HomeMy WebLinkAboutMINUTES - 08171999 - C42 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Resolution on August 17, 1999, by the following vote:
AYES. SjjTERNjjS0Rq. 1A, tiIUKE-'A, GERBER, D,,LisSAU12FyiuR ��i.e O.iAN�'vY.t9?".��i.,C"i
NOES:
ASSENT- N-ONE
A STAR N�o�u RESOLUTION NO. 99
Government Code § 25526,6
Conveyance of an Easemeni to Pacific Bell
40 Glacier Drive, Martinez
Assessor`s Parcel No, 155-230-011
Project No. 4361-6G5392
Cly No. 99-45
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real propel` by Grant Deed recorded on February 23,
1976, in Book 1195at page 5648 in the Martinez area, Pacific Bell has requested an easement
over a port= 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 Beard hereby APPROVES and AUTHORIZES the conveyance of ars easement to
Pacific Sell over the property described in Exhibit ,Ana and shown on the plat reap Exhibit „E59
attached hereto, pursuant to Government Code Section 25526.6 and the Board Clair 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,
€be Real property Division is DIRECTED to cause said Easement t0 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 15661 (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
F_LC3:eh copy of an action teen and entered on the
G:1�iea'tPYop1t X99-=€€sst�3-8\B�27®Paci#'{cBeii.uoc
Graig, Dept.: Public Works (R/P) minutes of the Board of Supervisors or,the
Contact; L. Lucy Owers (313-2229) date shown.
cc, Public W--rks Accounting
Public works Records ATTESTED: 9UGUST 17, 1999
Grantee (vie /P) PHIL BATCHELOR, C'!erk of the Board of
Community Development Dept Supervise nd County Administrator
By
RESOLUTION NO. / �.
�fy
_0(
Brian Kangas Faulk
Eng;^eers - Surdeycrs - Planners
Apr i 20, 11999
B"C-F def. No. 995033,50
EASEMENT DESCRIPTION
PACIFIC BELL., EASEMENT
All that cereair rea, property beinar a portion or Ran.-ho L.as Juntas, satuard in rhe county of
Contra osta, State of Califobrria, being amore particularly described as fol.ows.
'I L"NCI G at the southwesterly corner of ?arce' 2 as descr'bed in that certain Grant
Deed feQrn Muir Meadows i.Qri parry, a United partnership to the State of California,
rl=corded January 6, :972 n Boob 6558, at page 383, Official records of Contra Costa
i %i P
ae Qn°y; t e"CCnonher'y aiQ_g te wpSten:y ne Quadarcel R 3831 t:
¢QIEow:ng
two couise
North Ob°. . 32East 29.50 feet to the beginn ;dg of a curve to the night
� a
having a radius of 730.00 feet,
2along said, curve t1m �' 5,dough a centra. ang' n� ✓O i 4'03>, �.s o
/ .dam ., .� , arc distance Gam`
65.69 feet to the P0IIv T OF BEE01 of this descriprior°
thence `eavv>ng said curve and, saidsaid westerly Arne, North 8728'34" West 16.27 beet;
thence
North 020311 11'26- East, 26.00 fleet, thence South 87°28'34» East 18.51 Leet to a point being
on aforesaid westerly line of Parcel 2 (6558 0.1R. 383), said point, also being on the arc of a
cLlrve concave e sier y having a radius of 730.00 feet, to whitch -oint a radial Ione bears
d Qi La. 81 West;, tr ell southerly alonsaid curve
and along said ery _2%2e
'arou.gn a centra! angle of 02°02415495, an ary distance of 25.10 Let
to the PO
�j\' 0—
P��,�v,TNNI G. Containing ars area of 450 square feet, more or less,
A -olaygt5 showing the above descn bed easer Yent :s attached hereto and made a,art hereof as
3,X1 l'LJtt 64B99. :
7,11S easerrent description has ...Jebel:prepared by me all conformancewith the ro ess�FVi -ai
.and Surveyors' Act.
This description was prepared for BRIA-N, KANGAS FOULK..
