HomeMy WebLinkAboutMINUTES - 03111997 - C16 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Adopted this Resolution on March 11 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 971 120
Government Code § 25526.6
SUBJECT: Conveyance of Easement to
Contra Costa Water District
Drainage Area 56 - Lindsey Basin
CDD-CP No. 97-8
Project No. 7566-6D8325
Oakley Area
The Board of Supervisors, as the governing Body of the Contra Costa County
Flood Control and Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired
certain real property by deed recorded on August 14, 1987, in Book 13838 at page 552,
in the Oakley area for Lindsey Basin. Contra Costa Water District has requested an
easement over a portion of said property, described in Exhibit"A"and Exhibit "B" attached
hereto, to construct, install, operate, use, maintain, repair, relocate and replace water
utility materials and appurtenances together with a right of way of ingress and egress for
equipment, vehicles and pedestrians. This Board FINDS that the conveyance of such
easement is in the public interest and will not substantially conflict or interfere with the
Contra Costa County Flood Control and Water Conservation District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to Contra Costa Water District over the property described in Exhibit "A" and Exhibit "B"
attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is
hereby AUTHORIZED to execute Grant of Easement and Agreement on behalf of the
Contra Costa County Flood Control and Water Conservation District.
The Real Property Division is DIRECTED to cause said Grant of Easement and
Agreement to be delivered to the grantee.
RESOLUTION NO. 97/120
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project i's exempt from the requirements of the
California Environmental Quality Act as a Class 1? Categorical Exemption under County
Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Director
of Community Development to file a Notice of Exemption with the County Clerk and
DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to
the County Clerk for filing of the Notice of Exemption.
Odg. Dept.: Public Works (R/P)
Contact: Donna Dawkins(313-2224)
cc: Public Works Accounting
Public Works Design (V. Germany)
Public Works Records
Grantee (via R/P)
Recorder (via R/P)
Community Development Dept , , r t>ra eawa0pp�
an .aueon taken and .eared on " mMpAM 11ow
Dowd of 8UPWIM3 on the date shown.
g:Vea1propVemp\br27.t3 QTEBTED.
(Form updated 2/97) Ofu t�OdR C enIy totU'llu w
r
RESOLUTION NO. 97/ 120
C.C.C.F.C. & W.C.D. DA 56 @ Lindsey Basin
PARCEL X1452.1-1 to Contra Costa Water District
Ptn. APN 053-060-009, Dwg. EB-10149
EXHIBIT "A"
PARCEL X1452.1-1: (Easement)
A portion of the northwest quarter of Section 34, Township 2 North, Range 2 East, Mount Diablo
Meridian, Contra Costa County, California, described as follows:
A portion of that parcel of land described in the deed to Contra Costa County Flood Control and Water
Conservation District recorded August 14, 1987, in Volume 13838 at page 552, Official Records of said
County, described as follows:
Commencing on the southwest right of way line of the Southern Pacific Railroad as described in the
deed to San Pablo and Tulare Railroad recorded January 30, 1872 in Book 22 of Deeds at page 510,
records of said County, at the south line of that parcel described in the deed to the United States of
America recorded March 10, 1938, in Volume 463 of Official Records at page 19, said Point of
Commencement also being the northeastern corner of the said Flood Control District parcel (13838
O.R. 552) from which the radial of a curve concave to the southwest having a radius of 22,866.90 feet
bears south 49022'19" west; thence from the Point of Commencement along said Southern Pacific
Railroad right of way, being the arc of said curve, southeasterly 49.66 feet, through a central angle of
0007'28"to the Point of Beginning; thence from the Point of Beginning, non-tangent to said curve, south
49034'28"west 52.77 feet; thence north 89039'30"west 72.27 feet; thence north 0020'30"east 12.00 feet;
thence north 89039'30"west 754.95 feet; thence south 71008'17"west 68.83 feet; thence north 89°39'30"
west 595.81 feet to the western line of the said Flood Control District parcel (13838 OR 552); thence
along said western line, south 36052'49" east 87.91 feet; thence leaving said western line, south
89039'30" east 554.48 feet; thence north 71008'17" east 68.83 feet; thence south 89039'30" east 847.60
feet; thence north 49034'28" east, 66.24 feet to a point on the southwestern line of said Southern Pacific
Railroad (22 D 510), also being the northeastern line of said Flood Control District parcel, said point
bears north 49039'33" east from the center of a non-tangent curve concave to the southwest having a
radius of 22,866.90 feet; thence non-tangent, along said common line, being the arc of said curve,
northwesterly 64.96 feet, through a central angle of 0009'46" to the Point of Beginning.
