HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-419 TI-. BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCLAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 99/ 419
_
Government Code § 25526.6
Conveyance of an Easement to Pacific Bell
40 Glacier Drive, Martinez
Assessor's Parcel No. 155-289-011
Project No. 4361-6G5392
CP No. 99-45
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by Grant Deed recorded on February 28,
1970, in Book 1195 at page 564, in the Martinez area. Pacific Bell has requested an easement
over a portion of said property, described in Exhibit "A" and shown of the plat map Exhibit "B"
attached hereto, for communications facilities. This Board FINDS that the conveyance of such
easement is in the public interest and will not substantially conflict or interfere with the County's use
of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to
Pacific Bell over the property described in Exhibit "A" and shown on the plat map Exhibit "B"
attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby
AUTHORIZED to execute the Easement on behalf of the County in consideration for the payment
received in full in the amount of$5,000.
The Real Property Division is DIRECTED to cause said Easement to be delivered to the
grantee.
This Board hereby FINDS that the proposed conveyance will not have a significant effect on
the environment, and that it has been determined to be exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the
CEQA Guidelines and DIRECTS the Public Works Director to arrange for payment of the $25.00
handling fee to the County Clerk for filing and a $25.00 fee to Community Development for
processing of the Notice of Exemption.
I hereby certify that this is a true and correct
LLO:eh
G:\RealProp\1999-Files\99-8\BR27-PacificBell.doc copy of an action taken and entered on the
Orig. [dept.: Public Works (RIP) minutes of the Board of supervisors on the
Contact: L. Lucy Owens (313-2229) date shown.
cc: Public Works Accounting
Public Works Records ATTESTED:_ AUGUST 17, 1999
Grantee (via R/P) PHIL BATCHELOR, Clerk of the Board of
Community Development Dept Superviso nd County Administrator
By 4Deputy
RESOLUTION NO. 991
Brian Kangas Toulk
^eers • S irve{rrs • ?fanners
April 20. 1999
BIS-F Ref, No. 995033.50
EASEMENT DESCRIPTION
PACIFIC BELL EASEMENT
All that certain real property being a portion of Rancho Las Juntas, situate in the county of
Contra Costa, State of California, being more particularly described as follows:
COMMEZCE''tiG at the southwesterly comer of Parcel 2 as described in that certain Grant
Deed from Muir Meadows Company, a limited partnership to the State of California,
--.corded January 6, 1972 in Book 6558, at page 383, Official Records of Contra Costa
County; thence northerly along the westerly line of said Parcel 2 (6558 O.R. 383) the
following two (2) courses:
1) `north 01°11'32" East 29.50 feet to the beginning of a curve to the right
having a radius of 730.00 feet.
2) alone said curve through a central angle of 05°14'03", an arc distance of
66.69 feet to the POINT OF BEGENN-ING of this description;
thence leaving said curve and said westerly line, North 8""28'34" West 16.27 feet; thence
North 0231'26" East 26.00 feet; thence South 87°28'34" East 18.51 feet to a point being
on aforesaid westerly line of Parcel 2 (65.58 O.R. 383), said point also being on the arc of a
curve concave easterly having a radius of 730.00 feet, to which point a radial line bears
':onh 8131'31" West; thence southerly along said curve and along said westerly line
,hrough a central angle of 0202'54", an arc distance of 26.10 feet to the PONT OF
F.GINNIN-G. Containing an area of 450 square feet, more or less.
plat showine the above described easement is attached hereto and trade a part hereof as
.xhibit "B" V
rt'„is easement description has been prepared by me in conformance with the Professional
Land Sunevors' Act.
This description was prepared for BRIA.N KATE GAS FOL;LK..
