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HomeMy WebLinkAboutMINUTES - 07222008 - C.2 1 TO: BOARD OF SUPERVISORS Contra •;�,�- �,, � -��. I. FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR _ Costa � r9,� ca DATE: Jilly 22, 2008 --- 0I `A~1 Count y q C SUBJECT: Joint Exercise of Power Agreement with the County of Contra Cos{a, Contra Costa County Redevelopment Agency, and Central Contra Costa Sanitary District, Pleasant Hill Bart Are i:; (Redevelopment Funds) (District IV) Project No. 0662-6R4078 . SPECIFIC REQUFST'(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the AUTHORIZE the Chair,Board of Supervisors,or designee,to execute the Joint Exercise of Power Aareement with the County of Contra Costa, Contra Costa County Redevelopment Agency, and Central Contra Costa Sanitary District for the Iron Horse Trail Pedestrian Overcrossing Project, Pleasant Hill Bart Area. FISCAL IMPACT: There is no impact to the General Fund. Contra Costa County Redevelopment Agency funds and Central Contra Costa Sanitary District fiends will pay for the costs to implement the items described in this Joint Exercise of Power Agreement. CONTINUED ON ATTACHMENT: SIGNATURE: Gam/RECOMMENDATION or COUN'Cl'ADMINISTRATOR RECOMMENDATION OF BOARD CnNiM r .E APPROVE' QHIER S1GNATURE(s): A ACTION OF BOARD ON aG APPROVE AS RI;COMMI;NI OTHER VOTE 01;SUPERVISORS: I HEREBY CERTIFY TI IAT TI IIS IS A TRUE AND CORRECT COPY. OF AN ACTION TAKEN AND ENTERED ON V UNANIMOUS(ABSENT / ). MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NO S: DA'Z'E S.IIOWN. ABSENT: ABSTAIN: JC:kp n G:\Design\BOARD ORDERS\2008\130(2008-07-22)JEPA.doc Origin.nor Public Works(Design) J( CC ..EN,CLERK 017'THI:130A RD OF Contact: Jason Chen(313-2299) 'ERV 'ORS cc: Public Works—Design Counh Administrator Auditor-Controller Public Works Finance BY: DEPUTY SUBJECT: Joint Exercise of Power Agreement with the County of Contra Costa, Contra Costa County Redevelopment Agency, and-Central Contra Costa Sanitary District, Pleasant Hill Bart Area. (Redevelopment Funds) (District IV) Project No. 0662-6R4078 DATE: July 22, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The location of the Iron Horse Trail Pedestrian Overcrossing conflicts with the Central Contra Costa Sanitary District's (District) existing facilities and easement. In order to construct the Iron Horse Trail Pedestrian Overcrossing Project, an existing District sewer line needs to be protected and District easement issues need to be resolved. The purpose of this agreement is to provide for the apportionment of duties and costs between Contra Costa County, the Redevelopment Agency, and the District to construct protection measure work to the District's existing sewer line and to-resolve the District easement issues. Execution of this Joint Exercise of Power Agreement will allow the design and construction of this project to proceed. CONSEQUENCES OF NEGATIVE ACTION: If the agreement is not approved,the implementation of the project may be halted,as the pedestrian bridge cannot be constructed in its current proposed location without protecting District's existing sewer line and resolving District easement issues. ti - F ' V ' JOINT EXERCISE OF POWERS AGREEMENT Project Number: 0662-6R4078 1. Parties: Effective on July 22, 2008, the CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a public body corporate and politic, hereinafter referred to. as the 'AGENCY," the CENTRAL. CONTRA COSTA SANITARY DISTRICT, a public body corporate and politic, hereinafter referred to as the "DISTRICT," and the COUNTY OF CONTRA COSTA, a political subdivision of the . State of California, hereinafter referred to as the "COUNTY,"' pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The AGENCY intends to construct a pedestrian bridge over Treat .Boulevard (the "PROJECT"), within the Iron Horse Corridor (IHC). A. Protection Measure Work: A portion of the pedestrian bridge will be located directly over a segment of DISTRICT's existing 30-inch sanitary sewer pipeline ("DISTRICT'S SEWER LINE") in the Del Hombre Lane COUNTY road right of way area. The segment of the DISTRICT'S SEWER LINE that will be under the pedestrian bridge is from bridge station ("IHT" Line) 9+80 to 11+80 (see Exhibit A-1). DISTRICT requires that DISTRICT'S SEWER LINE be protected to accommodate the PROJECT. The DISTRICT's facilities at this location has senior rights and thus is not obligated to pay to protect their sewer line. The protective measures include constructing a concrete cap over the DISTRICT'S SEWER LINE and constructing a passive high flow diversion from DISTRICT'S SEWER LINE to an existing 60-inch parallel sewer line at bridge station ("IHT" line) 8+77.88 (see Exhibit A-1), hereinafter referred to as "PROTECTION MEASURE WORK." The AGENCY will fund the PROTECTION MEASURE WORK from revenues budgeted for the PROJECT. The DISTRICT will accept the location of the bridge and allow this permanent structure to remain in perpetuity. B. District Easement Issues:. 1) The DISTRICT has existing easements in the IHC (former Southern Pacifica Railroad right of way) granted by the AGENCY (see Exhibit B-1). A portion of the PROJECT will be located within the DISTRICT's existing easement on IHC parcels 13 and 14, recorded .on May 30, 1986 in Book 12911 of Official Records at Page 849 (see Exhibit B-2 and B-3). In 1999, the AGENCY granted portions of IHC parcel 13 to the COUNTY (Contra Costa County Recorder Office . Document #1999-0254190-00) (See Page 1 of 11 Exhibit B-4). The DISTRICT accepts the PROJECT resulting in a permanent structure encroachment into said DISTRICT's easement. The DISTRICT allows this encroachment to remain in perpetuity. The DISTRICT further allows the AGENCY and COUNTY, or their designee, the rights to construct, maintain,and access the PROJECT for public use. 2) AGENCY and COUNTY acknowledge that PROJECT will affect DISTRICT's future plans to install a 66-inch sewer line as originally proposed. AGENCY and COUNTY will provide a new easement area to the DISTRICT to allow the construction of the future 66-inch sewer line avoiding PROJECT within the IHC, parcels 13 and 14. The new easement area will be 12 feet wide and the approximate boundaries are shown in Exhibit B-5. Since the AGENCY and COUNTY own different parts of this 12 feet wide new easement area, this 12 feet wide new easement area will consist of a combination of new easement areas to be granted from the AGENCY and COUNTY to the DISTRICT as shown in Exhibit B=6. The DISTRICT will accept the new easement area with the understanding that easement rights have been or will be granted to the Contra Costa Water District to place a water line within the same area and a portion of the Contra Costa Water District's easement will overlap with this new DISTRICT easement area (see Exhibit B-5). 3) In exchange for the new easement area discussed in Section 2.B.2)., the DISTRICT will quitclaim a portion of existing easement that is no longer required by DISTRICT. The DISTRICT will quitclaim said portion of existing easement concurrent with acceptance of the new easement area described in Section 2.13.2). The area to be quitclaimed is shown in Exhibit B-5. 4) The DISTRICT acknowledges that portions of the PROJECT will be within the DISTRICT new easement area described in Section 2.13.2). The portions of the PROJECT within the new easement area are made up of bridge components that are suspended above ground (see Exhibit B-5). The DISTRICT accepts the PROJECT resulting in a permanent structure encroaching into. District's new easement area. The DISTRICT allows this encroachment to remain in perpetuity: The DISTRICT further allows the AGENCY and COUNTY, or their designee, the rights to construct, maintain, and access the PROJECT for public use. 3. Responsibilities of AGENCY and DISTRICT: A. PROTECTION MEASURE WORK: 1) The AGENCY shall be responsible for or enter into contractual arrangement with COUNTY to provide for the following activities: Page 2 of 11 a) Act as the lead agency for the PROTECTIVE MEASURE WORK. b) Prepare contract plans and specifications for the PROTECTION MEASURE WORK: c) Advertise the PROTECTION MEASURE WORK as part of the PROJECT for public bid and award a contract. d) Construct the PROTECTION MEASURE WORK prior to the completion of the PROJECT in the manner and at the time deemed appropriate by the AGENCY in its sole discretion. e). Construct the passive high flow diversion portion of the PROTECTION MEASURE WORK prior to constructing the concrete cap over the 30-inch sewer line. f) Obtain necessary approval for the work within Contra Costa County right of way in Del Hombre Lane. g) Perform construction engineering, surveys, material testing, contract administration and inspection of the PROTECTION MEASURE WORK. h) Approve and accept the PROJECT as complete after final approval of the PROTECTION MEASURE WORK by the DISTRICT. The AGENCY shall accept the PROTECTION MEASURE WORK after the DISTRICT, through its designated representative, has determined that the PROTECTION MEASURE WORK performed by the contractor has been completed in accordance with PROJECT plan and specifications. i) Act as lead agency for purpose of coordinating between AGENCY, COUNTY, and DISTRICT, including but not limited to, providing reasonable notice of activities impacting DISTRICT facilities and timing for joint inspections of the PROTECTION MEASURE WORK. 2) The DISTRICT shall be responsible for the following activities: a) Review and approve the portion of the PROJECT plans and specifications involving the PROTECTION MEASURE WORK promptly upon . receipt from AGENCY at no cost to the V AGENCY. DISTRICT shall have fourteen (14) calendar days following receipt . thereof to either approve plans and specifications or, if necessary, to request the AGENCY to adjust the documents to accommodate DISTRICT's comments. If DISTRICT fails to either. approve or request changes to documents within said fourteen (14) day period, the PROTECTION MEASURE WORK included in the PROJECT documents will be deemed approved by the DISTRICT. AGENCY's accommodation of .DISTRICT's comments shall not be unreasonably withheld. Page 3 of 11 r b) Review shop drawings and respond to requests for information (RFI) related to the PROTECTION MEASURE WORK in a timely manner. c) Provide at no , cost to AGENCY, a designated representative(s) whose duties will include, but not be limited to, field inspections and accepting the PROTECTION MEASURE WORK as complete and otherwise participate with the AGENCY in constructing the PROTECTION MEASURE WORK. The DISTRICT's representative(s) shall direct all comments and recommendations regarding the PROTECTION MEASURE WORK to the AGENCY's construction manager, not to the contractor. d) Allow the AGENCY to construct the PROJECT including the PROTECTION MEASURE WORK using AGENCY staff, consultants, and contractors to work within DISTRICT's easements. e) Allow the AGENCY to perform, using AGENCY's. staff, consultants, and contractors, work .on its 30-inch and 60- inch sewer pipes to construct the PROTECTION MEASURE WORK. f) Perform joint continuous inspections during the construction and a joint final inspection at the completion of the PROTECTION MEASURE WORK. g) Coordinate with AGENCY so as to not unreasonably delay field inspections or acceptance of the, PROTECTION MEASURE WORK. B. District Easement Issues: 1) The AGENCY and COUNTY shall perform the following activities: a) Upon receiving and approving the proposed legal plats and descriptions for the future 66-inch sewer line, the AGENCY and COUNTY respectively :will grant amendments to the existing easement and a new easement to the DISTRICT which together will.comprise the new easement area. b) The AGENCY and. COUNTY will review and approve the proposed legal plats and descriptions for the existing easement area that the DISTRICT will quitclaim. 