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HomeMy WebLinkAboutMINUTES - 10111994 - 1.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 11, 1994 by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT RFFFRFN(_F GRANTOR AREA Consent to Offer MS 11-91 Pacific Bell Walnut Creek of Dedication for Roadway Purposes Consent to Offer MS 11-91 PG &E Walnut Creek of Dedication for Roadway Purposes ==ff�eretry certify that this is a true and Correct eopy of and takI SuPen�and entered on the minutes of the Board p � oi tF�e dat19 xhown. PHIL BATCHELOR,clerk of the Board Of Supervisors and County Administrator gy 4JIM,' Oeputy Contact: Rich Lierly : 313-2348 Originator: Public Works (ES) cc: Recorder (via Title Co.) then PW Records Director of Community Development RL:cl Bol l.t10 41r- CONSENT TO DEDICATION 'Q Y PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, hereinafter referred to as "Pacific" being the owner in possession of the easement described as follows: i The rights described in the grant deed from Thomas F. Leverton and Sally Leverton, husband and wife to Pacific, dated September 30, 1949, and recorded in Book 1469 of deeds at page 89, Contra Costa County Records (Pacific's Document No. 2301-02-0201) . HEREBY CONSENTS to the dedication as a public road that portion thereof included within said easement, which said portion shall be an area of common use described as follows: The area shown by the heavy dashed line and designated "Location of Common Use" on the Exhibit "A" attached hereto and made a part hereof. WHICH CONSENT shall be effective. only upon the filing in the office of the County Recorder for Contra Costa County of the Parcel Map entitled Subdivision MS 11-91, and upon acceptance by said County of said offer of dedication, and is hereby made subject to the provisions contained in the "Consent to Dedication and Common Use Agreement" entered into between PACIFIC and the COUNTY OF CONTRA COSTA on April 5, 1960, and recorded in the office of the County Recorder for said County in Volume 3626 at page 187 of Official Records (M.A. 0057) , which provisions are incorporated herein and made a part hereof as though fully set forth herein. IN WITNESS WHEREOF, PACIFIC has executed these presents this 1ST day of Veee-r wl-sem✓' 199 -Z-. PACIFIC ELECTRIC COMPANY By J. ung RQ nera Ser ices Manager EAST BAY T.1S. R.2W. SECTION 3 NE/4 OF NE/4 M.D.B.& M. 92-11-259 9211259.CND T. 1 S R. 2W. SECTION 3 NE1 /4 OF THE NE1 /4 DETAIL EXHIBIT " A ') TOCR F f i LOCATION OF COMMON USE EXISTING PG&E EASEMENT 1469 0. R. 89 , LD# 2301 -02-0201 R/W 2247A SEE DETAIL ; ' 1 . 0/y W o �O RNAREA DEDICATED TO — }CONTRA COSTA COUNTY Li FOR ROADWAY PURPOSES Q J r WP Ari r)(" � (L MAP � W 1- SU BD J v J S J ON MS 1 J 9 J r a O PROPERTY LINE � r + wr c \ c � n EXISTING PG&E EASEMENT 1495 0. R. 570 LD# 2301 -02-0202 R/W 2306A - b SO NO.: CONSENT TO DEDICATION R N• EAST BAY DISK NO. :JAB/3 DIVISION: _ OSGN. : MONTECELLO DRIVE COUNTY: CONTRA C oWN. : JAB WALNUT CREEK APN: 188-021-0 CHKD.: HJG SHEET N0. 1 OF 1 SHE REF: DRAWING NO. R DATE: 12-11-92 PAC I F I C GAS AND ELECTRIC COMPANY 92-11-259 SCALE: 1-=30' SAN FRANC I SCO, CALIFORNIA 6'®, Area/Dist. : VyQ/004 �;ee K A6i f'�PA W 1Tw Road: MGNTioCLLC• ni-.vG Co. Road No. 414-1 Proj ect: M.S. l t-g i Assessor's No. t Sf> - o -UC, CONSENT TO OFFER OF DEDICATION OF PUBLIC ROADS - SUBDIVISIONS 1. Pacific Bell (herein after referred to as "Owner") owns two easements described as follows: (1) That certain easement from Thomas F. Leverton and Sally Leverton, 'husband and wife to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, a California Corporation recorded in Book 1469 at page 89 in the Office of the Recorder of Contra Costa County described as follows: That certain parcel of land, situate in Rancho San Ramon, conveyed by Paul Nave etal to Thomas F. Lever- ton etux by deed dated June 24, 1947 and recorded in the Office of the County Recorder of said County of Contra Costa in Volume 1102 of Official Records at Page 303. The route of said line of poles across said premises shall be as follows, via: Part I - Beginning at the northeast corner of said premises and running thence along the northerly_ bound- ary line of said premises north 87058' west 70.69 feet to a point called "A" thence continuing 87058' west 200.0 feet to a point in said premises. Part II Beginning at point "A" and running thence south 67011' east 75.6 feet, more or less, to a point in the easterly boundary line of said premises. (2) That certain easement from Thomas F. Leverton and Sally Leverton, husband and wife to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, a California Corporation and re- corded in Book 1495 at page 570 in the Office of the Recorder of Contra Costa County, described as follows: That certain parcel of land, situate in Rancho San Ramon, conveyed by Paul Nave, et al, to Thomas F. Leverton, et ux, by deed dated June 24 , 1947 and re- corded in the Office of the County Recorder of said County of Contra in Volume 1102 of Official Records at Page 303 The route of said line of poles shall be as follows, via: Beginning at the southeast corner of said premises and running thence north 87058' west, along the southerly boundary line of said premises, 320.42 feet to a point in said southerly boundary line. on the Parcel Map Subdivision MS 11-91 filed on , 19_, in Book of (Parcel) Maps at page , Contra Costa County Records. 2 . Owner hereby consents to the offer of dedication to Contra Costa County and its successor(s) or assign(s) , pursuant and sub- ject to the terms and conditions of the General Common Use Agree- ment between The Pacific Telephone and Telegraph Company and the County of Contra Costa dated February 14, 1961, which terms and provisions are by this reference incorporated herein, as a public road of the portion(s) of street(s) shown on said map included within said easement of Owner. 3. Owner hereby further irrevocably offers to consent to the resulting dedication thereof which consent shall be effective only upon said actual resulting dedication and is subject to the following conditions: A. Owner's rights in said easement (to construct, reconsruct, maintain, and operate facilities owned by said Owner) shall not be impaired, restricted, or encroached upon without the owner's consent. B. Owner hereby agrees to conform to the provisions of Title 10 of the County Ordinance Code as amended from- time to time, as to matters relating to Owner's obtaining permits for the construction, maintenance, and repair of Owner's facilities situated within the public streets, safety precautions, and the repair of public streets due to the presence of Owner's facilities or work thereon; provided, however, that Owner shall not, by this consent and agreements herein, be obligated to bear the cost of relocating or removing any of said facilities at the request of the County. C. Owner further agrees that any future conveyance of its rights in said easement to another party shall be made subject to the conditions herein above stated. Dated this 19th day of November, 1992. PACIFIC BELL, a California corporation G. D. WEBB, anager-Right or Way STATE OF CALIFORNIA } }SS. COUNTY OF CONTRA COSTA ) On this 17th day of November, 1992, before me Bonnie A Phil- lipo, a Notary Public of the State of California, duly commis- sioned and sworn, personally appeared, G. D. Webb, personally known to me to be the person who executed the within instrument as Manager - Right of Way, on behalf of Pacific Bell, the cor- poration that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal BONNIE A.PHIWPO C�0 tCCOyAMM.#953545 My C,onrr�COSTACOUNIV Wlo�Expiwt .Aon�aryZ0.1996 C�})ti►a..v t.