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HomeMy WebLinkAbout06. Adopt Resolution No. 2017-026 authorizing (1) the execution of a Right of Way Contract and a grant of easement to Contra Costa County through a portion of the A-Line Right of Way in Concord, APN: 126-323-018-5 and 126-323-005-2 Page 1 of 10 Item 6. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 3, 2017 SUBJECT: ADOPT RESOLUTION NO. 2017-026 AUTHORIZING (1) THE EXECUTION OF A RIGHT OF WAY CONTRACT AND A GRANT OF EASEMENT TO CONTRA COSTA COUNTY THROUGH A PORTION OF THEA-LINE RIGHT OF WAY I N CONCORD,APN: 126-323-018-5 AND 126-323-005-2;AND (2) STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: RICK HERNANDEZ, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: TOM GODSEY, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L.Alm General Manager District Counsel ISSUE Board authorization is required to convey property rights. BACKGROUND August 3, 2017 Regular Board Meeting Agenda Packet- Page 37 of 132 Page 2 of 10 Contra Costa County is assisting the Contra Costa Transportation Authority with the acquisition of right of way for the 1-680 North Express Lanes Project. The County is seeking an easement from Central San to install an electrical service for highway signage. The proposed easement (approximately 5'x10') is within the A-Line right of way which is owned in fee by Central San. The A-Line right of way parallels 1-680 on the east side of the project area between Concord Avenue and Willow Pass Road. The proposed easement is at the edge of the right of way and in an area already encumbered by the Pacific, Gas & Electric Company(PG&E)facilities, including the pull box needed for the electrical service connection. The County is also requesting that the President of the Board and Secretary of the District execute the Right of Way Contract associated with this transaction. Staff has concluded that this action is exempt from the California Environmental Quality Act (CEQA) under Central San CEQA Guidelines Section 15305, since it involves a minor alteration in land use limitations.Approval of this easement will establish the Board of Directors' independent finding that this action is exempt from CEQA. ALT ERNATIVES/CONSIDERATIONS The Board could decline to grant the easement.Another source of electrical power would have to be located by the County. FINANCIAL IM PACTS Compensation for the easement is $1,000. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Adopt a resolution authorizing the President of the Board and Secretary of the District to execute a Right of Way Contract and a Grant of Easement to Contra Costa County through a portion of the A-Line Right of Way in Concord; and authorizing staff to record documents with the Contra Costa County Recorder. ATTACHMENTS: 1. Proposed Resolution - County Easement 2. Right of Way Contract 3. Grant of Easement- Contra Costa County 4. Legal Description and Plat August 3, 2017 Regular Board Meeting Agenda Packet- Page 38 of 132 Page 3 of 10 RESOLUTION NO. 2017- APPROVE A GRANT OF EASEMENT TO CONTRA COSTA COUNTY DISTRICT PROPERTY AP N: 126-323-018-5 AND 126-323-005-2 (A-LINE RIGHT OF WAY, JOB 1541) BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT the District hereby approves a Grant of Easement to Contra Costa County, dated August 3, 2017, for public utilities easements lying within Central San property identified as Assessor's Parcel Numbers 126-323-018-5 and 126-323-005-2. THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute a Right of Way Contract and a Grant of Easement on behalf of Central San; and THAT staff is authorized to record the Grant of Easement in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 3rd day of August 2017, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Paul H. Causey, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District August 3, 2017 Regular Board Meeting Agenda Packet- Page 39 of 132 Page 4 of 10 RIGHT OF WAY CONTRACT -INTERNAL ESCROWS MINIMUM VALUES RW 8-3A(4/93) Page 1 of 2 District County Route Post Mile R/W E.A. 4 CC 1-680 19.7 N/A California 2017 A document in the form of a Grant of Easement, covering the property particularly described in the above instrument has been executed and delivered to Olivia D. Reynolds-Freeman, Senior Real Property Agent for Contra Costa County (County). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The Parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The County shall pay the undersigned Grantor the sum of One Thousand Dollars, ($1,000) for the property or interest conveyed by the above document when title to said property vests in the County. 3. In consideration of the County's waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold Contra Costa County harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the County shall not exceed the amount paid to the Grantor under this contract. 4. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property. 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the County, including the right to remove and dispose of improvements shall commence on August 1, 2017 or close of escrow controlling this transaction, whichever occurs first. The amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, and interest from said date. 6. This transaction will be handled through an internal escrow with Contra Costa County, 255 Glacier Drive, Martinez, California, 94553. August 3, 2017 Regular Board Meeting Agenda Packet- Page 40 of 132 Page 5 of 10 RIGHT OF WAY CONTRACT -INTERNAL ESCROWS MINIMUM VALUES RW 8-3A(4/93) Page 2 of 2 In Witness Whereof, the Parties have executed this agreement the day and year first above written. CONTRA COSTA COUNTY GRANTOR Recommended for Approval: Central Contra Costa Sanitary District, a public corporation By By Olivia D. Reynolds-Freeman Paul H. Causey Senior Real Property Agent President of the Board By By Karen A. Laws Elaine R. Boehme Principal Real Property Agent Secretary of the District APPROVED: By Julia R. Bueren Public Works Director Date (Date of Approval) G:\realprop\CCTA 1-680 North Express Lanes\CCCSD\RW08-03A RW Contracts-Internal Escrows-Min Values(6-21-17).doc 03/2017 August 3, 2017 Regular Board Meeting Agenda Packet- Page 41 of 132 Page 6 of 10 Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn: EXEMPT FROM RECORDING FEES PURSUANT TO GOVT.CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922. Portion of Assessor's Parcel No. GRANT OF EASEMENT THIS INDENTURE, made by and between CENTRAL CONTRA COSTA SANITARY DISTRICT, a public corporation, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the GRANTEE, W I T N E S S E T H : That the GRANTOR, for value received, hereby grants to the GRANTEE, and its successors and assigns, a public utility easement for the right to construct, maintain and repair public utilities and right of way for ingress and egress purposes (not to be exclusive) over and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP SEE EXHIBIT "A" AND %%B" ATTACHED HERETO AND MADE A PART HEREOF. The public utility easement herein granted shall include the right by said GRANTEE, its officers, commissioners, agents and employees, and by persons under contract with it and their employees whenever necessary for the construction, reconstruction, installation, inspection, operation, maintenance, modification, repair, expansion or replacement of public utilities and appurtenances together with the right of ingress and egress over and across the remaining portion of the GRANTOR's property, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein subject to the obligation of the GRANTEE to repair and restore the property to its pre-existing condition following such entry. The GRANTOR further agrees not to erect or construct any building or structure within the easement area and not block or restrict access to the easement area. The GRANTOR reserves the right to landscape or make such other use of the lands included within the easement which is consistent with GRANTEE's use but further grants to GRANTEE the right, from time to time, to trim or to cut down any and a I I trees and brush within the easement area that may interfere with or be a hazard to the facilities installed hereunder, or as GRANTEE deems necessary to comply with applicable local, state or federal regulations. This instrument shall bind and inure to the benefit of the successors and assigns of the respective parties hereto. August 3, 2017 