2) .The DISTRICT shall perform the following activities: a) The DISTRICT will prepare the legal plats and descriptions for the future 66-inch sewer line as described in Section 2.B.2). and provide to AGENCY and COUNTY. b) The DISTRICT will provide to the AGENCY and COUNTY the proposed legal plats and descriptions for the existing easement area that the DISTRICT plans to quitclaim described in Section 2.13.3). Page 4 of I 1 c). Upon approval of legal plats and descriptions by AGENCY and COUNTY, DISTRICT shall quitclaim easement area as described in Section 2.B.3). 3) The new easement areas in Parcel 13 and 14 shall contain the same language as the original Grant of easement (Exhibit B-1) except for' the new legal description for the District's new easement areas in Parcels 13 and 14. 4. Financial Responsibility: A. PROTECTION MEASURE WORK: 1) AGENCY shall fund from budgeted revenue all costs it incurs associated with the design and construction of the PROTECTION MEASURE WORK. The cost shall include, but not be limited to, the amount of the construction contract awarded by AGENCY for the PROTECTION MEASURE WORK, design, right of way administration, and construction engineering, excepting the costs of the DISTRICT as incurred for its responsibilities noted in section 3.A.2).c) and 4.A.2). AGENCY shall fund any contract change orders related to the PROTECTION MEASURE WORK and resulting additional costs for design administration, preparation of contract change order documents, contract administration, construction engineering, inspection, overhead, and other incidental costs. AGENCY will have no financial responsibility for the PROTECTION MEASURE WORK after the DISTRICT accepts the PROJECT as complete. 2) DISTRICT shall at District's expense promptly review and approve the portion of the PROJECT plans and specifications, review shop drawings, and respond to any requests for information (RFIs) involving the PROTECTION MEASURE WORK at DISTRICT expense. DISTRICT shall provide a representative(s) to perform joint continuous inspections during the construction and a joint final inspection at the completion of the PROTECTION MEASURE WORK. Following acceptance of the PROTECTION MEASURE WORK as described in this Agreement, DISTRICT shall assume all costs associated with the ongoing maintenance and use of the PROTECTION MEASURE WORK. B. District Easement Issues:. Each party will be responsible for its own costs of preparing, reviewing, and executing the necessary right of way documentation to complete easement issues as described in this Agreement. 5. Deposit and Adjustment: No funds will.be exchanged between the parties. Page 5.0f 11 6. Insurance and Hold Harmless: A. The contract documents for the PRO3ECT shall include provision requiring. the PR03ECT's contractor to: 1) Secure and maintain in full force and effect during construction of the PR03ECT worker's compensation, public liability, and property damage insurance in forms and limits of liability satisfactory to AGENCY, naming DISTRICT and COUNTY, their officers, agents, and employees as additional insureds, 2) Provide to DISTRICT and AGENCY a warranty against defects in material and workmanship for the PROTECTION MEASURE WORK for a period of 1 year from the date of acceptance of PROJECT, and 3) Promise to hold 'harmless and indemnify DISTRICT and COUNTY from liability to the same extent as promised to AGENCY. B. The contract documents for the PR03ECT, 'which includes the . PROTECTION MEASURE WORK, shall include provision requiring the. contractor to provide insurance and indemnification naming the DISTRICT and COUNTY, and its officers and employees to the same extent as provided to the AGENCY. C. Neither the AGENCY, nor any officer or employee thereof, shall be responsible for any damage,or liability occurring because of anything done or omitted to be done by the DISTRICT or COUNTY in connection with any work delegated to the DISTRICT or COUNTY under this Agreement, and, to the extent not covered by the above described insurance or indemnification, the DISTRICT and COUNTY shall defend, indemnify, save, and hold harmless the AGENCY, and its officers and employees against the same except as provided otherwise in Section 7(B). D. Neither the DISTRICT, nor any officer or employee thereof, shall be responsible for any damage or liability occurring because of anything done or omitted to be done by the AGENCY or COUNTY in connection with any work delegated to the AGENCY or COUNTY under this Agreement, and, to the extent not covered by the above described insurance or indemnification, the AGENCY and COUNTY shall defend, indemnify, save, and hold harmless the DISTRICT, and its officers and employees against the same except as provided otherwise in Section 7(B). E. Neither the COUNTY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring because of-anything done or omitted to be done by the AGENCY or DISTRICT in connection with any work delegated to the AGENCY or DISTRICT under this Agreement, and, Page 6 of 11 r. i r to the extent not covered by the above . described insurance or indemnification, the AGENCY and DISTRICT shall defend, indemnify, save, and hold harmless the COUNTY, and its officers and employees against the same except as provided otherwise in Section 7(B). F. The DISTRICT acknowledges that entry into the construction area carries a certain risk and agrees to release the AGENCY and COUNTY, and its officers and employees from any liability for death of, or injury to, the DISTRICT's representative(s) while present in the ' construction area, except to. the extent such liability results from the active negligence or active willful misconduct of the AGENCY and COUNTY. G. Nothing in this Agreement is intended to affect the legal liability of any parry hereto to third parties by imposing any standard of care different from that normally imposed by law. 7. Acceptance and Maintenance: A. Upon completion of the PROTECTION MEASURE WORK, as determined by the AGENCY in its sole discretion, the AGENCY and DISTRICT shall conduct the final inspection. After the DISTRICT, through its designated representative, has determined that the PROTECTION MEASURE WORK performed by the contractor has been completed to in accordance with PROJECT plans and specifications, DISTRICT shall accept the PROTECTION MEASURE WORK as complete. DISTRICT shall not unreasonably withhold or delay its determination of the PROTECTION MEASURE WORK as satisfactory. If the DISTRICT does not approve or disapprove the PROTECTION MEASURE WORK within twenty-five (25) working days after the joint final inspection, the PROTECTION MEASURE WORK will be deemed approved and accepted by the DISTRICT. B. Upon acceptance of the PROJECT, the DISTRICT shall own and assume total responsibility for maintenance of the PROTECTION MEASURE WORK, relieving the contractor for AGENCY's PROJECT from maintenance of the PROTECTION MEASURE WORK, and, notwithstanding the provisions of Section 6(b) and 6(c) shall defend, indemnify, save, and hold harmless the AGENCY, and its officers and employees against all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness, or . death occurring after acceptance and relating to the design, construction, use, operation, or maintenance of the PROTECTION MEASURE WORK. The assumption of responsibility shall not modify or release PROJECT contractor from its warranty responsibility .set forth in 6.A.2) above .or latent or patent construction related defects. Page 7 of 11 , 8. Agreement Modification: This Agreement shall be subject to modification only .with the written consent of all parties. No party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this Agreement is drafted. 9. Restriction:' Pursuant to Government Code Section 6509, the powers of the parties under this Agreement shall be subject to the restrictions on such powers applicable to the AGENCY and COUNTY. 10.Disposition of Property Except as otherwise expressly provided, any property acquired as a result of this Agreement shall be distributed to the AGENCY except to the extent that the property was acquired with funds contributed by the DISTRICT or COUNTY. 11.Alternative Dispute Resolution: A. Notwithstanding any other provisions of this Agreement, any disputes among or between the parties under this Agreement regarding whether the PROTECTION MEASURE WORK or District's easement issue are being carried out in' accordance with this Agreement and the approved final plans and specifications shall be resolved in the manner specified in this Section 13, provided, that this Section 13 shall not prevent the AGENCY, COUNTY, or DISTRICT from taking action permitted under this.Agreement in the event of an emergency. B. If an issue which is subject to resolution under this Section 13 is in dispute among the parties, the disputing party shall promptly convene a telephonic or in-person meeting of the AGENCY, COUNTY, and DISTRICT to discuss the issue. C. If the issue can not be resolved .at the meeting provided for in subsection (B) or within ten (10) days thereafter, then the issue shall be referred to a meeting of the AGENCY, COUNTY, and DISTRICT indicated below. Prior to the meeting, the disputing party shall submit to the other parties a written statement setting forth the issues, explanation and support of the party's position including applicable references to document cited by this Agreement. In addition, if the issue involves cost or time impact that the party believes may be compensable from the other party or parties, the party also shall submit with the. statement a detailed cost estimate with supporting breakdown of costs and a scheduling analysis of the time impact. The documentation. shall be in sufficient detail to allow the other party to ascertain the basis and impact of said issue. That meeting shall. be held within twenty (20) days following the meeting provided for in subsection (B) and may be a telephonic or in-person meeting. D. If the issue cannot be resolved at the meeting provided for in subsection (C) or within ten (10) days thereafter, then the issue shall be referred to a meeting of the representative of AGENCY, COUNTY, and DISTRICT indicated below. That meeting shall be held within twenty (20) days Page 8of11 following the meeting provided for in subsection (C) and shall be an in- person meeting. The representative for the AGENCY shall be the Executive Director; the representative for the COUNTY shall be a Deputy Public Works Director; and the representative for the. DISTRICT shall be the General Manager. E. At each meeting held pursuant to subsection (B), (C), and (D), the parties agree to use good faith efforts to settle the issue in question. If the issue is resolved in one of those meetings, the representatives of the parties in attendance at the meeting shall execute a written agreement or memorandum that shall set forth in reasonable detail the resolution terms, the action or actions to be taken by each party as part of the resolution and the period 'in which such action or actions (if any) are to be completed. The executed agreement or memorandum.shall be binding on the parties to this.Agreement. F. If the issue or any part of the issue cannot be resolved at the meeting provided for in subsection (D) or within ten (10) days thereafter, then the remaining issue 'may be referred to nonbinding mediation by any of the parties. . The mediation shall proceed in accordance with rules promulgated by the mediator ("MEDIATOR"), chosen as described in subsection (G). The -AGENCY shall be represented by the Executive Director, or such higher level representative of its choosing. The COUNTY shall be represented' by the Public Work Director, or such higher level representative of its choosing. The District shall be represented by the General Manager or such higher level representative of its choosing. Lawyers may participate only if all parties agree. The entire process shall. be confidential