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Home My WebLink AboutMINUTES - 01111994 - 1.22 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JANUARY 11, 1994 SUBJECT: SANITARY SEWER EASEMENT AT HAP MAGEE PARK - ALAMO/DANVILLE AREA W.O. No.: 5143 Task: ACID Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the conveyance of a sewer easement from the Contra Costa County Public Facilities Corporation to the Central Contra Costa Sanitary District and RECOMMEND that the Corporation execute said easement. II. Financial Impact: None. III. Reasons for Recommendations and Background: On April 20, 1993, the Board of Supervisors approved a license agreement between the East Bay Regional Park District,the Contra Costa County Public Facilities Corporation and the County for an access easement to Magee Park as part of the Las Trampas-Mt. Diablo Recreational Trail. In order to construct a bridge across San Ramon Creek for the passage of pedestrians, equestrians and bicycles, the Park District must move an existing sewer pipe to a new location underneath the bridge. The Park District has requested that the Public Facilities Corporation convey an easement to the Sanitary District for the construction and maintenance of the new pipe. The Public Facilities Corporation requires the approval of the document by the Board of Supervisors before executing the easement. IV. Consequences of Negative Action: The Sanitary District will not, have sufficient land rights for the relocation of its sewer pipe. Continued on Attachment: SIGNATURE: & C _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 111994 APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT T1 ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy ?f NW: 10 an action taken and entsied on the minutes of tns g Board of Supervisors on the date t shown. r c:BOa4.tl ATTESTED: ,IAN I I�4 Orig. Div: Public Works (R/P) PHIL BATCHELOR,Cierk of the Board Contact: Nancy Wenninger (313-2227) of Supervisors and County Administrator cc: County Administrator BY ��?a,,Q �,� ,� -,Deputy P. W. Accounting Recorded at the request of: / ,.., Central Contra Costa Sanitary District v After recording return to: Central Contra Costa Sanitary District 5010 Imhoff Place Martinez, CA 94553 A portion of 197-070-011 GRANT OF EASEMENT CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a nonprofit public benefit corporation, hereinafter called GRANTOR, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called GRANTEE, a nonexclusive easement for the purpose of installing, constructing, reconstructing, removing, replacing, repairing, maintaining, operating, and using a sanitary sewer pipe or sewer pipelines and all necessary appurtenances thereto, in, under, along, and across the following described real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges GRANTOR's title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction or installation within the subject easement area, submit specific plans and specifications to GRANTOR for review and approval. Such approval, together with any additional requirements, is to be in the form of a written permit. 3. Except in the case of emergency repairs, GRANTEE shall not relocate or modify its facilities without first obtaining the prior approval of its plans by GRANTOR. 4. Any and all of GRANTOR's facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. GRANTOR shall not plant any trees or construct any permanent structures other than the bridge in the easement area. In the event GRANTEE fails to restore said area, said work may be performed by GRANTOR at the expense of GRANTEE, which expense GRANTEE agrees to pay to GRANTOR promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 5. GRANTEE agrees that GRANTOR assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from GRANTOR's non- negligent operations and use of said land. GRANTOR agrees to take all reasonable precautions when working in the easement area to prevent damage to GRANTEE's facilities. 6. Nothing herein contained shall be construed to.prevent GRANTOR from granting other easements over said lands or using said lands for any and all purpose, provided, however, that GRANTOR shall not prevent or obstruct GRANTEE's easement rights hereunder. 7. GRANTEE agrees to defend, indemnify and hold harmless the GRANTOR, its agents and employees, of and from any and all claims, demands, costs, damages, losses, actions, causes of action or judgments which GRANTOR may pay or be Page 1 of 2 required to pay by reason of any damage, including inverse condemnation, injury or death to any person or property suffered by any person, firm or corporation as a result of the exercise by GRANTEE of the rights herein granted to it. 8. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event GRANTEE abandons any of its facilities or fails to use the easement for the purpose for which it is granted, then all rights of GRANTEE in and to said lands shall hereupon cease and terminate and title thereto shall immediately revert to and vest in the GRANTOR or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by GRANTOR, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said property to its original condition. Upon failure of GRANTEE so to do, said work may be performed by GRANTOR at GRANTEE's expense, which expense GRANTEE agrees to pay to GRANTOR upon demand. As an option, GRANTEE may abandon its facilities in place upon written approval from GRANTOR. GRANTEE shall execute any Quitclaim Deeds required by GRANTOR in this regard. 9. No rights granted hereunder shall be transferred or assigned without the prior written consent of GRANTOR. 10. This easement is granted subject to encumbrances and restrictions of record and any prior rights held by others within said land, against which no warranty is made. 11. The easement granted herein includes incidental rights of maintenance, repair and replacement of said sewer lines and appurtenances together with the free right of ingress and egress over and across the remaining portion of the Grantor's property, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein. 12. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of , 19 CONTRA COSTA COUNTY CENTRAL CONTRA COSTA PUBLIC FACILITIES CORPORATION SANITARY DISTRICT By By President of the Board of Directors Central Contra Costa Sanitary District By County of Contra Costa State of California COUNTERSIGNED: By Secretary of the Central Contra Costa Sanitary District County of Contra Costa State of California Approved as to Form: District Counsel NW:glo c:EA7CCCSDA11 November 30, 1993 Page 2 of 2 PROPERTY DESCRIPTION FOR THE PURPOSE OF A SANITARY SEWER EASEMENT An easement over all that real property situate in the County of Contra Costa, State of California, described as follows: A portion of the Rancho San Ramon, described as follows: COMMENCING at the point of intersection of the easterly line of the County Road, known as Danville Boulevard, between the City of Walnut Creek and the Town of Danville, with the southerly boundary line of the property known as the "Ford Tract" in the Rancho San Ramon, said point also being on the northerly boundary line of that certain parcel of land particularly described in that certain Deed executed August 23, 1927 by Josiah Boucher and Ada Boucher,his wife,to Fred H. Van, recorded in Volume 93 of Official Records, Page 199, Records of Contra Costa County, California;thence from said point of commencement, along the southerly boundary of said "Ford Tract," North 47°30'East, 488.00 feet to the TRUE POINT OF BEGINNING; thence at right angles to said southerly boundary, North 43°30' West, 12.0 feet to the southeastern line of a certain 10 foot wide sanitary sewer easement as described in Book 5578 of Official Records, Page 430, Recorded March 12, 1968, Records of Contra Costa County, California; thence along said southeastern line, northeasterly to its terminus in the center of San Ramon Creek, thence; southwesterly along the center of said creek to said southerly boundary line of said "Ford Tract"; thence along said southerly boundary line, southwesterly to the TRUE POINT OF BEGINNING. Subject to Easements of Record Joel A. Garcia 5285 Exp. 12/95 C. ti;,. OF RIGHT of WAY MAP for SEWER ci o� �Q y .O.B. 10' S.S.E. 5578 OR 430 \ 4zs OUTH LINE "FORD TRACT" 0 /,9 l� OG !E` DRAWN BY CHECKED BY THOMAS BRO. JOB �v �: 6A�eifJ 7 to y�� SCALE a, DATE CO. ASSMT. NO. PARCEL / - /�a /�y i 197-676-a��