HomeMy WebLinkAboutMINUTES - 10221996 - C13 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 22, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, and Smith
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 96/475
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: Conveyance of Easement to
West County Wastewater District
Project No. 7527-6D8602
North Richmond Area
The Board of Supervisors as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired
certain real property by deed recorded on May 30, 1996, Series No. 96 102311, in the
North Richmond area. West County Wastewater District has requested an easement over
a portion of said property, described in Exhibit "A" attached hereto, for sewer purposes.
This Board FINDS that the conveyance of such easement is in the public interest and will
not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to West County Wastewater District over the property described in Exhibit "A" attached
hereto, pursuant to the above-referenced statutory authorities and the Board Chair is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the District.
The Real Property Division is DIRECTED to cause said easement to be delivered
to the grantee.
This easement request is part of a larger project for which an EIR was prepared and
approved by the Board. The project has been determined to conform to the County's
General Plan.
Orig. Dept.: Public Works (R/P)
Contact: Ronald Babst (313-2226)
cc: Public Works Accounting Ion actlon Ma°a tm an the1100
Public Works Records � - --- "�°�°`� "
Grantee (via R/P) ?H L BATCHELOR.clerk of the board
Recorder(via R/P) ofsuwrvleomwwcounty"Tiaerator
str Deputy evusy
gArea1propltemp1bl27A22.t10
October 8,1996
RESOLUTION NO. 96/475
Wildcat Creek - Contract 3
Parcels X1534-1 and X1535-1
Parcels X1534-2 and X1535-2
Parcels X1534-3 and X1535-3, DWG EB-322.2
EXHIBIT "A"
PARCELS X1534-1 and X1535-1: (Sanitary Sewer Easement)
Real property in San Pablo Rancho, Contra Costa County, California, being a portion of Contra
Costa County Flood Control and Water Conservation District PARCELS 1534 and 1535 described
in the Condemnation Resolution of Necessity#94/44 recorded January 24, 1995 against Southern
Pacific Railway Company and William F. Bottoms, et ux. further described as follows:
Commencing at the standard County monument on the centerline of Brookside Drive at the east
right of way line of Southern Pacific Railroad main line as shown on the Record of Survey filed
December 10, 1976 in Book 61 at page 35 of Licensed Surveyors Maps of said County; said
monument bears north 58°3458"west 526.77 feet (record north 60001'00"west 526.78 feet) from
another standard County monument marking the centerline of Brookside Drive and shown on said
map (61 LSM 35); thence from said Point of Commencement, along said east right of way line of
Southern Pacific Railroad, south 5012'03" west 1,512.35 feet, to the northwest corner of said
PARCEL 1535 (#94/44), the Point of Beginning; thence from the Point of Beginning, along the
north line of said PARCEL 1535, south 8404756" east 10.00 feet; thence south 5012'03" west
106.00 feet; thence north 84047'57" west 10.00 feet to said east right of way line of Southern
Pacific Railroad, also being the west line of said PARCEL 1534; thence along said east right of way_
line, north 5012'03" east 106.00 feet, to the Point of Beginning.
Containing an area of 1,060 square feet (0.024 acre) of land, more or less.
PARCELS X1534-2 AND X1535-2: (non-exclusive Access Easement)
A portion of Lot 193 as designated on the map entitled "Map of the San Pablo Rancho,
Accompanying and Forming a Part of the Final Report of the Referees in Partition," filed March 1,
1894, in the Office of the Recorder of the County of Contra Costa, California, and a portion.of
PARCEL 1534 described in Case No. C95-00708, Final Order of Condemnation, recorded January
29, 1996, at Series No. 96-15458, records of said County, described as follows:
Commencing at the standard County monument at the intersection of the centerline of Brookside
Drive with the easterly line of the Southern Pacific Railroad right of way as shown on the Record
of Survey filed December 10, 1976, in Book 61 of Licensed Surveyors Maps at page 35, records
of said County, said monument bears north 58°34'58" west 526.77 feet (record north 60°01'00"
west 526.78 feet) from another standard County monument marking the centerline of Brookside
Drive as shown on said map (61 LSM 35); thence, along the easterly line of said.main line of the
Southern Pacific Railroad right of way, south 5012'03"west 1618.35 feet to the Point of Beginning,
thence, from the Point of Beginning, continuing along last said line, south 5°12'03"west 50.00 feet;
thence, leaving last said line, south 47044'27" east 126.11 feet to a point on the east line of the
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parcel of land described in the deed to Southern Pacific Railroad Company, recorded March 5,
1946, in Book 896 of Official Records at page 131, records of said County; thence along said east
line (896 O.R. 131) and its northerly prolongation, north 5°12'03" east 115.00 feet; thence, leaving
last said line, north 84°47'56"west 90.64 feet; thence north 5012'03" east 11.00 feet; thence north
84°47'56" west 10.00 feet to the Point of Beginning.