and treated as a compromise negotiation for purposes for federal and state rules of evidence. The parties involved in the dispute shall pay for the cost of the MEDIATOR equally. G. Within 15 days of the dispute being referred to the mediation, the parties shall meet and.select a disinterested third party act as MEDIATOR. If the parties fail to agree, any party may request the -American Arbitration Association in San Francisco to appoint a MEDIATOR. The MEDIATOR shall be replaced within 15 days from receipt of written request by any party, using the procedure out above, provided, however, that any party may only replace the MEDIATOR once. H. If the parties are able to resolve their dispute through mediation, the representatives of the parties in attendance at the meeting shall execute a . written agreement or memorandum that shall set forth in reasonable detail the resolution terms, the action or actions to be taken .by a party as party of the resolution and the period in which such action or actions (if any) are'to be completed. The executed agreement or memorandum shall be binding on the parties to this Agreement. I. If an issue arises that is to be resolved pursuant to this Section 13 and the resolution of the issue may affect the course or schedule for future elements of the construction of the PROJECT or PROTECTION MEASURE Page 9 of 11 WORK, then the parties shall use good faith and diligent efforts to complete the various resolution steps set forth is this Section 13 in as short a period as possible so that the lack or resolution of the issue will not materially interfere with or extend the time of construction of the PROJECT or PROTECTION MEASURE WORK. J. It is the intention of this Section 13 that differences among the parties arising under and by virtue of this Agreement shall be brought to the attention of the respective parties at the earliest possible time in order that such matters may be settled without legal action. All parties agree to defer, in absence of special written agreement by all three parties, the commencement of any legal action against a party or parties on a dispute until the PROJECT or PROTECTIVE MEASURE WORK is . substantially completed. 12.Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the final acceptance of PROTECTION MEASURE WORK described in Section 7(A) above or the completion of all documents including the recordation of easement and quitclaim documents to satisfy Section 2(B), whichever is completed last. Notwithstanding termination of this Agreement, the provisions of Section 6(C), 6(D), 6(E), 6(F), 7(B) shall survive such termination. 13.Aareement Execution: This Agreement may be executed in one or more counterparts, each of which shall be an original-and all of which taken together shall constitute one instrument. 14.Entire Agreement: This Agreement contains the entire understanding of. the parties relating to the subject matter of this Agreement. Any representation of promise of the parties relating to the work shall not be enforceable unless it is contained in this Agreement or in a subsequent written modification of this Agreement executed by both parties. CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT Date Date By By Federal Glover, Chair, Board of Supervisors Gerald R. Lucey, President, Board of Directors Page 10 of 11 ATTEST: John Cullen Clerk of the Board of Supervisors and County Administrator Date Date By Deputy Clerk By Elaine Boehme, Secretary of the District RECOMMENDED FOR APPROVAL: Julia R. Bueren Public Works Director Date By CONTRA COSTA COUNTY REDEVELOPMENT AGENCY Date By James Kennedy, Redevelopment Director FORM APPROVED: APPROVED AS TO FORM: Silvano B. Marchesi Kenton L. Alm County Coun el Counsel for the District Z Date 1/06 Date n r By By Deputy G:\Design\Correspondence\CURRENT PROJECTS\IHT Ped Bridge at Treat\CCCSD Agreement\JEPA(2008-07-22) Protective Measure with easement FINAL.doc Page 11 of 11 i I PROTECTION MEASURE WORK NOTES: z E X H I B I T A - 1 1.LOCATION OF UTILITIES FACILITIES SHOWN ON z Sheet 1 Of 3 RECORDSLANS AND FROM FFIIELDTHESE WERENED MEEASUREMEENTFROM S; LOCATIONS ARE APPROXIMATE ONLY. a t- - 2.13RIDGE ELEVATION SHOWN FOR REFERENCE ONLY. __________-___ _-_ _______ 3.CONTRACTOR SHALL COMPLETE CONSTRUCTION OF------------- --- -------------- SANITARYNDARD NK 30" RCP PRIOR TOAREMOVVINGUTHEMTOPOOFS AND L, EXISTING 60" AND 30" SANITARY SEWERS. w N w z _ BRIDGE ELEVATION Scale: 1"=20" Datum Elev = 40.0' a IHT'" LINE - 8+00 - 9+00 10+00 11+00 12+00 13+00 I ' I i , - STANDARD TRUNK MH � `\ -- IHT' +77.88 21.42 LT 25 26 _ _ - i -- -- - - Jr - - - , „ i ...:.. - - 1 b 3o RCP 1 •; - i-' i I -r ' ,I. -a •� N 11' ._ Fedge .._._._-�. - '! --------------------- (� Z i=-- Future 6fi" SS 4 ft from edge of bridge .-.--�-- a i " 24 H -- - -- --- ---------- 1 i J o 24 - ---- ---- ----- ---- -...---- -- - - - 24- -------- - _... - ---- ---- - - -- --- - --—- -- -- -- - I MOD SWR SiAp ARD TRUNK MH .CASE III 25 26 =' .. — �--(.D —_.. - �� _.. Lin --- > - r -- `---- --- -`-- --- PAVEMENT- g ---_ - ---- ..-.. - Existin 60Sewer e � �'� -. F' LIN l" 24 x 74- a j Xsting Sewer Line - -z- -,_ - _-� _ tj zz __:__�_ 1 }'; R/W - - - - - - - - - - - - - 1 EXIST 30" SWR TO BE P CONCRETE CAPPED 26 R/W- Z7� R' i 1 b SWR STANDARD TRUNK MH M 0 LIHT209+80 TO "IHT" 11+ 0 I I IH7 +77.88 15.79 RT 25 26 LL :. I c. - LEGEND DEL HOMBRE ROAD R/W PLAN Scale: 1"=20' THIS PLAN ACCURATE FOR UTILITIES ONLY. ALL DIMENSIONS IN FEET UNLESS OTHERWISE SHOWN REVISED '90% SUBMITTAL - NOT FOR CONSTRUCTION REVISIONS DIM 1.BorondarOn �{Eisgyl e y�T yT FOR REDUCED PLANS NO. D6.9CRIf710N BY DATE DRAMN,B.Mason �� �� CONTRA COSTA COUNTY L/J�11lL�VI P ORIGINAL SCALE 1s IN INCHES IRON HORSE TRAIL PEDESTRIAN CN[D, s' a PROJECT ENGINEER PUBLIC WORKS DEPARTMENT 0 I i 1 i I 3 OVERCROSSING DATE _ 255 GLACIER DRIVE 901 MARKET STREET, SUITE 260 BAs6 MAP ewsr cooaG NORTx cooaD UTILITY PLAN No. 2 w SCALD ✓} py` PLANE APPROVAL DATE SAN FRANCISCO, CA. 94103 PILE NO. SREBT OP 'a a �,, MARTINEZ,CALIFORNIA 9 553 I4Is1 957-9445, FAx I4ISI 95T•9o96 21 86 PLG BE. CADD PILE-t:ILESf pBN TBL rPEN�EISf I NOTE: CAST IRON FRAME GENERAL NOTES FOR ADJUSTMENT TO �d COVER (SEE SEC. GRADE. SEE SEC. 28-13 28-11 OR 15) TOP PROTECTION M E A S U R E WORK 1- LAY PIPE THRU MH WHEN POSSIBLE OR AND 28-19. ROUND BLOCK SQUARE BLOCK ELEVATION TO BE FORM CHANNEL TO MAINTAIN PIPE SECTION. (4'-6" DIAMETER04'-6" SQUARE) DETERMINED IN E X H I B I T A - 1 TRUNK SEWER PIPES ENTERING OR LEAVING FIELD THE MH BASE SHALL HAVE A STANDARD CONCRETE BLOCK FORM INSIDE OF JOINT LOCATED WITHIN 24" OF THE BASE. PARALLEL TO OR AT BLOCK TO RECEIVE Sheet 2 of 3 2. ALL STEEL SHALL BE 3" CLEAR. RIGHT ANGLES TO FRAME AND EDGE OF PAVEMENT. ALL SIDES OF BASE FORM 3'" VERTICAL COVER WITH 1/4"' BLOCK & KEY FOR CLEARANCE. - - - - - - - + BARREL SECTION 3. SOUARE BLOCK SHALL BE USED IN EASEMENTS. EDGE AROUND TOP as a0 r I I I TO BE FORMED OF BLOCK. a a a a a a #4 CONTINUOUS E.F. ! I I 4. ROUND OR SQUARE BLOCK MAY BE USED IN #4 HOOP E.F. aaa aaa / I I % �4" MIN STREETS. #4 @ 2'-0" i (TYP. ) #4 @ 18"" 1 r+--.. - - - ,e< « - - - 1 BLOCK EASEMENT 1 0 1 1 2 ROAD SURFACE GROUND L L L - - - - - - --- - - - - - -L � J JOINT 2 " A.0 cu SURFACE 1 I I EACH E SLOPE SHELF TO ` ?cl — SURFACING 9-1/2' CHANNEL 2"/FT I I REQUIRED — — _ 1 POUR CONCRETE �a ! '.: CLASS A I 1 I 1 TO WITHIN 2" 1: - CONCRETE OPTIONAL I I OPTIONAL OF SURFACE ' I. tt CO E E 4 n SQUARE BASE 24 mat w ROUND BASE #4 HOOPS THROAT - C. pANPREDCAST O MT #4 AS SHOWN 44 L. 18" 1 1: H BARREL r WITHOUT I x i..).. . OVER ALL �= F.: I 2'-6" X 3"-0 I STEPS �a I. I. INLET/OUTLETPLACE REINFORCING �� OPENING #4 DIAGONALS SECTION — BASE BLOCK �~ T NEWBASEBARS AS SHOWN .. _ Z v W/ 1"I TAPER s No Scale J: 1 : w 4 ). A CLEAN JOINT AND U INSTALL PREFORMED � '::'•;. � of � 4 � A w ( PLASTIC SEALING 1 izi m 2 - tt4 @EACH SIDE M a .. y GASKET PRIOR E:.. (...:.:.: 1... #4 R CONE - j:.: ...:...:'...:.. - TO SETTING NEXT BARREL 0 3 � SECTION � I.D'MIN. N!, MORTARED SHELF UPPER SECTION 1:..1, : ..:...:.: 1 12 CHANNELS SHALL i.: �.. _ 900 ) INLET PIPE CONFORM TO ( ROTATED e 1 NOTES I I ALL STE L REINFORCING TOP OF PIPE = AR / E . . , �. I I I � SHALL BE tt4 WITH 2 CLE TYPICAL ABOVE REMOVED WITHIN i I I MINIMUM CONCRETE COVER SHELF CONNECTION MANHOLE THROAT I I NOTE: 1 r T - - - - - - - - - - - -�- 1 1 LOCATION OR AS MANHOLE FOR CONNECTION BELOW TYPICAL ABOVE 70 MANHOLES DIRECTED BY -I- - - - - - 1 ' SHELF SEE SEC. 28-01 SHELF CONNECTION 1 I I I - - -I I 1 ENGINEER I. I AHEDIRECTED BDJUSTED BASE SECTION TO MANHOLES L• -I- - - - - - - - - - - - �- �- J (SIDE SEWER OR MAIN) A A -BELL END ENGINEER 2'-6" X 3'-0" OF PIPE . MANHOLE CONE. TOP SAWCUT OR BLOCKOUT STANDARD 60" BASE SECTION A-A SAWCUT UPPER BLOCK d COVER ACCESS OPENING PRECAST BARRELS No Scale HALF OF PIPE FOR SEE SEC. 28-02 WITHOUT STEPS 30" DIA J ACCESS OPENING FORM RECESS WITH :, '__. '. RCP I APPROVED METAL" 3" MIN. BASE .PLAN D FORMING RING TO (TYP• ) RECEIVE PRECAST 30" DIA No Scale MANHOLE JOINT. ^t• . • 4. . RCP �O I.NSTALL PREFORMED PLASTIC SEALING TAPER / #4 - GASKET BEFORE 1/2" PER P � HOOP PLACING FIRST FOOT @ BARREL SECTION. COUPLI EXIST 30" SS M I BASE GRID ' Z #4 @12" 0� • :'• E.W. °oO 1D D 6'-10" • REINFORCED TYPICAL TRUNK 2 9" COARSE BEDDING CLASS A No Scale MATERIAL IF WATER BASE SECTION A—A BCONC ASERETE IS PRESENT No Scale STANDARD TRUNK MANHOLE STANDARD TRUNK MANHOLE FOR 18 " OR LARGER LINES UP TO 45 m FOR LINES LARGER THAN 4511/"N " No Scale Zg THIS PLAN ACCURATE FOR UTILITIES ONLY. ALL O(MENSIONS IN FEET UNLESS OTHERWISE SHOWN REVISED. 90% SUBMITTAL - NOT FOR CONSTRUCTION DEL I.Borandior On ISS ��j T 7l FOR REDUCED PLANS REVISIONS a ° U P ORIGINAL SCALE IS IN INCHES IRON HORSE TRAIL PEDESTRIAN N0. DESCRIPTION EY DATE DR WN, Mason ,+ �c _ CONTRA COSTA COUNTI' CRKD" PROJECT ENGINEER PUBLIC WORKS DEPARTMENT Sm o-0.m w.+ea+® 00 11 am ° i I I OVERCROSSING 255 GLACIER DRIVE 901 WARKET STREET. SUITE 260 $A88 HAP sAsr avoRD. NOATN COORD UTILITY DETAILS No. 1 SCALEPLAN$APPROVAL DATE SAN FRANCISCO. CA. 94107 PILE NO SHEET OP MARTINEZ,CALIFORNIA 941553 14151 957-9445. FAX (415) 957.9096 25 86 FM EC - CADD P[LE•tFIIE51 PEN TKL fPENiBLSf PROTECTION MEASURE WORK SCORE TOP EDGE OF FRAME RADIALLY IN LINE WITH TAPPED HOLES IN FRAME PRY HOLE E X H I B I T A - 1 NOTE: Sheet 3 of 3 90 7/16" NC X 1 1/4" BRASS HEX 90 HEAD CAP SCREWS WITH 13 GA. STAINLESS STEEL FLAT WASHERS• 1 1 TOP OF FRAME STANDARD 4RUNK 1 1/4"O.D.. 7/16" I.D. - 3 I I MANHOLE 2 REQUIRED PLACED AT 1/3 POINTS ❑ ❑ & COVER I I I I I I I ❑ ❑ * ❑ ❑ I I I I I I I 4' A ❑ ❑ ❑ ❑ ❑ A III IIq iSTANDARIDO TRUNK MANHOLE-[ — — — _ _ _'_ 85 ❑ ❑ ❑ ❑ ❑ 0 85 I I I I❑ ❑❑ I I I 1 ' F I BER, OPT I SEE SEC. 28-15 FOR I I I I RI I I UNDERSIDE / \ LETTERING REQUIREMENTS I I I I I EXNIST NG RAISIE 8 OF COVERFL I I I I I PLACE IF IBERBOARD BETWE N EXIST y_ 79.95 I I I CONDUCT AND-310" RCP 'i 80 - - -1- - - - - - -1- - - J - - - -i - - L - - - L - - - 80 .�I I I I I I h�(bOLp37RCS=2.387. TSA I FL F1LEV = 78.78 PLAN I I I 1 I 1 1 Ex i sIt 30" SIWR I No Scale i I �Exis't 60" SWR I I I I I I 1 1/4" ' 1/2" 75 — — —I— — —I1 J— — — —1— — — -i — — — t — — — + — .— — F — — —I— — — — 75 � v } WASHER A4 rn " SLOTTED HOLE 1/8" X 1 1/8" NEOPRENE GASKET IIIII �IIiII IIIII PROIIIII F ILE 11/32" DRILL X 1" DEEP. 7/16" NC 1 1/4" X 1 1/4". 3 REQUIRED IIIIII IIIIII IIIIII IIIIII 703/8" DRILL X 5/8" DEEP 70 30 20 t0 ° 10 20 30SLOTTED HOLES IN COVER No Scale TAPPED SLOTTED HOLES DETAIL . No Scale 30" RCP SANITARY SEWER SYSTEM 1 No ScoIe 29 1/8" 1/2" 28 1/16" 27 7/8"-1/16" MACHINED 1 1/2 COV R SURFACE F2„3/4" 1/8f' CROWN MACHINED —�1.-0"MIN 1 1/8" I.