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HomeMy WebLinkAboutMINUTES - 08132002 - C20 TO. BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , DATE: August 13, 2002 SUBJECT: Wildcat Canyon Road Slide Repair. Orinda Area. [CP# 02-031 Project No.: 0572-GU2550 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION f. Recommended Action: A. DETERMINE that the Wildcat Canyon Road Slide Repair Project activity is exempt from the California Environmental Quality Act (CEQA) as a Categorical Exemption, Class 3 pursuant to CEQA Guidelines. B. APPROVE the Right of Way Contract and ACCEPT the Grant of Easement and Temporary Construction Easement from East Bay Municipal Utility District (EBMUD). C. AUTHORIZE the Public Works Director to execute said Right of Way Contract, Grant of Easement, and Temporary Construction Easement(TCE) on behalf of the County. D. APPROVE payment of$3,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to East Bay Municipal Utility District to be forwarded to the Real Property Division for delivery. E. DIRECT the Real Property Division to have the above referenced Grant of Easement recorded in the office of the County Recorder. Continued on Attachment:X SIGNATURE: &4'-1 1&ft RECOMMENDATION OF COUNTY ADMINISTRATOR L-RECOMMENDATION OF BOARD COMMITTEE t,-'APPROVE OTHER SIGNATURESa: le:�e ✓ ACTION OF BOAR,0 ON AMIST 13, 2009 APPROVED AS RECOMMENDED xx OTHER ti VOTE OF SUPERVISORS I hereby certify that this is a true and correct _ UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. CP:eh ATTESTED: AUGUST 13, 2002 G:\Grpdata\RealProp\2002-t=iles\BOs&RES\BO Wildcat Canyon.doc JOHN SWEETEN,Clerk of the Board of Orig. Div: Public Works(RIP) Supervisors and County Administrator Contact: Carla Pecclanti (313-2222) > cc: County Administrator By Deputy Auditor-Controller(via RIP) P.W.Accounting Recorder(via RIP) SUBJECT: Wildcat Canyon Road Slide Repair. {)rinds Area. DATE: August 13, 2002 PACE: 2 I1. Financial Impact: Payment of$3,000 from County Road funds. 111. Reasons for Recommendations and Background: These property rights are required for the Wildcat Canyon Road Slide Repair project in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Parcel Number: I, 2, 3, 4 Grantor: East Bay Municipal Utility District Project Dame: Wildcat Canyon Road Slide Repair P. O. Box 2.4055 Project Number: 0672-6R6387 &0672-6U2550 Oakland, CA 94607-4240 :["GHT OF WAY CONTRACT BETWEEN CONTRA COSTA COUNTY AND GRANTOR NAMED HEREIN A document in the form of a Grant of Easement dated and a Temporary Construction Easement dated L covering the property particularly described in said instrument, has been executed and delivered to Carla Peccianti, Real Property Agent for Contra Costa County. In consideration of the above-mentioned instrument and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. This Agreement is effective on the date of approval by the County. 2. The County shall: A. Pay the undersigned grantor the sum of for the property or interest therein as conveyed by the above documents when title to said property or interest vests in the County. Title to be taken subject to Grantor's underlying fee title and: (1) Covenants, conditions, restrictions and reservations of record, if any. (2) Easements, Licenses or rights of way over said property. 3. All construction activities shall conclude by November 19, 2002. If there is unforeseen weather conditions and /or construction complications which may cause delays in the completion of the project by November 19, 2002, the County will then have the site winterized and construction will recommence spring of 2003 with a final completion date of December 31, 2003 (actual expiration date of TCE)." 4. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 5. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. CONTRA COSTA COUNTY GRANTOR Recommended for Approval: EAST BAY MUNICIPAL UTILITY [STRICT By By Carla Peccianti Stephen J. Boeri Beal Property Agent Manager of Real Estate Services By date Karen A. Laws (Date Signed by Grantor) Principal Real Property Agent APPROVED: By Maurice M. Shiu Public Works Director Date: (Date of Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED G:\GrpData\RealProp\Caria\purchase agreementsMght of Way EBiY UD Wildcat Canyon.doc 0'7/18/02 Parcel Number: 1, 2, 3, 4 Grantor: East Bay Municipal Utility District Proiect Name: Wildcat Canyon Road Slide Repair P. 0. Box 24055 Project Number: 0672-686387 &0672-6U2550 Oakland, CA 94607-4240 RIGHT OF WAY CONTRACT BETWEEN CONTRA COSTA COUNTY AND GRANTOR NAMED HEREIN A document in the form of a Grant of Easement dated and a Temporary Construction Easement dated covering the property particularly described in said instrument, has been executed and delivered to Carla Peccianti, Real Property Agent for Contra Costa County. In consideration of the above-mentioned instrument and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. This Agreement is effective on the date of approval by the County. 