The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03111997 - C15 c,.i7. TO: BOARD OF SUPERVISORS, as the Governing Body of the.Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: MARCH 11, 1997 SUBJECT: WEST ANTIOCH CREEK-ANTIOCH AREA Project No.: 7579-6D8460 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT Grant of Easements dated January 29, 1997 from Anchor Glass Container Corporation and AUTHORIZE the Real Property Division to record said easement with the County Recorder. Il. Financiallmpact: None. 111. Reasons for Recommendations and Background: The easements are being acquired in conjunction with the improvement of West Antioch Creek adjacent to Grantor's plant on 4th Street in Antioch. In addition to permanent rights for the channel, the Grantor is conveying a floating easement through their property to facilitate channel maintenance. The channel improvement project was completed in 1993. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER S IGNATURE(S): ACTION OF BOARD ON T✓�cv.c,OL /� 9 7 APPROVED AS RECOMMENDED OTHER_ VO E OF SUPERVISORS UNANIMOUS(ABSENT ► AYES: NOES: 1 hereby orft that this to a true and=rW am or ABSENT: ABSTAIN: eat action taken and entered on the minutae Of ft hoard of Superv:,:ors on the r_ : .tiotim. RF:gpp ATM% O,, sA'Y1�1��_� g:lrealpropltemp\BOcWAC.t2 of supervtaora and County r� :ntstrator Orig. Div: Public Works(RIP) Contact: Roger Frost (313-2223) b °i cc: County Administrator P.W.Accounting Recorder(via R/P) Recorded request by: Contra Costa County Flood Control & Water Conservation District When recorded mail to: Contra Costa County Public Works Department 255 Glacier Drive " Martinez, CA 94553 Attn: Roger Frost Assessors Parcel No. PTN 074-040-025 Project: West Antioch Creek Project No.: 7579-6D8460 GRANT OF EASEMENTS This Grant of Easements executed this M' day of u," 1997, by and between ANCHOR GLASS CONTAINER CORPORATION, a Dela v are Corporation, successor-by-merger to Glass Containers Corporation, a Delaware corporation ("Grantor"), and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California ("Grantee"), is made with regard to the following: A. Grantor is the owner of all of that real property located in the City of Antioch, County of Contra Costa, State of California, and described on the deeds to Grantor recorded June 16, 1955 in Book 2557, Page 324, Official Records of the Recorder of Contra Costa County, California, and on October 1, 1974, in Book 7335, Page 222, Official Records of the Recorder of Contra Costa County, California ("Grantor's Property"). B. Portions of Grantor's Property are within and adjacent to West Antioch Creek. C. Grantee is desirous of acquiring easement rights over portions of Grantor's Property for the*purpose of constructing, reconstructing, inspecting, maintaining and repairing a channel and/or drainage retention .basin and appurtenant structures in, on and adjacent to West Antioch Creek. D. Grantor is desirous of conveying to Grantee easement rights over portions of Grantor's Property for the foregoing purposes on the terms and conditions set forth herein. 1. Grant. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants to Grantee the following: -1- a. A non-exclusive perpetual easement ("Flood Control Easement") in, over, and across the portions of Grantor's property described on Exhibit A, attached hereto and made a part hereof, for the following purposes and on the following terms: (i) constructing, reconstructing, inspecting, maintaining and repairing a channel and/or drainage retention basin(s), whether covered or open protection works, and appurtenant structures for the purpose of confining the waters of West Antioch Creek and its tributaries, 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 herein is granted, to take therefrom and use earth, rock, sand and gravel for the purpose of excavation, widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance, and repair of embankments, fencing, protection works, and appurtenant structures by said Grantee, its officers, agents, and employees, and persons under contract with it and their employees whenever and wherever necessary for flood control purposes. Also included is the right to install, maintain or remove landscaping and other environmental improvements. (ii) Said construction, reconstruction, inspection, maintenance and repair shall not unreasonably interfere with Grantor's normal and customary use and enjoyment of Grantor's Property. (iii) The easement herein granted includes the right to make any necessary earth fills and to locate or relocate existing drainage pipes or structures in connection therewith on lands of the Grantor lying outside said easement, provided that after such fill and location or relocation is completed, said lands of Grantor will be left in a neat and orderly condition. Grantor agrees not to further encumber or install, place or construct, or cause to be installed, placed or constructed any ac res, facilities, T� f atu at .��;+�' ^* `u �� o u.Vu� :,. veg.:�u.i�r. o� �..�, :,u�arz � �n :,r over the herein described property without the prior written approval of the Grantee. b. A non-exclusive, perpetual easement ("Permanent Access Easement") for flood control purposes in, over and across the portions of Grantor's Property described on Exhibit B, attached hereto and made a part hereof, for ingress, egress, and access to the Flood Control Easement. C. A non-exclusive, floating easement ("Floating Access Easement") in, over and across the paved driveways and private streets and drives located -2- 0 15 on Grantor's Property, as the same may from time to time exist, for ingress, egress and access to the Permanent Access Easement and the Flood Control Easement. Excepting and reserving, however, unto Grantor, in Grantor's sole and reasonable discretion: (i) the right to use the real property subject to the Floating Access Easement for any purpose which does not materially interfere with the easement rights of Grantee set forth above; (ii) the right to reasonably specify those portions of the paved driveways and private streets and drives