LAND S&
/ 9
Bv. f� ✓V� f;
Paul Kittredge, PLS Nck,,5790 = PAUL KITTREDGE S
License expires 6/30/2000 EXP. b/30/00
L. S. 5790 `.
)aced:
1 ` OF
Ln� ..✓
EXHIBIT "A”
Page 1 of 1
27 %'cr._. Mair Straez,Su,te 200 Walmu: dreek, CA 9®5_. 2'"4 . M5i 940.2200 . FAX(9251940-2299
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PROPOSED
PACIFIC BELL
EASEMENT
450 SO.F r.f LJ
L2 Ir 7
5' A NCHOP EA SEMEN T
3K 6725 PC 43
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LEGEND
C� Cry
(,Q) INDICA 75 R,40114L SEARING �
LJ INDICA TES LINE NUMBER II
C3 INOICA i c S CUR VE NUMEER
GRAPHIC SCALE
POB POINT OF BEGINNING
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R1 W Rl GH T OF WAr'
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J W'L Y CORNER PAPCEL 2
PER 6558 0.R. 38i
S 884828" E
EXHIBIT ' B' 60.00'
2737 North Mcin Street Subject PROPOSED PACIFIC BELL EASEMENT
1 Suite 200 GLACIER DRIVE MARTINEZ
Brian Wgaz Faulk Wclnut Creek, CA 94596 Job No. 995033.50
:-nyineers . Surveyors . Planners 925/ 02200 2y RS Date 04/1 9 �9,,hk d , Pr-
925/940-2299 (=AX) 1
- SHEET 1 _ Or --�---�-----
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: 4361-6G5392 CP NO.: 99-45
ACTIVITY NAME: Granting of Easement for Pacific Bell Vault at 40 Glacier Drive
DATE: June 8, 1999
PREPARED BY: Leigh Chavez
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY:
The activity consists of granting a 12' by 26' easement over a portion of County property
identified as Assessor's' Parcel No. 155-280-011 to Pacific Bell. The County will maintain
ownership of the parcel. The easement is for the installation of a vault that will house
electronic equipment and an electrical pedestal. Pacific Bell will be responsible for
obtaining CEQA compliance for the actual installation of the vault.
LOCATION:
The property is located southwest of the intersection of Muir Road and Glacier Drive in the
City of Martinez (Figures 1-3).
REVIEWED BY: DATE:
Cece Sellgren
Environmental Planner
APPROVED BYdDATE:
Community Development Representative
G:fig rpdata\engserv%enviro199projects\CEQAOnlylDetermPacBellVautt
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
551 Pine Street, 4th Floor -North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person:Cece Sellaren --Public Works Dept.
Project Description, Common Name (if any) and Location: Easement for Pacific Bell Vault at 40 Glacier
[give, County File #CP 99- 45 Project Description: The project consists of the granting of a 12' by 26'
easement over a portion of County property identified as Assessor's Parcel No. 155-280-011. The County will
maintain ownership of the parcel. The easement is for the installation of a vault which will house electronic
equipment and an electrical pedestal. Pacific Bell will be responsible for obtaining CEQA compliance for the
actual installation of the vault. Project location: The property is located southwest of the intersection of Muir
Road and Glacier Drive in the City of Martinez.
This project is exempt from CEQA as a:
Ministerial Project (Sec. 15266) Other Statutory Exemption, Section _
— Declared Emergency (Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3)
Emergency Project (Sec. 15269(b) or (c))
_._., Categorical Exemption,
for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Leigh Chavez County Clerk Fee $50 Due
G:lenviro199projects\NOEEasementPacBell
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PROPOSED l�
PA CIfI C BELL
EA SEMEN r
450 SO? FT.f tj
L2 /C1
5' ANCHOR EASEMENT i
BK 6726 Pu 4J E.�.t
883 74:2
/N A �
No ffecring I Distant-
Ll N8778 J4 W 1 16.27'
L2 NLt2:3126 Ej 26.00
L J 5877$J4 E ' 18::5:=
POB
Nts. Radius I Delta en t an en
Cl I 7JO.DC t?LO 4 L 26.10 -1.3.05
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(R) INDICA TES RADIAL BEARING to
LJ INDICA TES LINE NUMBER
CJ INDICA TES CURVE NUMBER `'
P06 POINT OF BEGINNING GRAPHIC SCALE�
RIW RIGHT OF WAY o to 20 40
POC 1N FEET )
SWl Y CORNER PARCEL 2
PER 6556 O,R .38J
S 88'4828" E
EXHIBIT ' E' 6000,
2737 North Main Street Sub a eC t PROPOSED FRAC 1 F 1 C BELL EASEMENT
Suite 200 GLACIER DRIVE, MART(NEZ
Billm Vmgaz Flak walnut Creek. CA 94596 Job No. 995033.50
Cngfn�itt S�.w�yan �tan�rrt 925/940-2200Dat 9 C h k PI{
925J9ao-2299 (FAX) SHEET 1 OF 1
THIS SP,-. FOR RECORDER'S USE
r-F0263 (3-84) R/W-EXCL-AER-UG
WHEN RECORDED RETURN TO:
PACIFIC 13 BELL
2410 CAMINO RAMON, SUITE 350N
SAN RAMON, CA. 94583
ATTN: JUDY CHARLES
NO DOCUMENTARY TRANSFER TAX DUE
BY:
PACIFIC BELL RIGHT OF WAY ADMIN.