2. The County shall: A. Pay the undersigned grantor the sum of for the property or interest therein as conveyed by the above documents when title to said property or interest vests in the County. Title to be taken subject to Grantor's underlying fee title and: (1) Covenants, conditions, restrictions and reservations of record, if any. (2) Easements, Licenses or rights of way over said property. 3. All construction activities shall conclude by November 19, 2002. If there is unforeseen weather conditions and for construction complications which may cause delays in the completion of the project by November 19, 2002, the County will then have the site winterized and construction will recommence spring of 2003 with a final completion date of December 31, 2003 (actual expiration date of TCE)." 4. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 5. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public %, improvement. CONTRA COSTA COUNTY GRANTOR Recommended for Approval: EAST BAY MUNICIPAL UTILITY (STRICT By By Carla Peccianti Stephen J. Boeri Real Property Agent Manager of Real Estate Services By ©ate: Karen A. Laws (Date Signed by Grantor) Principal Real Property Agent APPROVED: By Maurice M. Shiu Public Works Director Date: (Date of Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED G:\CrpData\RealProp\Carin\purchase agreements\Right of Way EBMUD Wildcat Canyon.doc 07/18/02 CALIF iNIA ENVIRONMENTAL QUALI) ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street,4th Floor-North Wing,McBrien Administration Building Martinez,CA 94553-0095 Telephone: (925)313-2190 Contact Persson: Crystal Nalera-Public Works Dent. Project Description,Common Name(if any)and Location:Wildcat Canyon Road aide Repair,County File #CP02-03: Project Description:The proposed project will repair the road embankment in three active slide areas, in order to reduce the threat of future slide activity endangering road accessibility. An engineered embankment design is the proposed stabilization solution. The repair will consist of excavating the material from the slide area down to stronger underlying material and re-compacting the soil with the installation of a geogrid strip matrix and a rock buttress to key the toe of the slope into the stronger underlying base material(See Fig.4). The area of excavation for slide 1 will be,approximately 75- feet wide(adjacent to the roadway)by 80 feet long(perpendicular to the roadway);for slide 2,approximately 70-feet wide by 90-feet long;and for slide 3,approximately 65-feet wide by 85-feet long(See Fig.3). Work may also include reconstruction of the adjacent roadway,placement of asphalt concrete dike,and installation of drainage facilities to divert water away from the slide area. Through traffic will be limited to one-lane access during the majority of the project with intermittent road closures. Appropriate advance notification will be used to detour traffic during work requiring road closures. Access roads may need to be constructed In order to remove loose slide material and construct the engineered embankments. In order to construct the access roads and repair the slides, it may be necessary to clear and trim a minor amount of the surrounding vegetation, including a total of about 20 trees ranging In size from 0.5 to 1.5 ft dbh. Tree species to be removed include Coast live oak (Quercus agrfiblia),California bay(Umbellularia califamice)and walnut(Jugtans). All exposed areas will be hydro-seeded for erosion and sediment control purposes. Real property transactions and acquiring access through adjacent EBMUD property may be necessary in order to reach the slide area during construction. An agreement with the Department of Fish and Game may be requiredif work is to occur within their jurisdiction. Project location: This project will repair a section of embankment along Wildcat Canyon Road,approximately 0.5 mile west of San Pablo Dam Road In the Orinda area. Wildcat Canyon Road is an alternate travel way between Orinda and Berkeley and also serves as an alternate access to Tilden Regional Park. (See Fig.1-2) 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)) _A_Categorical Exemption,Class 3 for the following reason(s):This project will consist of the construction of three small slide repair facilities. It Is necessary to stabilize Me falled embankments;along Wildcat Canyon(toad In order to preserve the existing roadway from further damage. No scenic resources will be Impacted by the project. Date: By. Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by Callfomia 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 84553 Atte: Crystal Naera County Clerk Fee$50 Due G:1EngSvc\ENVIRO12002 ProjectsMildcat Slide\CEQAtW€IdcatCyn Slide-NOE.doc r CONTRA UBLIC WORKS DEPAR . HENT COSTA iNITIAL STUDY. COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#0672-6R6$87-02 and 0672-6U2550 CP#02-03 PROJECT NAME:Wildcat Canyon Road Slide Repair PREPARED BY: Crystal Najera DATE:January 29,2002 APPROVED BY: DATE: RECOMMENDATIONS: (X)Categorical Exemption (Class 3) () Negative Declaration () Environment impact Report Required () Mitigated Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: This project will consist of the construction of three small slide repair facilities. It is necessary to stabilize the failed embankments along Wildcat Canyon Road In order to preserve the existing roadway from further damage. No scenic resources will be Impacted by the project. What changes to the project would mitigate the Identified Impacts. NIA USGS Quad Sheet: Briones Valley Base Map Sheet# N-9 Parcel#257030020 GENERAL CONSIDERATIONS: 1. Location: This project will repair a section of embankment along Wildcat Canyon Road, approximately 0.5 mile west of San Pablo Dam Road in the Orinda area. Wildcat Canyon Road is an alternate travel way between Orinda and Berkeley and also serves as an alternate access to Tilden Regional Park. {See Fig.1-2) 2. Project Description: The proposed project will repair the road embankment in three active slide areas, In order to reduce the threat of future slide activity endangering road accessibility. An engineered embankment design Is the proposed stabilization solution. The repair will consist of excavating the material from the slide area down to stronger underlying material and re-compacting the soil with the Installation of a geogrid strip matrix and a rock buttress to key the toe of the slope into the stronger underlying base material (See Fig. 4). The area of excavation for slide 1 will be, approximately 75 feet wide(adjacent to the roadway)by 80 feet long (perpendicular to the roadway); for slide 2, approximately 70-feet wide by 90-feet long; and for slide 3, approximately 65-feet wide by 85-feet long (See Fig. 3). Work may also include reconstruction of the adjacent roadway, placement of asphalt concrete dike, and Installation of drainage facilities to divert water away from the slide area. Through traffic will be limited to one-lane access during the majority of the project with Intermittent road closures. Appropriate advance notification will be used to detour traffic during work requiring road closures, Access roads may need to be constructed In order to remove loose slide material and construct the engineered embankments. In order to construct the access roads and repair the slides,It may be necessary to cigar and trim a minor amount of the surrounding vegetation, including a total of about 20 trees ranging in size from 0.5 to 1.6 ft dbh. Tree species to be removed Include Coast live oak (Quercus agr/folls), California bay (Umbellufarle callfomice) and walnut (Juglans). All exposed areas will be hydro-seeded for erosion and sediment control purposes. Real property transactions and acquiring access through adjacent EBMUD property may be necessary In order to reach the slide area during construction. An agreement with the Department of Fish and Game may be required if work Is to occur within their jurisdiction. 3. Does It appear that any feature of the project will'goneratd significant public concern?