Containing an area of 106,503 square feet (2.444 acres) of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). To obtain
,ground distances, multiply by 1.0000626.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: u'No
Licensed Land Surveyor ��� ���Z'w�lyq��A.
Contra Costa County Public Works �p
EXA1
No.5999
Date: oFcnttFo�`'��
LH:jlg
c\ex:DA55Lind.Eas
2/28/94
. F
Recorded at the request of:
Contra Costa Water District
P.O.Box H2O
Concord,CA 94524
After recording return to:
Contra Costa Water District
P.O.Box H2O
Concord,CA 94524
APN: 053-060-009
GRANT OF EASEMENT
AND AGREEMENT
On , 19_ Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California,.and Contra Costa
Water District, a local governmental agency of the State of California, agree as follows:
1. For valuable consideration, receipt of which is hereby acknowledged, Contra
Costa County Flood Control and Water Conservation District (hereinafter
referred to as "Grantor" hereby grants to Contra Costa Water District
(hereinafter referred to as"Grantee") a perpetual easement and right of way
in, over and under the land in the County of Contra Costa, State of
California, a description of which is attached hereto, marked Exhibit "A" and
incorporated herein.
2. The purpose for which this easement is hereby granted is to construct,
install, operate, use, maintain, repair, relocate and replace therein and
thereon water pipes, valves, controls, meters, power lines, communications
cables, and related water utility materials and appurtenances together with
a right-of-way of ingress and egress for equipment, vehicles and pedestri-
ans.
3. The Grantor reserves the right to use the surface of the easement jointly with
the Grantee, subject, however, to each and all of the following conditions:
A. By acceptance of this easement, grantee agrees that if, at some
future date, the proposed use of this property changes and the Contra
Costa County Flood Control and Water conservation District, or its
successors or assigns, desires that Grantee's surface facilities be
removed, relocated or placed underground, Contra Costa Water
District agrees to do so promptly at its own expense.
1
B. Grantor reserves the right to reasonable use of the surface of said
land including the right to place fill on the easement at any location
up to the depths shown on Exhibit "B" attached hereto and made a
part hereof. Grantor reserves the right to place landscaping in said
easement. Grantee shall be given a 30-day time period to review
and approve any plans for surface use and such approval shall not be
unreasonably withheld.as long as Grantor's use does not unreason-
ably interfere with Grantee's facilities.
C. Grantee agrees to install any future facilities at least five feet below
existing grade or at the minimum burial depth shown on Exhibit"B",
whichever is deeper.
D. Grantee shall, prior to any construction or installation within the
easement area, submit specific plans and specifications to Grantor for
review and approval. Such approval, together with any additional
requirements, shall be in the form of a written permit. Grantee shall
restore or return the surface of said easement to its pre-construction
condition following any activity of any nature by Grantee.
E. Grantee shall provide certification by a Registered Civil Engineer that
the existing piepline, and any future pipelines, have adequate
strength to support the future Delta Expressway. Preliminary plans
indicate that this will consist of approximately 20 feet of compacted
fill material and pavement structural section above the existing grade
as measured from the grade of the USBR/CCWD canal service road.
F. All of Grantee's facilities must support legal highway loads plus fill as
described in Exhibit"B". Grantee agrees to install future pipelines by
jacking under the Delta Expressway or placing sleeves prior to
construction of the Expressway.
G. Grantee acknowledges this easement is non-exclusive. Grantor
reserves the right to install, or grant others the right to install, utilities
pursuant to 3.13. above.
4. If all or any portion of the surface access rights included in the easement
described in Exhibit "A" become unnecessary to Grantee's operations by
reason of reasonable alternative access to Grantee's facilities provided by
future streets and roads, Grantee shall reconvey to grantor such unneces-
sary surface rights included in said easement as are required by Grantor.
