HomeMy WebLinkAboutMINUTES - 04252006 - C.22 C. . ZZ.
TO: BOARD OF SUPERVISORS, as the Governing Body of � = t—= Contra
the Contra Costa County Flood Control and Water %
Conservation District. Costa
x:_ a��lw 4 �z
FROM: MAURICE M. SHIU, CHIEF ENGINEER �o w`¢
S�A�oUr3� County
DATE: April 25, 2006
SUBJECT: APPROVE the conveyance of an easement from Contra Costa County Flood Control and Water Conservation
District to Chevron Pipe Line Company. [LP04-2051]. Martinez area. District 1I.
Deerings Water code,Uncodified Acts
Act 1656 §32
West's Water Code,Appendix 64-31
Government Code§ 25526.5
Project No. 0651-6L72RP Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. DETERMINE that the conveyance of an easement to Chevron Pipe Line Company is in the public's interest and
will not substantially conflict or inti rfere with the District's use of the property.
B. AUTHORIZE the Chair,Board of Supervisors,to execute the Grant of Easement to Chevron Pipe Line Company
on behalf of the District. )
C. DIRECT the Real Property Division to have said Grant of Easement delivered to the Grantee for recording in the
Office of the County Recorder.
Continued on Attachment: X SIGNATURE: /
rRtCOMMENDATION OF COUNTY AD I ATOR
_RECOMMENDATION OF BOARD COM LTTE
. "PROVE OTHER
SIGNATURE(S):
;��_e��,4��
ACTION OF BQ�r ON Y/ PPROVED AS RECOMMENDED_OTHER_
VOT,�-OF SUPERVISORS
✓ UNANIMOUS(ABSENT IP?O>v ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown. �ID a
OR:eh ' ATTESTED:/'
0:\GrpData\RealProp\2006-Files\BOs&Res 06\130 Chevron Pipeline Co.doc ,JOHN CULLEN, Clerk of the Board of
Orig. Div: Public Works(R/P)
Contact: Olivia D.Reynolds(313-2306) Supervisors and County Administrator
cc: County Administrator By T Deputy
Auditor-Controller(via R/P) �T
P.W.Accounting
1.Bergeron,Computer Services
Recorder(via R/P)
Grantee
1
SUBJECT: Conveyance of an easement from Contra Costa County Flood Control and Water Conservation
District to Chevron Pipe Line Company.
DATE: April 25, 2006
PAGE: 2
Financial Impact:
Chevron Pipe Line Company has provided the funds to cover the value of the land rights and the District's acquisition
costs. Revenue in the amount of$5,000 will be credited to Zone 3B Fund.
Reasons for Recommendations and Back round:
The District acquired certain real property o I June 3, 1969,in Book 5888,Page 588,Contra Costa County Records in the
Martinez area, described in Exhibit"A"attached hereto, for flood control purposes.
Chevron Pipe Line Company has requested Ia subsurface pipeline easement to support the installation of a 12"crude oil
pipeline along a 1.6 mile route in the Martinez area. The route will cross underneath the Pacheco Slough and Chevron
Pipe Line Company has acquired a permit i r this crossing from the District.
A Mitigated Negative Declaration was prepared by Contra Costa County Community Development Department and was
approved on December 19, 2005.
Consequences of Negative Action:
Chevron Pipe Line Company will have to re-route the course of their pipeline which will be less efficient for their project.
a
Exhibit A
Parcel A
A portion of Swamp and Overflow Survey Number 167, within the County of Contra
Costa, State of California, described as follows:
A portion of Pacheco Creek, as described in a Grant Deed, recorded June 3, 1969, in
Book 5888, Page 588, Contra Costa County Records, Contra Costa County, California,
said parcel lying within the Nortliwest Quarter of protracted Section 22, Township 2
North, Range 2 West, Mount Diablo Base and Meridian, described as follows:
A strip of land, 5 feet in width,the centerline of which is the centerline.of a twelve (12)
inch nominal diameter pipeline, described as follows:
Commencing at point"P-9", said point lying along the Southeasterly properly line of
Pacheco Creek, as described in Exhibit A of the Grant Deed recorded in Book 5888, Page .