[]yes [X]no []maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [X]yes [] no Agency Name(s): East Bay Municipal Utility District 5. is the project within the Sphere of Influence of any city? No. GAEngSvc%ENViR0\2002 Projects\Wildcat Sllde\CEQA1WIldcat Slide-initial Study.doc Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Live Martinez,CA 94553 Attention:Carla Peccianti Portion of Assessor's Parcel No. 267-030-021 GRANT OF EASEMENT THIS INDENTURE,made and entered into this day of ,2002,by and between EAST BAY MUNICIPAL UTILITY DISTRICT,a public corporation organized and existing under the laws of the State of California hereinafter called Grantor, and CONTRA COSTA COUNTY,apolitical subdivision of the State of California, hereinafter called the GRANTEE, WITNESSETH : That the GRANTOR, for a good and valuable consideration,the receipt and sufficiency whereof are hereby acknowledged,and of the faithful performance and observance by Grantor of all of the covenants and agreements herein contained,does hereby grant,subject to all of the terms and conditions hereof,to Grantee and to its successors and assigns an easement and right-of-way for the purpose of laying down, constructing,reconstructing,removing, replacing,repairing,maintaining,operating and using, as the Grantee may see fit, for the transmission of drainage water, a pipeline, culverts or ditches, and all necessary braces, connections, fastenings and other appliances and fixtures for use in connection therewith or appurtenant thereto, all hereinafter referred to as"the structure,"within the boundaries of that certain real property described in Exhibit"A" attached hereto and made a part hereof. The easement above mentioned is granted by Grantor and accepted by Grantee upon the following terms and conditions, and Grantee does hereby covenant with Grantor as follows: I. Grantee hereby acknowledges the title of Grantor in and to the real property above described and agrees never to assail or to resist said title. 2. The construction, reconstruction, maintenance, removal and use of, and all work upon or in connection with the structure shall at no time and in no way whatever interfere with the operations of Grantor; the location of the structure, the construction, reconstruction, maintenance and removal thereof and all work in connection therewith shall be done and made to the satisfaction of Grantor. 3. Upon completion of any of its works hereunder, Grantee shall promptly restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. 4. Grantee expressly agrees to indemnify,defend and hold harmless Grantor,its directors,officers,and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys' fees, arising out of Grantee's operation or performance under this agreement, including all costs, claims and damages(including property and personal injury)arising out of any hazardous substances, hazardous materials or hazardous wastes (including petroleum) within the easement areas or on the adjacent Grantor's property caused,uncovered,released or excavated as a result of Grantee's construction, reconstruction, maintenance, use, or removal of its structure. 2 5. Grantee agrees to assume all risk of damage to the structure and to any other property of Grantee or any property under the control or custody of Grantee while upon the property of Grantor or in proximity thereto, caused by or contributed to in any way by the construction, reconstruction, operation, maintenance, repair or use of facilities or improvements of Grantor, present or future. G. Except in case or ordinary maintenance and emergency repairs,Grantee shall give to Grantor at least ten(10) days notice in writing before entering upon the real property hereinabove described for the purpose of constructing,reconstructing,repairing or removing the structure or performing any work on or in connection with the structure or the operation thereof. 7. All rights herein granted to Grantee are subject to all existing rights,rights-of-way,reservations and easements by whomsoever held in and to said real property. 8. If Grantee shall fail to construct the structure and place it in operation within a period of two years after the date hereof, or shall at any time abandon the structure or any portion thereof, or fail to use the structure for the purposes for which this easement is granted,then all rights of Grantee in and to said real property or such portions thereof so abandoned or not so used shall thereupon cease and terminate and title thereto shall immediately revert to and vest in Grantor.Upon any termination of the rights of Grantee hereunder, Grantee shall at Grantee's expense, promptly upon request by Grantor so to do, remove the structure from said real property and restore said real property to its original condition; upon failure of Grantee so to do, said work may be performed by Grantor at Grantee's expense, which expense Grantee agrees to pay to Grantor promptly upon demand. 