HomeMy WebLinkAboutMINUTES - 09192000 - C7 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 19, 2000, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMIUA
NOES: NONE
ABSENT: SUPERVISOR GERBER
ABSTAIN: NONE RESOLUTION NO. 2000/ 449
Government Code § 25526.6
Conveyance of an Easement to
Pacific Sell Telephone Company
Project No. 7478-6X5045
Cornell Park M-8
Determine that the project is not subject to CEQA
pursuant to Article 5, Section 15061(b) (3)
Discovery Bay Area
CP No. 00-61
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by offer of dedication recorded
on March 5, 1985, in Book 12215 at page 18, in the Discovery Bay area. Pacific Bell
Telephone Company has requested an easement over a portion of said property,
described in Exhibit "A" 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 Telephone Company over the property described in Exhibit "A" attached
hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby
AUTHORIZED to execute a Grant of Easement on behalf of the County in consideration
for the payment received in full in the amount of$4,500.00.
The Real Property Division is DIRECTED to cause said Easement to be delivered
to the grantee.
I hereby certify that this is a true and correct
LLO:eh copy of an action taken and entered on the
G:\GrpData\RealProp\2000-Files\BOs&RES\BR27-Pacbeil_D6.doc minutes of the Board of Supervisors on the
Orig. Dept.: Public Works(R/P) date shown.
Contact: L.Lucy Owens(313-2229)
cc: Public Works Accounting ATTESTED: SEPTEMBER 19, 2000
Public Works Records PHIL BATCHELOR, Clerk of the Board of
Grantee(via R/P) Supervisors and County Administrator
Recorder(via R/P)
Community Development Dept
T.Torres,Environmental(via R/P) ByQ17nti- Deputy
RESOLUTION NO. 20001 449
Conveyance of an Easement to Pacific Bell Telephone Co.
September 19, 2000
Page 2
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 pursuant to General Rule of Applicability under
County Guidelines and Section 10001(b)(3) of the State CEQA Guidelines, and DIRECTS
the Director of Community Development to file a Notice of Exemption with the County Clerk
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.
RESOLUTION NO. 20001 449
CALIFORNIA ENVIRONMENTAL QUALITY ACT
AN. otice of Exemption
Contra Costa County Community Development Department
651 Pine Street,4th Floor-Forth Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact Person:Cece Sell rg en - Public Works Dept.
Project Description, Common Name (if any) and Location: Pacific Bell Easement-Cornell Park,
Discovery Bay (M-8), County File #CP 00-61. Project Description: The activity consists of
granting a 20-foot by 20-foot easement over a portion of Contra Costa County property, identified
as Assessor's Parcel Number 004-200-013, 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 for communication purposes. Pacific Bell will be responsible for obtaining
CEQA compliance for the actual installation of the vault. Project location: In the east county area,
west of Willow Lake Road and north of Beaver Lane. (Figures 1-4).
This project is exempt from CEQA as a:
Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section
Declared Emergency (Sec. 15269(a)) ,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
1 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: Trina Torres County Clerk Fee$50 Due
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Recorded at the request of:
PACIFIC BELL
After recording return to:
Pacific Bell
2410 Camino Ramon,
Suite 2N350AA
San Ramon, CA 94583
Attention: John DePaoli
Portion of A.P.N. 004-200-013
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, a political subdivision of the State of California, (hereinafter"COUNTY"), hereby
grants to PACIFIC BELL TELEPHONE CO., (hereinafter "GRANTEE"), a nonexclusive
right to a perpetual easement and right of way 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, and for no other purposes
whatsoever; in, over, under and upon the hereinafter described parcel of land situate in
the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS W AND 481I"
The foregoing grant is made.subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERT1t; The primary use of the Property subject to
this easement (hereinafter the "Property's) is for park purposes, including, but not
limited to, the right to operate, maintain and for ingress and egress to County's
facilities. GRANTEE acknowledges and agrees that the use just described
constitutes the primary use of the Property and that any and all rights granted or
implied by this Grant of Easement are secondary and subordinate to the primary
use of the Property by the COUNTY, its successors and assigns. GRANTEE shall
not, at any time, use or permit the public to use the easement area in any manner
that will interfere with or impair the COUNTY's primary use of the Property.
