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HomeMy WebLinkAboutMINUTES - 08121997 - C17 . - 61. 0 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 12, 1997, by the following vote: AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers NOES: None ABSENT: Supervisor DeSaulnier RESOLUTION NO. 97/449 Deerings Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 (Gov. Code §25526.5) SUBJECT: Sale of Surplus Real Property Flood Control Permit 609-97 Lower Pine Creek FCD Parcel 933 Concord Area The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation district, RESOLVES THAT: The District acquired certain real property by deed recorded on December 9, 1980, in Book 10122 at page 350, in Concord, for flood control purposes. The Valcalda Family Trust, owner of adjacent property, has requested an easement over a portion of said property, described in Exhibits "A" and "B" attached hereto, for the construction and maintenance of a 12"diameter storm drain outfall. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Louie E. Valcalda and Theresa Valcalda, Trustees of the Valcalda Family Trust dated August 29, 1989, over the property described in Exhibits "A" and "B" attached hereto, pursuant to Government Code Section 25526.5. The Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of$1,200. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the Grantee. Orig. Dept.: Public Works (R/P) I�,M*so�,,b,tr"and co�.ce a Contact: Nancy Wenninger(510) (313-2227) p„d at"S��°"-CM��°;shMn. "` "" cc: Public Works Accounting Public Works Records a"s�.a::��ry 0° `hW Grantee (via R/P) 4 °ip1r NW:gPP 9Area1prop\97-7tr26FCP.wpd (Form updated 2/97) RESOLUTION NO. 971449 EXHIBIT A REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, CITY OF CONCORD DESCRIBED AS FOLLOWS: DESCRIPTION OF THE CENTERLINE OF A 10 FOOT WIDE EASEMENT FOR STORM DRAIN Beginning at the most northerly point of that certain parcel of land described as parcel 933 included in that certain 63 foot wide strip of land described in the Final order of Condemnation rendered December 8, 1980,between Contra Costa County Flood Control and Water Conservation District,plaintiff,and Southern Pacific Transportation Company,et al.,Defendant,recorded December 9, 1980,in Book 10122 of Official Records,page 350,records of said County;thence S 33°36'5T'E 26.0 feet along the northeasterly line of the above mentioned Contra Costa County Flood Control District parcel 933 to the True Point of Beginnin¢of the centerline of the 10 foot wide storm drain easement being described; thence at right angles, S 56°23'03"W, 8 feet more or less to the termination of the storm drain on the inner face of the flood control channel. Containing an area of 80 square feet of land more or less. I�10. (ly C 307.18. ` Lc,. cn Cy LO or . �'���SIMCA t n A 1 v — J CL1 3 . CO Z z Li :('J o � 1- S o p N cn to co + © ac -' Li CID 3 ce ��tD J . Recorded at the request of: ' Louie'E. &Theresa Valcalda After recording return to: Louie E. &Theresa Valcalda 5556 Thornhill Drive Oakland, CA 94611 Lower Pine Creek FCD Parcel 933 Drawing EB-231 GRANT OF 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 State of California, hereinafter called DISTRICT, hereby grants to LOUIE E. VALCALDA and THERESA VALCALDA, Trustees of the Valcalda Family Trust, dated August 29, 1989, hereinafter called GRANTEE, a nonexclusive right to a ten foot wide perpetual easement and right of way for drainage purposes and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situate in the City of Concord, County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT "A" The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges DISTRICTs tide to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction or installation within the subject 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. 3. a. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT,its successors and assigns,to use all the property described herein. The GRANTEE shall not fence said easement without the express written permission of the DISTRICT first had and obtained and shall remove any fencing when requested by the DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or permit use of said easement for any purpose other than those described in this easement. b. The DISTRICT expressly reserves the right to use the,property subject to this easement in any manner and for any purpose,regardless of whether it interferes with or diminishes the easement conveyed to GRANTEE.The GRANTEE agrees that in its use of this easement and the exercise of any rights hereunder,GRANTEE shall in no way interfere with DISTRICTs use of the property. In the event GRANTEE's use should interfere, GRANTEE shall, at the request of DISTRICT, and at GRANTEE's sole cost and expense,remove, modify or relocate its facilities to the satisfaction of DISTRICT within thirty(30)days after written notice to do so.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. 4. GRANTEE shall not relocate,modify or reconstruct its facilities without first obtaining the prior written approval of its plans by DISTRICT. 5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use 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, protection or repair of GRANTEE's facilities resulting from DISTRICTs operations and use of said land. 7. The easement to be granted hereunder is non-exclusive. 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 and the DISTRICT expressly reserves the right to grant to others the right to use the easement in any manner and for any purpose.All rights granted to GRANTEE hereunder are subject to all existing and future rights, rights of way, reservations,franchises and easements in the property, regardless of who holds the same, including the DISTRICTs right to use the property for any purpose. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate any other user's right to construct, replace,enlarge,repair, maintain and operate its facilities,in the same manner as required by section 3 of this easement,including the rights and remedies contained therein." 8. a. In the exercise of all rights under this easement,GRANTEE shall be responsible for any and all injury to the public and to individuals arising out of 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), liability, claims, suits, demands, judgments,orders,costs,fines, penalties or expense of whatever character,including but not limited to those relating to inverse condemnation,and including attomeys'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. 