9. Grantee shall provide portable sanitary facilities for repair crew. 10. Grantee shall install filter fabric beneath the rock at the energy dissipate IN WITNESS WHEREOF,the parties hereto have executed this indenture,in duplicate,the day and year first above written. EAST BAY MUNICIPAL UTILITY DISTRICT CONTRA COSTA COUNTY By By Stephen J. Boeri Maurice M. Shiu Manager Real Estate Services Public Works Director By Date: Date: G:\GirpData\Real Prop\Carl aleasements\EA25.wi ldcat.doc 4711$142 Wildcat Canyon Road E.B.M.U.©. Portion of APN 267-030-021 Drawing No. RW 16518-2002 EXHIBIT"A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Rancho EI Sobrante, described as follows: Parcel 1-Slope and Dralnarge Easement Commencing at station No. 35 as described in the field notes for Road Petition No. 71 (R.E. Rowland and others) filed May 16, 1687 in Road Book 1, Page 105, Contra Costa County records, said centerline station bears North 20°00'04" West 132.00 feet from centerline Station No. 34 (right of way width is 50.00 feet); thence South 42°14'38" East 616.04 feet to the Point of Beginning on the northeasterly right of way line of said road; thence leaving said right of way line North 70°00'00" East 22.04 feet; thence South 20"00'00" East 12.00 feet; thence South 16°10'14" East 20.78 feet; thence North 52016'10" East 46.36 feet; thence South 37043'50" East 20.00 feet; thence South 52"16'10" 54.26 feet; thence South 16"14'10" East 60.42 feet; thence South 3'33'10" West 25.94 feet to the said northeasterly right of way line; thence along said line North 24°00'04" West 68.42 feet; thence continuing along said line North 20°40'04" West 70.00 feet to the Point of Beginning. Containing an area of 3247 square feet (.0745 acres) of land, more or less. Parcel Two- Drainage Easement Commencing at station No. 35 as described above; thence North 29°12'17" East 28.81 feet to the Point of Beginning on the northeasterly right of way line of said road; thence along said right of way line North 31"00'00"West 20.20 feet; thence leaving said right of way(line North 67°05'16" East 37.68 feet; thence South 22°54'44" East 20.00 feet; thence South 67°05'16"West 34.83 feet to the Point of Beginning. Containing an area of 725 square feet (.0166 acres) of land, more or less. Parcel Three-Slope Easement Commencing at station No. 35 as described above; thence North 18°57'10" West 119.78 feet to a point on the northeasterly right of way line of said road; thence along said right of way line North 31000'00" West 10.00 feet; thence continuing along said right of way line North 9°00`04" West 13.00 feet to the Point of Beginning; thence along said right of way line North 9004'00" West 45.07 feet; thence continuing along said right of way line North 5"00'00" East 7.00 feet; thence leaving said line South 85°013'00" East 23.00 feet; thence 1 ......................................... South 7007'54" East 4f.32 feet, thence South 81000'00" West 22.50 feet to the Point of Beginning. e Containing an area of 1142 square feet (.0262 acres) of land, more or less. This real property description has 'been prepared by me or under my -direction, in conformance with the Professional Land Surveyors Act. Signature: l D Licensed Land Surveyor Contra Costa County Public Works Exp. 12-31-04 No.5999 Date: z Z__ �c- CA1-���¢ G:iGrpoataitesign\SURVrzYSUgalskExhibits2OQ2lVVildcat CanyonPcl1,2,3.doc KT:js -16-2002 2 -- r d e J AW ,err-a-C,+tc`re'a•C"tC e`"� R • } IS L1 � +�`` X14 rt�r//rlr� If lo ski/�"�rjjJf t4rf3 t'� 4 0 V ;fit s a: 0 It " s t ucd ---, — v Im 0 w !- aewe cii r Page 10 of 11 u6a'otSclMkiaa u.[mp�wa1M\Nacts+d\•� TOO MZ'NrWYO r N C7 E I � � C) ¢ � Co OW, 2 y ai I sa NI - A4t, s „Ota t N Q� o �t1 a se J, vY 66� iy- o C; moi " ,�' f j civ CA. Lj C14 r4 via co C ri C7 A.c ON 0 Q)ZM N CL + vc/ T wa o< OM H j O d O C0.0 < y <, acNi °ALL �-W t� to 0 c UJ -a o , o' sa OF 09 0 tj 2.2 n °0`rill: N $ $ $ ua EE tai W � LI � C f E .