HomeMy WebLinkAboutMINUTES - 10111994 - 1.11 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 11, 1994 , by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 94/ 486
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Central Contra Costa
Sanitary District through a portion of Buchanan Field Airport
Work Order No. 4330
Pacheco-Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on September
21, 1961, in Book 3957 at page 591, in the Concord/Pacheco area, for use as a general
aviation facility. The Central Contra Costa Sanitary District has requested an easement
over a portion of said property, described in Exhibit "A" attached hereto, for underground
sewer and reclaimed water pipe lines. This Board FINDS that the conveyance of such
easement is in the public interest and will not substantially conflict or interfere with the
County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to Central Contra Costa Sanitary District, over the property described in Exhibit "A"
attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the County in
consideration for the payment received in full in the amount of$45,000.00.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works (R/P) I hereby certify that this Isatrue andcomirrectcopyot
Contact: Paul Gavey (313-2220)) an action taken and entered on the nutes of the
Board of Super}�gr�oq tly d�ie�s�own.
cc: Public Works AccountingATTESTED: �j,J 3 .- ii
Public Works Records PHIL BATCHELOR,Cierk of the Board
of Supervisors and County Administrator
Grantee (via R/P) ,
Recorder (via R/P) By ,Deputy
PBG:glo
g:lrea1prop\temp\br27CCC.t9
September 27,1994
RESOLUTION NO. 94/ 486
EXHIBIT "A"
Portions of Rancho Monte Del Diablo, county of Contra Costa, state of California
described as follows:
PARCEL ONE (CCCSD Parcel 4879-005-1 )
A strip of land 30 feet wide the centerline of which is described as follows:
Commencing at a standard concrete monument at the intersection of the centerlines
of Marsh Drive and Mobile Drive as shown upon the record of survey filed December
30, 1969 in Book 52 of Licensed Surveyors Maps at page 35 (52 LSM 35), Contra
Costa County records; thence south 1 ° 13' 49" east (south 1 ° 12' 45" east - map
bearing) 558.70 feet along the centerline of Marsh Drive to a standard concrete
monument at an angle point on the centerline of Marsh Drive as shown upon said 52
LSM 35; thence south 81 14' 43" west 1492.45 feet to the POINT OF BEGINNING
hereinafter referred to as Point A being a point on the southerly line of Center Avenue
as shown upon said 52 LSM 35, said southerly line having a bearing of north 821 10'
59" east; thence from said Point A south 41 03' 44" west 436.47 feet to a point
hereinafter referred to as Point B being a point on the easterly line of Willow Street
(66 feet), said easterly line having a bearing of north 70 55' 59" west; thence south
41 03' 44" west 4.32 feet; thence southwesterly along a curve concave to the west
having a radius of 500.00 feet through a central angle of 141 27' 26" a distance of
126.16 feet to a point hereinafter referred to as Point C being a point on the southerly
line of 2nd Avenue South (50 feet), said southerly line having a bearing of north 790
07' 10" east. The sidelines of said 30 foot wide strip of land shall be lengthened or
shortened to terminate in the north at said southerly line of Center Avenue and in the
south at said easterly line of Willow Street.
Containing an area of 13,027 square feet, more or less.
