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HomeMy WebLinkAboutMINUTES - 10241995 - C1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 24, 1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 95/514 Government Code §25526.6 SUBJECT: Conveyance of Easement to Tele-Vue Systems, Inc. Portion of Assessor's Parcel No. 094-012-034 Project No. 0662-6R4321 Bay Point Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded on September 24, 1992, in Book 17857 at page 523, in Bay Point, for the State Highway 4/13ailey Road Interchange project. Tele-Vue Systems, Inc., has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for the installation and maintenance of an enclosure for housing opto-electrical devices. 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 Tele-Vue Systems, Inc., 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$2,000.00 plus processing costs. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. On October 8, 1991, the Board APPROVED the EIR for the State Highway 4/Bailey Road Interchange Project and the $850.00 Fish and Game filing fee was paid. On September 14, 1993, the Board DIRECTED the Public Works Director to file the Notice of Determination with the County Clerk. Orig. Dept.: Public Works (R/P) I hereby certify that this N•VM ane oonect Cour of Contact: Karen McNamer(313-2228) an action take" and enWW on the minutes of the cc: Public Works Accounting Boaro of supervisors on ZM data ahorm. Public Works Records ATTESTED. ©01"4 ° -1 a4 19 via R/P PHIL BATCHELOR,Cierk of the rd Grantee ( ) of supwwam and County Administrator Recorder(via R/P) IQN:Io c:br27bail.t9 Deputy RESOLUTION NO. 95/ 514 cl STA TE HWY 4 NEST W LELAND ROAD m V1 Q%11 TY MAP NOT TO SCALE N 89146100" E 7.00' Q AREA 0 91 SQ. FT. o LOT 75 0 0 0 0 0 21 M 59,3 7.00' \S 8946'00" W `—POINT OF BEG/NN/NG LOT 76 21 M 59,3 AWRARID BY A4Aw ML MH dm BN a� PLAT TO ACCOMPANY LEGAL DESCRIP77ON Appb RO PORTION LOT 15 =4a 07-18-95 U0 SURVRYING do D&V&UOPOn my DA?F 10 S0117H LAKE OR/V& SV1?F I MAP OF ORB/SONIA HEIGHTS AN7JOQH, GiLIFORNIA 9509 fAAX((510� 778-7160 PITTSBURG CALIFORNIA LEGAL DESCRIPTION Bailey Road Hub Site Easement That parcel of land situate in the unincorporated area of the County of Contra Costa , State of California, described as follows : A portion of Lot 15 , as said lot is designated on the map enti- tled "Map of Orbisonia Heights" , which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on April 22 , 1930 in Book 21 of Maps , at Page 593 , described as follows : Beginning at the southwest corner of said Lot 15 ( 21 M 593 ) , said point of beginning also being on the east line of Bailey Road; thence from said point of beginning along the west line of said Lot 15 ( 21 M 593 ) and the east line of said Bailey Road North 0° 45 ' 00" West, 13 . 00 feet; thence along a line parallel to the south line of said Lot 15 ( 21 M 593 ) North 890 46 ' 00"East , 7.00 feet; thence along a line parallel to the west line of said Lot 15 (21 M ..593 ) and the east line of said Bailey Road South 00 45 ' 00" East, 13 . 00 feet to the south line of said Lot 15 ( 21 M 593 ) ; thence along the south line of said Lot 15 (21 M 593 ) South 89 ° 46 ' 00" West, 7 . 00 feet to the point of beginning. Containing an area of 91 square feet, more or less . GREENWELL xp 30-- OF CA J� EXHIBIT "A" 06-19-95 13.8901 'Recorded of the request of: ViaCom Cable After recording return to: ViaCom Cable 550 Garcia Avenue Pittsburg, CA 94565 Attention: Mike Flynn Portion of A.P.N. 094-012-XXX 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 TELE-VUE SYSTEMS, INC., d/b/a, VIACOM CABLE, a Washington corporation ('ViaCom') hereinafter called GRANTEE, a nonexclusive perpetual easement and right of way for the installation and maintenance of an enclosure for housing opto-electrical devices and act as a hub for fiber optic cables and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situate in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT "A" 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. a. This grant is subject and subordinate to the prior and continuing right and obligation of COUNTY,its successors and assigns,to use all the property described herein. The GRANTEE shall not fence said easement without the express written permission of the COUNTY first had and obtained and shall remove any fencing when requested by the COUNTY to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or permit use of said easement for any purpose other than those described in this easement. b. The GRANTEE agrees that,in its use of this easement and the exercise of any rights hereunder,GRANTEE shall in noway interfere with COUNTY's use of its property. In the event GRANTEE's use should interfere,GRANTEE shall, at the request of COUNTY,and at GRANTEE's sole cost and expense,remove,modify or relocate its facilities to the satisfaction of COUNTY within thirty(30)days after written notice to do so. 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. 4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior written approval of its plans by COUNTY. 5. 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. 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. 6. 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. 7. The easement to be granted hereunder is non-exclusive. Nothing herein contained shall be construed to prevent COUNTY from granting other easements over said lands or using said lands for any and all purposes. The COUNTY expressly reserves the right to use the property subject to this easement in any manner and for any purpose regardless of whether it interferes with or diminishes the easement conveyed to GRANTEE. In the event that COUNTY's use interferes with or diminishes the easement conveyed to GRANTEE,or otherwise precludes the GRANTEE's use thereof,COUNTY shall have the right to require GRANTEE to remove,modify or relocate its facilities,at GRANTEE's sole cost and expense,pursuant to Section 3 of this easement and including the rights and remedies contained therein. The COUNTY further reserves the right to grant to others the right to use the easement in any manner and for any purpose which does not unreasonably interfere with or diminish the easement conveyed to GRANTEE. 