By: d«Ye tLa edge s ...s I.`d � ,"`•1 t +-AUL KI TTREDGE �n'
License expires 6/30/2000 EXP. 6730/00 `
d) L. S. 5,299 �a
T, t�
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11age l of I
2727 Ncrtri Vain Street.Suite 200 g Walnut Creek, CA 94596-2714 ® ;925)940-2200 9 FAX 19251940-2299
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6K 6726 PG 43
B OR-
No. �eorin ce
L! i N87`26'.3z `�Vj 16.27`
L2 ND'ff'26'e , 26.00
L.3 1 567�E 1 "� f6.51' ii
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No. Delta Length I TF5—qcnt € • � a t
C1 1 7J0.00' 1 02 02':4' 26.101,3.05 t
LEGEND e I
(R) INDICA TES RADIAL 8EARING
L 3 INDICA T�S LINE NUMBER `
C3 INDICA Te S CUR 11E NUMBER
P00 POINT OF 6 6//VIVING GRAPHIC CA
LF
R/W RICHT OF WAY 0 10 20 40
IN FZET
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.SW L Y CORNER PARCEL 2
PFR 6558 0.F. 3p�.3 `
T s 60,00'
27 North gain Strut Sub j e t PROPOSED r AC 1 e 'C BELL EASEME'N T
Suite 204 _ GLAC! ER t7R?VE , MARTINEZ—
Bria
€ARTfNEE
wcfnut Creek, Cdr 94596 job No, 995033.50
cngi aerx Sur aycrs • :;fanners 925/940-2200 By. RS Dote L� 99 ' .
925/940--2299 (FAX)
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DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (C A)
FILL °O.: 4361-6G531922' �£ NO,: -09-455
,1'1-lV NAME: Gra,nfing of Easement for Pacific Bell Vault at 40 �lecler Drive
DATE: June 8, 1999
PREPARED Y: Leigh Chavez
This activity is not subject to the California Environmental Quality Act (CEQ )
pursuant to Article 5$ Section 15061 (b) (3) of the CEQA Guidelines.
It oar be seers with certainty that there is no possibility teat the activity .may have e
signi"Mcant adverse effect or, the environment.
ESCRIPTION OF THE I`l l -
T'e activity consists of oranting e 12' by 26' easement over a portion of 'County property
identified as Assessor's` Parcel No. 155-280-011 to Pacific Bell. The Count,will maintain
ownership of the parcel, 1 e easement is for the installation of a vault that will Douse
electronic euiprnert and an electrical pedestal. Pacific Bellil be reponiie for
obtaininng CEQA compliance for the actual installation of the veugt.
LOCATION:
The property is looted southwest of the intersection of Muir Road and Glacier Drive in the
City of Martine (Figures 1-31b
REVIEWED BY: k--DATE:
ace e l ren
Environmental Planner
APP A: : /
Community Development Repre entative �
a:ig npdatai,s QA0n,v0Det9nr acBeWau!t
Notice of Exemp-ttion
Contra Costa County Corramu tty Develot)merA De went.
65 1 Pine Street, 4th Floor- North Wing, McBrien Adm. inistration Bulla ng
Martinez, CA 944,53-0.095
Telephone: (5 0) 313-2296 Cents-t Parson: ece is - Pul; l�?ksq Dept.
Protect Description, Common NaMe (if any) and Location: Easement for Pacific Bell 'fault at 40 Glacier
Drive, County Fate MCP 99- 45 Project Description, The project consists of the gran=ting of a '` ` by 6`
easement over a portion: of County properly identified as Assessors Parcel o� €55-Z80 11. The County wfli
maintain ownership of the parcel. The easement is for the installation of a vault which will hour 'ectr4 k,
equipment and an electrical pe e taL Pacific e[l will be responsible for obtaining CEQA corn-pHance for the
actual installation o the vault. Project location. The property is located southwest oN Lhe intersection of Mui,,
Road and Glac=ar Drive in the City of Martinez.