GRANTEE shall not fence said easement without the prier written approval of the
COUNTY, and shall remove any fencing when requested by COUNTY to do so.
{GRANTEE shall not otherwise obstruct the easement area.
2. COUNTY TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property
and agrees never to assail or resist said title.
� 1
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the COUNTY
for review and approval. Such approval, together with any additional requirements
to be in the form of a written permit issued by COUNTY to GRANTEE.
(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing pipelines, shall not require prior notice
to the COUNTY. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4. DAMAGE TO COUNTY PROPERTY: Any and all COUNTY Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at COUNTY's discretion and direction, be
repaired or replaced by COUNTY, with all reasonable costs and expenses to be
paid by GRANTEE (including but not limited to engineering costs and legal costs
of collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE,
at the sole cost and expense of GRANTEE, equivalent to or better than their
existing condition. In the event that GRANTEE fails to commence the required work
within thirty days after being directed to do so by COUNTY, or such reasonable
extension as COUNTY may agree to in writing, or fails to complete the required
work within a reasonable time thereafter, COUNTY may perform or complete the
work at the expense of GRANTEE, which expense GRANTEE agrees to pay to
COUNTY promptly upon demand, including but not limited to engineering costs and
any legal expenses incurred to collect such oasts.
b. DAMAGE TO GRANTEE'S FACILITIES: COUNTY shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements, caused by or resulting from COUNTY's use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for
its own facilities. Subject to the foregoing, if GRANTEE's properly marked,
protected and maintained facilities are damaged by the sole, active negligence or
willful misconduct of COUNTY, COUNTY shall repair the damage at its sole cost
and expense or, at the discretion of and upon written notice from COUNTY, the
damage shall be repaired by GRANTEE and the pre-approvedreasonable cost of
such repair shall be paid for by COUNTY. Under no circumstance shall COUNTY
have any liability to GRANTEE or to any other person or entity, for consequential
or special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
of GRANTEE's facilities, to the extent COUNTY is otherwise so liable under this
Grant of Easement, shall be to require COUNTY to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
2
6. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. GRANTEE agrees to take all precautions required to avoid damage to
the facilities of the existing users. If GRANTEE damages the facilities or
improvements of any existing user, GRANTEE shall repair or replace such facilities
at GRANTEE's sole cost and expense. Nothing contained herein shall be construed
to prevent COUNTY from granting other easements, franchises, licenses or rights
of way over said lands, provided however, that said subsequent uses do not
unreasonably prevent or obstruct GRANTEE's easement rights hereunder.
7. FRANCLIISE FEES: To the extent not exempt by PUC 7901, the Grantee shall pay
to the County a franchise fee for use of the County right of way at the maximum rate
permitted by law. To the extent that any telephone or telegraph line installed
pursuant to this easement is used for the operation of a cable system, as now or
hereafter designed in a state of federal law, or for the transmission of video
programming, or other programming services to subscribers, the Grantee shall be
required to apply to the County for a cable franchise and shall pay to the County a
franchise fee on gross revenue at the maximum rate allowed by law.
8. INDEMNIFICATION. AS-IS CONDITION OF PROPERTY: (a) 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, fines, 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.
b) GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
COUNTY 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 COUNTY related thereto.
c) GRANTEE accepts the easement area in an "as is" physicalcondition, with no
warranty, guarantee, representation or liability, express or implied on the part of the
COUNTY as to any matter, including but not limited to the physical condition of the
3
Property and/or 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 substance, 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.
It shall be the sole responsibility of GRANTEE, at its sole cast and expense, to
investigate and determine the suitability of the soil, 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 and
is not relying in any manner on any representation or warranty by COUNTY.
GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever
claim have or assert any right or action against COUNTY 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 COUNTY 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 intended in any way to restrict the right of
GRANTEE to seek contribution or indemnity from any person or entity other than
COUNTY 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 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 lasses, 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.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
4
g. NO WARRANTIES. GRANTEE understands and acknowledges that COUNTY
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 COUNTY.
