HomeMy WebLinkAboutMINUTES - 12191995 - C15 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 19, 1995, by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 95/ 626
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Pacific Bell
Contra Costa County - Byron Airport
Project No. 4861-6X5343
Byron Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County has acquired real property in the Byron area for the Contra
Costa County-Byron Airport. Pacific Bell has requested an easement over a portion of
said property, described in Exhibit "A" attached hereto, for underground utility service to
County-owned facilities. 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 said
easement to Pacific Bell, over the property described in Exhibit "A" attached hereto,
pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHO-
RIZED to execute the Easement on behalf of the County.
The Real Property Division is DIRECTED to cause said Easement to be delivered
to the grantee.
Orig. Dept.: Public Works(R/P)
Contact: Roger Frost (510) 313-2223
cc: Public Works Accounting �1ro�sbf►°0rtlen and telsatruetnAeerteete=
an acdon taken end entered on the minutee
Public Works Records eoerd of SupwWwa an the date s1Om
Grantee (via R/P) ATTESTED: December 19, 1995
Recorder(via R/P)
PHIL
Ut e BATCHELOR.
so&M County oAdtm Board
Airport
gy .Deputy
RF:glo
g:\re a l p ro p\te m p\b r2719.t 11
RESOLUTION NO. 95/626
THIS SPACE FOR RECORDER'S USE
CF0057B R/W-UG f '
WHEN RECORDED RETURN TO:
PACIFIC BELL
2600 CAMINO RAMON, ROOM 1 N65OG
SAN RAMON, CA 94583
ATTN: CINDY VOWELL
NO DOCUMENTARY TRANSFER TAX DUE
BY:
PACIFIC BELL RIGHT OF WAY ADMIN.
FILE: WF8135G
APN: 001-011-0138 GEO: WF-42 BRWD 11 & 12
R/C: 4C LOC: SECTION 22 TIS R3 W M.D.M.
JOB: WF8135X
GRANT OF EASEMENT
The undersigned Grantors hereby grants to PACIFIC BELL, its associated and allied companies, its and
their res ective successors, assigns, lessees and agents (hereinafter collectively called Grantees), an
eaosemen "f0 construct and maintain (place, operate, inspect, repair, replace and remove) such
underground communication facilities as Grantees may from time to time require (including ingress
thereto and egress therefrom) consisting of wires, cables, conduits, manholes, handholes and
aboveground markers, pedestals, terminal equipment cabinets, other associated electrical conductors
and necessary fixtures and appurtenances in, under and along that certain real property in the
unincorporated area of the County of Contra Costa, State of California, described as:
That portion of that certain real property described in the document entitled Final
Judgment - Action in Eminent Domain, Case No. C89-03261, between the County of
Contra Costa, a political subdivision, Plaintiff, and Maria L. Coelho, et al.,
Defendants, dated November 6, 1990 and recorded in the Office of the Recorder of
the County of Contra Costa, State of California, on November 7, 1990 in Book 16234
of Official Records at Page 736, described as follows:
A strip of land 10.00 feet in width within a portion of the east one-half of Section 22,
Township 1 South, Range 3 East, Mount Diablo Meridian, the centerline of which is
described as follows:
Commencing at the southeast corner of said Section 22 (T.1 S., R.3E., M.D.M.);
thence,North 120 17' 45" West 77.72 feet to the Point of Beginning; thence, from the
Point of Beginning, North 1° 01' 40" West 1,245.67 feet; thence North 19° 36' 45"
West 120.00 feet; thence North 43° 33' 34" West 1,040.00 feet; thence North 45° 17'
14"East 585.20 feet; thence North 42° 06' 30"East 502.36 feet to a point which bears
North 6° 44' 38" West 321.83 feet from the East one-quarter corner of said Section
22, said point being the terminus of the centerline of said 10.00 feet in width strip of land.
Bearings are based on the California Coordinate System Zone III (CCS27).
See Exhibit "A', attached hereto and made a part hereof.
This legal description was prepared pursuant to Section 8730c of the Business and
Professions Code.
1. The Grantee agrees that said facilities shall be laid down and constructed in
accordance with plans and specifications subject to the approval of the County
Public Works Department and the Grantee.
2. The Grantor reserves the right to use all of said property for public purposes
including, but not limited to roads, paving, parking, aprons, runways, and minor
landscaping. However, the Grantor and the Grantor's heirs, successors or assigns
shall not place nor permit to be placed on said right of way any building or large
trees.
The word "building' as used herein shall include all permanent structures that are
used for storage of property or occupation by persons which may interfere with the
full enjoyment by the Grantee of the rights herein granted.
