HomeMy WebLinkAboutRESOLUTIONS - 02061996 - 96-51 i,
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 6, 1996, by the following vote:
AYES: SUPERVISORS ROGERS, BISHOP, DESAULNIER, TORLAKSON, SMITH
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 96/ 51
(S & H § 8355)
Subject: Quitclaim of County Interest in Real Property
Concord Area
W.O. No. 1600
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On December 12, 1995, the Board adopted Resolution No. 95/606 which vacated
portions of Waterfront Road and Solano Way. This Board hereby DETERMINES that said
land, described in Exhibit "A," and as shown on Plat Map Exhibits "B," "B-1," "B-2," and
"B-3," attached hereto, was previously subject to a street, highway or public service
easement, and is no longer needed by the public.
Pursuant to Streets and Highways Code Section 8355, and in consideration of the
terms and conditions of the MOU being satisfied (Exhibit "C" and incorporated herein by
reference), the Board hereby APPROVES the quitclaim of said property to Tosco
Corporation and AUTHORIZES the Chair to sign a Quitclaim Deed on behalf of the
County.
The Real Property Division is DIRECTED to cause said deed to be delivered to
grantee together with a copy of this Resolution.
This conveyance request is part of a larger project for which an EIR was prepared
and approved by the Board. The project has been determined to conform to the County's
General Plan.
Orig. Dept.: Public Works(R/P)
Contact: Ronald Babst(510) 313-2226 Ihere tiycertilythatthisisatrueandeormeteopyot
cc: Public Works Accounting (via R/P) an action taken and entered on tho minutes of the
Grantee (via R/P) Board of Supervisors BUARYd6e shown.
ATTESTED:
-1996
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
RB:glo
g:kealproplemp\br189.t1
January 4,1996 BY —.Deputy
RESOLUTION NO. 96/ 51
October 18, 1995 Quitclaim Deed
file: no8635100 .gtc
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EXHIBIT "A"
C
All that real property situated in the unincorporated area
of Martinez, County of Costa County, State of California,
described as follows:
PARCEL ONE (Solano Way)
Portion of the Rancho Monte Del Diablo and a portion of
Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Solano Way, a County road, and running in a general
northwesterly direction for approximately 2.q miles .
Bounded on the south by the following described line:
Beginning in the northerly line of Arnold Industrial Way
shown as "Frontage Road" on sheet 11 of 11 of the map
entitled "REL NO . 40382, Relinquishment in the County of
Contra Costa" , filed December 21 , 1962, State Highway Map
Book No . 8, pages 1q through 21, inclusive, Contra Costa
County Records, at the point of compound curve of a curve
concave to the north having a radius of 1951 .00 feet, with a
curve concave to the northeast having a radius of 20 .00
feet, a radial line of said curve at said point of compound
curve bears North 10-12-26 West; thence from said point of
beginning, in a direct line, South 89-43-21 West, 148.43
feet to a point in the northerly line of Imhoff Drive
"Frontage Road" at the southwesterly terminus of the course
shown as South Si-32-20 West, S.75 feet on said sheet 11 of
11 (State Highway Map Book No. 6, pages lit through 24) .
Bounded on the north by southerly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded January 16, _1913, Book 194 Deeds, page 269, being
the southerly line of Waterfront Road, a County road .
PARCEL TWO (Waterfront Road)
Portion of Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Waterfront Road, a County road, and running in a
general northeasterly direction for approximately 0.G miles .
Page 1 of 3
Bounded on the west by the following described line:
Beginning at a point in the northeasterly line of Waterfront
Road being the northeasterly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded February 18, 1915, Book 239 Deeds, page 381 , Contra
Costa County Records, distant thereon North 58-39-30 West,
38.89 feet from the most westerly corner of the parcel of
land described in the deed to the County of Contra Costa, CrJ
recorded August 8, 19iG, Book 628 Official Records, page
196; thence from said point of beginning South 18-39-30
East, 122.79 feet to the southerly line of the parcel of
land described in the deed to the County of Contra Costa,
recorded January 16, 1913, Book 191 Deeds, page 269, being
the southerly line of said Waterfront Road .
Bounded on the east by the southeasterly extension, South
50-52-10 East, of the northeasterly line of the parcel of
land described as Parcel One in the deed to Monsanto
Chemical Company, recorded June 30, 1952, Book 1951 Official
Records, page 244 .
PARCEL THREE (Waterfront Road)
An easement, not to be exclusive, for access and utilities
purposes and appurtenances thereto, as an appurtenance to
Parcel One and Two above, described as follows:
Portion of Swamp and Overflow Lands, described as follows:
All that portion of the parcel of land, known as Waterfront
Road, described in the deed to the County of Contra Costa,
recorded June 18, 1913, Book 205 Deeds, page lil , Contra
Costa County Records;
Bounded on the west by the southeasterly extension, South
50-52-40 East, of the northeasterly line of the parcel of
land described as Parcel One in the deed to Monsanto
Chemical Company , recorded June 30, 1952, Book 1954 Official
Records, page 2LiS;
Bounded on the south by the south line of said Contra Costa
County parcel (205 Deeds lil) ;
Bounded on the east by the west line of the parcel of land
described as Parcel Four - Waterfront Road, in the Quitclaim
Deed to the United States of America, recorded Febuary 12,
1990, Book 15653 Official Records, page 659;
Bounded on the north by the .north line of Parcels One and
Two as described in the grant deed to the County of Contra
,Costa, recorded April 19, 1967, Book 5350 Official Records,
page 99 .
Page 2 of 3
RESERVING THEREFROM PARCELS ONE, TWO and THREE: Pursuant to
the provisions of Section 83gO of the Streets and Highways
Code, the easement and right at any time, or from time to
time, to construct, enlarge, maintain, operate, replace,
remove, and renew those existing and in place utilities, as
of the date of the recording this instrument, in, upon, over
and across any highway or part thereof proposed to be
abandon, including access to protect the property from all
hazards, in, upon, and over the area herein before described
to be abandoned .
This real property description has been prepared by me or
under my direction, in conformance with the Professional
Land Surveyors Act .
Signature:
Licensed Land Survey r
Ebb L GRAY p 1
Date: 3$74
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EXHIBIT C
MEMORANDUM OF UNDERSTANDING cz
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November 13, 1995 W
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,A
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
-1-
triggered if all refinery operations are closed for one year or longer. C�
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks WCn
�V
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BF1 will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
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h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the tV
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turnarounds as long as the closure agreement exists.
N
,A
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the rem ming
nine (9) years for payments totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
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a. Replacement pail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute$1,000,000.00 per the following approved payment plan by the East
Ca
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00;and on the anniversary date thereafter,$100,000.00 per year over
the following six (6) years for a total of$1,000,000.00. All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3) .
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solan Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solano Way.
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i '
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solan Way.
. CJ
1V
W
•A
W21000R
11/13/95
ED Of DOCUMENT
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