Loading...
HomeMy WebLinkAboutMINUTES - 05162000 - C20 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: May 16, 2000 SUBJECT: Contra Costa County Flood Control District - County's Consent to Assignment of Easement from Wickland Oil Martinez, L.P. to Shore Terminals, LLC Project No.: 7520-6B Task: ACQ Account: 3540 1. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or his designee, to EXECUTE,, on behalf of the County, a Consent to Assignment of an easement agreement from Wickland Oil Martinez, L.P., as assignor, to Shore Terminals, LLC, a Delaware limited liability company, as assignee, under terms and conditions more particularly described in said Assignment of Easement. If. Financiallmpact: There will be no financial impact from this action. Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMIIST OR _RECOMMENDATION OF BOARD COMM —APPROVE —OTHER SIGNATURE(S): p ACTION OF BOARD ON MAY 16, 2006PPROVED AS RECOMMENDED X OTHER _ I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the X UNANIMOUS(ABSENT NONE ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: ATTESTED: may 16, 2000 DRA:eh PHIL BATCHELOR, Clerk of the Board of G:\GrpData\RealPmp\2000-Piles\EOs&RES\SO-cWickland.doc Supervisors and County Administrator Odg. Div: Public Works(R/P) Contact: Dick R.Awenius(313-2220) By r✓' r Deputy cc: County Administrator P.W.Accounting Contra Costa County Flood Control District — County's Consent to an Assignment of Easement from Wickland Oil Martinez, L.P. to Shore Terminals, LLC. May 16, 2004 Page 2 Ill. reasons for Recommendations and Background: Can October 27, 1075, the Contra Costa County Flood Control and Water Conservation District granted a pipeline easement to Urich Oil Company (Urich). Urich then conveyed the easement to Martinez Terminals, Limited (Martinez Terminals). On or about August 20, 1991, Martinez Terminals transferred the easement to Wickland Oil Martinez, L. P. (Wickland). Wickland now desires to assign the easement to Shore Terminals, LLC;, which assignment requires County's written consent. IV. Consequences of No-gative Action: Wickland Oil Martinez, L.P. will not be in compliance with the assignment provisions of its franchise agreement. WHEN RECORDED MAIL TO: MIKE BURGETT SHORE TERMINALS LLC 2801 WATERFRONT ROACH MARTINEZ, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary Transfer Tax is not shown pursuant to California Revenue and Taxation Code Section 11932. ASSIGNMENT OF EASEMENT This Assignment of Easement is by and between Wickland.Oil Martinez L.P. ("Assignor"), a California limited partnership and successor-in-interest to Urich Oil Company, and Shore Terminals LLC, ("Assignee"), a Delaware limited liability company. RECITALS A. On October 27, 1975, the Contra Costa County Flood Control and Water Conservation District ("District") granted a pipeline easement (the "Easement") to Urich Oil Company. The Easement was recorded on December 5, 1975 at Page 28 of Book 7704 of the Contra Costa County Records. The Easement covers the property described on Exhibit A, attached. B. Urich Oil Company changed its name to Landsea Holding Company on September 21, 1981. C. Landsea Holding Company, Landsea Oil Company and certain other affiliated Landsea entities filed Chapter 11 petitions for relief pursuant to the United States Bankruptcy Code which were subsequently converted to Chapter 7 proceedings under the.United States Bankrupty Code, Case Nos. SA 85-02723 PE through SA 85-0727 PE in the United States Bankruptcy Court for the Central District of California. D. The Easement was among the assets conveyed by Landsea Holding Company to Martinez Terminals, Limited, a California Limited Partnership, pursuant to a duly noticed and conducted foreclosure sale. The transfer was subsequently affirmed pursuant to a Settlement Agreement, dated March 17, 1989, among Martinez Terminals, Limited, Landsea Holding Company, Landsea Oil Company and certain other affiliated Landsea entities, certain