HomeMy WebLinkAboutMINUTES - 06082004 - C24 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL, AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adapted this Resolution on June 8, 2044, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
,ASSENT: NONE RESOLUTION NO.200413p3
Deerings Water cede, Uncodified Acts
ABSTAIN: NONE Act 1666§32
West's Water Cade,Appendix 64-31
Government Cole§25526.5)
SUBJECT: ADOPT Resolution No. 2004/ 303approving the Conveyance of a Subsurface Easement
Within Flood Control District Property.
Project No. 4540-6G5278
Martinez Area. District 11.
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa
County Flood Control and Water Conservation District, RESOLVES THAT:
The District acquired that certain real property described and shown in Exhibits "A-1"through "A-
3,"each of which exhibits are attached hereto, on August 14, 1962, February 17, 1966, and on June 3,
1969. SFPP, L.P., a Delaware limited partnership (SFPP), now desires to acquire one subsurface
easement within these properties.
This Board ADOPTS the previously certified Concord to Sacramento Petroleum Products Pipeline
Project Final Environmental Impact Report(Lead Agency:California State Lands Commission,CA-SCH
# 2002022010) and Statement of Overriding Considerations for the SFPP Concord to Sacramento
Petroleum Products Pipeline Project for the purpose of conducting real property transactions, issuing
flood control permits and issuing road encroachment permits associated with installation of the SFPP
Concord to Sacramento Petroleum Products Pipeline (this Final California Environmental Quality Act
(CEQA) document is available for review at the Clea of the Board of Supervisors, Public Works
Department, or on fine at http:/www.sic.ca.gov/Division-Pages/DEPM/DEPM Programs—and Reports/
SFPP Final_EIR.htm); and
FINDS 'based on the evidence outlined in the California State Lands Commission Final
Environmental Impact Report(FEIR)that the project is the responsibliity ofSFPP, L.P. and the California
State Lands Commission, and not Contra Costa County, and
FINDS that SFPP, L.P. has adopted mitigation measures that substantially lessen the significant
impacts ofthe iproject as identified in the FEIR; and
KLDRA:eh
G.i&pDatatReelProp=o4-Flleete0S&REsrsa si=pp subeurfece Easwwtdw I hereby certify that this is a true and correct
Orig. Dept.: Public Works(RIP) copy of an action taken and entered on the
minutes of the Board of supervisors on the
Contact: • Dick R.Awenlus(335-2227) date shown.
(recording to be completed by Paragon Partners Ltd.
cc: Public Works Records ATTESTED- - JM Q80 2 O4
Grantee(via WP) JOHN SWEETEN, Clerk of the Board of
Recorder(via €IP) Supervisors and County Administrator
Community Development Rept.
Board Orders Clerk Specialist,Adm. By— �. Deputy
RESOLUTION NO. 20041 303
Subject: Conveyance of a Subsurface Easement Within Flood Control District Property
Gate: June 8, 2404
Page: 2
FINDS that these potentially significant impacts that cannot be mitigated are addressed in a
Statement of Overriding Considerations, and
FINDS that granting the necessary easements, road encroachment and flood control permits to
accommodate the installation of the pipeline facilities will not cause a significant impact, except for those
potentially significant impacts that are addressed in the Statement of Overriding Considerations, and
ADOPTS a Statement of Overriding Considerations to address the potentially significant impacts
associated with the real property transactions; and
DIRECTS the Director of Community Development to file a Notice of Determination with the
County Clerk; and
AUTHORIZES the Chief Engineer to arrange for payment of a $25 fee to Community
Development for processing, and a $25 fee to the County Clerk for filing the Notice of Determination.
This Board also FINS that the conveyance of such easement is in the public interest and will not
substantially conflict or interfere with the District's use off the property, and the estimated value of the
property does not exceed $25,000.
This Board hereby APPROVES and AUTHORIZES the conveyance of a non-exclusive subsurface
easement to SFPP, L.P.,a Delaware limited partnership,pursuantto Govemment Code Section 25525.5
and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute the easement document on
behalf of the District in consideration for the payment received in full in the amount of$3,000.00,which is
the estimated fair market value of the property.
The Real Property Division is DIRECTED to cause said Grant of Easement document to be
delivered to the grantee.
