HomeMy WebLinkAboutMINUTES - 04082003 - C6 i
TO: BOARD OF SUPERVISORSiLf�
FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR
DATE: APRIL 8, 2003
SUBJECT: Approve Easement Agreement from The Burlington Northern and Santa Fe Railway Company.
Martinez area. [CP 00-37]
Project No.: 0672-6R6351 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUS'T'IFICATION
I. Recommended Action:
A. APPROVE the Easement Agreement with The Burlington Northern.and Santa Fe Railway Company,
and AUTHORIZE the Chair, Board of Supervisors to execute said document on behalf ofthe County.
B. APPROVE payment of$2,000.00 for said property rights and AUTHORIZE the Auditor-Controller to
issue a check in said amount payable to The Burlington Northern and Santa Fe Railway Company,2650
Lou Menk Drive,Fort Worth,Texas 76131,to be forwarded to the Real Property Division for delivery.
C. DIRECT the Real Property Division to have the above referenced Easement Agreement recorded in the
Office of the County Recorder.
II. Financial Impact:
Payment of$2,000.00 from County road funds.
IIL Reasons for Recommendations and Bacicronnd:
These property rights are required for the repair of Christie Road project in accordance with the approved plans
and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the approved plans and
specifications.
Continued on Attachment: SICNATU { r
_RECOMMENDATION OF COUNTY AMINIS TOR
—RECOMMENDATION OF BOARD C MIT E
,✓APPROVE THER
SIGNATURE(S):
ACTION OF BO ON APRIL 08, 2003 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUP;RVISORS
xx UNANIMOUS(ABSENT No le )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
DISTRIC17=SE.AT VACgIT minutes of the Board of Supervisors on the
LLO:eh date shown.
G:\GrpData\RealProp\2003-Files\BOs&RES\bo2BNSF.doc
Ong.Div: Public Works(R/P)' _ ATTESTED: APRIL 08, 2003
Contact: L.Lucy Owens(313-2229) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via RIP)
P.W.Accounting
Recorder(via R/P) BY - V Deputy
Board Order Senior Clerk,Adm.
WHEN RECORDED MAIL TO:
CONTRA COSTA.COUNTY
Public Works Department
Real Property Div.
255 Glacier Drive
Martinez,CA 94553
A ttn - L.t.t•E e-"l Wiz/-enS
MAIL TAR.STAIIMWIM TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOC"UNIENTARY TRANSFER TAILS --
.—Computed on the consideration or value of Property cmveyed,OR
...Cow4mted on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent detern*Wng Tax-Firm Natne
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, whose
address for purposes of this instrument is 2650 Lou Menk Drive, Fort Worth, Texas 76131
(`'Grantor'') and CONTRA COSTA COUNTY ("Grantee"), whose address is for purposes of
this instn merit 225 Glacier Drive, :Martinez, California 94553, ATTN: Karen Laws, Principal
Real Property Agency,have entered into this Easement Agreement.
Wn"NESSETH that for and in consideration of $2,000.00, and the promises of the
Grantee hereinafter specified, Grantor does .hereby remise, release; and quitclaim unto the
Grantee,e, subject to the terms and conditions hereinafter set forth, an EASEMENT for the
purpose of installing, altering, removing, replacing, repairing, maintaining and using subsurface
soil nails and for no other use hereinafter called the 'Permitted Ilse") over, upon and across the
portion of Grantor's property shown on Exp attached hereto and incorporated herein and as
described on.Exd.it B attached hereto and incorporated herein(the"Premises").
RESERVING, however, unto the Grantor, its successors and assigns, the right to use the
Premises in any manner not inconsistent with the Permitted Use granted herein, including, but
not limited to, the right to construct, place, operate, maintain, alter, repair, replace, renew,
improve and remove communication lines above, below and on the surface of the Premises,
including, without limitation, transmission by conduit, fiber optics, cable, wire or other means of
electricity, voice data, video, digitized information, or other materials or information, pipelines,
utility lines, track and facilities including the right of ingress and egress in any such manner as
does not unreasonably interfere with Grantee's use of the Premises for said Permitted Use, and
all right and privilege of ingress and egress to said Premises as Grantor, its successors and
assigns may require to investigate and remediate environmental Contamination and hazards.