5. Grantor warrants that there are no oral or written leases on all or any portion
of the property described in Exhibit "A"which will impair Grantee's use and
enjoyment of said easements. Grantor further warrants that it will not grant
any leases, easements, or take any action which would unreasonably
interfere with Grantee's use and enjoyment of said easement.
2
6. Grantor agrees that no structures will be constructed within the easement.
7. Grantor and Grantee shall require all their respective contractors or
contractors' assignees who shall undertake construction on any portion of
the real property within or near said-easement to list the other party as an
additional insured on the contractor's project policy and further require the
contractor to indemnify both parties in a like manner.
8. Grantee shall defend, indemnify, save, and hold harmless Grantor and its
officers and employees from any and all claims, costs, and liability for any
damages, injury, or death arising from or connected with the design,
construction, operation, and maintenance of all facilities which may be
constructed within said easement, due to or claimed or alleged to be due to
negligent or wrongful acts, errors, or omissions of Grantee or any person
under its control, including but not limited to liability arising from injury or
death to members of the public using the property being conveyed and any
immediately adjacent rel property owned by the Grantor and shall
reimburse Grantor for an expenditures, including reasonable attorney's fees
Grantor may make by reason of such matters. Grantee shall be responsible
for any and all damages arising out of inverse condemnation concerning the
design and construction of facilities to be built within the easements being
conveyed solely to the extent of the share of the damages proved corre-
sponding to Grantee's actual portion of the overall fault.
9. Grantor shall defend, indemnify, save, and hold harmless Grantee and its
officers and employees from any and all claims, costs, and liability for any
damages, injury or death arising from or connected with design, construc-
tion, operation and maintenance of all facilities, solely or jointly owned or
controlled by Grantor including the existing condition as well as the future
maintenance of the surface of the immediately adjacent real property owned
by Grantor due to or claimed or alleged to be due to negligent or wrongful
acts, errors, or omissions of Grantor any person under its control, including
but not limited to liability arising from injury or death to members of the public
using its real property, and shall reimburse Grantee for any expenditures,
including reasonable attorney's fees, Grantee may make by reason of such
matters. Grantor shall save and hold Grantee harmless from any and all
damages arising out of inverse condemnation concerning all Grantor's
activities occurring with the easement being conveyed and any immediately
adjacent real property owned by Grantor, save that Grantee shall be
responsible for a share of the liability corresponding to its sole actual
liability.
3
10. This- agreement shall inure to the benefit of and shall be binding upon the
successors and assigns of the respective parties hereto.
GRANTOR: GRANTEE:
Contra Costa County Flood Control Contra Costa Water District
& Water Conservation District
ABOVE TERMS AND CONDITIONS
APPR VED BY GRANTEE
By IM kiet By
Chair, Board of Supervisors (Title) GenerI&I Managkr
APPROVED AS TO FORM:
Bv:,d; C
Contra Costa Water District
Legal Counsel
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On March 11, 1997 before me,
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator,Contra
Co�uperviSb�er on�ll�al�p u n who is personally
r eau neer pe y
known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s).whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their autho-
rized 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.
1
By. h
APPROVED AS TO FORM
Victor J.Westman
Coun Counsel
B
eputy
DD:glo
g:\realprop\temp\CCCWD.t1
December 28, 1995
4
C.C.C.F.C. & W.C.D. DA 56 @ Lindsey Basin
PARCEL X1452.1-1 to Contra Costa Water District
Ptn. APN 053-060-009, Dwg. EB-10149
EXHIBIT "A"
PARCEL X1452.1-1: (Easement)
A portion of the northwest quarter of Section 34, Township 2 North, Range 2 East, Mount Diablo
Meridian, Contra Costa County, California, described as follows:
A portion of that parcel of land described in the deed to Contra Costa County Flood Control and Water
Conservation District recorded August 14, 1987, in Volume 13838 at page 552, Official Records of said
County, described as follows:
Commencing on the southwest right of way line of the Southern Pacific Railroad as described in the
deed to San Pablo and Tulare Railroad recorded January 30, 1872 in Book 22 of Deeds at page 510,
records of said County, at the south line of that.parcel described in the deed to the United States of
America recorded March 10, 1938, in Volume 463 of Official Records at page 19, said Point of
Commencement also being the northeastern corner of the said Flood Control District parcel (13838
O.R. 552) from which the radial of a curve concave to the southwest having a radius of 22,866.90 feet
bears south 49022'19" west; thence from the Point of Commencement along said Southern Pacific
Railroad right of way, being the arc of said curve, southeasterly 49.66 feet, through a central angle of
0007'28"to the Point of Beginning; thence from the Point of Beginning, non-tangent to said curve, south
49034'28"west 52.77 feet; thence north 89039'30"west 72.27 feet; thence north 0020'30" east 12.00 feet;
thence north 89039'30"west 754.95 feet; thence south 71008'1711 west 68.83 feet; thence north 89039'30"
west 595.81 feet to the western line of the said Flood Control District parcel (13838 OR 552); thence
along said western line, south 36°52'49" east 87.91 feet; thence leaving said western line, south
89039'30" east 554.48 feet; thence north 71008'17" east 68.83 feet; thence south 89039'30" east 847.60
feet; thence north 49034'28" east, 66.24 feet to a point on the southwestern line of said Southern Pacific
Railroad (22 D 510), also being the northeastern line of said Flood Control District parcel, said point
bears north 49°39'33" east from the center of a non-tangent curve concave to the southwest having a
radius of 22,866.90 feet; thence non-tangent, along said common line, being the arc of said curve,
northwesterly 64.96 feet, through a central angle of 0009'46" to the Point of Beginning.