This project Is exempt from CEQA as a:
Ministerial 'Projiect (Sec. 15288) Of'Mer Statutory Exempt;ori, Sc--tion
Declared Emergency (,Sec. 15289(a)) 7%Glenenal Rule&ApplicabMity, (Section °1506#( )'a)
Emergency Prof et (Sec. 152691",N or (c))
Cate-gorical ;mxerlpfio";
for the€Dhow€rig reason(s): It can be seen with certainty that there is no possibility that the activity may have a.
sign,ficavt adverse effect on the environ%; sato
Date: y:
Community Development Dep rtrnent Representative
AFFIDAM OF FILING AND POSTING
I declare gist on I received and -csted this notice s reau red bur
E
Cal ornia Public Resources Code Section 211 521(c). Said notice wM remsl1 os ed for 30
days frcrr, the ti[Ing date.
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Signature
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Applicant:
Cour y Pub;ic Works eper: gent
255%lcscie—Drive
Mei€nez, CA 94553
_ C, e Coun y Cie k Fee$50 Due
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PRIOPSED
P,4.CIR C BELL I
450 550,FT,
\"a
L25' ANCHOR EASEMENT
P
8K x`726 PG 4 T �
LI I N87 2f J4" 15.27
L2 IN✓2 l T67- 25.0 0 g
L, X74
T_ 7
±25
2L EGEAIDi`
Ito
(P) #NDCA�T.S RADIAL 8,FAPPl,'G �y
CJI I!°Z)ICA r_j,xRVE NUMSEP I
G RAPs i C4
P06 P 1 T OF 86Gtl�MING SCALE
'e 20 40
Plw RIGHT Or WAY
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E ( n�" FEETI inch 20
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Poc
S W L Y COP ER PA RCEZ 2
PER 6 158 O.R. 3W k
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S 88'48'28' e
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Sub °ec PROPOS PA `F C BELL EAS,--M7N7
a p�
� � �i�5f i�1 AE ti Street
4 Gi AC I` D i V- MART pt,F.
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SO,,a 200 4
Hilan Kwgas Wk Walnut Creek, a 94596 Job No. 9915033.5
925/94-W-2200 9Datef -PK
�r�.1®®r8 � �uev rs f'i�ffnara !r , �7� ,t�.. +��Y �_`� ��v�59:�,d .
925/940-2299 %FAX,. SHIEt�T
a�:
THIS SPACE FOR RECORDER'S USE
CF0233 (3a84 R/W-EXCL-AER-UG
WHEN RECORDED RETURN TO:
PACIFIC 13 BELL
S
2410 CAMINO RAMON, SUlTE 35ON
SAN RAMON, CA. 94583
ATTN. JUDY CHARLES
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O DOCUMENTARY 1 RAN F R.SAX Dry
Y.
A"" FiC BELL RIGHT OF WAY ADWIIN,
FILE. WF1'092.i.s
R/C; 4C LOC: Rancho Las juntas
XB: WF-1092U Bid:
GRANT OF EASEMENT
The undersigned Grantors) hereby grant(s) to PACIFIC BELL, Grantee, its successors and assigns. an
EASEM-'ET to construct, rnairtain, operate, inspect, repair, replace and remove such communicatior
facilities as %G`irar=,tee may from tine to firm; require, (inciud ng 'ingress thereto and egress therefrom)
consisting or cables, fres, conduits, Tran;poles, handholes, r~:arkers, pedestals, eiectrica' conductors,
structures wit`. electronic c°.a•s"?1E'unicat!cn epuipn^ant there'n and associated paving, fencing, and other
necessary fixtures and, app;artenar;ces related thereto; ;n, over; order and upo!^ that certain real property
in the City of Martinez, County of Contra Costa, Mata of California, described as follows:
See .�xh;ibit" "for lega' descrlpt on and Exh;wit,:Sot for plat map attached hereto and made a part hereof.
This egai description was prepared pursuam 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 protect on of said facilities.
Granters}also grantsW to Grantee the right to cut, ill or otherwise change the grade of said property and
to pace 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, gracing; or reconstruction, Grantee
shall submit t pians for approval by Grantor.