PARCEL TWO (CCCSD Parcels 4879-005-2 and 4879-005-3)
Beginning at hereinabove referenced Point C; thence along the southerly line of 2nd
Avenue South north 79° 07' 10" east 17.14 feet to the beginning of a non-tangent
curve concave to the northwest having a radius of 515.00 feet, a radial of said curve
to said beginning of curve bears south 721 25' 00" east; thence leaving said
southerly line southwesterly along said curve through a central angle of 120 30' 04"
a distance of 112.37 feet; thence south 300 05' 04" west 198.12 feet; thence
southeasterly along a tangent curve concave to the east having a radius of 535.00
feet and a central angle of 381 36' 07" a distance of 360.45 feet; thence south 8°
31 ' 03" east 118.93 feet; thence south 81 ° 29' 10" west 19.97 feet; thence south
221 48' 30" west 264.30 feet; thence south 220 11 ' 30" east 14.14 feet; thence
south 221 48' 30" west 40.00 feet; thence south 700 52' 47" west 72.47 feet to
the easterly line of State Highway 680; thence along said easterly line north 101 50'
14" west 15.16 feet to a point hereinafter referred to as Point D, said Point D bears
north 100 50' 14" west 105.41 feet from the southerly terminus of the line shown
on the CALTRANS R/W Record Map R-17.38 as N10050'14"W 294.69; thence
continuing along said easterly line north 100 50' 14" west 50.53 feet; thence leaving
said easterly line north 701 52' 47" east 67.62 feet; thence north 221 48' 30" east
292.87 feet; thence north 80 31' 03" west 77.70 feet; thence northeasterly along
a tangent curve concave to the east having a radius of 565.00 feet and a central
_J C.
w Ho. 5265 1
of caO
A.P. 125-010-018 4879-5.PRM Exhibit A Page 1 of 2
October 8, 1993
A ~ r
angle of 380 36' 07" a distance of 380.66 feet; thence north 300 05' 04" east
198.12 feet; thence northeasterly along a tangent curve concave to the west having
a radius of 485.00 feet and a central angle of 100 33'42" a distance of 89.40 feet
to said southerly line of 2nd Avenue South; thence along said southerly line north 791
07' 10" east 17.30 feet to said Point C and the point of beginning.
Containing an area of 37,302 square feet, more or less.
Bearings and distances for the above descriptions are based on the California State
Plane Coordinate System (1927), Zone 3.
coq LAND SU
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No. 5265
C-xP. 2.3 -95
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A.P. 125-010-018 4879-5.PRM Exhibit A Page 2 of 2
October 8, 1993
Recorded at the request of.
Cental Contra Costa Sanitary District C of
After recording return to:
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez,CA 94553
Attention:
APN: 125-010-018
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY, a political subdivision of the State of California, hereinafter called COUNTY
hereby grants to Central Contra Costa Sanitary District, a special district of the State of
California, hereinafter called GRANTEE, an exclusive subsurface and a nonexclusive
surface perpetual easement and right of way to construct, install, alter, operate, inspect,
maintain, repair and replace in the original or any other size such sewerline or lines and
such reclaimed waterline or lines and appurtenances thereto in such sizes and
configurations as the Grantee deems necessary within, upon, over, and through all that
real property situated in the County of Contra Costa, State of California, described as
follows:
FOR DESCRIPTION SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND
MADE A PART HEREOF.
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never
to assail or resist said title.
2. COUNTY reserves its prior rights to use the surface of any and all of said lands for
public purposes. COUNTY's use of the surface shall not unreasonably interfere
with GRANTEE's use of the easement. GRANTEE's use of this easement and the
exercising of any rights hereunder shall, not unreasonably interfere with COUNTY's
use of said lands.
3. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or
reconstruct its facilities without first obtaining the prior approval of its plans by
COUNTY.
4. Any and all COUNTY facilities, pavement, landscaping or miscellaneous improve-
ments, 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. In the event GRANTEE fails so to do, said work
may be performed by COUNTY at the expense of GRANTEE, which expense
GRANTEE agrees to pay to COUNTY promptly upon demand, including
engineering costs and any legal fees incurred to collect said costs.
5. GRANTEE agrees that COUNTY assumes no responsibility for the construction,
maintenance or repair of GRANTEE's facilities resulting from COUNTY's operations
and use of said land, except in the event of COUNTY's negligence or willful
misconduct.
6. Nothing herein contained shall be construed to prevent COUNTY from granting
other surface easements over said lands or using said surface lands for any and
all purpose, provided, however, that COUNTY shall not unreasonably prevent or
obstruct GRANTEE's easement rights hereunder.
