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Home My WebLink AboutMINUTES - 01241995 - 1.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 24, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None MOROM At Raw Ix ABSENT: None 95 088892 ABSTAIN: None J��N 19" Al nN"LOCK � CONTRA COSTA COUNTY RECORD SUBJECT: Authorizing Acceptance of Instrument. STEPHEN L WEIR COUNTY RECORDER IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRTTMFNT RFFF.RF-NC:F GRANTOR AREA Grant of Easement Subdivision 7027 United States Navy Clyde (Drainage Purposes) 1 hereby certify that this Is a true and coirect copyct_.. an action taken and entered onn(tthe'mirutes of the . Board of SuPervj � G tT d1 -hown. ATTESTED: .•ll PHIL BATCHELOR, Clergy of the Board r of Supervisors and unty Administrator By ,Deputy_ � Contact: Rich Lierly - 313-2348 Originator: Public Works (ES) cc: Recorder (via Clerk) then PW Records Director of Community Development RCL:cl B024.t1 ;y� �. • _ JAN 2 1995 ,� Reoor ei f ues 8 / ; a 1//min. Past f ontra.Costa County Recorder Stephen L.Weir, Recorder FEE:, N6247489RPOOP97 GRANT OF EASEMENT THIS INDENTURE, made the 2,6 day of T 19 PC between the United States of America herein ng through the Department of the Navy, and Contra Costa County, herein called the Grantee. WHEREAS, the Government owns that certain real property identified as the Naval Weapons Station, Concord, California, herein called the Station; and WHEREAS, the J. and K. Division, 1924 Bailey Road, Concord, California, herein called the Applicant in concurrence with the Grantee has requested an easement for the construction, installation, operation, maintenance, repair, and replacement of a storm drain under that portion of the Station hereinafter described; and WHEREAS, the Secretary of the Navy has found that. the grant of such easement on the terms and conditions hereinafter stated is not incompatible with the public interest; NOW THEREFORE, this indenture witnesseth that, in consideration of Five Hundred Dollars ($500.00) paid by the Applicant to the Government on behalf of the Grantee, the Government hereby grants to the said Grantee and its successors and assigns, for a period of fifty (50) years from the date hereof, an easement for the construction, installation, operation, maintenance, repair, and replacement of a storm drain, which will consist of two 30-inch RCP drain pipes that will be jack bored under the property, such easement being on that portion of the Station hereinafter called the Premises, and described as follows: ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF THE PARCEL OF LAND DESIGNATED AS "BAY POINT AND CLAYTON RAILROAD" ON THE RECORD OF SURVEY OF THE LAND ACQUISITION LINE OF THE NAVAL WEAPONS STATION, CONCORD, CALIFORNIA DONE BY THEODORE V. TRONOFF IN OCTOBER 1982, SHEET 8 OF 11 , FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND MONUMENT TAGGED R.C.E. 12104 AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID BAY POINT AND CLAYTON RAILROAD PARCEL AND THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF WARWICK STREET AS SHOWN ON THE MAP ENTITLED "MAP OF CLYDE" FILED APRIL 22, 1919 IN BOOK 17 OF MAPS AT PAGE 358 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER (THE BEARING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF NORMAN AVENUE AS SHOWN ON SAID RECORD OF SURVEY TAKEN AS NORTH 200 O1 ' 00" WEST FOR THE PURPOSE OF THIS DESCRIPTION); THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY t247489RPOOP97 '► � :� LINE OF SAID BAY POINT AND CLAYTON RAILROAD PARCEL SOUTH 200 01 ' 00" EAST, 804.43 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING LEAVING SAID SOUTHWESTERLY LINE NORTH 690 59' 00" EAST, 70.00 FEET TO THE NORTHEASTERLY LINE OF SAID BAY POINT AND CLAYTON RAILROAD PARCEL BEING ALSO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE COUNTY ROAD KNOWN AS PORT CHICAGO HIGHWAY AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 200 01 ' 00" EAST, 15.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 690 59' 00" WEST, 70.00 FEET TO THE SOUTHWESTERLY .LINE OF SAID BAY POINT AND CLAYTON RAILROAD PARCEL; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE NORTH 200 01 ' 00" WEST, 15.00 FEET TO THE POINT OF BEGINNING. All as shown on a map marked "EXHIBIT A," attached hereto and made a part, hereof. THIS EASEMENT is granted subject to the following terms and conditions: 1 . All work in connection with the construction, installation, operation, repair, and replacement of the storm drain shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Station. 2. The Grantee shall maintain the Premises and the storm drain in good condition at all times ans shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the storm drain. 3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Government to assure that the exercise of such rights will not interfere with Government activities at the, Station 4. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commander, Western Division, Naval Facilities Engineering Command. 5. If at any future time, the Government determines that the storm drain, or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this easement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED THAT, unless the Government shall have determined that relocation is not feasible, it shall convey to the Grantee without charge, a substitute easement permitting the Grantee to relocate the storm drain, or portion thereof, on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those of this easement, and shall bear the same expiration date, if any. N6247489RPOOP97 6. All or any part of this easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of two consecutive years. 7. The Government may use the Premises of this easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. IN WITNESS WHEREOF, the Government, actino through the Department of the Navy, has caused this instrument to be executed the day and year written first above. UNITED STATES OF AMERICA Bye�Za— Manager, Realty Operations Branch Real Estate Contracting Officer Western Division Naval Facilities Engineering Command State of California) ) SS County of San Mateo) On this -�'u ' day of in the year 19 � before me, Beverly J: Freitas, a -lSota Public in'a`nd for said �ou` y and State, personally appeared FRANK F ELLI, known to me to be the Manager, Realty Operations Branch, whose name is subscribed to the within instrument and acknowledoe that he executed the same on behalf of the United States of America in accordance with authority granted to him. amu;. 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