HomeMy WebLinkAboutMINUTES - 08052003 - C.11 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 5, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKENIA, GREENBERG, GLOVER. AND DESAULNIER
NOES: NODE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 20031481
Government Code § 25526.6
SUBJECT: ADOPT Resolution No. 2003/ 481 adopting the City of Walnut Creek
Mitigated Negative Declaration for the Parnell Court Subdivision (YO0096),
and conveying an easement to Pacific Gas & Electric Company.
San Ramon Transportation Corridor at Parnell Court.
Walnut Creek area. District Ill.
Project No. 7505-6F8355
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County Redevelopment Agency acquired certain real property in the
Walnut Creek area by Grant Deed on December 12, 1984, recorded in Book 12123 Page
961,for public transit and utility purposes. Pacific Gas& Electric Company has requested
an easement over a portion of said property described in Exhibit "A" attached hereto, for
the purpose of installing and maintaining an electric facility that supplies electric power to
Parnell Court. 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.
The Board ADOPTS the previously approved City of Walnut Creek Mitigated
Negative Declaration for the Parnell Court Subdivision (YO0096) for the purpose of real
property transactions, in compliance with the California Environmental Quality Act(CEQA).
This activity has been found to conform to the General Plan of the City of Walnut Creek,
and DIRECTS the Director of Community Development to file a Notice of Determination
with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of a
$25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community
Development for processing of the Notice of Determination.
CP:eh
G:\GrpData\RealProp\2003-FileslBOs&RES\6R27 PGE-SRTC.doc I hereby certify that this is a true and correct
Orig.Dept.: Public works(RIP) copy of an action taken and entered on the
Contact: Carla Peccianti(313-2222) minutes of the Board of Supervisors on the
cc: P.W.Accounting date shown.
P.W.Records
P.W. Environmental,T.Torres ATTESTED: AUGUST 05 2003
Grantee(via WP) JOHN SWEETEN,Clerk of the Board of
Recorder(via RIP) Supervisors and County Administrator
Community Development, K.Piona
By - Deputy
RESOLUTION NO. 2003/ 481
Recorded at the request of:
Pacific Gas & Electric Company
After recording return to:
Pacific Gas & Electric Company
1030 Detroit Avenue
Concord, CA 94518-2487
Attention: Perry Davis
Former Southern Pacific Right of Way
Parcel 14 APN 0172-100-038
"RANT OF EASEMENT
For goad and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY REDEVELOPMENT AGENCY, a political subdivision of the State of California,
hereinafter called AGENCY, hereby grants to Pacific Gas&Electric Company,a California
corporation, hereinafter called GRANTEE,a I 0-foot wide subsurface easement and right of
way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading,
maintaining, and operating underground electric conduit line to connect to the existing
PG&E box ("Electric Facility) and all necessary appurtenances thereto, and for no other
purposes whatsoever, along and in all of the hereinafter described parcel of land situated
in the City of Walnut Creek, County of Contra Costa, State of California, more particularly
described in Exhibit "A" and shown on plat map Exhibit "B," each of which Exhibits are
attached hereto and made a part hereof.
The foregoing grant is made subject to the following terms and conditions:
1. AGENCY owns fee title absolute to a strip of land of varying width that runs from
Monument Boulevard in the City of Concord to Walden Road in the City of Walnut
Creek, Contra Costa County. Said strip of land is more commonly known as the
San Ramon Transportation Corridor (the "SRTC"). The property subject to this
easement(hereinafter the"Property„)is located within the SRTC. Underground utility
facilities are already in place and it is anticipated that, in the future, a mass
transportation system and additional utility facilities will be constructed or installed
on the Property. GRANTEE acknowledges 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 AGENCY's primary use of
the Property by AGENCY, its successors and assigns. The GRANTEE shall not
obstruct the easement area. The GRANTEE shall not use or permit use of the
Property for any purpose other than those granted by this agreement.
2. GRANTEE hereby acknowledges AGENCY's title to the SRTC, including the
Property, and agrees never to assail or resist said title.
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3. GRANTEE shell, prior to any construction, installation, reconstruction, remodeling,
repair, removal or other work within the Property, submit specific plans and
specifications to AGENCY for review and approval. Such approval, together with
any additional requirements to be in the form of a written permit issued by the
AGENCY to GRANTEE. The terms of such permit shall not be inconsistent with this
grant of easement.
4. AGENCY reserves the right to require GRANTEE to modify its facilities, to relocate
said facilities within the easement area or to remove its facilities from the easement
area. If the easement conflicts with the primary use of the Property, if feasible
AGENCY will provide the GRANTEE with an alternate easement within the SRTC.
GRANTEE shall be responsible for all costs of relocating its facilities but shall not be
required to pay for the relocated easement area within the SRTC. In the event that
GRANTEE fails to commence the required work within thirty (30) days after being
directed to do so by AGENCY,or such reasonable time thereafter as AGENCY may
agree to in writing, or fails to complete the required work within a reasonable time
thereafter, AGENCY may perform or complete the work at the expense of
GRANTEE, which expense GRANTEE agrees to pay to AGENCY 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 current
easement area to a new easement area, GRANTEE shall promptly quitclaim to
AGENCY its interest in the vacated easement area.