-11 1/4" •! SURFACE 10"30' D 5 25 9/16"-1/8" •1 12 MACHINED SURGACE EACHSIDE 2 3/4" 29 3/8" 2 3/4" AND BEVEL DETAIL 1 0 s� —34 7/8"+1/8" No Scale E� �0CONCRETE SECTION A—A No Scale 4" Min 4" Min a 30" SWR CONC CAP P CAST IRON BOLT—DOWN No Scale 26 MANHOLE . FRAME & COVE a No Scale 26 THIS PLAN ACCURATE FOR UTILITIES ONLY. ALL DIMENSIONS IN FEET UNLESS OTHERWISE SHOWN REVISED 907. SUBMITTAL - NOT FOR CONSTRUCTION REVISIONS D� 1.BorOndioron ResLsovARUP Iron REDUCED PLANS CONTRA COSTA COUNTY ORIGINAL SCALE IS IN INCHES IRON HORSE TRAIL PEDESTRIAN N0. DESCRIPTION BY DATE DRAWN,a.MOson a° �� D � 2 3 OVERCROSSING �Xa a a PROJECT ENGINEER PUBLIC WORKS DEPARTMENT D= I 1 I I 1 I I .ATE, .�_ 255 GLACIER DRIVE 901 MARKET STREET, SURE 260 gABe NAP EAST cooaa NORTH ODORD UTILITY DETAILS O. 2 SCALE, 'Dq pyL ,�' PLANS APPROVAL DATE SAN FRANCISCO. CA. 94103 PILE N0. sneer c 6 OF ca*6 oP�MARTINEZ,CALIFORNIA 941553 1415) 957-9445. FAX 1415) 957.9096 V j FL0.BC CADD PILE•iEILESf P8N TpI�fPENTBL Sf VVIN EXITING GRANT OF EASEMENT EXHIBIT B-1 -- - -,., F VVV a ' m itEMESTED BY 4`4 FIRST t t i LE DC7. ' CONTRA COSTA SANITAIRY DISTRICT ' _.WHEN REC ZDED W%_TL TO: 1411AY r.J u i966 rsl Contra Costa Sanitary District Imhoff P1 ace AT v ,O'CLOCr,4hi. 1 roez,.CA 94553 CONTRA COSTA COUNTY RECORDS w J.R. Ot.;SON Purchasing COUN Y "ECORDER ; ��;•• � 31 t FEE 5 GRANT OF EASENENT I.a�: AG� .36'Ef�NT, made and entered into this .3day of May. 1985, b and a. Contra Costa County Redevelopment Agency, a body corporate and a existing under the laws of the State of California ("Grantor") !'Central Contra Costa Sanitary District, a Y public corporation Aw9anized and existing under the laws of the State of California (�sYantee"), WITHESSETH: THAT the Grantor, for a good and valuablo consideration, the receipt and sufficiency whereof are hereby acknculedged, hereby grants to the Grantee and to its successors and assigns perpetual non-exclusive easements and right-of-way, as described. herein and in Exhibit One, for the purpose of constructing, altering, replacing, repairirg,• maintaining, and operating sanitary sewer pipelines and appurtenances, as the Grantee may see fit; In, under, along, and across that certain real property described in Exhibit One. h'ITH respect to the exercise of the rights herein granted, the parties hereto agree as follows: 1. The Grantor grents to the. Grantee. non-exclusive,, ace Access Easements" providing the Grantee the right fo�use the ground surface _• _.— da--cribcd in E`hlbi t On i all p Iter-ses . vi uiu rani N,uj.c+.:y .. —. ..'_'; Cr 1. _ necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating sanitary sewer pipelines and !t related sewer facilities, includina, but not limited to, access for pedestrians, vehicles, and equipment of all varieties. 2. The Grantor grants to the Grantee "Sub-Surface Facility Easements" as particularly described in Exhibit One which provides to the Grantee the right to construct, alter, replace, repair, maintain, and oparate underground sewer pipelines and related sewer facilities in such configurations and in such sizes as determined by the Grantee. The Grantee shall enjoy full use - of the easement as provided for herein. 3. Both the "Surface-Access Easements" and fhia -"Sub-Surface Facility Ea smentstl are perpetual and non-exclusive 1 However, any 1 12/2/85/1 -1- ,y. !k•.;,';A �•�+k;,($;},'ry�:...;"22 . �i!4"hgd} 1' ^ (c�u� r �s �~_ l• •. "=1.a r�•, ti�• '�:: ','��kii:wr"�•RE+�.:+` '.:!� ..�W .i�'Y:SS ,�: i',';f.r;;..+ �, d:+c. 4,•`?s;_�.•. `": :_ �: 3.�,3�'!.r:r ;� i:;Aei.. .K,ig, ';:,...!!e;•'tr'�r'-...,....,� .�*„ria�' •f .3 '.x.5.71' , i . c "Sub-Surface Facility Easements" granted by the Grantor to any "user"other than the Grantee subsequent to this Grant of Easement and which overlap or overlay the "Sub-Surface Facility Easements" as _ described in Exhibit One shall require the "user" of the subsequent easement to enter into a common. use agreement with the Grantee, approval of which shall not be unreasonably withheld, which shall contain, at a minimum, the following provisions: a. The "user" shall remove or relocate their facility in a timely Tom' manner and at no cost to the Grantor or Grantee as reasonably C� necessary to accommodate the Grantee's right to construct, -- alter, replace, enlarge, repair, maintain, and operate the Grantee's pipelines. _ CO b. When the Grantee detercinos to undertake a project which shall Cr necessitate the removal or relocation of the "user's" facility within the Grantee's "Sob-Surface Facility Easement," the Grantee shall notify the "user" of the need to remove or relocate said facility. The "user" shall submit a removal or relocation plan to the Grantee within thirty (30) calendar.days of receipt of notice to do so. The Grantee shall review and coma:3nt on the plan within thirty (30) calendar days of its receipt. The ."user" shall modify the plan to incorporate the Grantee's comments and resubmit the plan for Grantee's approval. The approval by the Grantee shall not be unreasonably withheld. C. Any damage done to the Grantee's facilities by the "user" shall be repaired by the Grantee and all costs shall be paid for by the "user." ' The "user" shall provide a bond or other surety acceptable.to Grantee an or before the execution of the common use agreement by the Grantee, in a 'sufficient .amount to the. Grantee as a guarantee that the "user" shall remove or relocate their facilities upon notification to do so by the Grantee. d. The "user" shall defend, indemnify, save and hold harmless the , Grantee and its officers and employees from any and all claims costs and liabilities for any damages, injury or death arising from or connected with the -performance hereof, due to or claimed or aileged to be due to negligent or wrongful acts, errors, or omissions of "user" or any other person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in the subsequent easement, save and except claims or ¢ litigation arising ti-trough the sole negligence or willful misconduct of the Grantee, who shall make good to and reimburse the Grantee for any . expenditures including reasonable attorneys' fees, the Grantee may make. by reason of such matters. "User" further agrees that the "user" shall save and hold the Grantee harmless from•any and all damages arising o5:t of inverse condemnation concerning such matters, save that the Grantee shall be responsible for a share of liability corresponding solely to the actual percentage of the cause in fact of the sewer . facilities as deliberately designed and -Z- : - yr%'.... � ,,ky t't - '..'�-,f^!�{ �F['4 5.t.ttx ,.".r7�.u .. w j' A � ��:'i'%i-'+.ay,i�•'a'c;fµ�G 1:s+;...>k, '• :?�'{X�. •.�`�'�w ?r. � ir�rY;�F'"' ,':±':.. Viz•. �' `.,f.,. •�,�•,,,- ^Sas:,::"r-� r?.;_ .'. •pry;-v'- i�'.i:r. ...kls'n•�q•.•.ro.t .:o.'�•'i?�• '"r;;t.�,:...�,!".,-->!;xr r�`:'..:n��.-uY.�.,;.:^,i-..j.. 4;r�:�"�4^i`:e'' Y... ik; r.t ea;,}. ,.tvr ,s..:.. �•8.' .:•' 'y ±..•..,.�; a•„^;.i.. �' �� .�:.. ,::i:, i°Yi.^^`i.'rR'P:SF�+:.5:..'.�`�:�- ':�5�.,�«., vP; - 7,.y, •w'.�.`a':rs•. :i, y},j;�•._ �. ';}:a.r .,K4.._ .�.�. .7. _c-.±,why;. ..Yi.:;C}'•p?i:�'�.:�>.r".Xi�Ay'�-�J..:�.:i' :t?:.f-;�'::.�''a,-.�.1•`:'3c`.t�.�i:,�rr 5a..•. :,.r • .r .`:;. ,�k�.�. L'-. rJst.Si;:�ir5;' jg::;.��.+'' ;:i•' :�� '....v':' <..a=a�:eu. - �tii;•r' ...._....,. ......:......... ... r..,...r�t?f.:,�;_,�.,.t.• .,'i�;°�y�. ;iV: ,c-�:.�. k;;;,.�;:�`;>a' rug:_:fM..,.a'::,.::. 1 r constructed. "User" further agrees to assume, ail joint and several liability ,for tort actions to the extent such liability i exceeds the actual percentage of fault attributable to the actions of the Grantee and its officers and employees. 4, The cor:struction of additional pipelines beyond those presently ' =' planned or the enlargement of the existing or planned pipelines '+f: shall be considered an expansion of capacity. -Prior to the Grantee's use of the easements described in Exhibit One to expand capacity the Grantee shall submit plans or other appropriate �. documentation to the Grantor for approval. Approval shall be limited to a determination of interference of a permanent nature Co �'�3''•'. with the Grantor's use of the property as. described in Exhibit One: }' The a pproval by the Grantor shall not be unreasonably withheld. The Grantor shall provide comments to the Grantee in writing within thirty (30) calendar days if Grantor believes said. expansion unreasonably interferes with the Grantor's use of the property described in Exhibit One as provided herein, 5. in the event eiwhar the Grantor or the Grantee undertake 'i ? construction or any variety of excavation within the easements pp' described in Exhibit One or immediately adjacent thereto, said party shall reasonably notify the other, party and give said second partye thirty (30) calendar' days to review whether the proposed construction or excavation may impact their facilities or "'•�„ operations. { 6. The Grantor is considering among other things, the possibility of developing a transit use such as an excluugive busway or fixed guideway system which may require the Grantor's use of certain portions of the real'property within the areas described in Exhibit One as the "Surface Access Easement" and "Sub-Surface Facility V Easement". The Grantorretains the.right._to.,the reasonable use of : ..+•;. all of the real property described in Exhibit One as long as .he use is"Cdnpat1bl0::..k.ltti:;tTie:,:GraLn -0:s....easement._.rl.ghts_as...,set forth "r herein, The Grantor's right to the reasonable use includes the responsibility of the Grantor to maintain St the"grantor's expense all real property, under its control, as described in Exhibit One and any immediately adjacent real property ownod by tt:a Cra:tcr. Compatible surface uses by the Grantor of the "Surface Access Easement" shall include, but not be limited to, landscaping, fences, >;.. surface parking, trails, r�oa`T,,streets, other utility facilities specifically provided for elsewhere in this Grant of Easement, or Q' other paved surfaces for an exclusive transit.,ay. Uses which are �. h,il 1 n with _ �.... __� �.. 1+..aa•..r+ tom, L d i? 5 not compatible Snail !nCluuB, uu,. „�" .... ....,,..,._ foundations, multi-leveled parking facilities, embankments, ,pr other •ermanent `structures with foundations which would prevent reasonable access for maintenance ana repair of the sanitaryserer.. faciltties. The -Grantor, also considers as a compatible use the placement of noise or retaining walls within the property described in Exhibit " One. Itis the intent of the Grantor not to locate the foundation of a p©rm'an'enf wa1T within twelve. (12) feet, and under no -3- 11 is ;�• w �ads'' g k x .. ¢ ; p9 " fi;1. _6•^ .SiV�_• , . �tr'r•:;';'t:'7;,F. }a�u. �,•rn,..Vit,���:+. r� � _ t :e. ,• '�'G,�>�j�'�`�'k;(.�4 . - .'-i`:`'• � !:!'..s:l� _;.y,. :7.y.:+,.=�!;.;;, +:�,:•lti, .7'.S f`�F� ?`4 y� .k;, f�.i:r�"'�`.,.�5':��'i'x n J�k.� jey,.:v d'., ,�"a:N:.,. •:i!,!•,r.. i -TJi�,;ir,. t,.v.,.';. 9i_., �..o:r.:c•S; --.Se.t';s -•v, .0. �;'"•� v!�?:�.'F c:..r; t�.re s.ra,::•+Yr^:.., ,F;:.^..�.. r...t>:' f';: t r, - 5 #cuastance closer than ten (10) feet, of the center line of the Surface Facility Easement" as described in Exhibit One. A wall 5sas the ability to be readily removed and replaced can be ­46red for use within the above limits. antor also considers.compatible uses of all of the property SUed in Exhibit One as including the placement of transit '-facilities such as loading platforms (of a minimal nature) zgp:ez or the placement of rails at crossovers and transitions LG e.. "Sub-Surface Facility Easement" as described in Exhibit 1ong as all reasonable efforts are•extended to minimize such The Grantor agrees that in no event shall the rails for r ' system be located over the Grantee's pipeline for more than i 1lriterrupted feet. Ln �3 -tor is considering among other things, the possibility of ng a transit use such as an exclusive busway or fixed system which may require the Grantor's use of certain ':of the real property within the areas described in Exhibit ,.the "Surface Access Easement" and "Sub-Surface Facility y# The Grantee proposes, to construct, alter, repair, �'mu�intain, and operate future and existing sewer pipelines easements described in ,.Exhibit One. Special protective tmay be required.for the Grantee's sewer pipelines. Wi+GrAntee shall determine and provide the necessary protective ar9asures at Vie sole cost and expense of the Grantee as long as the 2" Gran tor�.s proposed transit use is located outside of the �Yyr''•'ii 1 #.Sub-Surface Facility Easement". If the Grantor elects to overlay yitri,.a ,.sf.'