RESOLUTION NO. 2004/,10
=BIT "A - 1"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide,in the historic bed of Walnut Creek as
shown on the plat for Swamp and Overflowed Lands Survey No. 173, Contra Costa
County, currently known as Grayson Creek(flood control channel), situated in Contra
Costa County, State of California, located in the West One-Half of protracted Section 23,
Township 2 North,Range 2 West, Mount Diablo Base and Meridian, said centerline
described as follows:
Beginning at the California State Lands Commission Monument "Tydol",having CCS83
Zone 2 coordinates of X=6,543,633.09 feet and Y=1,766,350.38 feet;thence
S fly°0607" E 3119.00 feet to the TRUE POINT OF BEGINNING, said point being on
the current northeasterly bank of said Creek;thence S 74°21' 52" W 211.11 feet to a
point on the current westerly bank of said Creek, said point bears S 67°52'44"E
6672.67 feet from the United States National Geodetic Triangulation Station"Vine",
having the coordinates X=6,537,525.65 feet and Y=1,765,699.53 feet.
Containing 2544 square feet (0.06 acre),more or less. ,
Bearings, distances and coordinates in the above description are based on the California
State Plane Coordinate System (NAD83)Zone 2.
END OF DESCRIPTION
Page 1 of 2 ,
. 6/3
246
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� 05/19/04
FROM CSLC -
ENT
CONTRA CO A COUNTY MOL"
SEC. �
T. 2 N., R.� \W. �
M.D.B.& M.\ N
� 44 O
�c / NORTHEASTERLY BAN
GRAYSON CREEK
r rn
,t ` ►
CENTERLINE OF EASEMENT `
WESTERLY BANK 1 WIDE X 212' LG
GRAYSON CREEK t � 2544 FT. (0.06 Ac) \ .•�'
;{p
TRUE POINT OF � �-
FROM USNGT j/ ' EGINN#NG
STATION
VINE -
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t 1
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I1/
r A ' 4181 O.R. 30 `
PARCEL 198
C.C.C. FLOOD CONTROL &
WATER CONSERVATION DIST. `
6308 fl.R. 660
;�' f PARCEL ONE (F.C. NO. 512)
C.C.C. FLOOD CONTROL &
fr WATER CONSERVATION DIST. c `�
a Os
a / 32 46
' t DISTANCES GIVEN ARE GRID.
sli TO CONVERT TO GROUND, Cl y
a / t MULTIPLY BY 1.000088202 . r�OF*C I�O�
05/19/04
PERMANENT PIPELINE EASEMENT SLS-130
ORMA
SFPP, LP. PLAT EXHISI T SRF CCC-012.001-Z
1100 TOWN ac COUNTRY ftffAO Sheet 1 Of 1 °"�
Y ORANGE, CA 9266E tt5/19/04
MaBIT "}A - 2"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide,in the historic bed of Diablo Creek as
shown on the plat for Swamp and Overflowed Lands Survey No. 173, Contra Crista
County,currently known as Walnut Creek(flood control channel),situated in Contra
Costa County,State of California, located in the West Cine-Half of protracted Section.23,
Township 2 North,Range 2 West,Mount Diablo Base and Meridian, said centerline
described as follows.
Begirming at the California State Lands Commission Monument"Tydol",having CCS83
Zone 2 coordinates of X ,543,633.08 feet and Y=1,766,350.38 feet; thence
S 15°'33" 15" E 3066.44 feet to the TRUE POINT OF BEGINNING, said point being on
the current easterly bank of said Creek; thence S 74121' 52" W 565.84 feet to a point on
the current westerly bank of said Creek,said point bears S 68°5742" E 6840.80 feet
from the United States National Geodetic Triangulation Station"'Wine",having the
coordinates X=6,537,525.65 feet and Y=1,765,699.53 feet
Containing 6792 square feet(0.16 acre),more or less.
Bearings,distances and coordinates in the above description are based on the California
State Plane Coordinate System(NAD83)Zone 2.
END OF DESCRIPTION
Page 1 of 2
Exp.
o. 00329
CIvI �-
OF CA
o5/11/a4
FROM CSLC
` MONUMENT
5060 O.R. 567 "TYDOL"
PARCEL 15A
\` C.C.C. FLOOD CONTROL & %
`WATER CONSERVATION DIST. ' wcr°
�e
\` TRUE POINT OF M
BEGINNING ,
WESTERLY BANK
WALNUT CREEK `
S 74°21'52" W
565.84' t�
/� ROM USNGT %
//STATION �
"VINE"
EASTERLY BANK
WALNUT CREEK
CENTERLINE OF EASEMENT
12' WIDE X 566' LG
6792 SQ. FT. (0.16 Ac) ,
� / s
CONTRA COSTA COUNTY
SEC. 23 , '-
/
M.D.B.& M. � ' Exp. 6/30
' 0032 6a
h.l y
DISTANCES GIVEN ARE GRID.