FILE: WF1092U.G
APN: 155-280-011-0 GEO: WF-61
RIC: 4C LOC: Rancho Las Juntas
JOB: WF-1092U BK:
GRANT OF EASEMENT
The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, Grantee, its successors and assigns, an
EASEMENT to construct, maintain, operate, inspect, repair, replace and remove such communication
facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom)
consisting of cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors,
structures with electronic communication equipment therein and associated paving, fencing, and other
necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property
in the City of Martinez, County of Contra Costa, State of California, described as follows:
See Exhibit"A"for legal description and Exhibit"B"for plat map attached hereto and made a part hereof.
This legal description was prepared pursuant to Section 8730c of the Business and Professions Code.
Grantor(s) also grant(s) to Grantee the right to trim such trees and other foliage and to cut such roots on
said property as may be necessary for the protection of said facilities.
Grantor(s)also grants(s)to Grantee the right to cut, fill or otherwise change the grade of said property and
to place such drainage and retaining structures thereon, as Grantee may elect for the protection of said
facilities, subject to approval of all plans by Grantor.
Prior to any construction within said easement, including installation, grading, or reconstruction, Grantee
shall submit plans for approval by Grantor.
Grantor(s) also grant(s) to Grantee the right to receive commercial power service from the appropriate
utility company serving the area together with the right for such utility company to place their respective
service facilities upon and within said easement.
Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of
Grantee, its agents or employees while exercising the rights granted herein.
State of California )
County of Contra Costa }
On — !: before me,
a deputy Clerk of t e Boardof ervisors, Contra Cos County, Personally appeared.
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 ,vtness whereof, I have hereunto set my hand the day and year first above written.
Signature
_aa--2� Jj��
Deputy Clerk
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, County, 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, tines,
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
County, its officers or employees.
To the extent permitted by law, Grantee shall indemnify, defend, save, protect and hold the County
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.
Executed thisday of k 19
Grantor: Grantee:
CONTRA COSTA COUNTY PACIFIC BELL
BY: BY:
Xcj
By(6n McDaniel
TIT hai , Bo d of Supervisors TITLE: Vice President,
Engineering and Construction
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�y r
State of California
r ,fit s
r� County of e0,,oV 7W 4 C.. O„S'7',,,Q. ss.
levvo r4 A/
on 1/ �. / , before me,�1�! 7�,� /' W, It . 5`,
—� Date Name and Title of Officer(e.g..-Jane Doe.Notary Public')
k personally appeared BVROAe Mid-04611e4
Names;of Signer(s)
Vpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is
subscribed to the within instrument and r
acknowledged to me tha&sXe/ttgy executed
n the same in his r/ttiir authorized
r -�� capacity(ies), and that by ,i tXr/ttXir ?�
r r JUOrTHA.CHAPUM signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
COL1111irry OF 00NM COM
r' t ►,y cin.Ex�.1[�c t at„�1 I
acted, executed the instrument.
r' ?