• ,£`',;flee:_ transit system on the "Sub-Surface Facility Easament" as ;ti ,•;i.%cy..y.,•,,., - ..pFovi.ded far in Condition 6., then tha Grantee shall determine if ti f' additional protective measures are necessary and the Grantor shall 'bear the full cost and expense of the installation of the additional t protective.measures. Inthe event the Grantor's overlay of the transit system on the Grantee's "Sub-Surface Facility Easement" requires the relocation or ;.reconstruction of the Grantee's pipeline, laterals, or other facilities, the Grantor shall be responsible for all costs associated with the relocation or reconstruction. The Grantee shall act. as the lead agency in the relocation or reconstruction of the Grantee's sewer'facilities. The Grantor shall reimburse the Grantee for all of Grantee's expenses incurred in such relocation or + reconstrucion. The Grantee shall hold the Grantor 'harmless to the maximum extent &Itoied by the 'lair, fr= any unrd all clzimiss, costs. zndl "latilit} for any damages to the Grantee's pipeline, and consequential damage resulting therefrom., due to the Grantor's construction or operation of a transit system or other surface use, to the extent that said damage to pipeline was caused by Grantee's failure to design and construct said pipeline with the necessary protective measures consistent with the surface uses and construction of the facilities t Nw a. ° r.,`�..c �� "xps.lni".'.; w,;n'` `••• �.+ka: '''' ••5'- , .:.`. �. a• .i i ',?Sf�: �'r }:ri�=,r��,...::5"`"�r ✓ �Vic:y.`�',. .#`f.'F 4' ::akF' •�.�, x e.. - t.,. ytj;YR ,�i. ...:itaTtfi;�;,F w'�'wa' .n;5• y�;.',d,=:i..,� `:;.�:�; "'i:• .'i,.tt;r,�.,..Y;` }; �'Y,�.a• 'a. ^,�ey.+!t.•�.-,v.�'.rnK Si?i,Y:.T,•:p 1'i�. -,'v--�;*.�v,.i:�7:L✓•`r�:44�:... tF ,;y�. «?Y;''+•.?.:.cdic.a:{..',`.::'i;:y.:.,: r • associated therewith as set forth in Condition Nos. 6. and 7. of this Grant of Easement. This hold harmless condition specifically shall not apply in any event where the damage to the pipeline or consequential damage therefrom results from the negligence of the Grantor or its contractor or any agent thereof, or from construction or surface uses inconsistent with the terms set forth in Condition Nos. 6. and 7. of this Grant of Easement. In the event that damage to the Grantee's pipeline occurs due to the joint negligence of the n Grantor or its contractor or any agent thereof and the Grantee, by LO failure to design and/or construct said pipeline with the necessary — protective measures, ,each party shaii be responsible for said _ portion of the damages in direct relation to its share of actual fault. Lo B. The Grantee presently owns . and operates several underground pipelines pursuant to existing agreements with the Southern Pacific Transportation Company with the real property described in Exhibit One. The Grantor shall grant to the Grantee easements for these pipelines similar to those described herein and as provided for in Exhibit One, upon conveyance of the easements for these existing pipelines the Grantee shall relinquish all former rights as established in said existing agreements. In exchange the Grantor recognizes the Grantee's prior existing rights to construct, install, maintain, and operate sewer pipelines and appurtenances which are contained in said existing agreements and the Grantor agrees that Grantor's existing property rights and the rights it may acquire in the future shall in effect be subordinate to the above mentioned prior existing rights of the Grantee. Further, the Grantee shall not be required to relocate its existing sanitary sewer facilities within these areas. 9. If the Grantee performs any work within the limits of the real property described in Exhibit One, the Grantee shall restore the surface of the ground to its condition prior to the commencement of the work at the Grantee's sole cost and expense. 10. If the Grantee proposes to do work of a non-emergency nature which may interfere with the Grantor's operation of the transit system the Grantee agrees that, prior to start of that work the Grantor and the Grantee shall enter into an agreement providing a work plan and schedule which minimizes the effect of the work on the operation of the transit system. Interference shall be defined as any action requiring termination or limitation of revenue service and would include any excavation, interruption of propulsion power supply, or penetration of the transit corridor by construction equipment. The parties shall act in an expeditious manner to reach an agreement, and shall not unreasonably delay the Grantee from accomplishing said non-emergency work. Ian In the event that either party identifies an emergency situation, said party shall notify the second party immediately of said emergency situation. Emergency shall be defined as a situation which causes discontinuation of the operation of the Grantee's =5- 6o, � ,.,�}, a g ,z•. ��7'•.ni eti,,:;...�a,w7�•isx arc ,p'��, °.'1.1 M•is:a•$+i•f,�3:cC,s.; a r�; ,'ti� -•;9< rl�Fri�,}.•. ;L'=+%'' ?e ls.,af.;.s. Zvi. s y .�. - t;: b'. :..;!±.i.:a ,y;,.,,„�::� c�.•:• �.r�Fi>, ...3''i. r. r,.,.?'-� Ys•3%ii'�xv;: .J7 "*;JN'• ,.5;;:�.a.y, .;:u:,?' Jit.x;.,e.j.x �.. +•, . . .; ;.i�. ?:J"".• .',i:�:�.s,. ;.ui.::!� "ti�:r - .4:: :p:,A_.•:x•v�iLt.x=�.;t:•:r�-..:,�6�•;, .. ..::.•:.;:::-•:'.:f�.•. R•:K!,l'1::::.:•:'3,..:,r^.•:v�..a`;":':s,�l,....,il. :!.Sf•' '.r.-;•:��;.. ,._..�;.,`Y gra o.... .-,._....:. ._.......... .... .:......, ... ,.. ;, Vii,.:::�:.,.:.,.;,:: -,,,...,n.. ... .... . ..._... .. . „:... .... •r.::e:: t • i pipelines or of the operation of the transit service, or a situation ," which presents an immediate threat to the operation of the Grantee's pipeline or the operation, of the transit service. An emergency shall additionally include any rupture, leakage or other damage to the sewer system which creates a present or an immediate threat of creating a health hazard or dangerous sanitation condition and where the hazard or dangerous condition cannot be corrected by immediate measures not affecting, operations of the transit system thereby F allowing for the permanent corrective raeasure-r on a non-emergency basis. R, C0 s In the event of an emergency situation; the Grantee shall not be responsiblefor any loss of transit revenue or other damages to the Grantor resulting from the inconvenience or interruption of service on the Grantor's transit system, so long as the Grantee makes every Co reasonable effort to immediately alleviate the cause of the ult emergency situation in a manner which minimizes the impact on the Grantor's transit systom operation. 11. The Grantor and the, Grantee shall • require all contractors or contractors assigns who shall undertake construction on any portion of the real, property described in Exhibit One to list the other party as an additional insured on the contractor's project policy and further require the contractor to indemnify both parties in a like manner. 12. The description of the easements contained herein are based on the best available information. When a more precise location of either existing or proposed pipelines have been'determined by either field surveying or detailed engineering data the Grantor and the Grantee- shall affect an adjustment, (increase and/or decrease) to the casements provided for herein in order to produce the final easement as intended by this conveyance. 13. The Grantee' shall defend, indemnify, saves and hold harmless the Granton and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the performance of this Grant of Easement and the ;. design, construction, operation, and maintenance of all sewer facilities currently within or which may be constructed within the easements described in Exhibit One, due to or claimed or alleged to f; be due to negligent or wrongful acts, errors, or omissions of the Grantee or any person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in Exhibit One and any immediately ` adjacent real property owned by the Grantor, and shall make good to and reimburse the Grantor for any expenditures, including reasonable attorney's fees, the Grantor may make by reason of. such matters. `F The Grantee further agrees that the Grantee shall be responsible for any and all damages arising out of inverse condemnation concerning the design and construction of sewer facilities in existence or to be built within the easements described in Exhibit One solely to the extent of the share of the damages proved corresponding to the Grantee's actual portion of the overall fault. -b- i a`I;: y.iY�:s ..''n!dl�(k y�4^,{y;�i S'ci.;.�� �ih'. t fp.:' �'�)T.• .T.����„J +.Ah � eta•.i:M'v �pi.�. �:!w. ti:�:'ilk':�'r•Ey;�'., .�"F }•'9f"^`:t�?�•fri4, �. ���..•«yr 4���.�a �..%r.p'.�.Y,Y� h ,"TS .� 4.'k��.,wf�:,e ::.+�•” is'+-r.�.rY: oa�r""s`.=;1i.: c`'! ';'bac ::','.d. b ;C: :7 .vy.;' _ry,.:�_cyh .'�.c,',+'a..:_t4.«i;>.S?t!:rku...., 'n. :-5'` *�-; �rw :P".+•;e, ..:if •r.�p, .i::� 3.� t"i,'i'.,:•L",�.sYrr.-i.!..yr,1. d[.n.#.qs� � ,�.r,.• r.O' - ..r: -'w 3ca,; ."� kr... iF.'•.Sr,!':`s:;I+•'�• .i.,. :'4,t.•'T!yF:e" �;t.,.. "'; •:."-.`..,'•".•f;6 i.. )tMy+ yt.ti7:; e,-"i.X44',n.raYfi..2�.'+:".iJ. ...,. ..i.-R'n ... .. .. .a. .. .. 44���r•: l' The Grantor shall defend, indemnify. save, and hold harmless the Grantee and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from :%. or connected with the performance of this Grant of Easement and the 'Y desigr, construction, operation, and maintenance of all surface and ? subsurface use facilities, solely or jointly owned or controlled by rr the Grantor, •Including the .existing condition as well as the futureok maintenance of the surface of the real properties described in = +` Exhibit One and any immediately adjacent real property owned by the Grantor, due to or claimed or alleged to be due to negligent or Cfl << wrongful acts, errors, or omissions of the Grantor ,or any person under its control, including but not limited to liability arising from injury or death to members of the public using its reals property, and shall make good to reimburse the Grantee for any C_nrl expenditures, including reasonable attorney's fees; the Grantee may r' make by reason of such matters. The Grantor further agrees that the Grantor shall save and hold the .Grantee harmless from any and all damages arising out of inverse condemnation concerning all the Grantorts activities occurring within the real property described in Exhibit One and any immediately adjacent real property awned by the ' Grantor, save that the Grantee shall be responsible for a share of the liability corresponding solely to its actual liability. ld. This Grant of Easement shall inure to the benefit and shall be bind4ng upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. • 6 t is i. ,�.,'�+,, '� ,ter, f••;w �ay'i�r,; 41^.�y,Y.'>' �+ t`_7.""' '' "x :�.'�.r��p. '�y_g,F�• � .:sem:. �. '" + "j." w.; #,� ,,;r..:,,.:{!r��yy.`,.�%��'.-.•.�,.'��,,-' „�1';`h+;�:y,�4,'���''�I+�.:'�'. !�;.'. ,:4e�T'^ �''�7�{ . tai, .. :y+ '�.,;�•:w;�',y,�-�w��`j?Z.' `' �:'s`'t[ l: ;alK�'k.-r.:y GY•+k: '1.��•";:t1.: t.r•"..,,1�;E� ;ia:y, .:y,.•� ,s''rT:.. �k.., rtsC'+:�.;'h:d:i¢l.V.k:..73!:x:y�2�Yt<:,\,. . .�`.; :yS�'{'.-.?• ,�.,:�r.:'Q.at�-,�,a^',ee_ Q*ux..:"-7�'�*�p��is`.'t,'�:.-. �� �,t.,:.,._x�'„�.*:�+r��!�ss�;3Ctit�;f�;:,':�:=r' - .er.L',, .