Banque Paraibas entitites, certain individuals and Sam Jonas, as Trustee-in-Bankruptcy for the Landsea entities. E. On or about August 20, 1991, Martinez Terminals, Limited transferred the Easement to Assignor. ASSIGNMENT ANI) ACCEPTANCE Assignor hereby transfers all of Assignor's right, title and interest in the Easement to Assignee. Assignee hereby accepts the Assignment of the Easement and agrees to be bound by the terms and conditions contained therein. ASSIGNOR: ASSIGNEE: Wickland Oil Martinez,L.P., Shore Terminals,LLC a California limited partnership a Delaware limited liability company By its general partner, Wickland Investments L.P., By: a California limited partnership By its general partner, Title: -+_.--�.. .., Wickland Investments Inc., a California co on Date: ®� L. Wickland Title: President Date: March 6 , 2000 CONSENT TO ASSIGNMENT The Contra Costa County Flood Control and Water Conservation District hereby acknowledges the foregoing and consents to and approves the herein assignment. Contra Costa County Flood C trol and Water Conservation Dis 'c By: Title: lw {, c s Dw*t i Date: I;-0 All signatures must be Notarially Acknowledged. EXHIBIT "A" PARCEL 1 A portion of that parcel of land described in deed to the Contra Costa County Flood Control and Water Conservation District, recorded June 15, 1966, in Book 5141 at page 435 of Official Records of Contra Costa County, State of California, being more particularly described as follows: Commencing at the State Lands Commission Monument "Avon" having California Coordinate System Zone 3, coordinates of X = 1,545,386.26, Y = 561, 570.34; thence North 180 39' 30" West, 231.00 feet; thence South 71° 20' 30" West, 134.62 feet to the true point of beginning; said true point of beginning being on the northeasterly line of said Parcel (5141 OR 435); thence South 71° 20' 30" West, 104.91 feet; to the southwesterly line of said Parcel (5141 OR 435); thence North 59' 02' 55" West, 65.65 feet along said southwesterly line; thence North 71° 20' 30" East, 109.47 feet to the said northeasterly line (5141 OR 435); thence South 55° 52' 53" East, 62.79 feet along the said northeasterly line to the true point of beginning. PARCEL 2 A portion of that parcel of land described in deed to the Contra Costa County Flood Control and Water Conservation District recorded December 2, 1968 in Book 5761 at page 386 of Official Records of Contra Costa County, State of California, being more particularly described as follows: Commencing at the State Lands Commission Monument "Avon" having California Coordinate System, Zone 3, coordinates of X = 1,545,386.26, Y= 561,570.34; thence North 180 39' 30" West, 231.00 feet; thence South 71' 20' 30" West, 372.86 feet to the true point of beginning; said true point of beginning being on the northeasterly line of said Parcel (5761 OR 386); thence South 71° 20' 30" West, 399.62 feet to a point from which the center of a curve, concave to the northeast and having a radius of 5,750 feet bears North 35° 39' 44" East, said point being on the southwesterly line of said Parcel (5761 OR 386); thence northwesterly along the said southwesterly line, being along the arc of said curve, an arc distance of 61.35 feet to a point from which the center of said curve bears North 36' 16' 24" East; thence North 71' 20' 30" East, 384.26 feet to a point on the northeasterly line of said parcel (5761 OR 386); thence South 64° 08' 41" East, 71.32 feet along said northeasterly line to the true point of beginning. All bearings are based on the California Coordinate System, Zone Ill. CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,�?e:� Na.5907 State of Cat i fo rn i a County of Sacramento On March 6 , 2000 before me, --Evelyn Marie Waldick . Nota2:U P,1r,l,ic, DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Roy L. Wickland NAME(S)OF SIGNER(S) [ personally known to me - OR ❑ gcc to be the person(&) whose names) isiewt subscribed to the within instrument and ac- knowledged to me that he%4+* c executed the same in his/ktiftht4k authorized capacity(, and that by his1h*jAk*kx signature(*) on the instrument the person(a), or the entity upon behalf of which the —.rNr.