of ,' TO CONVERT TO GROUND, �,� '�� CIV
/ MULTIPLY BY 1.0000368202 . '\ SOF CA Off'
05/19/04
PERMANENT PIPELINE EASEMENT LS-130
SFPP. L.P. MAVS
PLAT EXHIBIT SRF CCC-011.001—z
1100 OR�E cA 92868ROAD Sheet 1 of 1 °"'E
45/19/04
EXHIBIT "A - 3"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide, in the historic bed of Pacheco Creek,
Contra Costa County, situated in Contra Costa County, State of California, located in the
Northwest Quarter of protracted Section 22,Township 2 North,Range 2 West,Mount
Diablo Base and Meridian, said centerline described as follows:
Beginning at the United States National Geodetic Triangulation Station "Vine",having
CCS'83 Zone 2 coordinates of X=6,537,525.65 feet and Y=1,765,691.53 feet, thence
S 860 26' 23" E 1611.27 feet to the TRUE POINT OF BEGINNING, said point being on
the historic northwesterly bank of said Creep; thence S 40° 18' 39" E 158.72 feet to a
point on the historic southeasterly bank of said Creek, said point bears S 78°46' S7" W
4482.22 feet from the California State Lands Commission Monument "Tydol",having
the coordinates X=6,543,633.08 feet and Y=1,766,350.38 feet.
Containing 1908 square feet(0.04 acre),more or less.
Bearings, distances and coordinates in the above description are based on the California
State Plane Coordinate System(NAD83) Zone 2.
END OF DESCRIPTION
Page 1 of 2
{
EXP. 6/30/
N . C032946
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OF CALF
05/11/04
jr
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r
r
s
PARCEL 403 & 404 r -• �'/
5888 Q.R. 558 ' Jp—
C.C.C. FLOOD CONTROL & � j% rr
WATER CONSERVATION DIST.
NORTHWESTERLY BANK rr TRUE POINT OF / r
PACHECO CREEK BEGINNING r
r
FROM USNGT r SOUTHEASTERLY
STATION -- - 8B°`28`23E S 40"18'39" E BANK
"VINE" 1611. 7 " J 158.72' r PACHECO CREEK
r
PARCEL 403 j
J#
CENTERLINE OF EASEMENT r FROM CSLC
12' WIDE X 15W LG MONUMENT
1908 SO. FL (0.04 Ac) > S ��5T �--' "IYtOL"
PARCEL 4134
E r
j
t
t POINT "P-9"
1 / 5888 O.R. 588
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CONTRA COSTA CQuNTY `` c
N 2 SEC. 22
T. 2 N., R. 2 W. . 6
M.D.B.& M. No. 46
l
n DISTANCES OVEN ARE GRID. P
TO CONVERT TO GROUND, t CI tl.
MULTIPLY BY 1.400088202 . t �. �r�OF C
05/19/04
{ t
PERMANENT PIPELINE EASEMENT L.S---130
SFPP, L.P. PLAT EXHIBIT sRF CCC--017.001--z
11/0 TOM & COUNTRY ROAD Sheet 1 of 1 05 19/04
ORANGE. CA 92US /
SFPP, L.P. 20" Pipeline Easement
Recorded at the request of:
Paragon Partners Ltd.
After recording return to:
Paragon Partners Ltd.
1451 River Park Drive, Ste.251
Sacramento,CA 95815
Attention: Pam Samms
GRANT OF EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT,a
political subdivision of the State of California,(hereinafter"DISTRICT"),owns fee title absolute to
that property described and shown in Exhibits "A-1" through "A-3," each of which exhibits are
attachedhereto. That property is situated in the County of Contra Costa, State of California, and
shall hereinafter be referred to as the"Property." GRANTEE desires to obtain a perpetual easement
and right of way across a section of the Property to operate and maintain a pipeline.
For good and valuable consideration, including but not limited to the agreements contained herein,
the receipt and sufficiency of which are hereby acknowledged,DISTRICT hereby grants to SFPP,
L.P., a Delaware limited partnership, (hereinafter "GRANTEE"), only non-exclusive perpetual
subsurface easements and right of way for installing, constructing, reconstructing, removing,
replacing, repairing, upgrading, maintaining, operating and using a twenty-inch (20") petroleum
pipeline("Petroleum Pipeline"),via underground,direct-bore methods,and appurtenances thereto,
and for no other purposes whatsoever, along and in the Property.