+ N ►f •I g� a t: t. Parcel Number: 4 Grantor: East Bay Municipal Utility District Project Name: Wildcat Canyon Road Slide Repair P, d. Box 24055 Project Number: 0672-685387 & 0672-6U2550 Oakland, CA 94607-4240 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made and entered into this day of, 2002, by and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California, hereinafter called the "Grantor" and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the"Grantee." Grantor owns in fee title the parcel of land measuring a total of 963.578 acres (APN 267-030- 021). Grantee desires to use a portion of said land to repair the slide on Wildcat Canyon Road and intends to execute a Grant of Easement for the permanent rights, simultaneously with the execution of this Temporary Construction Easement("TCE"). The parties hereby agree as follows: WITNE SETH : Grantor hereby grants to Grantee a Temporary Construction Easement over and across that certain real property shown in Exhibit"A,"attached hereto and made a part hereof, near the City of Orinda in the County of Contra Costa, State of California, which real property shall hereinafter be referred to as the"Property." The TCE herein granted shall include Grantee's right to enter upon the Property to provide access for the use of a portable drill rig to the lower rows of cast-in-drill-holes (CIDH) for the permanent easement referenced above. All construction activities shall conclude by November 19, 2002. If there is unforeseen weather conditions and/or construction complications which may cause delays in the completion of the project by November 19, 2002, the County will then have the site winterized and construction will recommence spring of 2003 with a final completion date of December 31, 2003 (actual expiration date of TCE)." Grantee expressly agrees to indemnify, defend and hold harmless Grantor, its directors, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys' fees, arising out of Grantee's operation or performance under this agreement, including all costs, claims and damages (including property and personal injury) arising out of any hazardous substances, hazardous materials or hazardous wastes (including petroleum) within the easement areas or on the adjacent Grantor's property caused, uncovered, released or excavated as a result of Grantee's construction, reconstruction, maintenance, use, or removal of its structure. Upon completion of any of its works hereunder, Grantee shall promptly restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. CONTRA COSTA COUNTY GRANTOR Recommended for Approval: EAST BAY MUNICIPAL UTILITY DISTRICT By By Carla Peccianti Stephen J. Boeri Real Property Agent Manager Real Estate Services By--- Date: Karen A. Laws (Date Signed by Grantor) Principal Real Property Agent APPROVED: By Maurice M. Shiu Public Works Director Dated: (Date of Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL. BE RECOGNIZED G:\Gip Data\RealProp\Carta\TC'E\TCE Wildcat Canyon.doc Wildcat Canyon Road E.B.M.U.D. Portion of APN 267-030-021 Drawing No. RW 1651 B-2002 EXHIBIT"A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Rancho El Sobrante, described as follows: Parcel Pour-Temporary Construction Easement to expire on December 31, 2003. Commencing at station No. 35 as described in the field notes for Road Petition No. 71 (R.E. Rowland and others) filed May 16, 1887 in Road Book 1, Page 105, Contra Costa County records, said centerline station bears North 20°00'00" West 132.00 feet from centerline Station No. 34 (right of way width is 50.00 feet), thence North 18°57'10" West 119..78 feet to the Point of Beginning on the northeasterly right of way line of said road; thence along said right of way line North 31°00'00" West 10.00 feet; thence continuing, along said right of way line North 9000'00" West 13.00 feet; thence leaving said right of way line North 81°00'00° East 15.00 feet; thence South 17°4827' West 24.95 feet to the Point of Beginning. Containing an area of 191 square feet (.0044 acres) of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: ' ' Licensed Land Surveyor Contra Costa County Public Works —`► * Exp.12-31-04 7k No.5999 Date: '' /Z%' OA G:\GrpData\Design\SURVEYS1Legals\Exhibhs2b02\Wildcat CsnyonPcWdoc Kr,js 7-16-2002 Ana Cd ' tt: s� cc v LL77,4 `�L L♦ � l� fi .trr�j!!'rf r 1 �Cz lii tz:cv °r ►q !O y w_ w � < cr. .� co t> fillll �gw x �-- v v E 1 L Page 10 of 11 �A°LOtSi'9il�ihAN��3 i�At.K\*ta+Sn. Sd�9i tMt-A'MtC C 0.z 0 .r > 0 O t' Vrl 4�`' ✓' »` 0All G� x � dJ i o It CN o © g / m z C6 g x � UaaU J a E / c 0 c'a* ' � ° L 100 -0 v o °M t ClpoTJ � t�. 