•s r :r 2 m CONTRA COSTA COUNTY CMM CONTRA COSTA SANITARY DISTRICT REDEYELOP1EK AGENCY By: v ,( may; ��A4, 4--V—/Y Executive Director President of the Board of CO Directors Central Contra Costa Sanitary District .._ County of Contra Costa Z State of California C33 i' COUNTERSIGNED: Secretary of/the Ce Wal Contra Costa Sanitary District County of Contra Costa State of California 4 Approved as to Approved a tc orm: Ki � gency Counsel Di tric ounsel STATE OF CALIFORNIA CONTRA COSTA COUNTY i Acknowledgement by Public Agency I(o �9c WM. A GREGORY Or,v!0..1. ti ..-_.....�......__.. �.before me........... ...`.......... ............................a Notary Public,in and for , said CountyandState,personally appeared • i�.._ _.:�A�' N.._. •�cYC ,.t c lAt 4 A4 personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)who executed the within instrument as the President of the Board of Directors and Secretary of Central Contra Costa Sanitary District and acknowledged to me that said District executed it. sm GORY CoN1Rp COSTA COUNTY NOtary Alb' in o or MY CpM. EXP, APR. 30.1990 County of Contra C a of Colifomio 2�:auaa a.. 1==RF( •FX..�JTJ,' .. .isi y +. ^R k M1`4`;P :w'e - f .si..1r >•. ,�� M.�L.:::(:X'::pF:l�ii'2�: >r��•Sf.'��S.G`wr`t.��i..�.'""t.-'.._._ ...........n a.r+.a ova+n.aWn.e,...v�e.. .e_v.+ ..... CV ^_ .. / v± i.,..,_'i; KGs... _... c i ^./'- f✓y ::l. .r=�-iJ`:% �' E :.Icti; _ rii0,i::� $:��c C` i.<. �E,^.SG!ic;' _ Yr^/??ir5 �' Jam;; =ii lf:J'::;'•. tC• i?'.c i.ie 0!', ttie C-54.- :1T st ia i:: �' ne. t�.E'Ja 'r_. 7-,i�u.:^1' �Y��C.:- _c:C.• :Y:_- _ G7i +iy�" ..�:, a^ttk_p ;::=.:- j `y'r': _ �ilOVi(1 a.0 :ie �.. _� �Qr�cnn k�hC BXCOUti^ I�ijtT;,i:C F.otlo�� C' SciL -ft6e 1 acknowledged t0 ma tiu. SU:. ,4-6P _`e -atcil the i ST f.0?aProu .:c L`;OTARY ? `•S' C '? CCt T c4 COS1A '•v TY t 2iSu!-`ti:fD62, G5;5:3 ;iv l.>amnissicri Exp:res jRF:A<.5 k Y ' 4. ti 2. +,tet fes. 4 TTr'. .,• r f f pu��, . P-.. pp, EAS:.:FIST FROM C.C.C.R.D. TC C.C.C...._. Z.XH=ELT C_": SUE SURFACE AND SuRPi:CE E2MMENTS PARCEL \I?:E A Portion of the 100 feet in widtC: Strip Of land and the 33 r feet ti`i in width t__p of «..; ccc:_bed i1 the deed from W. E. Hook rr . „} to Southern - Pacific :Railroad Company, recorded J::ne 10, 1891 � S .. Book 60 or Deeds, page 97, described as fo_lows: afeet Com - the northeastern corner of said 300 fe i - in width strip o= lard; thence along the eastern line of said 300 feet in width strip of lani south 08` 44' 37" west 212.10 i feet; thence leaving said eastern line her .h 81° 15' 23" west 28.90 feet to the Point of Beginning for this description; thence ;p along the arc of a 194.00 feet radius curve to the left, from: I - which the .center OI said curve bears north SIC 15' 23" west, through a central angle of 42' 04' 3V an arc distance of 142.47 I feet to a poi-;:t of reverse curvature; thence along the a-rc o_' 206.00feet radius curve to the right, through a central angle of 420 G4.' 36", an arc distance of 151.28 feet to a point which { lies westerly of and 32.00 feet distant measured at right angles from the eastern line of said 100.00 feet in width strip of land; thence parallel with said eastern line north 08' 44' 37" east 597.00 feet more or less to the northern line of said Southern Pacific Railroad Company parcel (60 D 97) ; thence along �. the northern line of said Southern. .Pacific Railroad Ccmpar:y � parcel north 88` 31' 49" wesI 32.52 feet to the northeastern icorner o;: said Southern Pacific .railroad Ccnpany parcel; thence along sa:.d eastern line south 08' 44' 37" west 659.00 feet more B or less to a point :Narking the intersection of said eastern ! line of :aid 100.00 feet in width stria of land with the northern 1. line of said 300.00 feet in width strip of land; :hence Leaving said eastern line cf said 100 feet in width strip of land south 320 15' S5" east 152.40 feet to a point or: the eastern line a of said 300.00 feet in widthstrip, of lanc; thence along said eastern line sc th 08' 44' 37". :rest 958.00 feet more or less to the southeastern corner of said -Southern Pacific Railroad Company parcel southern D 97) ; thence along the outhern line of semi _Oo thern Pacific Railroad Company parcel south 88' .31' r 49'' east 29.4 feet' more cr less to a poin-t 'wiiich lies westerly Of and 28.9 feet distant measured at right angles IYOm said eastern line of said 300.00 feet in width strip of land; `hence aara11e1 with said eastern lir=e ncrth 08' 44' 37` east 866.00 feet more or less to the point of beginning. Excepting therefrom: All that portion of the above described parcel of land '_vi.^,g • z t.. _ r. _1., h: f C e C _ _. --- C. rM. . :c d;::<G f r Cf .- _. JC:__':�_.:- c_.._C,:hc.:.i=C.=_Jr'r."i.:•`f o � (y, -t:Co__ -_ .. _ _cl;... Cc : r63 C= =e=cas s w,�yt COmmencl:;q a„ a n-cint _::C+ the intersects G-. GL t_.E eZ:stern 1' of t:2v Sa_.. 100. ,:i, _= ..iCY~.r.. __ ., �• _ la (•::`., :.� _ � na � rw. centerline Of t.^.e for::.er `SZ cr%-:e n t GY orthern. :.a_lwey; thence Vi alonc said eastern line north ~ 37' ea -'1.5 _ leavInc, said e=_ter_^- line norzn E. o e +•_.": a,__ ►ate to the Paint c_ � i1 .ecin.:inc or t,ls d'escric=_cnthence a7.Onc, the w_,. of a 195.00 feet =a..iUs cu ;e tothe _icnt frc 'clic center _a_r ,rvc r'ear_, r.cr .. 5'_ _5 % (,rest crw v X' centra,. ;male of _l _•: 1,5' , an a_ .. e d_st:;:ice _ 72.�9 i_=_ r••' �,,. tJ a cci::t ofeverse c::rvature; :`.ecce alcnc t:_c a c or , E�5?•: 205.00 feet radius cu,- e ve to the left, th oucn a cnt__'_ a: �F. of 06` 26' _1 ', an arc distance of 23..._ feet _-..._E 'es_ t t u1 T� ane scuthefn '_i a c said �Sout'',Pr_. :a cka^ rCrC ccmr::c'•% X -__._._ n+.C•na _-__" sol:t~C-r.-: -I e ...._t.. 890 :2' ,-Sb 5. corner ' 8=5.. •. 5 - he! 0'5 feet� to the southeaster._ co ser c._ s'i S:i;__e_�. ?aci`c r 'Z: .,a _ _ _. c.= Czny parcel t'-elide a 1o: sae =_. _d ste1r, _re orth c}, east 1055 feet -,cre orJ lec. -cr=.^_eastern �?�3 carne_ O. sa�C SJi.t:. r_. _..:Cif: _.,,.__rCaC Cc-::: ^.�' _ _cE'_ t.heP.OL a!on sa-d nor--kern _inr':^ sGi:t.. .._�' r. .Y',�y`�p( :. :o,n 1.C-5� _ Cf a%C 34 .0'_ r=er .-:.Oa t "'5�. and ES frc-: _!' t . . caserl_.._ _:C:; _ ra__::l .•ia zf.' t O._�.. etr:: .. ",', _ane souz. 0c v• 3+% west ,'�•. �cGt ..,,;r•' 'OT_' _Es5 to the Jir_ rJai6':j� of bcc.nninz. 'IMP. _.l'. 'J6 __:,:s , at ice i_,. _,sc:___ a= ---- by��i:a�rxr _.:citt c -_ter__ :e Cf —IL ; t' a l;:aa`. Cert10u..:C fee-Y._ ....'_ .:1 C ...t:. St_ w= a r r .` t he dead f_'om Charles E. iic.SScut".a—e to a - � c_ .. ?aC_ _C Rai w CG•;1�6::1'/ reCCrde. ', Jun.-e^ 10, ...°,v'.. SCC.. •lil:' __ ._ eG'S _ oa _ Std �.yS•+��' c.. .#. _1D: thence from the ,said ocinu cf CJT�'�^Ce..._��t a o,^_� a1z e4stE«.. 4. ' lln_ and arC.Sa i..".c eastern line ^C: Eaie .`^..•C:.t.^.e_' 'iF,C:.fic __rca CC:*.«a^\11 varce1 601 G_:, :C'_th C _ '_ TvI. "'a• n: E S` ..:ence le:.v?nq szid eaSter,_ __::e ° _C t __, fect t w+_. re 00i__^ C: «:.G.. .:.... _ _ „,_ i-c , C•=:fC�� t_C'!": t'c:':C2 AI t:>... F.:. ^.•>` :{rr .^,r _..,.Ju feet _L..__s w.._:e to tS,_ .LC_t _rcr- :: <.�?q ...,, ,. ,-""^ F. ._C:,'. z-, r^.,-,r CS 5.:,.._ rCe «eat_ ?{ecT, r t_Ci a C en n Ct.. C 1.- LCA : ...., ... �%n _te l eet. 4G a cGint G- revers- JatL re thence .',!,C,^_,"i ne ...,.v _ ,��, c °LS h:. .et' _..,.._::.a cur".-e- _,C w tfi2 ri'C , � _.... .iGP. G w._�t_...5 angle, _ 3 Cr _,. i!2� .UY .:=ai a_w 'G:._ a ca o2 _�a. C%t 'Cr 12=s 1 .0 tr:c''" orzher:: 1i_... of s a i C. conve\•ed ., Sou-i,,?r^. _ _ .C.a�_C �''.al..:Ca:± CC Dar (L^`C '� .._ti:: t::."-...w... z=iC.?y Sc.'..0 C?"�.,__.. C ncr T,,. C9•G m 6�• Feast -,2._',C feet mc_a G''_' less t w .GM a^u _.2.GC' =E'Ct ".:s:.,._ ,^.:ea:i'._.'ct: a� _:.C. C. angles .. �ri::;. vEiG East:_ i..,2' �:E:Ce :.._::�1'� '.:_t� said ea-stern. _:.=-' r ��;cst 13. - feet . ' less .-lore or ess _-C tfc scee���i n • `-i a..... ......�. :Y', Pac' '.C:' -cad t_'�:l',`.JC.:\% �_�;.r..e_� �iC-::GE .. a _. a lon :...., ,:o --n_=:1 .,.._..r; no C,' Su ,.'e E.. 22.2_ _i_Ft to «C7..._ wcL, .0 G_ an C. _ . .l"; _C:'t ,,._Stn': .:._...£:.,_':.5:! i.... I1_ ...•. ..l�rr„ irG:; „ :.: eastern ...i":e': t':C:�:w_ tarai ` ''' .. :.CV .aZ etti.,-.; `....'�...J. !`�. C,t:`: tt v. ti.. to t=csz l _10 eeet mo-e G= 1 w_ to to _«Cl.. .. iae ea Ste_7. 7,.:iC a c ..^ trC 10C ...Ct :[. t:-1. .t._ ..l = O:: ..C_::C :.eCG=w._.._ Seozemt:Ger 1, 1291in leads, r ,•.� �r ,.rA;r:u:Ytt • "•++..,..,..::;.y,-.._._.___..:..._..:..::.-....--._;'.t .� - •..os•'vTf."-iw �:M:: :�].:✓i:•w�: i.i,'��:.'�ICJ.' ti :-i� .. -.:_..._-_... _,x....u.y�y , �..,.;...'._ ^far _ti"ii: '�.L�.L23f�'!.�'•+^nr•5+��••47o-.ly.., :Y:". ,ti..(i:�yr�i:: :�;,'•::-'.i!.; . 3$. i..1.�v \(u.::..�._...�t.e:...N`w'. .71}'7:�'.�.''_4 J:.•'�M+Cit.. _ ..-'..- __ '.rv.`Al.'�+.:r' ,:.ti f,.�+jAn'" --K RESP UT3Ci: zU, 1P•^ji. 11 htJ CLU1M1i PZ-THC`:si iiV.rv'. OF "AHE GR: .. nSEi:N7 s fWC l • CCr7FA COSTA CCJd7V . i*G_tiCY CF PA).. 15C ,^ N'.T. . COSTA SANITARY-bISTRI_ C. rl: -. RtPACIFIC RVi-0:-tilTJ?T.1ViAi.�i.:`wixw .. + ztit4�;\; SOLVED by thE,' 7_ re. of •i i i ecto:., o:' 'the Cont—a' Comms IlUosi:a k�r':''•} Sanitary D-str ct as THAI, .. ._ .....,i.['...� il..o�'� v=......_.._.. t::e .-., !': 9 =n Gr—m—. w,' Y•,au a� f'r :1i'e ,.Graby d . �..thn;-iz a i di roc-cd to 3.:1;: ac:cupt aa3 C document for &nd Gil v. . ofC5 is v;...,.r21 Cr)n:.i'.. VG�%a J:, ..-r ., 'r THA Lt& 1:1z+3c rind .—,ect.., to .-cord Sa?;J dLv of May, 1985 by tn:, Uis"ric., Bcfe-6 0 ha Central Contra Costa Sanitary Distr i t :';! thi iO?1G1iii1JC YCtt�: LYES. Members: Boneys:eele, Dalton, Clausen, HCINWI .y, Carlson � N S: Ke^bars: f�Cne 3S .:"i Meliber:, hone y President of the Board o` irec�crs, , Can"ral Contra Costa Sanitary Cihrict.• County of Contra Costa, Strte of Ca14fJTnia ry . COULTERS=GFJ_.D: 'e:Fratas-y ot` the Contra, Contra Costa Sanitary District, County r of Contra Costa, State of Call.orpl a /? f Approved as to Form.: . f games L. zar.c St. ct rt'521 Y 1 L I, Joyce E McMii?en, Secretary of the CENTRAL CoNTRr COSTA SANITARY DISTRICT, o" the Ccunty of Contra Costa, State o` California, do horeby certify that the foregoing is a full, true, and correct copy of Resolution No. 86-pll, passed an:; adopted by said District Board on w f �, EXITING EASEMENT MAP � RS 2330 EXHIBIT B-2 4 Y . � �m RECORD OF SURVEY Sheet 1 of 2 0 OF i� FORMER SOUTHERN PACIFIC RAILROAD . RIGHT OF WAY 0 IN `R1D INCORPORATED AND UN-INCORPORATED W AREAS IN IBERTY WALNU CONTRA COSTA COUNTY, CALIFORNIA REEK PARTNER KOHLER 14965 O.R. 352TR. 6763 CONTRA COSTA COUNTY 6776 O.R. 721 3/29/89 314 M I PUBLIC WORKS LAMORTE 10/18/72 DECEMBER, 1997 168110.8. 770 SCALE: I'=50' Curb and gutter DEL HOMBRE LANE 8/19191 )V__ SSMH R/W JP JP JP JP V ` O O x�.: - ---------------------------*--------y'-------------� --- -S�t}i------ ------ --- 7 0 0 34• CCCSD ESMT.129110:R. 849 PCL 13 PG&E ESMT—J C.C.(.R.A. 12123 O.R. 961 12-28-84 SSMH Sign DI 0 0 --�_ _-- Sign Curb on gutter -- PARCEL NO 13 � b � 9U � _ ------------------ 3 __ -0 -- ----------------------------- -- k------------------ --- -- - 1 2 3 Sign Si n 4 1365+60 Si n 6 ---7--���----a-pian---Sgri-- - x'10+00---"-- I Sign --__ __-----E,-----____=ct ____ ______ _ �________ __Sign_ `�_SD_M_H Sign 8° 4 '4 'IN Sign SSMH°_Sian_____ ____ ____________ 14'DRAINAGE_ESM _CC_CF_Cw_CD 11930 O.R.270 Sign o SDMH -H - �Ml+ SDMH o 27— To;_SJFPT 9372 O.R.967__- Sian ___�19n �Tec�=_= ---___--_-- ��__- -_ -_--�im;c =___-- __-___-- ---------- ------_� ---- -- - ---- - - -- - -- I _ --sig-- - ` ------- ---y-- ----------------`------ ------ ----- ----- — — 5 P.G.&E. ESMT. SignR/w SDMH Sign C REDEVELOPMENT-// Sign v AGENCY �kl // °� o o °ADM - 3123 O.R. 401 ° SDMH SDMH Sion 1 9/16/86 Sign 1368+86.61/33.87RT sl 1363+47 59/33 96'RT FD. STD. MON. Curb and gutter � FD. STD. MON. \1365+50.19/33.90'RT\ Curb and FD..STD. MON. �j� 136 + 1.8 /81 6 'RT 1369+73.80/27.53'RT O guttar O FD. STD. MON. FD. STD MON. 7 PLEASANT HILL BART STATION 03 ,9' \\\`N\;� �\` 1370+39.19/10.44'RT Q \\ 9 �\ FD. STD. MON. ` (NOT PUNCHED) W ` /C3• ` r BEARINGS AND DISTANCES SHOWN ON THIS MAP`♦ \\ R COORDINATE SYSTEM. CALIFORNIA ZONE M.MULTIPLYA \ ALL OVEN DISTANCES BY 1.0000664 \ \\\\ \ \ TO OBTAIN GROUND DISTANCE.tCCS27) SHEET 18 Of 28 EXITING EASEMENT MAP EXHIBIT B-2 RS 2330 Sheet 2 of 2 Uj > RECORD OF SURVEY N pym OF H WQ Q CD b �; FORMER SOUTHERN PACIFIC J m��o RAILROAD RIGHT OF WAY TRv f ` O � IN Z INCORPORATED AND UN-INCORPORATED Q GRID AREAS IN L1J J CONTRA COSTA COUNTY, CALIFORNIA LLJ F-- BIRCH DRIVE CONTRA COSTA COUNTY PUBLIC WORKS TR. 6763 8 DECEMBER, 1997 314 M I LAMORTE ALTMAN 9 10 SCALE: I'=50' 16811 O.R. 770 BROSNAN 19186 0.R. 946 8/19/91 Curb a d gutter 19133 O.R. 512 11/22/93 BRAY II 12 11/05/93 MUZZI SERIES FISHER PECORARO 2477 O.R. 353 95082554 54 O.R. 76 8687 o.R. 655 SSMH 8/27/85 JP , SSMH R/yy Guy Masonry wall 5/24/95 0/00/54 6/25/93 :A:72��- ssMH psi ------- v�----- - � Curb and gut er gn� DI V . --PCL_N0. 