7. GRANTEE shall defend, indemnify, save, protect and hold harmless the COUNTY,
its agents and employees, of and from any and all claims, demands, costs,
damages, losses, and liability for any damages, injury or death, including inverse
condemnation, arising from the exercise by GRANTEE of the rights herein granted
to it, including reasonable attorney's fees.
8. In the event GRANTEE shall elect to abandon the easement hereby granted or
uses the easement for other than the purposes 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 COUNTY or its successors.
Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon
request by COUNTY, and at GRANTEE's sole cost and expense, abandon all its
facilities in accordance with GRANTEE's standard specifications and restore said
property to a condition equivalent to or better than original condition. Upon failure
of GRANTEE so to do, said work may be performed by COUNTY at GRANTEE's
expense, which expense GRANTEE agrees to pay to COUNTY upon demand.
GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard.
9. No rights granted hereunder shall be transferred or assigned without the prior
written consent of COUNTY.
10. This easement is granted subject to recorded encumbrances, licenses, leases,
easements, restrictions, conditions, covenants, liens, claims of title, and restrictions
of record and any prior recorded rights held by others within said land, against
which no warranty is made, and the word "grant" shall not be construed as a
covenant against the existence of any hereof. GRANTEE shall defend, indemnify,
save, protect and hold harmless County, its agents, officers and employees, from
any claim, action or proceeding to attack, set aside, void or annul this easement.
11. Nothing herein contained shall be deemed to construe that access or other
secondary rights are conveyed by this document over any of COUNTY's adjacent
lands lying outside of the aforesaid strip of land above described.
12. This indenture and all of the covenants herein contained shall inure to thebenefit
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
Terms&Conditions Accepted:
CONTCOSTA COUNTY CENTRAL CONTRA COSTA
SANITARY DISTRICT
By:
Cha , oard of Supervisors
STATE OF CALIFORNIA ) By:
COUNTY OF CONTRA COSTA )
On October 11, 1994 before me,
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator,Contra
Costa County,personally appeared
Thomas M. Powers
who is personally known to me(or proved to me
on the basis of satisfactory evidence)to be the
person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their
signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted,
executed the instrument.
By: eat." id.:-L c,
Deputy Clerk
PBG:9b
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Sep0mbe!1993
EXHIBIT "A"
Portions of Rancho Monte Del Diablo, county of Contra Costa, state of California
described as follows:
PARCEL ONE (CCCSD Parcel 4879-005-1)
A strip of land 30 feet wide the centerline of which is described as follows:
Commencing at a standard concrete monument at the intersection of the centerlines
of Marsh Drive and Mobile Drive as shown upon the record of survey filed December
30, 1969 in Book 52 of Licensed Surveyors Maps at page 35 (52 LSM 35), Contra
Costa County records; thence south 10 13' 49" east (south 10 12' 45" east - map
bearing) 558.70 feet along the centerline of Marsh Drive to a standard concrete
monument at an angle point on the centerline of Marsh Drive as shown upon said 52
LSM 35; thence south 8° .14' 43" west 1492.45 feet to the POINT OF BEGINNING
hereinafter referred to as Point A being a point on the southerly line of Center Avenue
as shown upon said 52 LSM 35, said southerly line having a bearing of north 820 10'
59" east; thence from said Point A south 40 03' 44" west 436.47 feet to a point
hereinafter referred to as Point B being a point on the easterly line of Willow Street
(66 feet), said easterly line having a bearing of north 71 55' 59" west; thence south
40 03' 44" west 4.32 feet; thence southwesterly along a curve concave to the west
having a radius of 500.00 feet through a central angle of 140 27' 26" a distance of
126.16 feet to a point hereinafter referred to as Point C being a point on the southerly
line of 2nd Avenue South (50 feet), said southerly line having a bearing of north 791
07' 10" east. The sidelines of said 30 foot wide strip of land shall be lengthened or
shortened to terminate in the north at said southerly line of Center Avenue and in the
south at said easterly line of Willow Street.
Containing an area of 13,027 square feet, more or less.