The foregoing easement is made subject to and upon the following express conditions
and covenants of Grantee.
1.. Grantee's rights are subject to existing interests in the above-described Premises to
whomsoever belonging and of whatsoever nature and any and all extensions and renewals
thereof, including but not limited to underground pipe line or lines, or any type of wire line or
lines, if any.
L. No permanent above ground improvement may be constructed on Grantor property
within twenty-five feet of the centerline of any track.. Subsurface improvements within the
Premises shall be limited to the installation of soil nails as shown on EX i ' andt
:3. Any and all cuts and fills, excavations or embankments necessary in Grantee's
construction, maintenance, or future alteration of said soil nails shall be made and maintained in
such manner, form and extent as will provide adequate drainage of and from the adjoining lands
and Premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the
natural and pre-existing drainage from such lands and Premises of the Grantor, the Grantee shall
construct and maintain such culverts or drains as may be requisite to preserve such natural and
pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the Premises of the Grantor, such extensions to be of
adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of
materials and workmanship equally as good as those now existing.
4. The Grantee shall bear the cost of removal, relocation or reconstruction of any and
all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or
reconstruction of which may be made necessary by reason of the use of said Premises by
Grantee.
i
5. All activities performed by Grantee or on Grantee's behalf shall be in accordance
with prudent standards of professional environmental practice and in compliance with all
applicable laws. If, as a result of Grantee's activities_ or use of the Premises, there is
contamination of the Premises, Grantee shall perform any necessary remediation as required by
applicable law at Grantee's sole cost and expense. Grantee recognizes and assumes all
responsibility under applicable laws relating to any contamination of the Premises or
groundwater to the extent caused by Grantee's use of the Premises. The parties agree that
Grantee's discovery of any existing contamination on the Premises shall not be deemed to be
activity of Grantee or caused by Grantee except to the extent such existing contamination is
aggravated by Grantee's use. Grantee shall promptly report to Railway in writing any conditions
or activities upon the Premises that create a risk of harm to persons, property or the environment
and shall take whatever action is necessary to prevent injury to persons or property arising out of
Grantee's use of the Premises, provided, however, that Grantee's reporting to Railway shall not
relieve Grantee of any obligation whatsoever imposed on it by law or this instrument. Grantee
shall promptly respond to Grantor's request for information regarding said conditions or
activities.
6. The Grantee or its contractor(s) shall. telephone Grantor's Communication Network
Control Center at (800) 533-2591 (a 24 hour number) to determine if fiber optic cable is buried
anywhere on the Premises; and if so, the Grantee or its contractor(s) will contact the
Telecommunications Company(ies) involved, and make arrangements with the
Telecommunications Company(ies) for protection of the fiber optic cable prior to beginning any
work on the Premises.
7. Grantee shall maintain said nails and exercise its rights to use the Premises as set
forth herein in a manner so as not to cause a threat to the safe operation of Grantor's property.
Grantee shall maintain a self-insurance program reasonably acceptable to Grantor and shall
provide evidence of such program to Grantor.
8. Grantee or its contractor(s) shall notify Grantor's Division Superintendent at
Stockton, California, a minimum of five days prior to Grantee or its contractor(s) entering upon
the Premises (except for emergencies which may affect the public health, safety and welfare) or
to perform any work within 50 feet of any railroad tracks to enable Grantor to furnish flagging
and such other protective service as might be necessary and Grantee shall reimburse Grantor for
the cost thereof; provided, however, Grantee shall not be required to reimburse Grantor for the
cost of furnishing flagging when Grantee enters upon the Premises to perform routine
maintenance.
9. The Grantor does not warrant its title to said Premises nor undertake to defend the
Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is
subject to all outstanding rights or interest of others, including the tenants and licensees of the
Grantor.
10. This easement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, assigns and successors of Grantor. Grantee may not assign its rights in and to
this instrument or the Premises unless the assignee provides insurance coverage benefiting
Grantor reasonably acceptable to Grantor.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes
aforesaid and for no other purpose whatsoever subject to the terms and conditions hereinbefore
stated.
IN#:WITNESS WHEREOF,Grantor and Grantee have executed this Agreement as of
the day of I , 2003.