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 property conveyed pursuant to this easement in an"as is"physical condition,with no warranty express or implied on the part of the DISTRICT as to any matter,including but not limited to the condition of the soil, water,subsurface strata or ambient air in,on,under at or in the vicinity of the property. GRANTEE agrees that neither GRANTEE,its heirs,successors or assign 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 any substance, material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal,state or local law, regulation or ordinance. Nothing in this section is Mended in any way to restrict the right of GRANTEE to 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,arising out of or connected with GRANTEE's operation or performance under this easement, including all costs, claims, damages(including property and personal injury)arising out of or connected with 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. e. The obligations contained in this section shall survive the expiration or other termination of this easement. 9. a. GRANTEE understands and acknowledges that DISTRICT makes no representations,warranties or guarantees of any kind or character,express or implied,with respect to the property,and GRANTEE is entering into this transaction without relying in any manner on any such representation or warranty by DISTRICT. b. DISTRICT makes no warranty,guarantee,representation or liability,express or implied,as to the physical condition of the property,including,but not limited to 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 substances,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. ft shall be the sole responsibility of GRANTEE,at its sole cost and expense,to investigate and determine the suitability of the soil,air,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 the property or its suitability for GRANTEE's intended use. 10. 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 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 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. 11. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT. 12. This easement is granted subject to encumbrances, licenses,leases,easements,restrictions,conditions,covenants, liens, claims of title, and restrictions of record and any prior rights held by others within said land, against which no warranty is made, and the word "grant"shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend,indemnify,save, protect and hold harmless DISTRICT,its agents,officers and employees,from any claim,action or proceeding to attack,set aside,void or annul this easement. 13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of DISTRICrs adjacent lands lying outside of the aforesaid strip of land above described. 14. 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. 15. 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. 16. 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 WITNESS WHEREOF, this Grant of Easement is signed and executed this/ day olid-Ir 1997. CONTRA COSTA COUNTY FLOOD GRANTEES CONTROL & WATER CONSERVATION DISTRICT By o,4 By���u-tee Vice_Cha' , Board Supervisors Louie E. Valcalda, T e eresa Valcalda, Trustee STATE OF CALIFORNIA ) DISTRICT OF CONTRA COSTA) On mus t 12. 1997 before me,Phil Batchelor,Clerk of the Board of Supervisors and DISTRICT Administrator, Contra Costa DISTRICT,personally appeared Vice Chair, Supervisor Jim Rogers who is 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 capack ty(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. By. . Deputy C&rk Form Approved(12/94) Victor J.W n CT Counsel By Dep NW:gpp g:\real prop197-71ea 17bVal.wpd (Form updated 1/97) EXHIBIT A REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,CITY OF CONCORD DESCRIBED AS FOLLOWS: DESCRIPTION OF THE CENTERLINE OF A 10 FOOT WIDE EASEMENT FOR STORM DRAIN Beginning at the most northerly point of that certain parcel of land described as parcel 933 included in that certain 63 foot wide strip of land described in the Final order of Condemnation rendered December 8, 1980,between Contra Costa County Flood Control and Water Conservation District,plaintiff,and Southern Pacific Transportation Company,et al.,Defendant,recorded December 9, 1980,in Book 10122 of Official Records,page 350,records of said County;thence S 33°36'57"E 26.0 feet along the northeasterly line of the above mentioned Contra Costa County Flood Control District parcel 933 to the True Point of Beginning of the centerline of the 10 foot wide storm drain easement being described; thence at right angles, S 56°23'03"W, 8 feet more or less to the termination of the storm drain on the inner face of the flood control channel. Containing an area of 80 square feet of land more or less. Ai: 4 , :.Jr. L N Ci. ` ry - rAk n�r t S1 3A cc) 00 cy— LY CP 3 � z o cQ © 4 � r CO 1\ CL. X W o� b a 17,00 7� /VIS Al o��� ��7 ALL.-PURPOSE ACKNOWLEDGMENT . State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of CONTRA COSTA ❑ INDIVIDUAL(S) . ❑ CORPORATE On August 18 19 9 7 before me, ELDONNA H. DAYTON, NOTARY PUBLIC OFFICER(S) / DATE a1AUE.irt4.E Or OrrCCER.E G.'JAN;DDE.ND7A5rNEX• 717LEISr ( ❑ PARTNER(S) i personally appeared LOUIE E. VALCALDA and THERESA VALCALDA ❑ ATTORNEY-IN-FACT (t NAME J5)Or StGNERiS, M TRUSTEE(S) t� ® personally known to me-OR=p proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS }` to be the persons) whose name(s) is/are ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- knowledged to me that he/she/they executed ❑OTHER: the same in his/her/their authorized capacity(ies), and that by his/her/their ELDONNA H. DAYTON signature(s)on the instrument the person(s), Comm,11111830 ortheentity uponbehalfofwhichlheperson(s) SIGNER IS REPRESENTING: MwE 01 PERSON;Sl OR EN'rrTY11ES) NOTARY PUBLIC-CALIFORNIA acted,executed the instrument. VALCALDA FAMILY Contra Costa County Witness my hand and official seal. r My Comm. Expires Oct. 4,2000 TRUST r; _ StGs�1 JFF Or NDIAgr r — ATTENTION NOTARY:A`ho,,pl)the into•mW.on regjesteC *'Op is OPTIONAL.o cook prevent fraro.ilent atlachrrten:of this celif"ie to unashoiiet'dot�•rte�:. j THIS CERTIFICATE Title or Type of Document HEED OF F.ASF.MF.NT ILKAJST BE ATTACHED TO THE DDCLJMENT Number of Pages 5 Date of Document 8/18/9 7 ; DESCRIBED AT RIGHT: Signer(s)Other Than Named Above CHAIRMAN, BOARD OF SUPERVISORS E CONS _ C145tNA71DNALND7ARYA550.,1ATIOr:•al2)EReTenetAn •PAt3a,7t6�•G•nE:PA+..GApt�:�•7tt