Containing an area of 106,503 square feet (2.444 acres) of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (CCS 27). To obtain
ground distances, multiply by 1.0000626.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: Sip OND
Licensed Land Surveyor Zw�iy RFs
Contra Costa County Public Works
Exp.1?:; ,26 �!r
No.5999
Date: �rglFOfCAUF���\P
LH:jlg
c\ex:DA55Lind.Eas
2/28/94
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CERTIFICATE OF ACCEPTANCE OF GRANT DEED/EASEMENT
This is to certify that the interest in real property conveyed by the foregoing
instrument to Contra Costa Water District, a local governmental agency, is
hereby accepted by the undersigned officer on behalf of the Board of Directors
of the Contra Costa Water District pursuant to authority conferred by said Board
of Directors adopted on May 1, 1996 and the grantee consents to record action
thereby by its duly authorized officer.
Dated: By: u
Walter J. shop
General Manager
FEB-W-1997 15 11 CamWMIty Development 5103351299 P.004/W9
CONTRA PUBLIC WORKS DEPARTMENT
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT#756"D8325
CP#97-8
PROJECT NAME:DA-56-Sale of Easement to Contra Costa Water District
PF EPARED BY:Janet Frattlni DATE:February 10, 1997
REVIEWED BY. DATE:. 41A I
RECOMMENDATIONS:
(d) Categorical Exemption (Class 12) () Negative Declaration
(} Environment Impact Report Required (} Conditional Negative Declaratl n
Tt!e project will not have a significant effect on the environment. The
re:.omrnendation is based on the following:
Tt a property is surplus government property which isnot in an area ofstatew'do
,ro lona!,
or areawide concern as identified In Section 15206(b}(4). However,if the propertle were
to rated within these areas,their sale would be exempt if the properties comply th the
cc nditions listed in the CEQA Guidelines Section 15312(a)and(b).
W hat changes to the project would mitigate the Identified impacts.
N,A
U;GS Quad Sheet Brentwood Base Map Sheet#H 24 Parcel#05
G SNERAL CONSIDERATIONS:
1. Location: The easement is located through the Lindsey Basin, a flooF
detention basin,south of Laurel Road and west of Neroly Road in the eaarea of Oakley(Figures 1 &2).
2. Project Description: The proposed project consists of the sale of an eapproximately 70 feet wide by 1,400 feet long, to the Contra Costa Wat
(Figure 3).
3. Does it appear that any feature of the project will generate significant public
concern?E]yes W]no []maybe (Nature of concern):
4. Wail the project require approval or permits by other than a County agency?
[j yes [f]no Agency Name(s)
6. Is the project within the Sphere of Influence of any city? No.
h:c�texmpt\de58sale.ini
(F xm Revised 12131166)
1
PEB-20-199'7. 15:11 Community Development 5103351299 P.005/009
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: February 10, 1997
TO: James W. Cutler, Assistant Director of Comprehensive Planning
FROM: Vickie Germany,AICP, Environmental Planner, Design Division (�
(Contact Person* Janet Frattini
SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE
We have 'eviewed the attached project, CP#97.8 DA 56_-Sale of Easement to Contra Costa WLter
District ,to determine if mandatory referral for General Plan Conformance, as required by Section 65402
of the GoN?emment Code, is necessary.