CONTRA COSTA COUNTY THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By By:
C hair,Board of Supervisors Name:
Title:
Date APRIL 08, 2003
Attest:
Name:
Title:
Approved as to Form:
Silvano B. Marchesi, County Counsel
Date
4
By :jt�9
Deputy
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA)
On: 1. 8, Ste. Irk leer personally
appeared before me, ,Deputy Clerk
of the Board of Sue ,Contra Costa County.
Sup. Mark De B Ghr is personally known to me(or
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 hetshe/they executed
the same in his/heritheir authorized capacity(ies),and that by
his/Aerttheir signature(s)on the instrument,the person(s),or
the entity upon behalf of which the person(s)acted,executed
the instrument.
WITNESS my hand and official seal.
Ey: `' = (seal)
H�epixry lark
LLO:eh
G:\GrpData\F:ca3Prop\2003-Files\03-3\IN WITNESS WHEREOF.doc
3/21/03
EXHIBIT "A"
40.00' YY IDE
F
ROADWAY EASEMENT i
1
TO CONTRA COSTA. COUNTY i
3875 OR 62 i
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N290 07'33''E 110.00'
42.01' 40 02' !
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SCALE 1"=40` 0 �, v
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PARCEL. 2
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49.35' 40.0
N290 07'33"E 110.00' !
! CO FILE NO f",351OW4.d9n
L. ! N D S E Y CONTRA COSTA COUNTY
12354 OR 108PUBLIC WORKS DEPARTMENT
MARMMZ CALIFORNIA
PARCEL NO . 1 ROAD No. 2383
CHRISTIE ROACH
R/W ACQUIRED SIDE REPAIR
RIGHT OF WAY
lnstr -- SCALE V-10' DA'Z'E SEPTEMBER 2C�Ot
Recorded Series) DRAWN BY PP FILE NO.
CHECKED SX MA23$3-01
Ilk
Christie Road (Road No. 2383)
Easement from B.N.S.F. Railway Co.
For Slide Repair
File No. MA 2383;01
EXHIBIT "B"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the Rancho El Pinole, described as follows:
PARCEL 1 (Permanent Subsurface Easement)
Commencing at a point on the southerly line of the 40.00 feet in width roadway
easement described in the deed from the Atchison, Topeka and Santa Fe (A.T.&
S.F.) Railway Company, predecessor of the Burlington Northern Santa Fe
(B.N.S.F.)Railway Company,to the County of Contra Costa recorded May 25,1961,
in Book 3875 of ficial Records at Page 62, at the most northwesterly comfier of
Parcel No. 1 described in the deed from A.T. &S.F. to Lindsey, recorded June 10,
1985 in Book 12354 of Official Records at Page 108, said point being hereinafter
referred to as point "A"; thence from said point of commencement, along the
northerly prolongation of the westerly Eine of said Lindsey parcel, north 29'°07'33"
east 40.02 feet to the northerly line of said roadway easement(3875 OR 62)being
the Point of Beginning; thence from said Point of Beginning, along said northerly
easement line north 62°44'°18"west 207.08 feet;thence north 2907'33"east 27.37
feet to a point which is 15.00 feet(measured perpendicular to)the centerline of the
existing railroad track; thence parallel with said centerline, south 60°5227" east
205.97 feet;thence leaving said parallel line,south 2907'33"west 20.63 feet to the
Point of Beginning.
Containing an area of 4,967 square feet of land more or less.
PARCEL. 2 (Temporary Construction Easementl
A temporary easement, to terminate on December 31, 2003, for construction
purposes and incidents thereto, upon, over, and across the following described
parcel of land:
Beginning at point"A" as described in Parcel 1 above; thence along said Lindsey
westerly line(12354 OR 108),south 29°07'33"west 49.35 feet;thence leaving said
westerly line, north 60"52'27"west 206.97 feet; thence north 2907'33"east 42.61
i
e
feet to a paint on the southerly line of said roadway easement(3875 OR 62);thence
along said southerly line,south 62'44'18"east 207.08 feet to the Point of Beginning.
Containing an area of 0,616 square feet of land more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: l�1Yb
Licensed nd urveyor sr4'G.G
Contra Costa County Public Works * 9/30/03
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