�...►.rr. person(} acted, executed the instrument. MYN MARIE WALDICK Commission#1183193 Notary Public-California WITNESS my hand and official seal. Sacramento County My Comm,Expires Jun 7,2002 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER Assignment of Easement TITLE(S) TITLE OR TYPE OF DOCUMENT.. © PARTNER(S) LIMITED ® GENERAL ❑ ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: March 6 , 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTFTY{tES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91909-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT PRAR State of California County of Contra Costa On April 5th, 2000 before me, Mari Glading-Ho, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Richard Shore Name(s)of Signers) Fz personally known to me-OR--F 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, MARI GLADING-N0 executed the instrument. igComm-11253979 00TARYPUB tt•cu-)FomnA WITNESS my hand and official seal. Oms Caw cm" MrCOM.t11Ma»ki,It,0i Signature of NotlyPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document- Assignment of Easement Document Date: 415100 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 17 Individual :1 Individual El Corporate Officer 7 Corporate Officer Title(s): _ Title(s): Partner—❑ Limited 7 General ❑ Partner®❑ Limited ❑ General El Attorney-in-Fact D Attorney-in-Fact C Trustee El Trustee 7, Guardian or Conservator C❑ Guardian or Conservator El Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8238 Remmet Ave.,P.O.Box 7184-Canoga Parc,CA 91309.7184 Prod.No.5907 Reorder.Cali Toll-Free i•8W876-8827 . State of California ) County of Contra Costa ) On 1*74 le 3 0 ��10 before me, <,4K�N LAWS a Deputy Clerk of the pard of Supervisors, Contra Costa County, personally appeared_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 'whose nameKis/ subscribed to the within instrument and acknowledged to me that he%srel executed the same in his/ rr authorized capacity�!W, and that by hislWtWr signatureWon the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. In witness whereof, I have hereunto set my hand the day and year first above written. Signatur Depu Cle ' ' d a ',' exx7704 28 - Recat+dtd at taw Reclusst of DEC . 1975 A S Auer Mardl,ng.Mai#`to DEC- s' A �C1C YAX A At cot" 41404 s 040. fi gala fASErdxT r CONM COSTA =WY FLOOD CONTROL AND WATER CCNSERVAT I Off DISTRICT, a political surd vision, hereinafter called District, hereby grants toR. ICHIt LL,COMPAi#Y- hsrei nn�ffter C¢1#�dd GPJ1ftT a non wM i us#ve right toinstall.� apI nd r Iuinta4>Rt a 1T diaarter pellne for the transport or gasoline an aaao nt i 4" for ao Other purposes whatsoever, together with a right of xray on, along and in II of this-hereinafter descr#bed parcel of land situate in the unfnen nrs Aff.ACU of Matra Costa, State of California, described as to#iowsr 9 'KSCIUKO IN THE EXHIBIT "A• ATTACHED HERETO 3l s. f CN The foregoing grant Is made subject to the following terse and canditionst �t1 • I. rwrtao herbbyy aeknowledgee District's title to said lands and Woes never to 406411-or resist sold title. 2'. Grant",shod*, prior,to aag construction or Instal lotion within the subject ` "Soment area, subset seeeitic plans and sWitications to District for review and approval. twit approval, together with any additional requirements to be in the forty r Of a srl"M persalt Issued by District to•Grant". it Is understood by Grantee that District's ragw1rsmeatts wtil be particularly restrictive for any construction or ssaintenanae to be done In the winter period (defined as between October I and April ISI. ' 3. The District reserves Its prior rights to use any and all of sold lands for . anY paV,0Ve Including, bwt not limited to construction, reconstruction, repairing, s.Y saint# #fi#ng,.awdify#+q, excawting, relocating, or removing Flood Control #act titles and rt*tW&cs* ttwrato. Grantee's use of this easeswurt and the exercising of any rim# Ntniier fMill, is no ray, interfere with the District's use of said lands. I.n want,*sntae's• use sbcwjd interfere, Grantee sh&II, at the request of the > j Dist , Mad at'Grsntee''a sale coat and. *xpeesa, modify or relocate its taci'sties to tbf sati#.