8. a. In the exercise of all rights under this easement,GRANTEE shall be responsible for any and all injury to the public and to individuals arising out of GRANTEE's use of the property. GRANTEE shall indemnify,defend,save,protect and hold harmless,COUNTY,its officers,agents,employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages), liability, claims, suits, demands, judgments,orders,costs,fines,penalties or expense of whatever character,including but not limited to those relating to inverse condemnation,.and including attorneys'fees, (hereinafter collectively referred to as"liabilities")to persons or property, direct or consequential,directly or indirectly contributed to or caused by the granting of this easement, GRANTEE's operations,acts or omissions pursuant to this easement,or the GRANTEE's use of the easement,save and except liabilities arising through the sole negligence or sole willful misconduct of the COUNTY, its officers or employees. b. GRANTEE further agrees to defend,indemnify,save, protect and hold harmless,COUNTY from any and all actual or threatened claims,costs,actions or proceedings to attack,set aside,void,abrogate or annul this grant of easement or any act or approval of COUNTY related thereto. c. GRANTEE shall indemnify,defend,save,protect and hold harmless,COUNTY and COUNTY's successors and assigns, officers,directors and employees from and against any and all actual or threatened liabilities,claims,actions,causes of action,judgments, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses,fines,penalties and losses and all consultant,expert and legal fees and expenses(including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work)arising directly or indirectly out of or resulting from GRANTEE's use,release or disposal of any hazardous substance on or from or affecting the property subject to this easement. d. GRANTEE shall also hold the COUNTY harmless from and against any and all actual or threatened liabilities,claims, actions, causes of action, judgments, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and losses and all consultant, expert and legal fees and expenses (including those incurred in connection with any investigation of site conditions or any clean-up,remedial,removal or restoration work)arising directly or indirectly out of or resulting from any hazardous substance being present or released in,on or around any part of the property,or in the soil,groundwater or soil vapor on or under the property at any time, either before or after this easement is executed and whether such matters are discovered before or after the execution of the easement. e. As used herein,"hazardous substance"means any substance,material or waste which is or may become designated, classified or regulated as being"toxic"or"hazardous"or a"pollutant"under any federal,state or local law,regulation or ordinance. f. The obligations contained in this section shall survive the expiration or other termination of this easement. 9. a. GRANTEE understands and acknowledges that COUNTY makes no representations,warranties or guarantees of any kind or character,express or implied,with respect to the property,and GRANTEE is entering into this transaction without relying in any manner on any such representation or warranty by COUNTY. b. COUNTY makes no warranty,guarantee,representation or liability,express or implied,as to the physical condition of the property,including, but not limited to the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil,the condition of the air,surface water or groundwater,the presence of known and unknown faults,the presence of any hazardous substances,materials,or other kinds of contamination or pollutants of any kind in the air,soil,groundwater or surface water,or the suitability of the property for the construction and use of the improvements thereon. it shall be the sole responsibility of GRANTEE,at its sole cost and expense,to investigate and determine the suitability of the soil,air,water,geologic,environmental and seismic conditions of the property for the intended use contemplated herein,and to determine and comply with all building, planning and zoning regulations relative to the property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present and future condition of the property or its suitability for GRANTEE's intended use. 10. 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 LEGAL DESCRIPTION Bailey Road Hub Site Easement That parcel of land situate in the unincorporated area of the County of Contra Costa , Statp of California, described as follows: A portion of Lot 15 , as said lot is designated on the map enti- tled "Map of Orbisonia Heights" , which map was filed in the office of the Recorder of the County of Contra Costa , State of California, on April 22 , 1930 in Book 21 of Maps , at Page 593 , described as follows : Beginning a . the southwest corner of said Lot 15 ( 21 M 593 ) , said point of beginning also being on the east line of Bailey Road; thence from said point of beginning along the west line of said Lot 15 ( 21 M 593 ) and the east line of said Bailey Road North 0'0 45 ' 00" West, 13 . 00 feet; thence along a line parallel to the south line of said Lot 15 ( 21 M 593 ) North 89' 46 ' 00" East, 7 . 00 feet; thence along a line parallel to the west line of said Lot 15 ( 21 M 593 ) and the east line of said Bailey Road South 0' 45 ' 00" East, 13 .00 feet to the south line of said Lot 15 ( 21 M 593 ) ; thence along the south line of said Lot 15 (21 M 593 ) South 890 46 ' 00" West, 7 . 00 feet to the point of beginning. Containing an area of 91 square feet, more or less . GREENWELL p 30 L.S. 4602 CAO EXHIBIT"A" 06-19-95 138901 expense,which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. 11. No rights granted hereunder shall be transferred or assigned without the prior written consent of COUNTY. 12. This easement is granted subject to encumbrances,licenses,leases,easements,restrictions,conditions,covenants,liens, claims of title, and restrictions of record and any prior 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. 13. 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. 14. This grant of easement contains the entire agreement between the parties:hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 15. This grant of easement shall not be construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of easement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 16. 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. IN WITNESS WHEREOF,this Grant of Easement is signed and executed this day of 1995. CONTRA COSTA COUNTY By Cha' , Board of Supe ors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On /9q5—before me,Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Con ra Costa County, personally appeared y ,who is personally known to me(o .proved to me on asis of satisfactory evidence) to be the person(s)whose.names)is/are subscribed to the withininstrument and.acknowledged to me that he/she/they executedthe same in his/her/their authorized capacity(ies), and that by his/her/their signatures)on the instrument the person(s); ,or the entity upon behalf of which the person(s) acted',executed he-instrument. Deputy CI k Form Approved (12/94). Victo an, unty Counse KM:lo g:\re a l p ro p\te m p\e a 17 h u b.t9