588, in the Contra Costa County iRecords, said point having California State Plane
Coordinate System (NAD83)Zone 3, coordinates of N=2,194,046.09 and E_
6,107,087.26, more or less;thence North 37° 55' 59"East, a distance of 35.37 feet, along
the Southeasterly property line of said Pacheco Creek (5888 OR 588),to the TRUE
POINT OF BEGINNING; thence leaving said Southeasterly property line,North 39° 16'
29" West,parallel to and approximately 10.00 feet northeast of an existing twenty (20)-
inch nominal diameter pipeline, a distance of 158.95 feet,to a point on the Northwesterly
property line of said Pacheco Creek(5888 OR 588).
' aid strip of land containing approximately 795 square feet(0.0182 acre),more or less.
I
End of Parcel A Description
e�oV.US..
V� P
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��. 17,501
sTy
CIVI�\
CALIFORIrIIA Elim VIRCNfi1 ENTAL QUALITY ACT
NOTICE OF DETERMINATION
I
CONTRA COSTA CUUN,TY COMMUNITY.DEVELOPMENT DEPARTMENT
551 PINE STREET 4`FLI OR NORTHWING MARTiNE?, CALIFORNIA 134553-00195
T€lephone; .f92 ) ? 1257 Contact Person:Telma Moreira
Project Description,Common Name tit'any}a,d Location:
CHEVRON PIPELINE COMPANTY ANTY (.Appicatrr "Owner}, County rile #LP04-2061: }Approval of a land use.pt-Txnu ailnwin, a nein
approximately ''-utile-1crng. 12-inch-djarneter tutaer8round crud: oil pip h= sent. Project inchides construction of 11 an
apprrrrimaxcly 2-mal^^-lmag, 12-heir-cliamciar pipieline )ateraI ro Ere cons mert-d nudcrpound to comieci the existing KLM line to ibe
south end of the amazing Valm Refinery pipchu6,?)z nip launcher,valves and interconnecting pipint,will be. conss€ructed az tha b=cb
canneetion to tnc KLM pipeline, 3}tltc Valmo Dchvery.Station includes a pie receiver,tnet_�,tl",control valves, and the asanerate
interconnecting piping.The pmiectjs Icrcated in ais unaacorparatcdarea of the Marrir€ez/VinehiIl:area.(HI)(Parcel ns 159--M 0.006:390-
030-024:380-03(€-€1 S;380-0-30-043;380-030-0» :380-00-€13.9:390-030-t14_;380 01f009 380-010-022; 378-14()-()J01
The proiectwas approved on 12�IMS
Pursuant to the provisions of tate California Environmental Quality Act:
An Environmental I I w red and certified (SC
H#
comet mpact Rep was preps a (S�.H. ).
The pro;ect was encompassedlbv an Environmental Impact Report previously prepared for
(SC
J
.A Mitigated Negative Declaration was issued indicating that preparation of an En'Ujronmenta
Impact Report was not reauire�, .
Copies of the record of project approval and he Negative Declaration or the final EIR may be examined at the
otfice or"tree Contra Ccsta County Cornmunitly Development Department,
The project will not have a signIfacant environmental effect.
Tt s project will have a Sion l rciint environmental effect.
1
}; Mitigation measures were made a condition 4r approvhi ttif3h prcrlect
��— A,statement of overriding considerations was adopter,
Findings vrert:adopted pursuant to Section 1509; rsf. e State C1=O,4 Guidelines.L—
l
-11 F rrai jpation reporting plan eras adopted for this project....—77
Date: ff cGi a a a
Ry:
R ., s
munity Devercpment Repres+rttative � ` "' EFUT
r
AFFIDAVIT OF FILING AND POSTING
D.