10. ABANMNMENT: In the event GRANTEE. shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in COUNTY or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by COUNTY, and
at GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work may be performed by COUNTY at GRANTEE's
expense, which expense GRANTEE agrees to pay to COUNTY upon demand.
GRANTEE ,shall execute any Quitclaim deeds required by COUNTY in this regard.
11. No ASSIGNMENT OF CEMENT. No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of COUNTY.
12. ENTIRE AGREEMENT. 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.
13. CONSTRUCTI N: 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 readand 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.
5
9 4. SUCCESSORS AND ASSIGNS: 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 19th day of
SEPTEMBER . 2000.
CONTRA COSTA COUNTY GRANTEE: PACIFIC BEI I TELEPHONE CO.
By �gy �
Vic hair, oard of Su rvisors
B on McDaniel
TITLE: Vire-President
STATE OF CALIFORNIA ) Engineering and Construction
COUNTY OF CONTRA COSTA )
On September 19, 2400 before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrat E-�itcta, (>o'll
personally appeared Uilkem
who is personally known to me(or proved to me on
the basis of satisfactory evidence)to be the person(s)
whose name(s)Ware subscribed to the within instru-
ment and acknowledged to me that he/she/they
executed the same in his/her/their authorized capaci-
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:
Depu Jerk
Form Approved(07/99)
Victor J. Westman, County Counsel
LLO:
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6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Pi `�
State of California
ss.
County of GaS7X
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On GCG. 17 00be#ore me, flit! �t�ao4 i vr"
Tj Date Name and Title of macer(e.g,,"Jafie Doe,Notary Pub ") S
personally appeared ' A/
Name(s)of Signer(s)
Cil
personally known to me
r; ❑ proved to me on the basis of satisfactory
evidence
JOHN K DE IRAOU
_ Comn*stcn#12+11" to be the persoV whose nameX is/w"
NO"PtAft`COftl—1 subscribed to the within instrument and
Comm Ctxta CW*f acknowledged to me that he/44ai44ek ,executed 6
*Cornrn wD6c?3;.= S
the same in his/#efA*eif authorized
capacityki s), and that by his#mTftfteift
signatur& s<on the instrument the person tx or
the entity upon behalf of which the person,(�j
acted, executed the instrument.
WITNESS m d a cial seal.
r
Place Notary Seal Above ignature of Notary Public
4LC?PTl{711tAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached [Document
Title or Type of Document:
Document Date: Number of Pages:
Signers)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: -,
Individual Too of thumb here
Corporate Officer—Title(s):
Partner- -❑ Limited ❑General
Attorney in Pact
❑ Trustee
Guardian or Conservator
E Other:
Signer Is Representing: i
S
C 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-900-878.6827
Exhibit "A„
That portion of that certain real property described in the instrument
entitled, "Offer of Dedication", recorded July 28, 1972, in Book 8708
of Official Records of Contra Costa County at Page 19, said
dedication being accepted by the Board of Supervisors of Contra
Costa County on February 12, 1985, and recorded March 7, 1985, in
Book 12215 of Official Records of Contra Costa County at Page 18,
which is described as follows:
Beginning a point in the northerly boundary line of Lot 1 in
Subdivision 4378 recorded in Book 198 of Maps at page 9, in the
Office of the County Recorder of the county of Contra Costa, said
Point of Beginning being 20.0 feet distant from the northeasterly
corner of said Lot 1; said Paint of Beginning also being the
southwesterly corner of the parcel of land described in "Exhibit A" in
the grant of Easement from Contra Costa County to Pacific Bell
recorded April 11, 1997, in the office of said County recorder and
document numbered 97-0080133-00; thence North 810 40' 27" West
along said northern boundary line of said Lot 1, 20.0 feet; thence
North 8° 19' 33" East, 20.0 feet; thence South 810 40' 27" East, 20.0
feet to the northwesterly corner of said parcel of land designated
"Exhibit A" in said Grant of Easement to Pacific Bell, recorded April
11 ,1957; thence South 81 19' 33" West, 20.0 feet along the westerly
boundary line of said parcel of land described in said "Exhibit A", to
said northerly boundary line of Lot 1 and the Point of Beginning.
TOWN OF DISCOVERY BAY-CONTRA COSTA COUNTY
EXHIBIT "B"
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