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A. THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on September 24, 2002, by the following vote:
AYES: Supervisors Uilkema, Gerber , DeSaulnier , Glover , and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/578
(Gov. Code § 25526.6)
SUBJECT: ADOPT Resolution No. 2002/ 578 determining that the conveyance of an
easement to the lronhouse Sanitary District is not subject to the California
Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b)(3)
of the CEQA Guidelines, and approving said conveyance, Oakley area.
[CDD-CP# 01-50].
Project No. 7505-6F8355.
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 Grant Deed on July 8, 1964 in Book
4655 at page 466, in the Oakley area for flood control purposes, commonly known as the
Marsh Creek Flood Control Channel. The lronhouse Sanitary District has requested an
easement over a portion of said property, described in Exhibit"A"attached hereto, for the
purpose of ingress and egress to their Lift Station Facility that supports Subdivision 7689.
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 Contra Costa Flood Control and Water Conservation District over the property described
in Exhibit "A„ attached hereto, pursuant to Government Code Section 25526.6, and the
Chair, Board of Supervisors 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
$2,200.
The Real Property Division is DIRECTED to cause said easement to be delivered to
the grantee.
CP:eh I hereby certify that this is a true and correct
G:\GrpData\RealProp\2002-Files\BOs&RES\BR27 Ironhouse.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(RIP) date shown.
Contact: Carta Pecclanti(313-2222)
CC,. Public Works Accounting September 24 2002
Public Works Records ATTESTED: '
Public Works Environmental®T.Torres JOHN SWEETEN,Clerk of the Board of
Grantee(via RIP) Supervisors and County Administrator
Recorder(via R1P)
Community Development Dept.—Karen Plona By tom, Deputy
Board Orders Senior Clerk,Adm.
RESOLUTION NO. 2002/_518
Subject: Convey an easement to the Ironhouse Sanitary District.
Date: September 24, 2002
Page: 2
The Board hereby FINDS that this activity will not have a significant effect on the
environment under the County's Guidelines, and DETERMINES that the activity is not
subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section
15061 (b)(3) of the CEQA Guidelines, and DIRECTS the Director of Community
Development to file a Notice of Exemption with the County Clerk and DIRECTS the Chief
Engineer to arrange for payment of a $25 fee to Community Development for processing,
and a $25 fee to the County Clerk for filing the Notice of Exemption. This activity has been
found to conform to the General Plan of the City of Oakley.
RESOLUTION NO. 2002/ 578
Recorded at the request of:
Contra Costa District
Return to:
Contra Costa District
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Carla Pcccianti
Assessor' s Parcel No.
GRANT OF ACCESS EASEMENT
THIS AGREEMENT is made and entered into this 22nd day of MAY, 2002, by and between
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California ("District") and IRONHOUSE
SANITARY DISTRICT, a California special district ("Grantee").
WITNESSETH:
THAT the District, for a good and valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, hereby grants to the Grantee and its permitted successors and assigns a
perpetual non-exclusive access easement and rights-of-way described herein for the purpose of
ingress and egress to Grantee's Lift Station Facility in Subdivision 7689 ("Facility"), through
the Marsh Creek Channel Service Road ("Road") located on the east side of APN#033-034-030
at Marsh Creek Channel and extends from Honey Lane, to seven hundred feet (700') northeast
of Hamilton Court, in the City of Oakley, California as more particularly described in Exhibits
"A" and `B," attached hereto and made a part hereof, in the location shown in the Plans and
Specifications described herein. The real property described in Exhibits "A" and `B" shall
hereinafter together be referred to as the "Property."
WITH respect to the exercise of the rights herein granted,the parties hereto agree as follows:
I. SURFACE ACCESS EASEMENT: The District grants to the grantee a non-exclusive
"Surface Access Easement" providing the Grantee the right to use the ground surface of
the real property described in Exhibit "A" and shown on Exhibit 'S" for all purposes
necessary and ancillary to constructing, replacing, and maintaining the Road, and access
for Grantee's personnel vehicles, and equipment to Grantee's Lift Station Facility located
in Subdivision 7689. The grantee's use of the "Surface Access Easement" shall be
subject to the limitations of this grant of Easement.
2. DISTRICT'S TITLE: NUN-EXCLUSIVE USE: This Grant of Easement is for
Grantee's non-exclusive use of the Property. The Property lies within the boundaries of
land more commonly known as the Marsh Creek Flood Control Channel ("Channel").
Said land is owned in fee title by District. Grantee hereby acknowledges District's title to
the Property and agrees never to assail or resist said title.
Page I of 6
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. It shall be Grantee's
sole responsibility, obligation, and liability to determine if any other facilities have been
so located within or near the Property boundaries. 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 District 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.