5. a. Any and all AGENCY property facilities, landscaping or miscellaneous
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 AGENCY's discretion and direction, be repaired or replaced by
AGENCY, 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 its 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(30)days
after being directed to do so by AGENCY, or such reasonable extension as
AGENCY may agree to in writing, or fails to complete the required work within a
reasonable time thereafter, AGENCY may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to AGENCY
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
b. It is understood and agreed that AGENCY has leases, licenses and easements
and/or rights with others (hereinafter the "Co-users") for all or a portion of the
Property. Such arrangements provide an underground petroleum products pipeline
right-of-way, telecommunication conduit system and may also include other uses
such as underground natural gas, sewer,water,electric lines,overhead electric and
communication lines or similar uses. GRANTEE agrees to take all precautions
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required to avoid damage to the facilities of the Co-users. If GRANTEE damages
the facilities or improvements of any Co-user, GRANTEE shall repair or replace
such facilities at GRANTEE's sole cost and expense.
6. Prior to any construction, installation, remodeling, repair, removal or other work
within the Property, GRANTEE shall notify Co-users three (3) working days in
advance of such activity.
7. GRANTEE agrees that AGENCY shall not be held responsible or liable for
protecting in place,damage to,or removal of GRANTEE's facilities,appurtenances
or improvements, caused by or resulting from AGENCY'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.
8. The easement granted hereunder is non-exclusive. Nothing herein contained shall
be construed to prevent AGENCY from granting other easements over the Property
or using the Property for any and all purposes and the AGENCY expressly reserves
the right to grant to others the right to use the Property in any manner and for any
purpose. All rights granted to GRANTEE hereunder are subject to all existing and
future rights, rights of way, reservations,franchises, licenses,and easements in the
Property, regardless of who holds the same, including the AGENCY's right to use
the Property for any purpose. AGENCY shall have the right to require GRANTEE to
modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as
reasonably necessary to accommodate AGENCY's or any other user's right to
construct, replace, enlarge, repair, maintain and operate its facilities, in the same
manner as required by section 4 of this grant of easement, including the rights and
remedies contained therein.
9. a. In the exercise of all rights under this grant of easement, GRANTEE shall be
responsible for any and all injury to AGENCY, to the public, to Co-users, to
individuals and to property arising out of GRANTEE's use of the Property.
GRANTEE shall indemnify, defend, save, protect and hold harmless AGENCY, 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 granting of this easement,
GRANTEE's operations, acts or emissions pursuant to this grant of easement, or
the GRANTEE's use of the Property, save and except liabilities arising through the
sole negligence or sole willful misconduct of the AGENCY, its officers or employees.
b.GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
AGENCY from any and all actual or threatened claims, costs, actions or
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proceedings to attack, set aside, void, abrogate or annul this grant of easement or
any act or approval of AGENCY related thereto.
c. GRANTEE accepts the Property conveyed pursuant to this grant of easement in
an "as is" physical condition, with no warranty express or implied on the part of the
AGENCY as to any matter, including but not limited to the condition and/or possible
uses of the land or any improvements thereon, the condition of the soil or the
geology of the soil, the condition of the air, surface water or groundwater, the
presence of known and unknown faults,the presence of any hazardous 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. GRANTEE agrees that neither
GRANTEE, its heirs, successors or assign shall ever claim have or assert any right
or action against AGENCY 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 AGENCY
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 AGENCY 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 AGENCY harmless from and against any and all claims, demands,
liabilities, expenses (including without limitation attorneys fees and consultants
fees), penalties, damages,consequential damages and losses,and costs(including
but not limited to the costs of any required or necessary testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed by GRANTEE's operation or performance under this grant of easement,
or GRANTEE'S use, release or disposal of any hazardous substance, including all
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costs, claims, damages (including property and personal injury)directly 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 have
increased 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. GRANTEE understands and acknowledges that AGENCY 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 AGENCY.
11. In the event GRANTEE shall cease to use the easement hereby granted for a
continuous period of one year or in the event GRANTEE abandons any of its
facilities or fails to use the easement for the purpose for which it is granted, then all
rights of GRANTEE in and to said lands shall hereupon cease and terminate and
title thereto shall immediately revert to and vest in the AGENCY or its successors.
Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon
request by AGENCY, and at GRANTEE's sole cost and expense, remove all its
facilities from said lands and restore said Property to its original condition. Upon
failure of GRANTEE so to do, said work may be performed by AGENCY at
GRANTEE's expense,which expense GRANTEE agrees to pay to AGENCY upon
demand. GRANTEE shall execute any Quitclaim Deeds required by AGENCY in
this regard.
12. No rights granted hereunder shall be transferred or assigned without the prior
written consent of AGENCY.
13. Nothing herein contained shall be deemed to construe that access or other
secondary rights are conveyed by this document over any of AGENCY's adjacent
lands lying outside of the easement area described in Exhibit "A„
14. This grant of easement contains the entire agreement between the parties hereto
and shall not be modified in any manner except by an instrument in writing executed
by the parties or their respective successors in interest.