located in the Floating Access Easement which Grantee may use and to exclude Grantee from the remaining portions of such driveways, streets and drives; (iii) the right to relocate the Floating Access Easement, and (iv) the right to terminate such Floating Access Easement, on ninety (90) calendar days prior written notice to Grantee, if the existence and/or use of such Floating Access Easement unduly interferes with Grantor's use of Grantor's Property, in Grantor's sole discretion. If the Floating Access Easement is terminated in accordance with this subparagraph, Grantee shall, within sixty (60) calendar days of written demand, execute and deliver to Grantor a quitclaim deed reconveying all of its right, title and interest in the Floating Access Easement to Grantor. (v) Grantee shall immediately notify Grantor in writing if, at any time, Grantee determines that the Floating Access Easement is no longer necessary for its purposes, or if the Floating Access Easement is rented, leased, or conveyed to a third party other than the City of!�vitioch or ' sonic; entity tither than a governmental agency whose primary purpose is flood control. The Floating Access Easement shall immediately terminate ninety (90) days after such notice is mailed to Grantor by first class mail or transmitted to Grantor by facsimile or other electronic transfer, or within ninety (90) days after Grantor's discovery of the fact that Floating Access Easement has been rented, leased or conveyed to a third party as described above, and title shall, on expiration of such period, revert to and vest in Grantor. In the event of such notice or discovery, Grantee shall, within sixty (60) calendar days of written request from Grantor, execute and deliver to Grantor -3- a quitclaim deed reconveying all of its right, title and interest in the Floating Access Easement to Grantor. E. This indenture, and all of the covenants and restrictions herein contained, shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Grant of on the date first shown above. ANCHOR GLASS CONTAINER CORPORATION, a Delaware corporation By: SR.VP -0AF, AT1oA15 /Title ATTACH APPROPRIATE ACKNOWLEDGMENT 00005459 , -4- STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 29th day of January by Henry S. Evans, Sr. V.P. Operations of Anchor Glass Container Corporation, a Delaware corporation, on behalf of the corporation. He is personally known to me. LISA GOULD NOTAR My Comm Exp. 9.5-9$ PUBLIC Bonded By Service ins O Ci:404924 O h 1'+nwwy Kauwa f Iadarl O EXHIBIT "A" Real property situated in the City of Antioch, County of Contra Costa, State of California, being a portion of those parcels of land described in the deeds to Anchor Glass Container Corporation recorded June 16, 1955 in Book 2557 of Official Records at page 324, and recorded October 1, 1974 in Book 7335 of Official Records at page 222, all records of said County described as follows: FLOOD CONTROL EASEMENT (Parcel 1669.1) Beginning at the most southerly corner of that parcel described in the Deed to Glass Containers, Inc., (now known as Anchor Glass Container Corporation (7335 O.R. 222); thence from said Point of Beginning, along the southwesterly line of said parcel, north 48°35'36" west 236.89 feet to a point on the northerly line of the parcel described in the Deed to the Riverview Fire Protection District recorded December 18, 1979 in Book 9663 of Official Records at page 93, records of said County; thence, along last said line, north 89°08'31" west 62.44 feet; thence, leaving said line, north 0°51'29" east 585.01 feet to a point on the southerly line of the parcel of land described in the Deed to Contra Costa County Flood Control and Water Conservation District recorded September 1, 1987 in Book 13873 of Official Records at page 567 records of said County; thence easterly along said southerly line, along the arc of a non- tangent curve, concave to the south, the center of said curve bearing south 5'49'11" west, having a radius of 11,309.20 feet, through a central angle of 1°20'01" an arc length of 263.23 feet; thence, leaving last said line, non-tangent to said curve, south 0°51'29" west 362.12 feet; thence south 8'44'10" east 182.48 feet; thence south 0°51'29" west 479.88 feet to a point on the northerly right of way line of Fourth Street said point shall hereinafter be referred to as Point "A", thence, along said line, north 89°08'31" west 49.92 feet to the east line of said Riverview Fire Protection District parcel (9663 O.R.93); thence, along said line, north 0°51'29" cast 308.74 frCet io the Po;.-.t o.Beairru.ig. Containing an area of 4.37 acres of land, more or less. -5- C'.!5 EXHIBIT "B" Real property situated in the City of Antioch, County of Contra Costa, State of California, being a.portion of those parcels of land described in the deeds to Anchor Glass Container Corporation recorded June 16, 1955 in Book 2557 of Official Records at page 324, and recorded October 1, 1974 in Book 7335 of Official Records at page 222, all records of said County described as follows: PERMANENT ACCESS EASEMENT (Parcel 1669A) Beginning at said Point "A" as described in PARCEL 1669.1, thence from the Point of Beginning, along the easterly boundary of said PARCEL 1669.1, north 0°51'29" east 479.88 feet; thence north 8'44'10" west 182.48 feet; thence north 0°51'29" east 362.12 feet to a point on the southerly line of said Contra Costa County Flood Control and Water Conservation District parcel (13873 O.R. 567), said point from which a radial line of a non-tangent curve, concave to the south, having a radius of 11,309.20 feet bears south 7'09'12' west; thence, along the southerly line of said Parcel, easterly along the arc of said curve, through a central angle of 0°14'48", a distance of 48.69 feet; thence, leaving last said line, non-tangent to said curve, south 0°51'29" west 916.06 feet; thence, south 11°30'56" east 102.81 feet to a point on the northerly right of way line of Fourth Street; thence along last said line, north 89'08'31 west 40.00 feet to Point "A" the Point of Beginning. Containing an area of 0.76 acre of land, more or less. 0000545K -6-