PARCEL TWO (CCCSD Parcels 4879-005-2 and 4879-005-3)
Beginning at hereinabove referenced Point C; thence along the southerly line of 2nd
Avenue South north 790 07' 10" east 17.14 feet to the beginning of a non-tangent
curve concave to the northwest having a radius of 515.00 feet, a radial of said curve
to said beginning of curve bears south 720 25' 00" east; thence leaving said
southerly line southwesterly along said curve through a central angle of 120 30' 04"
a distance of 112.37 feet; thence south 300 05' 04" west 198.12 feet; thence
southeasterly along a tangent curve concave to the east having a radius of 535.00
feet and a central angle of 380 36' 07" a distance of 360.45 feet; thence south 80
31' 03" east 118.93 feet; thence south 810 29' 10" west 19.97 feet; thence south
220 48' 30" west 264.30 feet; thence south 220 11' 30" east 14.14 feet; thence
south 220 48' 30" west 40.00 feet; thence south 700 52' 47" west 72.47 feet to
the easterly line of State Highway 680; thence along said easterly line north 100 50'
14" west 15..16 feet to a point hereinafter referred to as Point D, said Point D bears
north 100 50' 14" west 105.41 feet from the southerly terminus of the line shown
on the CALTRANS R/W Record Map R-17.38 as N10050'14"W 294.69; thence
continuing along said easterly line north 100 50' 14" west 50.53 feet; thence leaving
said easterly line north 700 52' 47" east 67.62 feet; thence north 220 48' 30" east
292.87 feet; thence north 80 31' 03" west 77.70 feet; thence northeasterly along
a tangent curve concave to the east having a radius of 565.00 feet and a central
1.AN D 4rG
A.
� G
W No. 5265
��. t2•'lt-95
r9lF OF CAL�E���\P
A.P. 125-010-018 4879-5.PRM Exhibit A Page 1 of 2
October 8, 1993
angle of 380 36' 07" a distance of 380.66 feet; thence north 300 05' 04" east
198.12 feet; thence northeasterly along a tangent curve concave to the west having
a radius of 48,5.00 feet and a central angle of 100 33'42" a distance of 89.40 feet
to said southerly line of 2nd Avenue South; thence along said southerly line north 790
07' 10" east 17.30 feet to said Point C and the point of beginning.
Containing an area of 37,302 square feet, more or less.
Bearings and distances for the above descriptions are based on the California State
Plane Coordinate System (1927), Zone 3.
LAND SU9
A.
No. 5265 Z
EtcP. ).•3 •95
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A.P. 125.010-018 4879-5.PRM Exhibit A Page 2 of 2
October 8, 1993
EXHIBIT "B"
CENTRAL CONTRA COSTA SANITARY DISTRICT
RIGHT OF WAY MAP for SEWER
MOBILE DR
wl
MIC. Vl
LO
4 V
N
FUTURE
3 I_ ROAD
WIDENING
00
I PT. "A"
I NB2° 10'59"E
CENTER AVE c66') I
III
—alI 30'
15,--I `"�--15'
I (
I��
IV)i A.P. 125-010-018
No. R A L Bearings Dist. I PARCEL
1 N79°07'10"E 17.14' I I ONE
2 515.00' 12°30'04" 112.37' y J
19 485.00' 10°33'42" 89.40'
20 N79°07'10"E 17.30' i
21 SO4°03'44"W 1 4.32' PT. B. J
21 i-
I I 1ROL LINE
R-500' ( SURREY CON
6.14°27'26"
L-126.16' ,p7 10"E
PT. "C" 1 1479
c5 20 �
0 ,L EXIST. C.C.C.S.D.
SO. SEWER EASEMENT
A
2ND V E 19 / \ 11486 OR 138
FUTURE DIAMOND / 2 \
BLVD EXTENSION
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• EXHIBIT "B„
CENTRAL CONTRA COSTA SANITARY DISTRICT
RIGHT OF WAY MAP for SEWER
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