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this
easement is for all flood control purposes, including, but not limited to, the right by
DISTRICT or Contra Costa County employees,contractors,or authorized representatives,to
enter onto the Property to clear vegetation,perform dredging,conduct studies, or any other
flood control purposes. GRANTEE acknowledges and agrees that the use just described
constitutes the primary use of the Property,and that any and all rights granted or implied by
this Grant of Easement are secondary and subordinate to the primary use of the Property by
the DISTRICT,its successors and assigns. GRANTEE shall not, at any time,use or permit
the public to use the easement area in any manner that will interfere with or impair the
DISTR.ICT's primary use of the Property,nor shall GRANTEE use, or allow others to use,
the Property for any use or purpose not directly related to the installation, operation, and
maintenance of a petroleum pipeline. Uses that are considered not to be directly related to
the installation,operation,and maintenance of a petroleum pipeline shall include,but not be
limited to, the installation and use of telecommunication, fiber optic,or other wire or cable
systems. GRANTEE shall not fence said easement without the prior written approval of the
DISTRICT, and shall remove any fencing when requested by DISTRICT to do so.
GRANTEE shall not otherwise obstruct the easement area.
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2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property
and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES:
A. Prior to any construction, reconstruction, remodeling, excavation, installation, or
plantings within the easement area Property,GRANTEE shall submit specific plans
and specifications to both the DISTRICT and the Contra Costa County Application
and Permit Center ("Permit Center") for review and written approval. Such
approval, with any additional requirements to be shall be in the form of written
permits issued by DISTRICT and the Permit Center to GRANTEE.
B. Normal,routine maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing pipelines,shall not require prior notice
to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site,including,but not limited to the requirements described in
the California State Lands Commission's (CSLQ SFPP Concord to Sacramento
Petroleum Products Pipeline Project Final Ella - October 2003.
C. Upon the completion of any of GRANTEE's work in or on the Property,GRANTEE
shall restore the Property to the condition it was in just prior to the commencement of
the work, including,but not limited to, the replacement of all paving, landscaping,
fixtures, and improvements, if any, all at GRANTEE's sole cost and expense.
4. MODIFICATION,RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate said
facilities within the easement area or,at DISTRICT's sole discretion,to remove its facilities
from the easement area to another site selected by DISTRICT,at GRANTEE's sole expense.
If DISTRICT directs GRANTEE to remove its facilities from the easement area to a site
outside the easement area,DISTRICT shall provide the GRANTEE with a similar easement
for the new site. GRANTEE shall be responsible for all costs of relocating its facilities but
shall not be required to pay for the relocated easement area. In the event that GRANTEE
fails to commence the required work within thirty days after being directed to do so in
writing by DISTRICT,or such reasonable extension as DISTRICT may agree to in writing,
or fails to complete the required work within a reasonable time thereafter,DISTRICT may
perform or complete the work at the expense of GRANTEE, which expense GRANTEE
agrees to pay to DISTRICT promptly upon demand,including but not limited to engineering
costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are
removed from the current easement area to a new easement area,GRANTEE shall promptly
quitclaim to DISTRICT its interest in the prior easement area,and shall return the Property to
its original condition or better.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of the
easement area by GRANTEE, or any other person or entity acting under GRANTEE's
direction or control,shall,at DISTRICT's discretion and direction,be repaired or replaced by
DISTRICT,with all reasonable costs and expenses to be paid by GRANTEE(including but
2
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not limited to engineering costs and legal costs of collecting any unpaid expenses)or shall be
repaired or replaced by GRANTEE,at the sole cost and expense of GRANTEE,equivalent to
or better than their existing condition. In the event that GRANTEE fails to commence the
required work within thirty days after being directed to do so by DISTRICT, or such
reasonable extension as DISTRICT may agree to in writing,or fails to complete the required
work within a reasonable time thereafter,DISTRICT may perform or complete the work at
the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT in full
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for
the protection,maintenance,damage to,or removal of GRANTEE's facilities,appurtenances
or improvements, caused by or resulting from DISTRICT's use of the Property or work or
operation thereon. It shall be the sole responsibility of the GRANTEE to provide and
maintain adequate protection and surface markings for its own facilities. Subject to the
foregoing,if GRANTEE's properly marked,protected and maintained facilities are damaged
by the sole, active negligence or willful misconduct of DISTRICT, DISTRICT shall repair
the damage at its sole cost and expense or,at the discretion of and upon written notice from
DISTRICT, the damage shall be repaired by GRANTEE and the pre-approved reasonable
cost of such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT
have any liability to GRANTEE or to any other person or entity,for consequential or special
damages,or for any damages based on loss of use,revenue,profits or business opportunities
arising from or in any way relating to, any damage or destruction of any portion of the
GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any
damage to or destruction of any portion of GRANTEE's facilities,to the extent DISTRICT is
otherwise so liable under this Grant of Easement,shall be to require DISTRICT to repair or
replace the damaged or destroyed portion or reimburse GRANTEE for GRANTEE's pre-
approved reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-exclusive.This
easement is subject and subordinate to all existing rights, rights of way, licenses,
reservations, franchises and easements of record, or that would be evident from a physical
inspection or accurate survey of the Property,in and to the Property. It shall be GRANTEE's
sole responsibility,obligation, and liability to determine if any other facilities have been so
located within or near the Property boundaries. DISTRICT shall have the right to require
GRANTEE to modify,remove,or relocate its facility within the easement area or to a similar
easement area to be granted to GRANTEE by DISTRICT at no cost, in a timely manner at
GRANTEE's sole cost as reasonably necessary to accommodate the DISTRICT's,or any
other existing user's right to construct, replace, enlarge, repair, maintain and operate its
facilities,in the same manner as required by Section 4 of this easement,including the rights
and remedies contained therein. GRANTEE agrees to take all precautions required to avoid
damage to the facilities of the existing users. If GRANTEE damages the facilities or
improvements of any existing user, GRANTEE shall repair or replace such facilities at
GRANTEE's sole cost and expense.Nothing contained herein shall be construed to prevent
DISTRICT from granting other easements, franchises, licenses or rights of way over said
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lands,provided however,that said subsequent uses do not unreasonably prevent or obstruct
GRANTEE's easement rights hereunder.