I declare that on > a - t received and posted this notice as required by
i
California Par;hc Resources Code Section 211:52(c). Said notice will remain posted for 30 days from the 5inp date.
,
Sim attire Title
_I
Laru=tofFisl and Garnc ccs Duc:
.ypz,lcaa:t'=
hiam:' Ci=tTon Pipelin;t;umpany + ; E1It- ;iu56 Tot.:;DL--: $
rlr ck=: 2360 Btxharan lana X' s 3v � 25 +
Il , . e�. LSe...-SL_a{: "fatal Past:
it
Fan :rs�, r,;., C}grycJ_ _� Iic�rnunus�irtd.n;,s-�U
1 , 71 Counry Cltra: S25
Recorded at the request of and when recorded
retum to:
Location:City/Unit
Recording Fee S
Document Transfer Tax:
O Computed on Full Value of Property Conveyed,or
❑Computed on Full Value Less Liens&Encumbrances
remaining at time of Sale
Signature of Declarant or Agent determining tax
APN: + SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
GRAN F OF PIPELINE EASEMENT
For good and valuable Consideration, including but not limited to the agreements
contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a
political subdivision of the Statelof California (hereinafter the "DISTRICT"), hereby grants to
CHEVRON PIPE LINE COMPANY, a Delaware corporation (hereinafter "GRANTEE"), a
non-exclusive right to a perpetual easement and right of way in and over certain land owned by
the DISTRICT in fee title absolute, as more particularly described in Exhibits "A" and `B"
attached hereto and made a part hereof(hereinafter the "Property"), for installing, constructing,
reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a
twelve-inch (12") underground petroleum pipeline installed by means of horizontal directional
drilling, and appurtenances there l , and for no other purposes whatsoever.
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 flood control purposes,
including, but not limited to, the right of DISTRICT or Contra Costa County employees,
contractors, or authorized representatives, to enter onto the Property to clear vegetation, perform
dredging, conduct studies, or for any other flood control related purpose.
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 DISTRICT's primary use of the Property.
Grant of Easement:Chevron Pipe Line Company
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.
2. DISTRICT TITLE �J
GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to
assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES
a) GRANTEE shall, J prior to any construction, reconstruction, remodeling,
excavation, installation or plantings within the easement area, submit specific plans and
specifications to the DISTRICT for review and approval. Such approval, together with any
additional requirements, shall be in the form of a written permit issued by DISTRICT to
GRANTEE.
b) Normal 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.
4. MODIFICATION, RELOCATION and REMOVAL of GRANTEE'S FACILITIES
a) 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 areal 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 of the easement area, DISTRICT may provide GRANTEE with a similar easement
for the new site GRANTEE shaIll be responsible for all costs of relocating its facilities but shall
not be required to pay for the relocated easement area.
b) 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 time specified by
DISTRICT, 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, GRANTEE shall promptly
quitclaim to DISTRICT its interei t in the vacated easement area.
5. DAMAGE TO DISTRICT PROPERTY
Any and all DISTRICT plroperty, 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 GRANTEEI'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 liut 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, to a condition which is better than or as near as possible to the same state
- 2 -
Grant of Easement: Chevron Pipe Line Company
and condition existing prior to the construction or installation of the Facilities. In the event that
GRANTEE fails to commence the required work within thirty days after being directed in
writing 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 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
a) 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 GRANTEEI to provide and maintain adequate protection and surface
markings for its own facilities.
b) 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 ifrom 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 o i 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. DISTRICT shall have the right to require GRANTEE to modify, remove
or relocate its facility within the easement area or to a similar easement to be granted to
GRANTEE by DISTRICT at n10 cost, in a timely manner at GRANTEE's sole cost, as is
reasonably necessary to accommodate the DISTRICT's or any other existing user's right to
construct, replace, enlarge, repair, maintain and operate its facilities. 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 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
lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct
GRANTEE's easement rights hereunder.