I recommund the project needs no further mandatory referral clearance from County staff subje t to the
following,,ictions;
(U, This project has been determined to be exempt from 65402 review.
( ; This project has been determined to be exempt from 65402 review in accordance,with the
Board of Supervisors Resolution 81/522 because the project involves a road alignment
project of a minor nature.
( ; Community Development staff makes the following attached recommendation which should be
incorporated into the staff report on this matter.
The proje-.t needs mandatory referral and we request Community Development staff to proces this project
in the folic wing manner;
(0 ) 65402 review is required. Community Development staff should carry this matt® before the
appropriate Planning Commission. The map of the project site and description las attached.
( : 65402 review must be withheld until completion of an Environmental Impact Report on this
project.
( ; Other procedures.
Approved By: &t,.
Community Development
&�daip\mAvinc t'omiswA,gpo
(Form Revisal:143-97)
.FEB-2@-195?. 15 11 Corrwnitcy Development 5103351299 P.066/M
FIGURE 1
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5103351299 P.00709
FEB-20-1997 15:12 Community Development
. , F UILE 2
PROJECT VICINITY
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-�E -20-1957. 15:12 Community Development 5103351299 P.008/009
FIGURE 3
Detail of easement
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NOT TO SCALE
FEB-2@-199? 15:12 Community Development 5103351299 P.009r'009 ,�f✓Q
Commu lity Contra "aTYey p6.
f Brasdor
Director of COMMty t?avalopmertt
Development Costa
Department County
Admi tistration Building
651 Pine Streit
4th Floor, Ncnh Wing - �
Martinez,Cali'omia 848530095
/ r
Phone lits
3.15-1235 January 7, 1997
C•runty File +ICP 97.8
A tention: Public Works Department
Janet Frattini-Design Division
D oar Applicant:
T is Contra Costa County Community Development Department has completed an Initial study of the envir nmental
si ynificance of the project represented by your pending application bearing County File Number
S X F EASEMENT70 COMIRA COSTA WATER DISTRICT. In conformance with Contra Costa County• uidelines
fc r implementing the California Environmental Quality Act of 1870 (CEQA),it has been determined that yo jr project
z LL=have a significant effect on the environment. Your project falls within the following category:
AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
W) The Project is categorically exempt(class-).
( } The CECA requirements are accommodated by the EIR previously prepared for
{ } A statement that an EIR is not required (Negative Declaration of Environmental Significance has
been filed by the Community Development Department(unless appealed).
(} Other: General Rule of Applicability (Section 15061(b)(3))
{ 1 AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED.
(? The complexity of your project requires your submission of additional special reports or in ormation
(as outlined on the attached sheet) (which will be outlined in a forthcoming letter},
(} A consultant will be hired to prepare the environmental impact report. This procedure is xplained
on the attached sheet.
Ii you have questions concerning this determination or desire additional information relative to environmen al impact
r:port regulations, please call (5 10) 335-1213 and ask for Debbie Chamberlain.
Sincerely yours
Harvey E. Bragdon
Director of Community Development
. sWreylt By:
TOTAL P.009
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person:Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location:DA 56, Sale of Easement to Contra Costa
Water District, County File#CP 97-8: The project consists of the sale of an easement, approximately
70 feet wide by 1,400 feet long, to the Contra Costa Water District. Project location: The easement
is located through the Lindsey Basin, a flood control detention basin, south of Laurel Road and west
of Neroly Road in the east county area of Oakley.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption,Section_
Declared Emergency(Sec. 15269(a)) _ General Rule of Applicability(Section 15061(b)(3))
_ Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption,Class 12
for the following reason(s):The property is surplus government property which is not in an area of statewide, regional,or
areawide concern as identified in Section 15206(b)(4). However,if the properties were located within these areas,their sale
would be exempt if the properties comply with the conditions listed in the CEQA Guidelines Section 15312(a) and (b).
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Janet Frattini County Clerk Fee$25 Due
h:\noe's\da56sa le.noe
(Form.Revised 12-31-96)