Grantor(s) also grant(s) to Grantee the right to receive cornmerclal power service from the appropriate
sit ii v company serving One area together with the right for such utility company to piece heir respective
service facilities upon and within said easement.
Grantee sinal; be responsibie for dar;age caused ;ntentlonal;y or by any negligent act or d;nission of
Grantee, its agents or employees while exercising the rights granted herein,
A
State of California
County of Contra Cost
On �� d foie rye, -� � 5
€ r cif M rd u p ry sor f Contra Cos bounty, perso'
y appeared'
personally known to m for proved to me on the basis of satisfactory evidence; to de t,e
Person(s)whose name(s) is/are subscribed to the withir instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized c c (i )x and that
y his; er`t eir € n t re's) on the instrument, the person(s), or the entity upon behaff of
which thet un,( ) acted, executed the instrument.
in witness whereof, 1 have hereunto set my hard the day and year first above weitten,
Signature
IV Deputy Clerk
n the exercise of all rights under this easernent, %G, tae shall be responsible for any and a i injury the
pubi , to persons and to property arising out of or connected with Grantee's use of the Property, Grantee
snit indemnify, defend, save. protect and ho:b harmfless, County, fits officers, agents, ernPioyees and
contractors fru:^ and against any and ae; threatened ^or ac:uai loss, damage (Mcluding f .reseea le and
un,lbreseeable consequential damages), ,ab;li:v, ciairns, suits, demands, judgments, orders, costs, fines,
oenaities or expense of whatever character, inc?uding but not I;Ir Cited to those relating to inverse
condern nation, and including attorneys'fees, (hereinafter collectively referred to as`°LiabFlfties")to persons
or property, direct or consequential, directly or indirectiy contributed to or caused by the, grant ng of this
easernent, Grantee's Operations, acts or omissions pursuant to this easement, or the Grantee's use of the
easer"'.erat, save and except Liabilities arising through the sole neg igence or sole iiiful misconduct of the
County, its officers or emnioyees.
To the extent Derr mined by law, Grantee shall lndemn fy, defend, save, protect and hold the 'County
harmless from and against any and all cairns, demands, Liabilities, expenses (including without limitation
attorneys'fees and consultants'fees), penalties, damages, consequential damages and losses, and costs
but not mited 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 c eanup, remediation, closure or other required plans whether such action is required or necessary
D to or 'foilo ing the terra nation of the easement , oaf any kind or nature, to the extent caused or
contributed to by Grantee's operation or performance under this easernent, or Grantee's use. release or
disposal of any hazardous substance, including all costs, claims, darnages (inciudirg property and
personal :-,:,j-y} caused by the uncovering, release or excavation of hazardous materials (including
pe roi-urn', as a result of Grantee's construction, reconstruction, rnaintenance, use, rapiarernerrt, or
removal of its facilities, to the extent that such activities increase the casts attributabie to the cleanup or
rerrrediation of such hazardous rrmateria;s•
Executed this
Grantor: Grantee:
CONT RA C(-) TA C'OUNTY PACIFIC' BELL
'v, BY:
By n McDaniel
TIT nw, o d of supervisors TFLE: Vice President,
Engineering and GonstrUction
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
d
State of cs.lfornia
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County of ,eV 7R4 ,' ;r
»lo r4A-
O � , before e, �f a ` ?aO�� >.
h .-.�. ns�: iiw a � ri � ?ver+e and i�fie of Cf+icsr(e.g-,"Jane Doe,Notary Public') ,
e sonaiiy appeared'
{` Na..e(s)of S.gnerts) 5
V persona.liy known to me 3�
L proved to :ne on the basis of satisfactonj
evidence z
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to be the person(s) whose name(s) 3s
?� subscribed to the with r instrument and S
racknowiedged to me¢ha /tidy executed
r the same ins Yl, author,zed X
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_. .. _ cC Cc e es' and '�l)a.t b
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. JUMTHA.CHARLES signatures) on the nstn".ment the person(s); or
r� NOTAW PLOM•CALIF M the en tv upon: behalf of which the pensun s) r
acted, executed the n strurnent.
:g
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WiT NESS rry hand and official seal.