8. INDEMNIFICATION,AS-IS CONDITION OF PROPERTY:
A. In the exercise of all rights under this easement,GRANTEE shall be responsible for
any and all injury to the public,to persons and to property arising out ofor connected
with GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save,
protect and hold harmless,DISTRICT,its officers,agents,employees and contractors
from and against any and all threatened or actual loss,damage(including foreseeable
and unforeseeable consequential damages), liability, claims, suits, demands,
judgments,orders,costs,fines,penalties or expense of whatever character,including
but not limited to those relating to inverse condemnation, and including attorneys'
fees, (hereinafter collectively referred to as "Liabilities") to persons or property,
direct or consequential,directly or indirectly contributed to or caused by the granting
of this easement, GRANTEE's operations, acts or omissions pursuant to this
easement,or the GRANTEE's use of the easement,save and except Liabilities arising
through the sole negligence or sole willful misconduct of the DISTRICT,its officers
or employees.GRANTEE acknowledges that Property subject to this easement is in a
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or
assert any right or action against DISTRICT or the County of Contra Costa in the
event of damage to or disruption of GRANTEE's facilities caused or contributed to
by flooding, sliding, subsidence, erosion, and other causes, or water, and shall
indemnify, defend, save,protect and hold DISTRICT harmless from all Liabilities
resulting from such damage or disruption.
B. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
DISTRICT from any and all actual or threatened claims,costs,actions or proceedings
to attack, set aside, void, abrogate or annul this grant of easement or any act or
approval of DISTRICT related thereto.
C. GRANTEE accepts the easement area in an "as is" physical condition, with no
warranty, guarantee,representation or liability,express or implied on the part of the
DISTRICT as to any matter,including but not limited to the physical condition.of the
Property and/or the condition and/or possible uses of the land or any improvements
thereon, the condition of the soil or the geology of the soil,the condition of the air,
surface water or groundwater, the presence of known and unknown faults, the
presence of any hazardous substance,materials, or other kinds of contamination or
pollutants of any kind in the air,soil,groundwater or surface water,or the suitability
of the Property for the construction and use of the improvements thereon.It shall be
the sole responsibility of GRANTEE,at its sole cost and expense,to investigate and
determine the suitability of the soil, water, geologic, environmental and seismic
conditions of the Property for the intended use contemplated herein,and to determine
and comply with all building, planning and zoning regulations relative to the
Property and the uses to which it can be put. GRANTEE relies solely on
GRANTEE's own judgment, experience and investigations as to the present and
future condition of the Property or its suitability for GRANTEE's intended use and is
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not relying in any manner on any representation or warranty by DISTRICT.
GRANTEE agrees that neither GRANTEE,its heirs,successors,or assigns shall ever
claim have or assert any right or action against DISTRICT for any loss, damage or
other matter arising out of or resulting from (i) the presence of any hazardous
substance or any other condition of the Property at the commencement of the
easement or(ii)from the release of any hazardous substance in,on or around any part
of the Property or in the soil,water,subsurface strata or ambient air by any person or
entity other than the DISTRICT following the commencement of this easement. As
used herein,"hazardous substance"means any substance,material or waste which is
or may become designated,classified or regulated as being"toxic,""hazardous"or a
"pollutant"under any federal,state or local law,regulation or ordinance. Nothing in
this section is intended in any way to restrict the right of GRANTEE to seek
contribution or indemnity from any person or entity other than DISTRICT whose
activities are a cause of any discharge, leakage, spillage or emission of hazardous
materials on or to the Property.
D. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect
and hold the DISTRICT harmless from and against any and all claims, demands,
Liabilities, expenses (including without limitation attorneys fees and consultants
fees),penalties,damages,consequential damages and losses,and costs(including but
not limited to the costs of any required or necessary testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use,release or disposal of any hazardous substance,including all costs,
claims,damages(including property and personal injury)caused by the uncovering,
release or excavation of hazardous materials (including, but not limited to,
petroleum) as a result of GRANTEE's construction, reconstruction, maintenance,
use,replacement,or removal of its facilities,to the extent that such activities increase
the costs attributable to the cleanup or remediation of such hazardous materials.
E. The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT makes no
representations,warranties or guarantees of any kind or character,express or implied,with
respect to the Property, and GRANTEE is entering into this transaction without relying in
any manner on any such representation or warranty by DISTRICT.
10. ABANDONMENT: In the event GRANTEE fails to install the pipeline contemplated by
this easement within twenty-four(24)months after the execution of this easement,or ceases
to use the easement herein continuously for a period of one year,or in the event GRANTEE
abandons its facilities or 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 shall
immediately revert to and vest in DISTRICT or its successors. Upon any such termination of
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SFPP, L.P. 20" Pipeline Easement
GRANTEE's rights,GRANTEE shall,upon request by DISTRICT,and at GRANTEE's sole
cost and expense,remove all of its facilities from the easement area and restore said Property
to its original condition. Upon the failure of GRANTEE to do so, this work may be
performed by DISTRICT at GRANTEE's expense,which expense GRANTEE agrees to pay
to DISTRICT upon demand. GRANTEE shall, at GRANTEE's sole cost and expense,
execute any Quitclaim Deeds required by DISTRICT in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred,
apportioned or assigned without the prior written consent of DISTRICT.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that
access or other secondary rights are conveyed by this document over any of DISTRICT's
adjacent lands lying outside of the aforesaid strip of land above described.
13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement between
the parties hereto and shall not be modified in any manner except by an instrument in writing
executed by the parties or their respective successors in interest.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties,but rather as if both parties have prepared it. The parties to
this grant of easement and their counsel have read and reviewed this grant of easement and
agree that any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply to the interpretation of this grant of easement.
15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained
shall inure to the benefit of and be binding upon the heirs, successors and assigns of the
respective parties hereto.
16. WAIVER: A waiver of any breach of any covenant or provision in this Grant of Easement
shall not be deemed a waiver of any other covenant or provision in this Grant of Easement,
and no waiver shall be valid unless in writing and executed by the waiving party.
17. SEVERABILITY: If any term or provision of this Grant of Easement shall,to any extent,
be held invalid or unenforceable, the remainder of this Grant of Easement shall not be
affected.
18. GOVERNING LAS' ANIS VENUE: This Grant of Easement shall be governed by and
construed in accordance with California law. The venue of any litigation pertaining to this
Grant of Easement shall be Contra Costa County, California.
DRA:en 6
C:\aocuments and Settings\rawenius\Locat Settings\'Temporary Internet F11es\OLK1 B\51804SFPP C=asement doc.doc
5/19104
SFPP, L.P. 20" Pipeline Easement
IN WITNESS WHEREOF,this Grant of Easement is signed and executed this 8th day of_
JUNE , 2004.
DISTRICT GRANTEE
CONTRA COSTA COUNTY FLOOD SFPP, L.P. a Delaware Limited Partnership
CONTROL& WATER CONSERVATION
DISTRICT By: Kinder Morgan Operating L.P."D",
Its General partner
By: Kinder Morgan G. P.,Inc.,
By Its General Partner
hair Board of Supervisors By: Kinder Morgan Management,LLC,
The delegate of Kinder rgan G.P.,Inc.
By
aren Laws, By:
Principal Real Property Agent
Name: �
CB~ Title: -r- j=
Dick R. Awenius,
Sr. Real Property Agent
APPROVED AS TO FORM:
Silvano B. Marchesi, County Counsel
By
Deputy
Form Approved(07/99)
DRA:eh 7
C:\Documents and SettingsVeynoldsj1ocal Settings\Temporary Internet F11es\0t.K1A\51804SFPP Easement doc.doc
5/19/04
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On JUNE 08,_ 2004 before me, SDA L. SHARP Deputy Clerk of the Board of
Supervisors, Centra Costa County, personally appeared SUP. FEDERAL GLQVEPWho 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 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 executed the instrument.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signature-� VV-6� .(Seal)
134puty Clerk
G:1GrpData\Rea]Prop\FORMSIAK.01.doc
4/29/03
ACKNOWLEDGEMENT
State of California }
} S.S.