�tIQ4 of the Oistr#ct within Chir; (30) deys after written not ce to 90 si4 in (ftp orient Ora"se foils so to da, *444 worts may be performed by O.;trlct at "V of Greatse. which expemse Grantee agrees to pay to District promptly r spoon dppw�t#'#rtalud#ng "%i•neering casts and any legal fees Incurred to collact said costp< A d. Lxcept In the case of emergency repairs, Grantee shad not relocate, modify ar r"C"trUct its fact IItiasnwithout first obtaining the for a pr approval O! Its plans, by the District. � 4 v .4. • r .'�...� M,t!• ra-K sty-9,r V. a , F, t=J I / 041— 0 ray ir+ rit�...�...._ r.r. / L _ y 770 . 4. Any and all Olstrlct facilities removed or damaged as a result of Grantee's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the $ole cost and expense of Grantee. In the *-went Grantee sells so to do, said work may be performed by District at the exponse of Grantee, which expanse Grantee agrees to pay to District promptly upon demand, including engineering costs and any legal fees incurred to collect sold costs. d. Grantee agrees that District assumes no responsibility for the construction, maintenance or repair of Grantee's facilities resulting from District's operations and use of said lands. 0.' 7. Nothing heroin contained shall be construed to prevent District from granting other easements over said lands or using said lands for any and ail purposes, pro- vided, however, that District shall not unreasonably prevent or obstruct Grantee's easement rignts hereunder, subject to the provisions as contained In paragraph 3 above. S. Grantee agrees to defend, indemnity and hold harmless the District of and from any and all claims, demands, costs, damages, losses, actions, causes of action or judgments which District may'pay or be required to pay by reason of any damage. In- cluding inverse condemnation, injury or death to any person or property suffered by any person, firm or corporation as a result of the exercise by Granter of the rights herein granted to It. 9. In the event Grantee shall cease to use the easement hereby granted for a continuous period of one year or in the event Grantee abandons any of its facilities Of fails to use the easement for the purpose for which it Is granted, then all rights ! of Grantee in and to said lands shall thereupon cease and terminate and title thereto shall lamodiatoly.revert to ano vest in the District or Its successors. Upon any ' termination of Grantee's rights hereunder, Grantee shall, upon request*quest by the Dtstrict, and at Grantee's sole cost and expense, remove all Its facilities from said lands and restore said property to its original condition. Upon failure of Grantee so to do, said work may be performed by the District at Grantee's expense, which expense brant*$ agreea to' pay to District upon demand. 1 10. No rights granted hereunder shall be transferred or assigned without the prior written consent of the District-. 11. This easement Is granted subject to any prior rights hold by others within sold sans. 12. •.Nothing herein contained shall be domed to construe that access or other secondary rights are conveyed by this document over any of first parties adjacent lands lying outside of the storesaid strip of land above described. 13. This Indenture and all of this covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective _ n- parties hereto. -.3 :gym IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 27th sy day of _ tletoher , 19 75 t: Board of Supervisors.of Contra Cog i County as ex officio Board of Supervisor,. of Term and conditions agrtsad to: CON. COSTA C CONTROL W1SCN.OIL 111iY R RYATION ICT a I roan, Board Attest: J. R. OLS5ON, Clerk 41► By sputy '� ti+tR OI li4tR�lY . r.' •' OMMA Cil[{[A+e[t �' t9 f:it.l:.trllrt t ox tit:.11': -4 ' W. N. Boggess ' . 