3. The Grantee agrees upon the completion of any of its work hereunder to restore as
near as possible, the surface of the ground or any improvements to the conditions
in which it was prior to the commencement of said work.
4. This grant is made subject and subordinate to the prior and continuing right and
obligation of Grantor, its successors and assigns, to use all the property described
herein in the performance of its duty to maintain and operate a public airport,
pursuant to existing and future agreements with the United States of America, and
for that purpose, there is reserved unto Grantor, its successors and assigns, the
right (consistent with the rights herein granted) to construct, reconstruct, maintain
and use existing and future airport facilities and appurtenances, and expressly
includes the following terms, conditions and reservations:
(a) There is hereby reserved to the Grantor, its successors and assigns, for the
use and benefit of the public, any and all right of flight for the passage of
aircraft in the airspace above the surface of the easement herein conveyed,
together with the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now or hereafter used for navigation of
or flight in the air, using said airspace for landing at, taking off from, or
operating on East County (Byron) Airport.
(b) Grantee expressly agrees for itself, its successors and assigns, and that it
shall not erect or permit the creation of any above ground structure or object,
except as provided for herein, nor plant or permit to be planted any tree on
the easement conveyed herein.
In the event the aforesaid covenant is breached, the Grantor reserves the
right to enter on the easement conveyed hereunder and to remove the
offending structure or object and to cut the offending tree, all of which shall
be at the expense of the Grantee.
(c) Grantee, by accepting this conveyance, agrees for itself, its successors and
assigns, that it shall comply with all statutes, laws, ordinances, rules and
regulations and all Federal agreements governing East County (Byron)
Airport insofar as they apply to the facilities herein and within the airport
area and that it shall not make use of the said property in any manner which
might interfere with the landing and taking off of aircraft from said East
County (Byron) Airport or otherwise constitute an airport hazard.
In the event the aforesaid covenant is breached, the Grantor reserves the
right to enter on the land conveyed hereunder and cause the abatement of
such interference or hazard at the expense of the Grantee.
(d) Grantor reserves the right to install air navigational aids, including lighting
in, on, over, under, and across, the real property described herein. However,
no major navigational aids shall be installed directly over Grantee's facilities.
(e) Grantee agrees to give the Grantor and its Airport Manager, five (5)days
written notice prior to commencement of any major work or construction,
reconstruction, repair or maintenance and shall obtain clearance from the
Airport Manager and Control Tower before doing any such repair,
maintenance, or other work or inspection on Grantee's facilities and
appurtenances in said easement. Emergency repair, routine minor repair,
and routine minor maintenance and inspection work shall not be subject to
this provision.
5. Grantee, its agents, contractors, and employees, shall have the privilege of entry
on said property as described in Exhibit "A" for the purpose of constructing,
reconstructing, maintaining, and making necessary repairs to said facilities as
provided herein. Grantee agrees to keep said property and said facilities in a good
and safe condition free from waste, so far as affected by Grantee's operations, to
the-satisfaction of Grantor. If Grantee fails to keep said property and said structure
in a good and safe condition free from waste, then Grantor shay perform the
necessary work at the expense of Grantee, which expense Grantee agrees to pay
to Grantor upon demand.
6. Should Grantee, its successors or assigns, at any time abandon the use of said
property or any part thereof, or fail at any to use the same for the purpose
contemplated herein for the continuous period of one (1) year, the right hereby
given shall cease to the extent of the use so abandoned or discontinued, and
Grantor shall at once have the right, in addition to but not in qualification of the
rights hereinabove reserved, to resume exclusive possession of said property, or
the part thereof the use of which is so discontinued or abandoned.
7. This Easement is subject and subordinate to all existing agreements, licenses,
leases, easements, restrictions, and encumbrances of title which may affect said
land.
Grantees shall be responsible for damage caused intentionally or by any negligent act or
omission of Grantees, its agents or employees while exercising the rights granted herein.
Executed this day of 19 �S .
Recommended for Approval: CONTRA COSTA COUNTY
By `� BY
IA41,, zel�
/,,Pr cipal Real Property Agent Chair, Board of S6pervisors
irport Manager
By-
Public Works it r
APPROVED AS TO FORM:
County Counsel
Y
eputy
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g:1re a l p ro plte m p\byro n.t 11
November 21, 1995 `
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On December 19. 1995 before me,
Phil-Batchelor, Clerk of the Board of
Supervisors and County Administrator, Contra
Costa County, personally appeared
Gayle Bishop
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:
puty Clerk
AK.le
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