13 ( PG&E ESMT Sign � � �- - ----- ___ ____ 8 Sign Sian 9— --7 ---- ---- — --- --- w� top - t� 8 5 �.C.C.�.A 121 - 6 ---_--; _ / ssMHo Stan SDMH `S4 PCL NO. 14 0 1------�L".t;i o 14'D�AINA0 M CCCFCWCD EOP - --------- -------� -__�19D ot. .2 JONESV ROAD _ ------ - - - ---- -- --- _ -- -- - -- - ---- ----- -- -------- -- --------� H--------v--- -- —_ -�'` —� �����___— — — — — -- — ---- --- -- -- — C e oi 1 S' ---- — -- i C7 O 1O'PGBE ESAI Sign � o o / i /i / j •-o 0 0 Sign V "Curb and gutter) \Xc i Curb and gutter 1370+39.19/10.44'RT 1378+00 Curb and gutter 1 FD. STD. MON. SET IRON PIPE MON. (NOT PUNCHED) TAGGED C.C.CO. 1368+86.61/33.87'RT a Curb and FD. STD. MON. gutter Q C� TR. 6907 228 M 48 1369+73.80/27.53'RT 324 M 27 TR. 5195 FD. STD. MON. LLj O 7 Z J PLEASANT HILL BART STATION CID Q Lv NOTEI �y BEARINGS AND DISTANCES SHOWN ON L1— THIS MAP ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM,ZONE M.MULTIPLY ALL GIVEN DISTANCES BY LOOOO"5 TO OBTAIN GROUND DISTANCE.ICCS27) I SHEET I9 OF 26 Project And District ' s Existing Easement Exhibit B - 3 111=501 Sheet 1 of 2 - Legend DISTRICT Existing Easement R/W LINE Jones Road Pdestrion Bridge ... ..... ..... .. .... ... . .............._...-....__ R/W LINE ,o� -- i Project And District ' s Existing Easement Exhibit B - 3 111=50' Sheet 2 of 2 .31 Jones Road • v - Pedestrian Bridge . ..... ... :... 0 0 0 IN : AD JL JL JL _ : INE ���IliI��IIIIIII���III111��II��Ilf1�111,�IIIIII1.11 Z�3 Recorded at the request of: CONTRA COSTA Co Recorder Office � Contra Costa County STEPHEN 1, WEIR Clerk-Recorder 1 After recording return to: DOC— 199J-0254190-00 Contra Costa County T, SEP 23, 1999 12:01:17 - Real Property Division FRE $0.00 255 Glacier Drive Tt 1 Pd $0.00 Nbr•-0000680108 Martinez, CA 94553 Ire/R9/1-7 Attn: Nancy Wenninger ]ONES ROAD GRANT DEED Portions of Treat Boulevard, Jones Road, Oak Road, AGENCY TO COUNTY Wayne Drive,and Las Juntas Road EXHIBIT B-4 GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a redevelopment agency formed pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). Grants to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY Dated September 21, 1999 ?*air, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On September 21, 1999 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, . Contra Costa County, personally appeared josgph Ca_nci ami I In .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 instru- ment and acknowledged to me that he/she/they executed the same in hisiher/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-per (s)acted,executed t4e instrument. By: T V Deputy Clerk- NW.-eh lerkNW:eh G:1GrpData 1 RealPropl 1999-Filest99-81de4-bait.doc Pleasant Hill Roads @ B.A.R.T. Rd. #4861 - Treat Boulevard N Rd. #4057BS - Jones Road Rd. #4054 B-Oak Road Rd. #4057AK - Wayne Drive Q) Rd. #4054 F- Las Juntas Road File No. RW 4861-95 RW 4054F-95 EXHIBIT "A" Real property in an unincorporated area of Rancho Las Juntas, Contra Costa County, California, described as follows: Parcel One: (Treat Boulevard Road Right of Way) Beginning at a standard street monument marking an angle point on the centerline of Treat Boulevard, which bears along said centerline, north 89° 33'53"west 777.15.feet, from another street monument, as shown on the Record of Survey filed April 17, 1985 in Book 76 of Licensed Surveyors' Maps at page 46; thence from the Point of Beginning, along said centerline, south 89033'53" east 179.15 feet, to the east line of Contra Costa County Redevelopment Agency PARCEL No. 13 recorded December 28, 1984 in Volume 12123 of Official Records at page 961; thence along said east line, north 8044.'37" east 75.00 feet; thence leaving said east line, north 89055'52"west_11.04,feet, to a point hereinafter referred to as Point "A"; thence continuing north 89055'52" west 709.31 feet, to a curve concave to the northeast having a radius of 60.00 feet; thence along the arc of said curve, westerly, northwesterly, and northerly 106.37 feet, through a central angle of 101 034'21", to a point hereinafter referred to as Point"B"; thence along the prolongation of a radial to said curve, north 78°21'31"west 60.00 feet, to the centerline of Oak Road; thence along said centerline, south 11038'29" west 34.49 feet; thence leaving said centerline, north 78021'31" west 60.13 feet, to a non-tangent curve concave to the northwest having a radius of 60.00 feet to which a radial bears south 74045'34" east; thence along the arc of said curve, southerly, southwesterly, and westerly 78.36 feet, through a central angle of 74049'42"; thence.north 89055'52" west 60.11 feet, to a curve concave to the south having a radius of 314.00.feet; thence along the arc of said curve, westerly 88.11 feet, through a central angle of 16004'37", to a reverse curve concave to the north having a radius of 480.00 feet; thence along the arc of said reverse curve, westerly 134.69 feet, through a central angle of 16004'37'; thence north 89055'52"west 253.29 feet to a curve concave to the northeast having a radius of 60.00 feet; thence along the arc of said curve, westerly, northwesterly and northerly 96.31 feet, through a central angle of 91058'20", to a point of cusp; thence tangent to said curve, south 2002'28" west 122.14 feet, to the centerline of Treat Boulevard; thence along said centerline, south 89055'52" east 1,368.64 feet, to the Point of Beginning. Containing an area of 122,330 square feet (2.808 acres) of land, more or less. 1 Parcel Two: (Jones Road Right of Way) Beginning at Point "A" described in Parcel One of this document; thence from the Point of Beginning, north.89°55'52" west 170.99 feet, to a point of cusp with a tangent curve concave to the northwest having a radius of 60.00 feet; thence along the arc of said curve, easterly, northeasterly, and northerly 85.16 feet, through a central angle.of 81019'31'; thence north 8044'37" east 575.77 feet to a curve concave to the southwest having a radius of 75.50 feet; thence along'the arc of said curve, northerly and northwesterly 69.78 feet, through a central angle of 52°57'06"; thence north 44°12'29" west 153.28 feet; thence north 45°47'31" east 89.00 feet; thence south 44012'29" east 10.00 feet; thence north 45047'31" east 70.46 feet to a curve concave-to the west having a radius of 141.00 feet; thence along the arc of said curve, northeasterly and northerly 118:95 feet, through a central angle of 48020'08", to a reverse curve concave to the east having a radius of 350.00 feet; thence along the arc of said reverse curve, northerly 115.61 feet, through a central angle of 18055'33", to a reverse curve concave to the southwest having a radius of 60.00 feet; thence along the arc of said reverse curve, northerly, northwesterly, and westerly 109.20 feet,through a central angle of 104016'27", to a point hereinafter referred to as Point"C"; thence non-tangent to said curve, north 0017'14"west 40.99 feet, to the centerline of Las Juntas Way; thence along said centerline, north 89042'46" east 9.56 feet; thence leaving said centerline, north 001714"west 30.00 feet, to a non-tangent curve concave to the north having a radius of 132.00 feet to which a radial bears south 0017'14" east; thence along the arc of said curve, easterly and northeasterly 59.66 feet, through a central angle of 25053'45", to a compound curve concave to the northwest having a radius of 20.00 feet; thence along the arc of said compound curve, northeasterly and northerly 18.60 feet, through a central angle of 53017'07'; thence non-tangent to said curve, south 81°15'23" east 59.92 feet, to the west line of said PARCEL No. .13 (12123 O.R. 961); thence along said west line, south 8044'37" west 163.22 feet, to a non-tangent curve concave to the.east having a radius of 130.00 feet to which a radial bears north 51044'08"west; thence along the arc of said curve, southwesterly and southerly 104.96 feet, through a central angle of 46°15'39", to a reverse curve, concave to the west having a radius of 185.00 feet; thence along the arc of said reverse curve, southerly and southwesterly 173.68 feet, through a central angle of 53047'18"; thence south 45°47'31" west 52.62 feet, to a curve concave to the east having a radius of 20.00 feet; thence along the arc of said curve, southwesterly, southerly and southeasterly 31.42 feet, through a central angle of 90000'00"; thence south 44012'29" east 79.28 feet to a curve concave to the southwest having a radius of 164.50 feet; thence along the arc of said curve, southeasterly and southerly 152.03 feet, through a central angle of 52057'06'; thence south 8°44'37"west 552.50 feet to a curve concave to the northeast having a radius of 70.00 feet; thence along the arc of said curve, southerly and southeasterly 66.26 feet, through a central angle of 54014'02", to the Point of Beginning. Containing an area of 110,223 square feet (2.530 acres) of land, more or less. Parcel Three: (Oak Road Right of Way) . Beginning at Point "B" described in Parcel One of this document; thence from the Point of Beginning, north 78°21'31" west 60.00 feet, to the centerline of Oak Road; thence along said centerline, south 11038'29" west 34.49 feet; thence leaving said centerline, north 78121'31" west 60.13 feet; thence north 15014'26" east 40.53 feet to a curve concave to the east having a radius of 260.00 feet; thence along the arc of said curve, northerly 32.14 feet, through a central angle of 7004'57"; thence non- tangent to said curve., north 10°00'21" east 49.18 feet; thence north 11'38'29" east 271.35 feet to a curve concave to the west having a radius of 280.00 feet; thence along the arc of said curve, northerly 2 and,northwesterly 242.78 feet, through a central angle of 49040'43' thence north 38102'14" west N 91.38 feet to a curve concave to the south having a radius of 20.00 feet;.thence along the arc of said curve, northwesterly, westerly, and southwesterly 31.42 feet, through a central angle of 9000010011, to a point hereinafter referred to as Point "D"; thence along the prolongation of a radial to said curve, north 38002'14"west 40.00 feet, to the centerline of Wayne Drive; thence along said centerline, north .51057'46" east 15.51 feet; thence leaving said centerline, north 38°02'14" west 57.68 feet, to a non-. tangent curve concave to the northwest having a radius of 20.00 feet to which a radial bears south 68016'11" east; thence along the arc of said curve, northeasterly, northerly and northwesterly 19.95 feet, through a central angle of 57008'54", to a reverse curve concave to the east having a radius of 400.00 feet; thence along the arc of said reverse curve, northwesterly and northerly 257.01 feet, through a central angle of 36048'48'; thence north 1023'43" east 116.42 feet to a curve concave to the west having a radius of 300.00 feet; thence along the arc of said curve, northerly and northwesterly 235.97 feet, through a central angle of 45°04'01'; thence north 43040'18"west 89:02 feet, to a curve concave to the northeast having a radius of 400.00 feet; thence along the arc of said curve, northwesterly, northerly, and northeasterly 510.86 feet, through a central angle of 73010'30", to a reverse curve concave to the west having a radius of 350.00 feet to which a radial bears south 60029'48" east; thence along the arc