County of Orange )
Title of Document Grant of Easement
On May 20, 2004, before me, Martha Niguidula, Notary Public, personally appeared J.D.
",>�
Reynolds personally known to me �'^ r ' `^ ." A" t�`� ''a-- Of sa-sfavto�,
—ti-
evidenee to be the person(A) whose name(g) is/are-subscribed to the within instrument and
acknowledged to me that he/sheAhey executed the same in hislheA4heir authorized capacity(im),
and that by his/henkheir signature(g)on the instrument the person(o, or the entity upon behalf of
which the persons() acted,executed the instrument.
WITNESS my hand and seal.
r
MARTHA NIGUIDULA r'
_ cornrn;ss�a UA8147 ICNATURE NOTARY
is-V Ur'Ful-C(]1't rta y
CXCSftgo
r...'Stt1!P"t. 'T
(Seal)
EXHIBIT "A - 1"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide,in the historic bed of Walnut Creek as
shown on the plat for Swamp and Overflowed Lands Survey No. 173, Contra Costa
County, currently known as Grayson Creek(flood control channel), situated in Contra
Costa County, State of California,located in the West One-.Half of protracted Section 23,
Township 2 North,Range 2 West,Mount Diablo Base and Meridian, said centerline
described as follows.
Beginning at the California State Lands Commission Monument "Tydol",having CCS83
Zone 2 coordinates ofX=6,543,633.08 feet and Y=1,766,354.38 feet; thence
S050 0607" E 3119.00 feet to the TRUE POINT OF BEGINNING, said point being on
the current northeasterly bank of said Creek;thence S 74°211521, W 211.11 feet to a
point on the current westerly bank of said Creek,said point bears S 67°52'44" E
6672.67 feet from the United States National Geodetic Triangulation Station "Vine",
having the coordinates X=6,537,525.65 feet and Y=1,765,699.53 feet.
Containing 2544 square feet(0.06 acre),more or less.
Bearings, distances and coordinates in the above description are based on the California
State Plane Coordinate System (NAD83)Zone 2.
END OF DESCRIPTION
Page 1 of 2
ESS/
. 6
4$
ctvl •,
05/19/04
FROM CSLC
CONTRA COTA COUNTY "TYDOLENT !t \\
SEC. �2 l
T. 2 N., R. W. � I �\
M.D.B.& M.\\\ N,
NORTHEASTERLY BANK ,
t
GRAYSON CREEK \
rn
" CENTERLINE OF EASEMENT \
WESTERLY DANK > \\ 1 12' WIDE k 212' LG
GRAYSON CREEK " ' 2544 SCI. FT. (0.06 Ac) � •�`
TRUE POINT OF
FROM USNGT / , ' BEGINNING
STATION 1 r v
VfNE
1 1
1 1
r
" 'S 74°21152" W r \\
211.11 t j
t 1
\
t 1
r
7!
01 \
4181 O.R. 30
PARCEL 198
" C.C.C. FLOOD CONTROL & \
" WATER CONSERVATION DIST.
t
6,308 O.R. 860
PARCEL ONE (F.C. NO. 512)
C.G.C. FLOOD CONTROL & \
' WATER CONSERVATION DIST. �SS��,�
3 46
DISTANCES GIVEN ARE GRID.
f TO CONVERT TO GROUND, c5'21 CI ,`4
MULTIPLY BY 1.000088202 . £OF C 1�C
11 t
05/19/04
PERMANENT PIPELINE EASEMENT ILS--130
SF#7F', LP. PLAT EXHIBIT SRF CCC-012.001_2
1100 TORN & COUNTRY ROAD Sheet 1 Of 1 a 05/19/04
ORANGE, CA 92868
EMUBI i "A i 2"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide, in the historic bed of Diablo Creek as
shown on the plat for Swamp and Overflowed Lands Survey No. 173, Contra Costa
County, currently known as Walnut Creek (flood control channel),situated in Contra
Costa County,State of California, located in the West(ane-Half of protracted Section 23,
Township 2 North, Range 2 West,Mount Diablo Base and Meridian, said centerline
described as follows:
Beginning at the California State Lands Commission Monument"Tydol",having CCS83
Zone 2 coordinates of X6,543,633.0$ feet and Y=1,766,350.38 feet;thence
S 153 33' 15" E 3066.44 feet to the TRUE POINT OF BEGINNING, said point being on
the current easterly bank of said Creek;thence S 74°21' 52" W 565.84 feet to a point on
the current westerly bank of said Creek, said point bears S 68°57'42" E 6840.80 feet
from the United States National Geodetic Triangulation Station"Vine",having the
coordinates X6,537,525.65 feet and Y=1,765,699.53 feet.