0'"� io� C7 CWILO � 0 to i E � C3,�r��--- CSS w Uwh 0 p '0 a. i� '�• N W o k { � C4 C > w Parcel Number: 4 Grantor: East Bay Municipal Utility district Project Name: Wildcat Canyon Road Slide Repair P. O. Box 24055 Project Number: 0672-686387 & 0672-6U2550 Oakland, CA 94607-4240 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made and entered into this day of, 2002, by and between EAST DAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California, hereinafter called the "Grantor" and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the"Grantee." Grantor owns in fee title the parcel of land measuring a total of 963.578 acres (APN 267-030- 021). Grantee desires to use a portion of said land to repair the slide on Wildcat Canyon Road and intends to execute a Grant of Easement for the permanent rights, simultaneously with the execution of this Temporary Construction Easement("TCE"). The parties hereby agree as follows: WITNESSF` 14 Grantor hereby grants to Grantee a Temporary Construction Easement over and across that certain real property shown in Exhibit"A," attached hereto and made a part hereof,near the City of Orinda in the County of Contra Costa, State of California, which real property shall hereinafter be referred to as the`.`Property." The TCE herein granted shall include Grantee's right to enter upon the Property to provide access for the use of a portable drill rig to the lower rows of cast-in-drill-holes (CI1)H) for the permanent easement referenced above. All construction activities shall conclude by November 19, 2002. If there is unforeseen weather conditions and/or construction complications which may cause delays in the completion of the project by November 19, 2002, the County will then have the site winterized and construction will recommence spring of 2003 with a final completion date of December 31, 2003 (actual expiration date of TCE)." Grantee expressly agrees to indemnify, defend and hold harmless Grantor, its directors, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys' fees, arising out of Grantee's operation or performance under this agreement, including all costs, claims and damages (including property and personal injury) arising out of any hazardous substances, hazardous materials or hazardous wastes (including petroleum) within the easement areas or on the adjacent Grantor's property caused, uncovered, released or excavated as a result of Grantee's construction, reconstruction, maintenance, use, or removal of its structure. Upon completion of any of its works hereunder, Grantee shall promptly restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. 14. CONTRA COSTA COUNTY GRANTOR Recommended for Approval: EAST BAY MUNICIPAL UTILITY DISTRICT By By Carla Peccianti Stephen J. Boed Real Property Agent Manager Real Estate Services By Date: Karen A. Laws (Date Signed by Grantor) Principal Real Property Agent APPROVED: By Maurice M. Shlu Public Works Director Dated: (Date of Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED G:EGrpData\RealProp\Carla\TCE\TCE Wildcat Canyon.doc Wildcat Canyon Road E.B.M.U.D. Portion of APN 267-030-021 Drawing No. RW 1651 B-2002 EXHIBIT "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Rancho El Sobrante, described as follows: Parcel Four-Temporary Construction Easement to expire on December 31, 2003. Commencing at station No. 35 as described in the field notes for Road Petition No. 71 (R.E. Rowland and others) filed May 16, 1887 in Road Book 1, Page 105, Contra Costa County records, said centerline station bears North 20000'00" West 132.00 feet from centerline Station No. 34 (right of way width is 50.00 feet); thence North 18057'10" West 119.78 feet to the Point of Beginning on the northeasterly right of way line of said road; thence along said right of way line North 31°00'00° West 10.00 feet; thence continuing. along said right of way line North 9°00'00" West 13.00 feet; thence leaving said right of way line North 81'00'00" East 15.00 feet; thence South 17°4827' West 24.95 feet to the Point of Beginning. Containing an area of 191 square feet {.4)044 acres) of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. D . Signature: ` Licensed Land Surveyor �v- Contra Costa County Public Warks UP.12-31-04 Na 5999 Date: Cl��-�� G:\GrpData�DesigniSURVEYS\LegafsNExhibits2oo2kWildcat CanyonPcWdoc Mis 7-16-2002 4 t b1 x }tltlU4gCxt�l �3# iia Y a 7 � tY t Elf w J x t Page 10 of 11 �t'ZOa9ftMlA4k w.iwyseoYlM\+tia�{+�rC�,O WAS L03Y-lNY-�0 r 4 D � c Ls.l AP A J• ..r pD C 'y � a r M ® X88 Qsa a C3 OfN g ao ab l Li JU kn Ne r4) cn co l o {� a hL) z \ z:� E- 8� :9.0 L ocv.6, 4) 4! rhCa ° I CL � / -off ° I=*—V /� p SAS -vo � a f � 0 o D C W d U� '002.0 -moo r L c > 8888 > � Q k. G a « N h V { G' ii