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THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on Januar_y 10, 1995 , by the following
vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO.-, 95%4
Government Code § 25526.6
SUBJECT: Conveyance of Easement tot e
Central Contra Costa Sanitary District
Former Southern Pacific Right of Way, Parcel Forty-One
W.O. 5575 i
Alamo Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on March
4, 1985, in Book 12209 at page 180, in Alamo, for public transit and utility uses. The
Central Contra Costa Sanitary District has requested an easement over a portion of said
property, described in Exhibit "A" attached hereto, for the construction and maintenance
of underground sanitary sewer 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 an
easement to the 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 $1,500.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: Nancy Wenninger (313-2227) I hereby certify that this is a true and correctcopyof
an action taken and entered an the minutes of the
cc: Public Works Accounting Board of Supe ' on the date shown.
Public Works Records ATTESTED:
PHIL BATCHEL R, Cler o tho Board
Grantee (via R/P) of Supervisors and ounty Administrator
Recorder (via R/P)
By .Deputy
NYV:gIo
g:\realprop\temp\b27CCC.t12
December 12, 1994
RESOLUTION NO.'95`/4
EXHIBIT "A"
All that real property situated in the County of Contra Costa,
State of California, described as follows:
A portion of the former Southern Pacific Railroad Right-of-Way (San
Ramon Branch) as shown on the map of Jones Walnut Acres, filed May
12 , 1948 in Book 35 of Maps at page 14, described as follows:
A strip of land 15 feet in width the northwestern line of which is
15 feet northwesterly measured at right angles from the following
described line:
Beginning at the most eastern corner of Lot 8, as shown on said map
of Jones Walnut Acres (35 M 14) ; thence from said point of
beginning along the prolongation of the southwestern line of said
Lot 8, north 490 00' east, 12 . 00 feet to the southwestern line of
the 13 feet in width Central Contra Costa Sanitary District
easement described as Parcel 41 in the Grant of Easement recorded
December 9, 1985 in Book 12652 of Official Records of Contra Costa
County, page 593 .
The southwestern terminus of said 15 foot strip shall be on the
northeastern line of said Lot 8, and the northeastern terminus
shall be on the southwestern line of said Central Contra Costa
Sanitary District easement.
CENTRAL CONTRA COSTA SANITARY DISTRICT 1>7
RIGHT of WAY MAP for SEWER
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Recorded at the request of: U
Central Contra Costa Sanitary District
After recording return to:
Central Contra Costa Sanitary District
5010 Imhoff Place
Martinez, CA 94553
Former Southern Pacific Right of Way
Parcel Forty—one
Job 5049 - Parcel 1
GRANT OF EASEMENT
CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called COUNTY,
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 COUNTY'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 COUNTY for review and approval. Such approval, together with
any additional requirements to be in the form of a written permit issued by COUNTY to GRANTEE.
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, 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. COUNTY shall not plant any trees
or construct any buildings on the easement area. In the event GRANTEE fails to restore said area,
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 non-negligent operations and use of said land.
COUNTY agrees to take all reasonable precautions when working in the easement area to prevent
damage to GRANTEE's facilities.
£. Nothing herein contained shall be construed to prevent COUNTY from granting other easements over
said lands or using said lands for any and all purpose, provided, however, that COUNTY shall not
unreasonably prevent or obstruct GRANTEE's easement rights hereunder.
Pane 1 of 3
7. It is understood and agreed that COUNTY has leases and/or licenses with others for all or a portion
of the larger parcel. Such arrangements include an underground petroleum products pipeline right-of-
way and surface recreational trail, and may also include other uses such as underground natural gas,
sewer, water or electrical lines, overhead electric and communication lines or similar uses. GRANTEE
agrees to take all precautions required to avoid damage to the facilities of others or the larger parcel,
and GRANTEE agrees that no alteration of ground elevation or the placement of any improvements
or structures shall be made within the easement area without prior written approval of the COUNTY
and such other users, including, but not limited to Santa Fe Pacific Pipelines, Inc.,
737 Arnold Drive, Suite A,
Martinez, California 94553
(510) 372-6560,
and East Bay Regional Park District,
Attn: Sharon Saffas
2628 Oak Road
Walnut Creek, CA 94594
(510) 945-0965,
GRANTEE understands that the absence of markers, monuments or maps indicating the presence of
subterranean facilities, whether belonging to the COUNTY or otherwise, does not constitute a
warranty or representation that none exists. GRANTEE accepts this easement with full cognizance
of the potential presence of such, and agrees that 48 hours prior to any subsurface work, GRANTEE
will contact Underground Service Alert at (800) 624-2444.
8. GRANTEE agrees to defend, indemnify and hold harmless the COUNTY, its agents and
employees, of and from any and all claims, demands, costs, damages, losses, actions, causes of
action or judgements which COUNTY may pay or be 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.
9. 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 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, 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 COUNTY at GRANTEE's expense, which expense GRANTEE agrees to pay to COUNTY upon
demand. As an option, GRANTEE may abandon its facilities in place upon written approval from
COUNTY. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard.
10. No rights granted hereunder shall be transferred or assigned without prior written consent of
COUNTY.
11. 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.
12. The easement granted herein includes incidental rights of maintenance,repair and replacement of said
sewerlines 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.
13. 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.
Sheet 2 of 3
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of
19_
CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT
By `�`� ' ` By
Chair, Board of Supervisors President of the Board of Directors
Central Contra Costa Sanitary District
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
State of California )
County of Contra Costa ) S.S.
ACKNOWLEDGMENT BY PUBLIC ENTITY
(C.C. 1191, 1181, 1 184)
Gayle Bishop
who is personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who
executed this instrument as the above-styled officer(s) of
the above-named public corporation, agency or political
subdivision of the State of California; personally ap-
peared before me today and acknowledged that said
public entity executed it.
Dated: January 10, 1995
Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
By _ e L'n' lrL�
Deputy
Sheet 3 of 3
EXHIBIT "A"
All that real property situated in the County of Contra Costa,
State of California, described as follows:
A portion of the former Southern Pacific Railroad Right-of-Way (San
Ramon Branch) as shown on the map of Jones Walnut Acres, filed May
12, 1948 in Book 35 of Maps at page 14, described as follows: .
A strip of land 15 feet in width the northwestern line of which is
15 feet northwesterly measured at right angles from the following
described line:
Beginning at the most eastern corner of Lot 8, as shown on said map
of Jones Walnut Acres (35 M 14) ; thence from said point of
beginning along the prolongation of the southwestern line of said
Lot 8, north 490 00' east, 12 . 00 feet to the southwestern line of
the 13 feet in width Central Contra Costa Sanitary District
easement described as Parcel 41 in the Grant of Easement recorded
December 9, 1985 in Book 12652 of Official Records of Contra Costa
County, page 593 .
The southwestern terminus of said 15 foot strip shall be on the
northeastern line of said Lot 8, and the northeastern terminus
shall be on the southwestern line of said Central Contra Costa
Sanitary District easement.
• CENTRAL CONTRA COSTA SANITARY DISTRICT
RIGHT of WAY MAP for SEWER
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