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r7 P;ace Notary Seal Above Signature of Notary Public h
T th
OPTIONAL
C
Though the information below is not require'by law, it may prove valuabie to persons relying on the document
F• and could prevent fraudulent removal and reattachment of this form to another document.
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Description of Attached D ume t
S ""isle o-T pe of Document: r Q j" e eN-
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Docu;~^,en; date: � Number of
gages:
Signer(s) Other'''r,-eft Named Above:
Capacity(les) Claimed by signer S
X
R g tar's ar e: JV864 11ra- Aglel-
individuai Top of thumb Frere
h vorporate Officer—fit:*sS : 5
Partnter—= Limited Genera;
Attomev in 6act ?�
Trustee
< Guardian or Conservator
signer is epresertt ng:
Z 1997?National Notary Assoolatw.9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91 313-2402 Prod.No.5607 Peorcer:Cali Toll-Free t-800.676.6627
3
PRO: I
PA CIFIC BELL
EASEMENT
450 SOF*lr± L3
LL
5' ANCHoR EASEMENT
BK 6726 PC 4 j
Ll Nc. — fr r,
Distance
Not 316 L i 25.oo
i
Lj S87-28J74"TTtc i 78.51POB
" $
i N s Geltc ; t,enr¢t� ; cn ent
�. ,. 75'G.oo { 02 v2 544 i 2670 * 1305
1- D
(R) INDICATES RADIAL S'E'ARING �o
L3 INDICATES L 1!1E tVUVRE'R � f
CJ 1AVICATES r-UR'vF NUMBER
PoB POINT OF BEGIAININC
8111 RICHT of VIA n se 2� as
I inch _ 20 ft.
POC
P--,-R 5558 O.R. j8J1
S 48"2 "
EHi B
-
2737 North Street Sub ec t PROPOSED A." i C BELL EASEMD
Suite 200 vWAC!�R DRIVEMARTINEZ
Man Kagn Faulk smut Creek, CA 94596 Job No. 995-CS35C
Engrnaars a s�:rvsycrs > Fanners 925/940--2200 By S Dc`e �4 i 9 �9 Chxd R✓
925/940--2259 (FAX)
OFT
Brian Kangas foulk
fig veers 0 Surveyors
ADr 120, 1993
BK def. No, 995033.50
EASEMENT DESCRJPTION
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:
COMM' ,N'`ING at the southwesterly corer of Parcel 2 as described in that certain Grant
Deed from Muir Meadows Company, a limited partnership to the Mate of Califomia.
recorded January 6, 1972 in Boob 6558, at page 383, Official Records of Contra Costa
County; thence northeply along the westerly line of said Parcel 2 (6558 O-R, 383) Glee
following Iwo (2) coarses;
f North 01°11932" East 29.50 feet to the begii ,n of a curve to the right
having a radius of730.00 feet,
2` along said cun7e through a central angle of 05°14"03", an arc distance of
66.69 fbet to the POS OF BEGINNING of this description;
thence leaving said curve and said westerly line, North 8728'34" West 16.27 feet; thence
ado:th 02'3"26" last 26.00 feet; thence South 87'2834" East 18.51 feet to a point being
on aforesaid westerly line of Parcel 2 (6558 0,R. 383), said point also being or. the are of a
curve concave easterly having a radius of 730.00 0 feet, to which point a radial line bears
North 81031'311" West; thence southerny along said curve and along said westerly line
through a ce-ntral angle of 2°02'54"$, an arc distance of 26.10 feet to the POINT OF
BEGrINTNING. 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";
'lis easement description has been prepared by ane in Conformance with the Professional
,and Sri—veyors' Act.
71 his description was prepared for BRLAN KANGAS FOULK.
,,-AND
By: f
pealittred8e, PLS 1 79 PAUL, I REEDUE }
License expires 6/30/2€00 6/30/000
41
bated; -
0�
EXHIBIT" "A"
'age 1 of i
2737 North Main Street,Mite 200 * walnut Creek CA 94595-2714 ® ?925;940-2203 W(925)940-M9