3. MAINTENANCE OF THE SERVICE ROAD:-As an additional consideration for the
grant of this access easement, the Grantee shall be responsible for the maintenance and
replacement of the asphalt pavement installed at the Road. The limits of the paving
installed at the Road area to be maintained by the Grantee are shown and described in
Exhibits"X'
'and 'S".
The Grantee shall also be responsible for maintaining and ensuring that the ditch that
collects storm runoff from the paved road is draining properly into Marsh Creek.
The cost of the maintenance and replacement of the asphalt pavement and the landside
ditch shall be the sole responsibility of the Grantee.
4. MODIFICATION, REPLACEMENT, RELOCATION .AND REMOVAL OF
SERVICE ROAD PAVEMENT. District at it's sole discretion reserves the right to
require Grantee to modify, replace, relocate or remove the pavement from the Road at
Grantee's sole expense. In the event that Grantee fails to commence the required work
within thirty days after being directed to do so by District, or such reasonable extension
as .District may agree to in writing, or fails to complete the required work within a time
specified by District, District may perform or complete the work at the expense of
Grantee, which expense Grantee agrees to pay to District promptly upon demand,
including but not limited to engineering costs and any legal expenses incurred to collect
such costs. If Grantee's facilities are removed from the Property, Grantee shall promptly
quitclaim to District its interest in the vacated Property. District shall attempt to avoid
the necessity of such relocation or removable
5. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement is for conveyance of storm water and flood protection. 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 District, its
successors and assigns. Grantee shall not, at any time, use or permit the public to use the
Property in any manner that will interfere with or impair the District's primary use of the
Property.
b. GRANTEE'S USE: PERMITS BY DISTRICT: Grantee's use of the Property, and
appurtenances thereto, is non-exclusive and shall be limited to access and for,
Page 2 of 6
construction, reconstruction, removal, replacement and repair of the Read described
herein, and for no other purpose without District's prior written consent.
Grantee shall not store any material or parr equipment or vehicles within the easement
area.
Grantee shall, prior to any construction, reconstruction, replacement, removal or
relocation of the pavement of the Road, or storage of material or parking of equipment
and vehicles within the Road, obtain written approval from the District. Such written
approval, together with any additional requirements, shall be in the form of both this
Agreement and an Encroachment Permit issued by Contra Costa County Application and
Permit Center.
Normal maintenance by Grantee of the Road shall not require prior notice to the District.
Grantee shall perform maintenance of the pavement and ditches so as prevent damage to
the Property and to ensure the safety of the other users of the Property. Grantee shall also
obtain an Encroachment Permit from District for any entry onto the Road for anything
other than ingress and egress. Such Encroachment Permit shall not be unreasonably
withheld. Grantee shall comply with all the requirements of the Encroachment authorize.
T DAMAGE TO DISTRICT PROPERTY: Any and all District property, facilities,
landscaping, or other improvements, removed or damaged as a result of the use of, or
access to, the Property by Grantee, or any other person or entity acting under Grantee's
direction or control, shall, at District's sole discretion and direction, be repaired or
replaced by District, with all costs and expenses incurred by District to be immediately
paid by Grantee (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses), or, in the alternative, and only with District's prior
written consent, said Property, facilities, landscaping, or other improvements so damaged
or removed, shall be repaired or replaced by Grantee, at the sole cost and expense of
Grantee, to a condition that is equivalent to or better than their condition existing just
prior to its damage or removal. In the event that Grantee fails to commence the required
work within thirty (30) days after being directed to do so by District, or such reasonable
extension as District may agree to in writing, or fails to complete the required work
within a reasonable time thereafter, District may perform or complete the work at the
expense of Grantee, which expense Grantee agrees to pay to District promptly upon
demand, including but not limited to engineering costs and any legal expenses incurred to
collect such costs.
8. DAMAGE TO PAVEMENT MAINTENANTED BY THE GRANTEE: District shall
have no responsibility for the protection, maintenance, damage to, or removal of the
pavement of the Road caused by or resulting from District's use of the Property or work
or operation thereon. The Grantee acknowledges that it is aware that the District, it
assigns, permittees, contractors and representatives may use heavy equipment and
vehicles to perform its work within the Property and the pavement of the Read was not
designed to handle the repeated use of heavy equipment and vehicles. The Grantee
agrees to be responsible for the repair or the restoration of the pavement in good
condition for any damage caused by the District, its assigns, representatives, permittees
and contractors. It shall be the sole responsibility of the Grantee to provide and maintain
adequate protection and for the pavement.
Page 3 of 6
9. INDEMNIFICATION,AS-IS CONDITION OF PROPERTY:
a) In the exercise of all rights under this Grant of 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 Road and 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 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 the
easements described herein, Grantee's operations, acts or omissions pursuant to
this Grant of Easement, or the Grantee's use of the easements, 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 in an "as is" physical condition, with no warranty,
guarantee, representation or liability, express or implied on the part of the District
as to any matter, including, but not limited to the physical condition of the
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
cost 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 District. Grantee agrees that neither Grantee, its heirs, successors or
assigns 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 this Grant of 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 Grant of Easement. As used herein, "hazardous substance" means any
substance, material or waste which is or may become designated, classified or
Page 4 of 6
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 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
old 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 easements), of any kind or nature, to the
extent caused or contributed to by Grantee's operation or performance under this
Grant of 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 constriction, 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 Grant of Easement.
