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HomeMy WebLinkAboutMINUTES - 09181984 - 1.3 (2) THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 18, 1984, by the following vote: AYES: Supervisors Powers , Fanden, McPeak and Torlakson NOES: None ABSENT: Supervisor Schroder RESOLUTION NO. 84/5 6 5 Gov. Code Sec. 25526.5 Flood Control District Act, Section 31 SUBJECT: Sale of Surplus Property San Ramon Creek Project No. 7520-688378 Alamo Area The Board of Supervisors of Contra Costa County as the Governing Body of Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Milton E. and Evelyn P. Fuller have requested an easement for access and utilities across County Flood Control District land. The Board hereby DETERMINES and FINDS that the conveyance of such easement will not substantially conflict or interfere with the District ' s use of the property and its estimated value does not exceed Ten Thousand Dollars ($10,000.00) . This Board hereby APPROVES and AUTHORIZES the sale of said easement over the District property, according to the terms and conditions set forth in the purchase agreement attached hereto as Appendix "A", to Milton E. Fuller, et ux, pursuant to Government Code Section 25526.5 and Flood Control District Act, Section 31. The Board Chair is hereby AUTHORIZED to execute said Purchase Agreement and a Grant of Easement on behalf of the District in consideration for the payment to be received in full in the amount of $10,000.00, the estimated fair market value of the property. The Real Property Division is DIRECTED to cause the Grant of Easement to be recorded in the office of the County Recorder. The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15112 of the State CEQA Guidelines , and DIRECTS the Public Works Director to file a Notice of Exemption with the County Clerk. The project has been determined to conform to the General Plan of the County of Contra Costa. f herahy cartify t1,n!tt is Is a true and correct copy of an ac Non to e: and entered en the minutes of the Scard of Stcpmv ;ars on the dnte shown. Orig. Dept.: Public Works (R/P) ATTESTM ._SEP 181984 cc: Public Works Accounting Pi 1. SAT C:,ELCR, Clerk of the Board Auditor/Controller of Superrd.ors and County Administrator Assessor Flood Control Dy Deputy BO.Fuller.10.t9 00038 RESOLUTION 84j565 San Ramon Creek Work Order 8378 PURCHASE AGREEMENT This Agreement is made and entered into this day of `' r+-a=A 198 by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVAT ON DISTRICT, a political subdivision of the State of California, hereinafter called "GRANTOR" , and MILTON FULLER and EVELYN P. FULLER, his wife, hereinafter called "GRANTEE". In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows: 1. GRANTOR hereby agrees to sell and convey those certain property rights described in Exhibit "A", attached hereto and made a part hereof, to the GRANTEE for the sum of $10,000, which includes GRANTEE'S deposit of $1,000 received by GRANTOR in January 1980. 2. The right, title and interest in the property to be sold shall not exceed that vested in the GRANTOR, and said property is sold subject to all existing easements , covenants, conditions, restrictions, reservations, prior rights and all other encum- brances, if any, whether the same be recorded or unrecorded. 3. GRANTEE shall pay all costs of escrow, title insurance, and recording fees, if applicable. 4. GRANTEE has no right of possession or use of the property until the date of recording the easement. 5. GRANTEE shall deposit with GRANTOR the balance of the purchase price within Q days of the approval of this transaction by the Board of .Supervisors . The GRANTEE understands that the GRANTOR reserves the right to cancel the sale at anytime prior to the recording of the easement. In the event of cancellation of sale, all monies deposited shall be refunded without payment of interest. 6. Upon receipt of payment in full for the property being sold, GRANTOR will cause to be delivered to GRANTEE a Grant of Easement to the property properly executed by the GRANTOR. 7. The property described herein is being sold and conveyed on an "as is" basis and GRANTOR makes no warranty, claim or guaranty, of any kind, as to the condition and/or possible uses of the land or any improvements thereon. The parties herein have set forth the whole of their agreement and the performance of this agreement shall relieve the GRANTOR of all further obligations or claims on this account. GRANTOR GRANTEE CONTRA COSTA COUNTY FLOOD G 'E CONTROL AND WATER CONSER- VATION DISTRICT By or,ldkvv�_ Chairman, Board of Superviosrs Evelyn P. Fuller 'PHIL BATCHELOR, ATTEST: 3,F4 t-OUSW4, Clerk of the Board of Supervisors and County Administrator By Deputy Clerk 711 lr1 PA.SRC 00039 Recorded at the Reque 1,30 Contra Costa County Flood Control and Water Conservation District , After Recording, Return to: Mr. & Mrs. Milton Fuller 55 Provo Lane Danville, CA 94526 192-272-003 GRANT OF EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter called "DISTRICT" hereby grants to Milton E. Fuller and Evelyn P. Fuller, his wife, as joint tenants, hereinafter called "GRANTEE", a nonexclusive easement for ingress and egress for vehicles of all kinds, pedestrians, animals, utilities, and any necessary structures, including bridges and appurtenances thereto, and for no other purposes whatsoever, together with a right of way on, along and in all of the hereinafter described parcel of land situate in the County of Contra Costa, State of California, described as follows: For description see Exhibit "A" attached hereto and made a part hereof The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall , prior to any construction or installation within the easement area, submit specific plans and specifications to DISTRICT for review and approval . Such approval , together with any additional requirements to be in the form of a written permit issued by DISTRICT to GRANTEE. It is understood by GRANTEE that DISTRICT's requirements will be particularly restrictive for any construction or maintenance to be done in the winter period (defined as between October 1 and April 15). 3. The DISTRICT reserves its prior rights to use any and all of said lands for any purposes including, but not limited to construction, reconstruction, repairing, maintaining, modifying, excavating, relocating, or removing Flood Control facilities and appurtenances thereto. Said reserved rights, however, shall not preclude GRANTEE 's rights and uses hereunder. Any uses by either party that may conflict with other parties uses shall be submitted to the other party for review. 4. Except in the case of emergency repair, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior approval of its plans by the DISTRICT. 5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's iise of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said work may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 6. GRANTEE agrees that DISTRICT assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from DISTRICT's operations and use of said lands. 7. Nothing herein contained shall be construed to prevent DISTRICT from granting other easements over said lands or using said lands for any and all purposes , provided, however, that DISTRICT shall not unreasonably prevent or obstruct GRANTEE 's easement rights hereunder, subject to the provisions as contained in paragraph 3 above. 1 00040 i� �8. GRANTEE agrees to defend, indemnify and hold harmless the DISTRICT, its agents and employees, of and from any and all claims, demands, costs, damages, losses, actions, causes of action or judgments which DISTRICT may pay or be required to pay by reason of any damage, including inverse condemnation, injury or death to any person or property suffered by any person, firm or corporation as a result of the exercise by GRANTEE of the rights herein, granted to it. 9. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event GRANTEE abandons any of 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 hereupon cease and terminate and title thereto shall immediately revert to and vest in the DISTRICT or its successors. Upon any termination of GRANTEE 's rights hereunder, GRANTEE shall , upon request by the DISTRICT, and at GRANTEE 's sole cost and expense, remove all its facilities from said lands and restore said property to its original condition. Upon failure of GRANTEE so to do, said work may be performed by the 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. 10. This easement is granted subject to encumbrances and restrictions of record and any prior rights held by others within said land, against which no warranty is made. 11. 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. 12. 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. IN WITNES WHEREOF, this Grant of Easement is signed and executed this % ffb( day of 191±. CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT ABOVE TERMS AND CONDITIONS APPROVE 8 GR By Chair, Board of Supervisors BY ATTEST: Date: FORM .APPROVED JOHN a. C1 A1ISEN, County owl By Dept 2 00041