2 . r �,._- [w,.n OCT_2 7 1975�. .L d�....e.��4.�i":7e�r+4a►:"� �t;� . SrArs OF CAUFORNiA .wrr awtY al Los Angeles ox7704 30 •' cew.�113�1L.t� 1 �� Arr}tea aar. Loufsa Mlinthe r a,Vaarryp k&.iaawdlatmw*• --- rNl4wawt..r.t++trr ; Caaaftp and.Starr.prnonaNY appeattrd Qsrar Olsen { �nuww td m br ice PreslUnt i ai tha rvr/r+raNan that exrratrd the withln inxtratnent and also baown to mr tri be the Perrin—who exrratrd it an bthail of xaeh rar and aebwowiM�rtt to me Shot twt'h t-Oopuwim rxrratrd the within inxtaanent pursuant to its by.lawt or a rrtaiatian of to board al dirtellArt t � ,•ltoontYiteanrrnxiWarm inansaYrrCtawwy W"Wok.»rra"ft"0Vw ttriAr'"taW and trrtwr coow .. Notary PaM $ 19 A th IE Y w.:.r..•tart wrrr rr or.fICIAL$OCAL LOt3", yVYh1T)eR .sW -nt .� tt�T�rt PJdt!•' •.: I •arraaa "�` bpt warn rttxtas€_M IZ,il7t ova's Yt9T0 L vYMnwt 91.0.. YOl.Ww—G 900 4 a t i t 1 i 4 • i' e �y � - t r ✓' 'J � ��: �•''Huta`° +'° ,r EXHIBIT "A' BDJX7704 im 31 PARCEL 1 A portion of that parcel of land described in deed to the Contra Costa County r 7, Flood Control and Yater Conservation District. recorded June 15, 1966, in Book 5141 at page 435 of Official Records of Contra Costa County. State of California. • ..;u being more particularly described as follows: , ' t _. ., Commencing at the-State Lands Commission Monument "Avon" having California i Coordinate System Zone 3. coordinates of X • 1,545,386.26, V * 561,570.34; thence -` -� North 181 391 30" West. 231.00 feet; thence South 710 20' 30' West. 134.62 feet , to the true point of beginning; said true point of beginning being on the north- easterly line of said Parcel (5141 OR 435); thence South 71" 20' 30" West, 104.91 " feet; to the southwesterly line of said Parcel (5141 OR 435); thence North 59° 02' 55" West, 66.65 feet along said southwesterly tine; thence North 71' 20' _30" East, 109.47 feet to the said northeasterly tine (5141 OR 435); thence South 550 52' 53" East, 62.79 feet along the said northeasterly line to the true point of beginning. PARCEL 2 +> A portion of that parcel of land described in deed to the Contra Costa County Flood Control and Water Conservation District recorded December 2. 1968 in Book 5761 at page 386 of Official Records of Contra Costa County, State of California, " being more particularly described as follows: Caameacing at the State Lands Commission Monument "Avon" having California Y Coordinate System, Zone 3. coordinates of X a 1,545,386.26, V ■ 561,570.34; thence North 18. 39'' 30' West. 231.00 feet; thence South 710 20' 30" West, 372.86 feet to the true point of beginning; said true point of beginning being on the northeasterly rce lime of said Pal (5761 OR 386); thence South 71 20' 30' West, 399.62 feet to a point from which the center of a curve. concave to the northeast and having a radius of 5,750 feet bears North 35' 391 44' East, said point being on the southwesterly line of'said Parcel (5761 OR 386); thence northwesterly along the said southwesterly line. 'being along the arc of said curve, an arc distance of 61.35 feet to a point from wMch the center of said curve bears North 36. 16` 24" East; thence North 71" 20. 30" East, 384.26 feet to a point on the northeasterly line of said parcel (5761 01386); thence Soutb 64. 08' 41" East. 71.32 feet along said northeasterly line to fibs true pofmst of beginning. All bearings are based on the California Coordinate System, Zone 111. _e p. 4•° i . •� , # .: ''ice AT NI,, pplLO v� i� , ;fir t}t +Dn'Y• ./ >. r it Ca . +:. D \kyr 4i 1, ' ��,,pp >,,' •w.+f} / ��„o...+l"�f'__r! _.y c � •. � +�,%+t .f:"''�` �"'� � �ua� '!fit iL� ,, D '1 'r SIM`- ,may �• I ..+'� ' ` •rN• ,�" D i��� �`; 555`"` '� ,,••�-'~' Alit VITO 4f } .1 ie t r. • , J 't~w y t