- 3 -
Grant of Easement: Chevron Pipe Line Company
8. INDEMNIFICATION; AS-IS CONDITION OF PROPERTY
I
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 of or 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), IiabiIity, claims, suits, demands,judgments, orders, costs, fines, penalties or expense
of whatever character, including brut 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 the Property subject to this easement is in a flood control area. GRANTEE
agrees that GRANTEE shall never have, claim or asset 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 or water, and shall indemnify, defend, save, protect and
hold DISTRICT harmless from alll 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 thIe Property or its suitability for GRANTEE's intended use and is
not relying in any manner on any representation or warranty by DISTRICT. GRANTEE agrees
that neither GRANTEE, its heirs, successors and 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 the presence of any hazardous substance or any other condition of the Property at the
commencement of the easement or 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 zany substance, material or waste which is or may become
designated, classified or regulated as being "toxic", "hazardous" or a "pollutant" under any
- 4 -
Grant of Easement: Chevron Pipe Line Company
federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way
to restrict the right of GRANTEE ito 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 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 anyJ kind or character, express or implied, with respect to the
Property, and GRANTEE is enterng into this transaction without relying in any manner on any
such representation or warranty by DISTRICT.
10. ABANDONMENT
In the event GRANTEE shall cease 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 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 PrIoperty to a condition which is better than or as near as possible
to the same state and condition existing prior to the construction or installation of the Facilities.
Upon failure of GRANTEE to doh so, this work may be performed by DISTRICT at GRANTEE's
expense, which expense GRANTEE agrees to pay to DISTRICT upon demand. GRANTEE
shall execute any Quitclaim Deeds required by DISTRICT in this regard.
- 5 -
Grant of Easement: Chevron Pipe Line Company
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 the 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 teen 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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
- 6 -
J
Grant of Easement: Chevron Pipe Line Company
18. GOVERNING LAW and VENUE
This Grant of Easement Jshall 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.
CONTRA COSTA COUNTY FLOOD
CONTROL &AATER CONSERVATION
DISTRICT CHEVRON PIPE LINE COMPANY
By: By:
h ir, Board of—Supervisor's r'
Print Name: SUPERVISOR JOHN MIA Print Name: b✓° L lr
Date: APRIL 25, 2006 I Date: r- L J
Approved as to Form by County Counsel
July, 1999
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On APRIL 25/06before me, E'EIM I--
Deputy Clerk of the Board of Supervisors, Contra Costa
County, personally appeared SUP. JCM GIOIA , who
is personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s)iwhose 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.
WITNESS my hand and official seal.
By:
Deputy Clerk
G:\GipData\RealProp\2006-Piles\06-3\2006-03-15 Easement Final Version-CCCFCWD.doc
3/30/06
- 7 -
Grant of Easement: Chevron Pipe Line Company
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknow-
ledgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
TITLE OR TYPE OF DOCUMENT
CORPORATE OFFICER
TITLE NUMBER OF PAGES
PARTNER(S)
TRUSTEE(S)
DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
OTHER
SIGNER IS REPRESENTING:
- 8 -
Exhibit A
Parcel A
A portion of Swamp and Overflow Survey Number 167, within the County of Contra
Costa, State of California, described as follows:
A portion of Pacheco Creek, as described in a Grant Deed, recorded June 3, 1969, in
Book 5888, Page 588, Contra Costa County Records, Contra Costa County, California,
said parcel lying within the Northwest Quarter of protracted Section 22, Township 2
North, Range 2 West, Mount Diablo Base and Meridian, described as follows:
A strip of land, 5 feet in width, the centerline of which is the centerline of a twelve (12)
n�,h non incl diameter pipeline, described as follows:
Commencing at point"P-9", said point lying along the Southeasterly property line of
Pacheco Creek, as described in Exhibit A of the Grant Deed recorded in Book 5888, Page
588, in the Contra Costa County Records, said point having California State Plane
Coordinate System (NAD83) Zone 3, coordinates of N = 2,194,046.09 and E _
6,107,087.26, more or less; thence North 37° 55' 59"East, a distance of 35.37 feet, along
the Southeasterly property line of said Pacheco Creek (5888 OR 588),to the TRUE
POINT OF BEGINNING; thence leaving said Southeasterly property line, North 39° 16'
29" West, parallel to and approximately 10.00 feet northeast of an existing twenty (20)-
inch nominal diameter pipeline, a distance of 158.95 feet, to a point on the Northwesterly
property line of said Pacheco Creek(5888 OR 588).