Regular Board Meeting Agenda Packet- Page 42 of 132 Page 7 of 10 IN WITNESS WHEREOF, the GRANTOR has executed this indenture this day of , 2017. Grantor: Central Contra Costa Sanitary District, a public corporation By. Paul H. Causey Title: President of the Board By. Elaine R. Boehme Title: Secretary of the District Date: ABOVE SIGNATURES MUST BE NOTARIZED G:\realprop\CCTA I-680 North Express Lanes\CCCSD\3-EA.06 Grant of Easement-.doc August 3, 2017 Regular Board Meeting Agenda Packet- Page 43 of 132 Page 8 of 10 EXHIBIT "A" LEGAL DESCRIPTION (A.P.N. 125-323-005-2 8t A.P.N. 125-323-018-5) PUBLIC UTILITY EASEMENT IN THE CITY OF CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED MAY 25, 1959 IN BOON 3380 OF OFFICIAL RECORDS AT PAGE 558, AND THE GRANT DEED RECORDED MAY 2111962 IN BOOK 4123 OF OFFICIAL RECORDS AT PAGE 223, BOTH IN THE OFFICE 0'r--' THE COUNTY RECORDER OF CONTRA COSTA COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAID DESCRIBED IN THE DEED FROM JOHNNE BURNETT AND OTHERS TO CENTRAL CONTRA COSTA SANITARY DISTRICT RECORDED MAY 21, 1952 IN BOOK 4123, OF OFFICIAL RECORDS AT PAGE 223 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE SOUTHWESTERLY LIME OF ORION AVENUE AS SHOWN ON THAT MAP ENTITLED `"SUBDIVISION 3258 MERIDIAN PARD" RECORDED APRIL 28, 1955 IN BOON 104 OF MAPS, PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF COMMENCEMENT BEING NORTH 470 09'25" WEST 357.29 FEET FROM THE STANDARD STREET MONUMENT MARKING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ENTITLED "N 57016'57" E 795.25"' AS SAID COURSE IS SHOWN AND DESIGNATED ON SAID MAP AND RUNNING THENCE ALONG THE SOUTHERLY LIME OF SAID PARCEL SOUTH 82°12'49" 'WEST 21.41 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL AND THE TRIOL POINT of BECKONING. THENCE LEAVING SAID SOUTHERLY LIFE AND ALONG SAID SOUTHWESTERLY LINE NORTH 28039'45" WEST 4.85 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 61020"14" EAST 5.20 FEET; THENCE SOUTH 27° 29"35" EAST 5.75 FEET TO SAID SOUTHERLY LIME OF PARCEL, SAID LIFE ALSO BEING THE NORTHERLY LIFE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM BUGENIO GIANELLI AND ANTONIO GIANELLI TO CENTRAL CONTRA COSTA SANITARY DISTRICT RECORDED MAY 25, 1959 IN BOON 3380 OF OFFICIAL RECORDS, PAGE 558, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: THENCE CONTINUING SOUTH 27° 29'35" EAST 3.22 FEET; THENCE SOUTH 51020'15" WEST 5.00 FEET TO THE SOUTHWESTERLY LINE OF LAST SAID PARCEL, THENCE ALONG SAID SOUTHWESTERLY LIFE NORTH 28039'45" WEST 5.15 FEET TO THE TRIBE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 51.02 SQUARE FEET MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. August 3, 2017 Regular Board Meeting Agenda Packet- Page 44 of 132 Page 9 of 10 THIS DOCUMENT HAS BEEN PREPARED BY 'NNE, OR UNDER PAY DIRECTION, IN CONFORNIANCEE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 3/09/2017 RALPH W. GUIDA, IV, P.L.S. 7076 DATE L A AID IS" o� Ralph W. Guido, IV No. 7076 OF- Patgc August 3, 2017 Regular Board Meeting Agenda Packet- Page 45 of 132 Page 10 of 10 EXHIBIT nff" RANCHO MONTE 4123 OR 223 DEL DIABLO CENTRAL CONTRA COSTA SANITARY DISTRICT REFEROCE ,_NODES APN 126--323-013--5 N61"20'14 E 5.20' � - S27-2935E 6.78' S27°29'35E 3.22' --� 4 S61*20'16"w 5.00' 00 z 1 C � �cv ' 0, s�rAPPRO OF '30�r2 Lary- X fir 3 IV �. �f 1! - LI FE '4� N '�� �r 953 0R 446 pG RAcC S OR'56LLID z 3380 OR 568 CENTRAL CONTRA COSTA '- °v SANITARY DISTRICT -- 0 Cq o��.- APN 126-323-005-2 < CL U) IFQEa_ 0 z< r U5 <m AREA BEING DESCRIBED 5, p, PARCEL LINE5. w OP rCn - -.- PG&E EASEMENT LINE PER 953 OR 446 PG&E EASEMENT LINE PER DOC. NO. 2013-0213494 P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING FOUND STANDARD STREET MONUMENT W 5' o Z 7`1 fi'57"E � } RECORD INFORMATION {VOL 1 D4 OR �} R � B.O.B. N5 ' MONUMENT TO MONUMENT MEASURE o < 95.24' M-M _5.25') M M _ B.Q.B. BASIS OF BEARING GALAXY WAY SCALE: 1" r 8' N.T.S. THIS MA P WA S PREPA RED B Y AlE OR UNDER U)/ DIREC TION REV. 3/09/17 SHEET 1 OF 1 _mmmmmmV I DAU RVEYI N G INC. 3/09/17 . RALPH W. G�JIDAA Ell � ■� t�4s��'��A���w�w ��€�a DATE. ■ ■ t 2001D FAX(949)777-20eia P.L.S. 7070 EMAIL.:GSic©RP 9 QUIDASURVEYING.COM August 3, 2017 Regular Board Meeting Agenda Packet- Page 46 of 132