Containing 6792 square feet(0.16 acre),more or less.
Bearings,distances and coordinates in the above description are based on the California
State Plane Coordinate System(NAD83) Zone 2.
END OF DESCRIPTION
Page 1 of 2
. ' EXP.
o. 00329
CiVI
aF CA
05/11/04
FROM CSLC
` MONUMENT
5060 O.R. 557 "TYDOL"
PARCEL 15A `
C.C.C. FLOOD CONTROL & . of
WATER CONSERVATION DIST.
w
ti TRUE PAINT OF
� BEGINNING
WESTERLY BANK
WALNUT CREEK `
` 565.64'
ROM USNGT \ `
//STATION i
' "VINE" s
EASTERLY BANK
WALNUT CREEK
` CENTMNE OF EASEMENT
12' WOE x566' LG
6792 SO. FT. (0.16 Ac)
O
CONTRA COSTA COUNTY ,, '�4t
SEC. 23 �� *N CZ4
EXP. 6/30 `
. C032q 6
DISTANCES GIVEN ARE GRID.
0 // TO CONVERT TO GROUND, �� S,��r CtV
o J MULTIPLY BY 1.O00088202 � � OF` CA
J
% 05/19/04
PERMANENT PIPELINE EASEMENT LS-130
SFPP, L.P. PLAT EXHIBIT SRF CCC-011.001- Z
tiflo OR�+E, CA 92868 Sheet Shut 1 of 1 °"
Y fl5J7Sffl4
EXHIBIT "A - 3"
LAND DESCRIPTION
A strip of tide and submerged land, 12 feet wide,in the historic bed of Pacheco Creek,
Contra Costa County, situated in Contra Costa County, State of California, located in the
Northwest Quarter of protracted Section 22,Township 2 North,Range 2 West,Mount
Diablo Base and Meridian, said centerline described as follows:
Beginning at the United States National Geodetic Triangulation Station "Vine",having
CCS83 Zone 2 coordinates of X=6,537,525.65 feet and Y=1,7155,699,53 feet; thence
S 860 2623" E 1611.27 feet to the TRUE POINT OF BEGINNING, said point being on
the historic northwesterly bank of said Creek;thence S 40° 18, 39" E 158.72 feet to a
point on the historic southeasterly bank of said Creek, said point bears S 78°4657" W
4482.22 feet from.the California State Lands Commission Monument"Tydol",having
the coordinates X=6,543,633.08 feet and Y=1,766,350.38 feet.
Containing 1908 square feet(0.04 acre),more or less.
Bearings, distances and coordinates in the above description are based on the California.
State Plane Coordinate System(NAT)83) Zone 2.
END OF DESCRIPTION
Page 1 of 2 I
co
EXP. 6/30/
N . C032945
CIVI
CALF
05/91/04
r
r
r
r
r
r
r 4✓n rr
PARCEL 403 & 404 r� p �• rr
5888 O.R. 588
C.O.C. FLOOD CONTROL & -
WATER CONSERVATION DIST. rr /r
r
NORTHWESTERLY BANK rr TRUE POINT OF
PACHECO CREEK BEGINNING r
FROM USNG? r r
SOUTHEASTERLY
STATION -S 86°26'23" E S 4C'18'39" E BANK
*VINE* ?611.27 j 158.72' r PACHECO CREEK
PARCEL 403
r !
CENTERLINE OF EASEMENT rr
FROM CSLC
12' VADE K 159' LG MONUMENT
1908 SQ. FT. (0.04 Ac) r .���`57 ._ -' MONUM"
PARCEL 404
J r
t
I
tt POINT "P-9"
t / 5888 O.R. 588
t /
CONTRA COSTA COU TY_t 1
N 1/2 SEC. 22 i ,T. 2 N., R. 2 W. `, �. `�'
� EXP. 6 3tf f O6 'X
M•D.B.& M. 0.
In DISTANCES GIVEN ARE GRID.
r! TO CONVERT TO GROUND, CI 1\.
MULTIPLY BY 1.000088202 . C L\fes
05/18/04
PERMANENT PIPELINE EASEMENT LS-130
am mmm--
SFPP, L.P.
5 1100 TOM & COUNTRY ROAD
PLAT EXHIBIT SRF CCC-017,001--Z
ORANW, CA 92888 Sheet 1 of 1 05/19/04