WITNESS my hand and official seal.
r r
2" Pude Nota+y Seaf Above Signature of Notary Pubic n
OPTIONAL r'
"hough the information below is not required by law, it may prove valuable to persons relying on the document t5
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached C ument
Title or Type of Document: _ iQ.4r�T OF E,9S MEJ1l7
Document Date: +C- 2 7, Number of Pages:
h �
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: JVROAV /1fd.D,4Ail`i r
Individual Top of lhumb rlere
Corporate Officer—Title(s):
- Partner— Limited —_ General
Attorney in F=act _ A
Trustee `
— Guardian or Conservator r
Other: Vice p`R€SlDwT, it1fZ6V f,,elxg%e'aAa`TetcJW r
r Signer Is Representing:
PACIFIC 13LGL `
C 1987 National Notary Association,9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313.2402 Brod.No.5907 Reorder:Call Toll-Free 1.800.878.5827
od
PROPOSED
PACIFIC BELL -
EASEMENT .'
�
450 SQ.FT:,t
"
r
L2 /Ct
5' ANCHOR EAS£M'ENT I 1
BK 6725 PG 4,3
N8-1-34'25",
L,wE TA ELI
No. I Orstonce
Ll N87 28 34 W ! 16.27
L2 NO2`3126 E 26.00 ;}
L 3 ' 587 28.34 £ 18.61POB
t
No. i Rodius I 0elto Length Ton2ent
C 730.00 02'02'54 26.10 13.05
LEG 7YQ
('R) INDICATES RADIAL BEARING
L.3 IhDICATES LINE' NUMBER
C3 INDICATES CURVE NUMBER � GRAPHIC SCALEI
POB P SIN T OF BEGINNING
0 10 20 40
R/W PIGHT Of WAY
{ IN FEET )
a 2 inch = 20 it.
POC
SWI Y CORNER PARCEL 2
PER 6558 0.R. 383
S 884828" E
EXHIBIT ' B' 60.00'
2737 North Moir) Street Sub j ec t PROPOSED FRAC I F I C BELL EASEMENT
Suite 200 GLACIER DRIVE MARTINEZ
Bran Kmps Wk Wolrlut Creek, CA 94596 Job No. 995033.50
fnginears . Surveyors . Ptnnners 925/940-2200 By RS Date 0d 199 99 Chkd._ PK_ _
925/940-2299 (FAX)
SHEET —1 ___ OF
Brian Kangas Foulk
Engineers • Surveyors • Planners
April 20, 1999
BKF Ref. No. 995033.50
EASEMENT DESCRIPTION
PACIFIC BELL EASEMENT
All that certain real property being a portion of Rancho Las Juntas, situate in the county of
Contra Costa, State of California, being more particularly described as follows:
COMMENCING at the southwesterly comer of Parcel 2 as described in that certain Grant
Deed from Muir Meadows Company, a limited partnership to the State of California,
recorded January 6, 1972 in Book 6558, at page 383, Official Records of Contra Costa
County; thence northerly along the westerly line of said Parcel 2 (6558 O.R. 383) the
following two (2) courses:
1) North 01'11'32" East 29.50 feet to the beginning of a curve to the right
having a radius of 730.00 feet,
2) along said curve through a central angle of 05°14'03", an are distance of
66.69 feet to the POINT OF BEGINNING of this description;
thence leaving said curve and said westerly line, North 87°28'34" West 16.27 feet; thence
North 02°31'26" East 26.00 feet; thence South 87°28'34" East 18.51 feet to a point being
on aforesaid westerly line of Parcel 2 (6558 O.R. 383), said point also being on the arc of a
curve concave easterly having a radius of 730.00 feet, to which point a radial line bears
North 81°31'31" West; thence southerly along said curve and along said westerly line
through a central angle of 02°02'54", an arc distance of 26.10 feet to the POINT OF
BEGIN7NING. Containing an area of 450 square feet, more or less.
A plat showing the above described easement is attached hereto and made a part hereof as
Exhibit "B".
This easement description has been prepared by me in conformance with the Professional
Land Surveyors' Act.
This description was prepared for BRIAN KANGAS FOULK
LAND �GF'
L
By:
Paul Kittredge, PLS Nu1790 =+ PAUL KITTREDGE
License expires 6!30/2000 ExP.6/30/00
L.S. 5790
Dated: 10 OF c P,l.�`K,r
EXHIBIT "A"
Page 1 of 1
2737 North Main Street,Suite 200 . Walnut Creek CA 94596-2714 • (925)940-2200 r FAX(925)940-2299