10. NO WARRANTIES: 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.
11. ABANDONMENT: In the event Grantee shall cease to use the easements herein
continuously for a period of one year, or in the event Grantee fails to use the easements
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 District or its
successors. Upon any such termination of Grantee's rights, Grantee shall, upon request
by District, and at grantee's sole cost and expense, remove all of its facilities from the
Property and restore said Property to its original condition. Upon the failure of Grantee
to do so, District may perform this work 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.
12. No. ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred,apportioned or assigned without the prior written consent of District.
13. N4 SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of District's
adjacent lands lying outside of the aforesaid strip of land above described.
Page 5 of 6
14. 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.
15. CONSTRUCTION: 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.
lb. 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 VaMREOF, this Grant of Easement is signed and executed this day of
-2002.
DISTRICT: GRANTEE:
CONTRA COSTA COUNTY FLOOD IRONIIOUSE SANITARY DISTRICT
CONTROL AND WATER CONSERVATION
DISTRICT
Cl� r, pard of Supervisors
Date September 24 , 2002 Date ,/. dy''
STATE OF CALIFORNIA)
DISTRICT OF CONTRA COSTA)
On September 24 __ 2002 before me, John
Sweeten, Clerk of the Board of Supervisors and
District Administrator, Contra Costa District,
personally appeared, 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 helshe/they executed the
same in his/her/their authorized capacity(ies), and
that by hislherttheir signature(s) on the instrument
the person(s), or the entity upon behalf of which
the person(s)acted,executed the instrument.
By:
e�puty Clerk
Page 6 of 6
Exhibit A
LEGAL DESCRIPTION
"Access Easement"
All that real property situate in the City of Oakley,County of Contra Costa., State of
Calif6mia, describedd as follows:
A portion of the Marsh Creek Contra Costa County Flood Control& Water Conservation
District, filed in Book 4655 of Official Records,at Page 466,Contra Costa County
Records,farther described as follows:
A strip of land, fifteen feet in width,the West line of,which is described as follows:
Beginning at a point on the West line of above said Flood Control property(4655 OR
466), said point also described as being distant northerly 40.74 feet along said line from
the northeast corner of Parcel "D"of Subdivision MS 62-75,filed October 25, 1977 in
Book 58 of Parcel Maps, at Page 46,Contra Costa County Records;along a curve
concave southwesterly and having a radius of 443.00 feet,a radial bearing to said
northeast corner,taken for the purpose of this description,bears North 51°02'31"East;
thence from said point of beginning along a curve concave southwesterly and having a
radius of 443.00 feet, a radial bearing to said curve bears North 45°4642":East,thence
along said curve through a central angle of 22°30'46"degrees,an arc distance of 174.07
feet to a point tangent with last said curve,a radial bearing to said point bears North
68°17'28"East;thence South 2104232"East,291.68 feet to a point which bears South
21042132"East, 142.45 feet from the most northerly corner of Lot 12 of that certain
Subdivision 7689, filed October 23,2000 in Book 425 Maps,at Page 42, Contra Costa
County Records.
Containing an area of 7,030 Sq. Ft. (4.16 acres).more or less.
Bearings and Distances shown hereon are based on Lot 12 of Subdivision 7689,filed
October 23, 2000.in Book 425 of Maps, at Page 42,Contra Costa County Records.
1AN0 s,
c, S N.
r.�
,0 CJS
NO. l..S 6925
99039 ACCESS EASE.Igt + 'd''P.9 t
W HONEY LANE P.C'B:-\ NORTH FAST
N45'46'42"E(R) c, CORNER CSE
PARCEL d
60' -
N51'02'31 NE.(R)�'t \
R/w HONEY LANE ,, \
J J\ ,-
SS
C�
FA RCEL D
58 PM 4 6
ND
NO. LS 6925
xP /'!o
CURVE TABLE .�
CURVE DELTA RADIUS LE'NGI n �.
C 1 17`14'57" 443.00' 133.37'
C2 05`15'49" 443.00' 40.70'
C3 22'30'46" 458.00' 179.96'
N68'17'26"'
`�--' 15.01'
BELLECCI & ASSOCIATES INC. DATE: DECEMBER 2000 SCALE. 1"=50'
FILE NO.: 99039 ISHEET 1 OF 1
CIVIL_ ENGINEERING-LANG PLANNING-LAND SURVEYING ` B
PH. (925) 585-4569 EXHIBIT 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520p