantor. Grantee shall pay all the costs incident to such defense,including,but not limited to,attorneys'
fees,investigators'fees,litigation expenses,settlement payments,and amounts paid in satisfaction of judgments. Any and
all lawsuits or administrative actions brought or threatened on any theory of relief available at law,in equity,or under the
rules of any administrative agency shall be covered by this section,including,but not limited to,the theories of intentional
misconduct,negligence,breach of statute or ordinance,or upon any theory created by statute or ordinance,state or federal.
SECTION 9. REMEDIES FOR ABANDONMENT OR BREACH
(a) If the Grantee formally abandons the rights herein granted,the Grantor may,at its option,upon 90 days written
notice to Grantee,immediately terminate this Easement. Grantee shall relinquish any claims to title of said property upon
abandonment of the rights herein granted.
(b) If the Grantee or Grantor shall fail,refuse or neglect to perform and abide by the covenants in the Easement,the
non-defaulting party may provide the defaulting party with 90 days written notice of default.
(c) The Grantee agrees that abandonment or termination of the Easement shall not affect any rights,obligations or
liabilities of the parties,accrued or otherwise,which may have arisen prior to such abandonment or termination.
SECTION 10. WAIVER OF BREACH
The waiver by either party of the breach of any condition,covenant or agreement herein contained to be kept,
observed and performed shall in no way impair the right of such party to avail itself of any subsequent breach thereof.
contmexb Page 3 Exhibit B
' CONTRA.EXB 950821 CONTRA COSTA COUNTY,CALIFORNIA n
Non-Standard Form Approved,AVP-Law PUBLIC WORKS DEPARTMENT v
SECTION 11. OTHER RAILROADS
All protective and indemnifying covenants of this Easement shall inure to the benefit of the Grantor and any other
railroad company lawfully using the Grantor's property or facilities as a common carrier.
SECTION 12. EASEMENT NOT TO BE ASSIGNED
Except in a corporate reorganization or by operation of law,the Grantee shall not assign this Easement,in whole
or in part,or any rights herein granted,without the written consent of the Grantor,which consent shall not be unreasonably
withheld,and it is agreed that any transfer or assignment or attempted transfer or assignment of this Easement or any or the
rights herein granted,whether voluntary or otherwise,without such consent in writing,shall be absolutely void. In the event
of a corporate reorganization or transfer by operation of law,Grantee or its successor will notify Grantor.
SECTION 13. WRITTEN NOTICE PROVISION
Any written notice hereunder to be given by Grantor to Grantee shall be deemed to be properly served if it be
deposited in the United States Mail,postage prepaid or sent via overnight courier,addressed to Grantee at Contra Costa
County Public Works Department,Real Property Division,255 Glacier Drive,Martinez, California 94553-4897. Any
written notice to be given hereunder by Grantee to Grantor, other than the requisite notice provided to Grantor's local
superintendent,shall be deemed to be properly served if the same be deposited in the United States Mail,postage prepaid
or sent via overnight courier,addressed to Grantor,Contracts&Real Estate Department, 1416 Dodge Street,Room 1100,
Omaha,Nebraska 68179-1100.
SECTION 14. SUCCESSOR AND ASSIGNS
This Easement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns,
except as otherwise provided in this instrument.
SECTION 15. NO PARTY DEEMED DRAFTER
Both parties hereto have been represented by legal counsel in the preparation and negotiation of this Easement.
Accordingly,if any provision hereof is construed by a court of law or equity,no such provision shall be construed against
either party as drafter.
SECTION 16. GOVERNING LAW
This Easement and the provisions hereof shall be governed by California law.
SECTION 17. ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and
effect excepting a subsequent modification in writing,signed by the party to be charged.
contra.exb Page 4 Exhibit B