of said reverse curve, northeasterly and northerly 195.20 feet, through a central angle of 31057'14", to the City of Pleasant Hill boundary; thence non-tangent to said curve, along said boundary, south 89121'33" east 108.80 feet, to a non-tangent curve concave to the west having a radius of 400.00 feet to which a radial bears north 88009'30" east; thence leaving said City boundary, along the arc of said non-tangent curve, southerly and southwesterly 235.79 feet, through a central angle of 33046'28", to a reverse curve concave to the east having a radius of 300.00 feet to which a radial bears north 58004'02" west; thence along the arc of said reverse curve, southwesterly, southerly, and southeasterly 395.86 feet, through a central angle of 75136'16"; thence south 43°40'18" east 89.02 feet to a curve concave to the southwest having a radius of 400.00 feet; thence along the arc of said curve, southeasterly and southerly 314.63 feet, through a central angle of 45004'01"; thence south 1023'43" west 116.42 feet to a curve concave to the east having a radius of 300.00 feet; thence along the arc of said curve, southerly and southeasterly 201.93 feet, through a central angle of 38033'59", to a compound curve concave to the northeast having a radius of 20.00 feet to which a radial bears south 52049'44" west; thence along the arc of said compound curve, southeasterly, easterly, and northeasterly 31.72 feet, through a central angle of 90051'58"; thence north 511157'46" east 9.97 feet; thence south 38002'14" east 80.00 feet to a non-tangent curve concave to the east having a radius of 20.00 feet to which a radial bears north 38002'14"west; thence along the arc of said curve, southwesterly, southerly, and southeasterly 31.42 feet, througF a central angle of 90000'00"; thence south 38002'14" east 91.38 feet to a curve concave to the west having a radius of 395.00 feet; thence along the arc of said curve, southeasterly and southerly 342.49 feet, through a central angle of 49040'43"; thence south 11 1138'29"west 358.34 feet to the Point of Beginning. Containing an area of 243,863 square feet (5.598 acres) of land, more or less. Parcel Four: (Wayne Drive Right of Way) Beginning at Point "D" described in Parcel Three of this document; thence from the Point of Beginning, south 51057'46" west 88.80 feet, to a curve concave to the southeast having a radius of 960.00 feet; thence along the arc of said curve, southwesterly, 144.12 feet, through a central angle of 8°36'06"; thence south 43021'40" west 166.44 feet to a curve concave to the northwest having a radius of 165.00 feet; thence along the arc of said curve, southwesterly and westerly 136.85 feet, through a central angle of 47031'14'; thence north 89°07'06" west 131.55 feet to a curve concave to the 3 southeast having a radius of 40.00 feet; thence along the arc of said curve, westerly, southwesterly,- N' and southerly 62.02 feet, through a central angle of 88050'26", to a point of cusp; thence tangent to 0 said curve, north 2002'28" east 69.20 feet, to the centerline of Wayne Drive; thence along said N► centerline, north 89007'06"west 5.56 feet;-thence.leaving said centerline, north 1055'20" east 70.74 CL feet, to a point of cusp with a tangent curve concave to the northeast having a radius of 40.00 feet; O thence along the arc of said curve, southerly, southeasterly, and easterly 63.56 feet, though a central angle of 91002'26"; thence south 89007'06" east 115.74 feet to a curve concave to the northwest having a radius of 92.00 feet; thence along the arc of said curve, easterly and northeasterly 57.09 feet, through a central angle of 35033'06"; thence non-tangent to said curve, north 43°21'40" east 207.73 feet, to a curve concave to the southeast having a radius of 1,040.00 feet; thence along the arc of said curve, northeasterly 156.13 feet, through a central angle of 81,36'06'; thence north 5105746" east 38.84 feet to a curve concave to the northwest having a radius of 130.00 feet; thence along the arc of said curve, northeasterly and easterly 68.60 feet;through a central angle of 30013'57"; thence non- tangent to said curve, south 38002'14" east.57.68 feet, to the centerline of Wayne Drive; thence along said centerline, south 51057'46"west 15.51 feet; thence leaving said centerline, south 38°02'14" east 40.00 feet, to the Point of Beginning. Containing an area of 52,187 square feet (1.198 acres) of land, more or less. Parcel Five: (Las Juntas Road Right of Way Parcel R-81) A portion of that parcel of land described in the deed to San Francisco Bay Area Rapid Transit District (hereinafter referred to as B.A.R.T.D.) recorded December 21, 1978 in Volume 9155 at page 71,. Official Records of said County, more particularly described as follows: Beginning at the northwest corner of said B.A.R.T.D. parcel (9155 O.R. 71); thence, from the Point of Beginning to which a radial bears north 9009'38" west, along the boundary of said B.A.R.T.D. parcel as follows: 1) easterly 41.27 feet along the arc of a curve, concave to the south, having a radius of 266.50 feet, through a central angle of 8°52'24", 2) north 89042'46" east 148.93 feet, and 3) south 0°15'05" east 10.00 feet; thence leaving said boundary, south 89°42'46" west 111.21 feet; thence north 88034'17"west 79.26 feet to the west line of said B.A.R.T.D. parcel (9155'0.R. 71); thence along said west line, north 4054'55" east 4.46 feet, to the Point of Beginning. Containing an area of 1,765 square feet (0.041 acre) of land, more or less. Parcel Six: (Las Juntas Road Right of Way Parcel R-82) A portion of that parcel of land described in the deed to B.A.R.T.D. recorded October 3, 1984 in Volume 12002 at page 266, Official Records of said County, more particularly described as follows: Beginning at the northwest corner of said B.A.R.T.D. parcel (12002 O.R. 266); thence from the Point of Beginning, along the boundary thereof, north.89042'46" east 248.58 feet and south 0017'24" east 14.55 feet; thence leaving said boundary, north 87053'31" west 108.89 feet; thence south 8904246" west 139.79 feet to the west line of said B.A.R.T.D. parcel (12002 O.R. 266); thence along.said west line, north 0°15'05" west 10.00 feet, to the Point of Beginning. Containing an area of 2,733 square feet (0.063 acre) of land, more or less. 4 J Parcel Seven: (Las Juntas. Road Right of Way, Portion Parcel R-83) A portion of Parcel "A" described in the deed to B.A.R.T.D. recorded November 8, 1965 ire.Volume 4989 at page 138, Official Records of said County, described as follows: N Beginning at Point "C" described in Parcel Two of this document; thence from the Point of Beginning,® north 87053'31" west 153.99 feet, to the west line of said Parcel "A" (4989 O.R. 138); thence along said west line, north 001 T24"west 14.55 feet, to the northwest comer of Parcel "A"; thence along the north line of Parcel "A", north 89°42'46" east 153.86 feet, to the boundary of Parcel Two of this document; thence along said boundary, south 0017'14" east 20.99 feet, to the Point of Beginning. Containing an area of 2,734 square feet (0.063 acre) of land, more or less. Together with the underlying fee interest, if any, appurtenant to the above described Parcels One through Seven, in and to any adjoining streets, alleys, public ways or railroad rights of way. Subject to special assessments, if any, restrictions, reservations, easements, and other matters of record. Bearings are based on the California Coordinate System Zone III (CCS27). These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. AND r - Mei `moo Signature: ..; = - Licensed Land Surveyor Contra Costa County Public.Works Exp. ho. 59s9 Date: l 7--7 7 of I: �E°e LH.-jig g:\cierical\exhibits\treatbl.ex 8/17/99 5 THE BOARD OF.SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, CALIFORNIA rP Adopted this Resolution on September 21, 1999, by the following vote: cp AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DE SAULNIER AND CANCIAMILLA NOES: NONE ABSENT: NONE RESOLUTION NO. RA 99- 09 (Health & Safety Code § 33430) SUBJECT: Conveyance of Surplus Real Property Public Roads in Pleasant Hill BART Station Area W. 0. 4082 Walnut Creek Area The Board of.Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Redevelopment Agency, RESOLVES THAT: Contra Costa County Redevelopment Agency acquired and assembled certain real property for road purposes within the Pleasant Hill BART Station area, as described in Exhibit "A," attached hereto. Various road and frontage improvements have been constructed on said property, which includes portions of Treat Boulevard, Jones Road, Oak Road, Wayne Drive and Las Juntas Road. Said property is DETERMINED to be surplus and no longer necessary for redevelopment purposes and is required by Contra Costa County as part of the County-maintained road system. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to Contra Costa County, pursuant to Health & Safety Code Section 33430, and the Board Chair is hereby AUTHORIZED to execute a Grant Deed on behalf of the Redevelopment Agency conveying said rights to the County. As governing body of Contra Costa County, this Board hereby ACCEPTS said Grant Deed on behalf of the County and DIRECTS the Real Property Division to cause its. delivery to the County Recorder for recording. NW:eh G:lGrpDatalRealPropt 1999-Filesl99-81bart2.doc I hereby certify that this is a true and correct or' g. Dept.: Public Works (R/P) copy of ars action taken and entered on the Contact: Nancy Wenninger(313-2227) cc: Public Works Accounting minutes.of the agency on the date shown. Public Works Records Recorder(via R/P) ATTESTED: September 21, 1999 PHIL BATCHELOR, Agency Secretary By , Deputy RESOLUTION NO. RA 99- 09 r r ► Easement Issues At Project' s Location Exhibit B - 5 111=501 .. Sheet 1 of 2 865'+ R/W 100' IHC R/W { 1.31` 1 1 6.69' 10 34 36 EXISTING DISTRICT KM TRANSIT EASEMENT, PARCEL 14 CORRIDOR Legend DISTRICT Remainin 12' DISTRICT NEW 10' 26 REMAINING EXISTING g EASEMENT AREA DISTRICT EASEMENT Existing Easement 7.69' DISTRICT TO QUITCLAIM 10' BACK TO AGENCY DISTRICT New Easement Area PROPOSED CONTRA COSTA For Future 66-inch S.S. WATER DISTRICT EASEMENT DISTRICT ' To Quitclaim III I Easement Area Back SECTION A-A A To Agency R/W LINE \ ' _. - - - - KINDER MORGAN EASEMENT (KM) Future Tunneling Pit By DISTRICT - (Exact Location Will Be Determined 1 Jones Road By DISTRICT at A Later Dote) THC Parcel 14 n 1 R/W LINE SSA i Or , I Easement Issues At Project ' s Location Exhibit B - 5 1"-50' Sheet 2 of 2 865'± 500'± From Centerline Of Treat Boulevard R/W 100' IHC R/W 1.31' 6.69' 10' 34' 34' EXISTING DISTRICT KM TRANSIT EASEMENT, PARCEL 13 CORRIDOR , WX 12' DISTRICT NEW 8' 26 REMAINING EXISTING l EASEMENT AREA DISTRICT EASEMENT DISTRICT TO QUITCLAIM BACK TO AGENCY 11 t 11 1 • SECTION B-B• - r.. .HC R/W Jones Road - - - — — — _ — .- _ _ - - - - — - - = KINUER� MORGAN EASEMENT (KM) .. ..... .... �. ,.-_ _ •� - Future Tunneling Pit By DISTRICT .Appnox. Project Overlap With (Exact Location Will--Be Deter-rnined : DIST`RICT'S New Easement Area Parcel 13 IHC DISTRICT at at A_.later -Date) _ . - .. .. . ...... .. : .. .. - 1�. .. . 1 r i 1 i : IHC R/W i : • °.: °, Pedestrian Bridge - — -- 4 ' r i F� 1 i New Easement Area Breakdown ,'••too' Exhibit B-6 865'± 510'± From Centerline Of Treat Boulevard Legend a' I: ® DISTRICT New Easement Areo For Future 66-inch S.S. Pic R/w Jones Road Rlwa qac Future Tunneling Pit By DISTRICT utur (Exact Location Will Be Determined Jones Road 1 Locotm 9Wi11`68 GeSierRirCne� By DISTRICT of A Later Date) ---....:.. .• IHC Parcel 13 Ex - -} e - 1HC Parcel 14 - - - — j---�-- If 1141 IIIZIIII1114 Y .1 _ i. NC R/W .. .. - . . .f i .t '�' • I P•Osatrion BriOq•� ..�..-..' . .. ._ ..�... - __ - ... District's New Easement Area Will Be Granted By The Agency And The County As Follows t , Future ! Future Tunneling Pit I Tunneling Pit 865'± 61'± 449'+ Agency County County And Agency 12• 12' County Agency 4•+