15. This grant of easement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. The parties to this grant of
easement and their counsel have read and reviewed this grant of easement and
agree that any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply to the interpretation of this grant of
easement.
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16. This indenture and all of the covenants herein contained shall inure to the benefit of
and be binding upon the heirs, successors and assigns of the respective parties
hereto.
17. If any term or provision of this grant of easement shall be held invalid or
unenforceable, the remainder of this grant of easement shall not be affected.
18. This grant of easement shall be governed by and construed in accordance with
California law. The venue of any litigation pertaining to this grant of easement shall
be Contra Costa County, California.
IN WITNESS WHEREOF,this Grant of Easement is signed and executed this day
of I-v+vC , 2003.
CONTRA COSTA COUNTY PACIFIC GAS & ELECTRIC
REDEVELOPMENT AGENCY COMPANY, a California
Corporation
Byu ; •.�=� � 49 B 9 V tJ.
Chair, Board of Supervisors Neal O. Rotlisberger
Supervisor
North Coast Land Services
Form Approved (12/96)
Silvana B. Marchesi, County Counsel _
PG&E CO. -- APP'I
By. r.
Deputy mlv` �E LAi\!0 �
DESC7 OPER.
LAW ENG'R.
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA)
on AUG. 5 20Ufore me, EMELDA L. SHARP
Deputy Clerk of the Board of Supervisors, Contra
Costa County, personally appeared
SUP. MARK DESAULN ER ,who is personally known
to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(les), 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:
D puty Clerk
G:\GrpData\RealProp\2003-Files\43-6\6-18-03 PG&E 2003 PJZ changes.doc
6
62-4202 Notary(General)Rev.6/94
STATE OF CALIFORNIA CAPACITY CLAMED BY SIGNER
SS.
COUNTY OF CONMI& CA,-IEM [;lndividuai(s)Slgnhg For o„esex/Themsetves
On sju iV l ZW 3 before me,the undersigned,a Notary Public for said State,personally t]CoTorate OeRcegs)of the Above Named corporation(s)
appeared
( i Guardianof the Above Named individuaks)
personally known to me-OR-( #proved to me on the basis of satisfactory evidence to be the person whose I]Parmer(s)of the Move Named Partnership(s)
nine(/is/0 subscribed to the within instrument and acknowledged to me that hel/e/tlo(y executed the same in
his/h ff/tl/r authorized capacity(i)/s),and that by his/)�A/t it signature/on the instrument the person,or {j Attomey{s}tn-Fact of the Above Named Principal(s)
the entity upon behalf of Fvhich the perso:t(y;�acted,executed the in
// j OHN A. C.A RDARELIJ I]Trustee(s)of the Above Named Trust(s)
WT INT ESS my hard and official seal. Commission—" 1269,97
No-ary P>u!---Callfornla t]Other
Contra Costa County
My Comm,
Jul Z20x)4
attire
R E C E Y E D
JUL 14 23003
BY PUBLIC WORKS DEPT.
REAL PROPERTY DIVISION
EXHIBIT A
A PORTION OF SAN RAMON TRANSPORTATION CORRIDOR, CONTRA COSTA
COUNTY REDEVELOPMENT AGENCY, RECORDED,DECEMBER 28, 1984 IN VOLUME
12123 OF OFFICIAL RECORDS AT PAGE 961, SERIES NUMBER 84-187690 IN THE
OFFICE OF THE CONTRA COSTA COUNTY RECORDER, STATE OF CALIFORNIA,
ALSO SHOWN ON RECORD OF SURVEY 113 LSM 46, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHEAST CORNER OF SLT13DIVISION 8338, AS
FILED NOVEMBER 41, 2002, IN THE OFFICE OF THE CONTRA COSTA COUNTY
RECORDER, STATE OF CALIFORNIA, IN BOOK 449 OF MAPS, AT PAGE 22, SAID
POINT ALSO BEING ON THE WESTERLY LINE OF THE 100 FOOT WIDE SAN RAMON
TRANSPORTATION CORRIDOR (12123 OR 961); THENCE ALONG SAID WESTERLY
LINE OF SAID SAN RAMON TRANSPORTATION CORRIDOR (12123 OR 96 1) NORTH
08044'15" EAST 16.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WESTERLY LINE OF SAID SAN RAMON
TRANSPORTAION CORRIDOR (12123 OR 961) NORTH 08-44'15" EAST 10.00 FEET;
THENCE LEAVING SAID WESTERLY LINE OF SAID SAN RAMON TRANSPORTAION
CORRIDOR (12123 OR 961) SOUTH 81015'45" EAST 10.00 FEET; THENCE SOUTH
08044'15" WEST 10.00 FEET; THENCE NORTH 81'15'45" WEST 10.00 FEET TO THE
POINT OF BEGINNING
CONTAINING AN AREA OF 100 SQUARE FEET OF LAND, MORE OR LESS. EXHIBIT B
ATTACHED AND BY REFERENCE MADE A PART HEREOF.
PREPARED UNDER THE DIRECTION OF:
�2/
DAVID W. ENKE, L.S. 4071
EXPIRES 6/30/04
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