♦C` Notary Public in and For Said State FILE: MONTECIL.0 c 6y y / LACE 0ti ✓ Area/Dist. : CLI/OU4 Cf-e& Ki�VA W ITi-•I Road- ��~ Co. Road No. 41A-1 MAI? Project: Wi. lf--cl i Assessor's No. : i CONSENT TO OFFER OF DEDICATION OF PUBLIC ROADS - SUBDIVISIONS 1. Pacific Bell (herein after referred to as "Owner") owns two easements described as follows: (1) - That certain easement from Thomas F. Leverton and Sally Leverton, 'husband and wife to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, a California Corporation recorded in Book 1469 at page 89 in the Office of the Recorder of Contra Costa County described as follows: That certain parcel of land, situate in Rancho San Ramon, conveyed by Paul Nave etal to Thomas F. Lever- ton etux by deed dated June 24, 1947 and recorded in the Office of the County Recorder of said County of Contra Costa in Volume 1102 of Official Records at Page 303. The route of said line of poles across said premises shall be as follows, via: Part I - Beginning at the northeast corner of said premises and running thence along the northerly_ bound- ary line of said premises north 87058' west 70.69 feet to a point called "A" thence continuing 87058' west 200. 0 feet to a point in said premises. Part II - Beginning at point "A" and running thence south 67011' east 75.6 feet, more or less, to a point in the easterly boundary line of said premises. (2) That certain easement from Thomas F. Leverton and Sally Leverton, husband and wife to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, a California Corporation and re- corded in Book 1495 at page 570 in the Office of the Recorder of Contra Costa'-County, described as follows: That certain parcel of land, situate in Rancho San Ramon, conveyed by Paul Nave, et al, to Thomas F. Leverton, et ux, by deed dated June 24 , 1947 and re- corded in the Office of the County Recorder of said County of Contra in Volume 1102 of Official Records at Page 303 The route of said line of poles shall be as follows, via: Beginning at the southeast corner of said premises and running thence north 87058' west, along the southerly boundary line of said premises, 320.42 feet to a point in said southerly boundary line. on the Parcel Map Subdivision MS 11-91 filed on , 19_, in Book of (Parcel) Maps at page Contra Costa County Records. 2 . Owner hereby consents to the offer of dedication to Contra Costa County and its successor(s) or assign(s) , pursuant and sub- ject to the terms and conditions of the General Common Use Agree- ment between The Pacific Telephone and Telegraph Company and the County of Contra Costa dated February 14, 1961, which terms and provisions are by this reference incorporated herein, as a public road of the portion(s) of street(s) shown on said map included within said easement of Owner. 3 . Owner hereby further irrevocably offers to consent to the resulting dedication thereof which consent shall be effective only upon said actual resulting dedication and is subject to the following conditions: A. Owner's rights in said easement (to construct, reconsruct, maintain, and operate facilities owned by said Owner) shall not be impaired, restricted, or encroached upon without the owner's consent. B. Owner hereby agrees to conform to the provisions of Title 10 of the County Ordinance Code as amended from time to time, as to matters relating to Owner's obtaining permits for the construction, maintenance, and repair of Owner's facilities situated within the public streets, safety precautions, and the repair of public streets due to the presence of Owner' s facilities or work thereon; provided, however, that Owner shall not, by this consent and agreements herein, be obligated to bear the cost of relocating or removing any of said facilities at the request of the County. C. Owner further agrees that any future conveyance of its rights in said easement to another party shall be made subject to the conditions herein above stated. Dated this 19th day of November, 1992. PACIFIC BELL, a California corporation G. D. WEBB, anager-Right o Way STATE OF CALIFORNIA } )SS. COUNTY OF CONTQA COSTA ) On this 17th day of November, 1992, before me Bonnie A Phil- lipo, a Notary Public of the State of California, duly commis- sioned and sworn, personally appeared, G. D. Webb, personally known to me to be the person who executed the within instrument as Manager - Right of Way, on behalf of Pacific Bell, the cor- poration that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal �,. , BONNIE A.PHIIIIPO e- COMM.#953545 Notary CONTRA COSTA COUNTY = T2Q. ' I Notary Public in and For Said State FILE: MONTECIL.0