aid strip of land containing approximately 795 square feet (0.0182 acre),more or less.
I
End of Parcel A Description
Q�pF ESSlb�,q�
Flo. 17MI I
NORTHWEST PROPERTY LINE OF /
PACHECO CREEK, BOOKI 5888,
PAGE 588, CONTRA ICOSTA
COUNTY RECORDS. /
Oryx �
h�0 �
O
^o^ �E
P 1100 h �
O,
SOUTHEAST PROPERTY LINE OF
40' 20' 0' 40' \ �G PACPAG O CSRBEE CON BOOK
COSTA,
SCALE: 1" = 40'-0' /G� COUNTY RECORDS.
00,
o'
� h
04. 4-
p�F C/L EXISTING-� ` PARCEL A
20" 0 PIPELINE \` CENTER OF EASEMENT
3 ` ` 5.00' WIDE x 158.95' LONG
P-8 (5888 O.R. 588) soo \ \` \ (795 SQUARE FEET, 0.0182 ACRE)
\?O ` \
TRUE POINT OF BEGINNING
8oF 4
00\ ° APN
APN X59,2
rV ,y1 159,2 SO101S
o POINT OF COMMENCEMENT �' S0-006
oh P-9 (5888 O.R. 588)
N 2,194,046.09
o E 6,107,087.29
M4' CSPCS ZONE 3
F2 4000+ (NAD83) Oo R = 475.00' rS2,
n� = 31'41'32" P-�v.
ryh0 L = 262.74' 90jq`07
y Q40FESSJON`
0) �4 .N. POO,Pf Flo
r'
Leptien, Cronin, Cooper, MorriFs & Poore, Inc. a
dba LCC, Inc. No. 17,501
i 00 En ncenng - Land 5urvcym9 EXHIBIT r B r Exp. 06/30/07
930 Estudillo
PARCEL A 9TCivil.
Martinez, Cobto nia94553 51620 STE OF' CAV�FO��,
(925) 228-4218 Fax (925) 228-4638
E REVISED PER LCC, INC. COMMENTS TAB BLP
/07/05 BLP
REVDESCRIPTION BY C
HK D
EDM Services, Inc. NO DATE PPR
� PIPELINE EASEMENT PLAT — PARCEL A
2685 Park Center Drive, Building 'C' CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
Simi Valley, California 93065 CHEVRON 12" KLM — VALERO LATERAL PROJECT
Phone (805) 527 3300 FAX (805) 683-1607 SCALE: 1" = 40'-Y' CHK'D: TAB DRAWING NUMBER I REV
DATE: 03/29/05 ENGR: BLP 0 3—7 7 5—LO 2 E
EDM FILE NAME- 775LO2-E.DWG JDRAWk BY: TAB APRVD: BLP
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of
On AP)eu- n- eco4> , before me, /-/V%/q cD_ 21---Yrjot.l�S (here
insert name and title of the officer),Ipersonally appeared L4,w2zv lc-e 4tjrk,-m\Aff
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.
WITNESS my hand and official seal.
Signature (Seal)
Notary Public -
GAGrpData\RealProp\F0RMS\AK.02 Notary Acknowledgment(used as an attachment).doc
2/20/06