Containing an area of 7,859 square feet of land, more or less.
PARCELS X1534-3 AND X1535-3: (non-exclusive Access Easement)
A portion of Lot 193 as designated on the map entitled "Map of the San Pablo Rancho,
Accompanying and Forming a Part of the Final Report of the Referees in Partition,"filed March 1,
1894, in the Office of the Recorder of the County of Contra Costa, California, and a portion of
PARCEL 1534 described in Case No. C95-00708, Final Order of Condemnation, recorded January
29, 1996, at Series No. 96-15458, records of said County, described as follows:
Commencing at the standard County monument at the intersection of the centerline of Brookside
Drive with the easterly line of the Southern Pacific Railroad right of way as shown on the Record
of Survey filed December 10, 1976, in Book 61 of Licensed Surveyors Maps at page 35, records
of said County, said monument bears north 58034'58" west 526.77 feet (record north 60001'00"
west 526.78 feet) from another standard County monument marking the centerline of Brookside
Drive as shown on said map (61 LSM 35); thence, along the easterly line of said main line of the
Southern Pacific Railroad right of way, south 5°12'03"west 1629.35 feet; thence, leaving last said
line, south 84047'56"east 10.00 feet to the Point of Beginning; thence, from the Point of Beginning,
south 84047'56" east 70.00 feet; thence north 5°12'03" east 117.00 feet; thence north 84047'56"
west 70.00 feet; thence south 5012'03"west 117.00 feet to the Point of Beginning.
Containing an area of 8,190 square feet of land, more or less.
Bearings and distances used in the above descriptions are based on the California Coordinate
System Zone III (CCS27). To obtain ground distance multiply distances used by 1.0000641.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor
Contra Costa County Public Works J
Ero 1k1 J-6
Date:
►b.5999
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2
Rec;6rded at the request of:
West County Wastewater District
After recording return to:
West County Wastewater District +
2910 Hilltop Drive
Richmond, CA 94806
Attention: Michael W. Allendorfer,
Sr. Engineering Technician
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 FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California,
hereinafter called DISTRICT, hereby grants to WEST COUNTY WASTEWATER DISTRICT, a district
formed under the Sanitary District Act of 1923, hereinafter called GRANTEE, a nonexclusive easement
to construct, replace, remove, operate, maintain and use such sanitary sewer or sewers and
appurtenances owned by GRANTEE as GRANTEE shall deem to be reasonably required for sewage
purposes, 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 AND MAP SEE ATTACHED EXHIBITS "A" AND "B"
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title.
2. Any and all DISTRICT 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 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 DISTRICT at the expense
of GRANTEE,which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs
and any legal fees incurred to collect said costs.
3. DISTRICT shall have the right to use the sanitary sewer easement for purposes not inconsistent with GRANTEE's full
enjoyment of the rights hereby granted, provided that DISTRICT shall not erect or construct any building or other structure
(not interpreted as a flood control channel)within the sanitary sewer easement.
4. GRANTEE shall have the right to use gates in all fences which now cross or shall hereafter cross said easement.
5. GRANTEE shall also have the right to allow individuals, firm, associations, organizations, partnerships, business trusts,
corporations, public agencies, and other entities to access and enter upon said easement and therein construct, repair,
operate,maintain, use and remove such sanitary sewer or sewers,sewer laterals and appurtenances as GRANTEE shall
in its discretion deem reasonably required or permissible for sewer purposes.
6. GRANTEE shall also have the right to trim, cut and clear away any and all trees, brush, and obstructions now or hereafter
in or on said easement which in the opinion of GRANTEE may be a hazard to or interfere with the inspection or maintenance
of said sanitary sewer or sewers and appurtenances, provided however that things which GRANTEE is hereby authorized
to cut and remove, if valuable, of timber,wood or brick,shall continue to the property of GRANTOR but all brush, refuse
wood and debris shall be removed by the GRANTEE.
7. GRANTEE shall also have the right to mark the location of said easement by suitable markers set in locations which will
not interfere with any reasonable use DISTRICT shall make of said easement.
8. GRANTEE shall repair any damage it shall do to the DISTRICT's private roads or lanes on said land and shall indemnify
DISTRICT against any loss and damage which shall be caused by the exercise of said ingress and egress, or by an wrongful
or negligent act or omission of GRANTEE or of its agents or employees in the course of their employment.
9. 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
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and hold harmless, DISTRICT, 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 negligence or willful misconduct
of the DISTRICT,its officers or employees.
b. GRANTEE further agrees to defend,indemnify,save,protect and hold harmless, DISTRICT 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 DISTRICT related thereto.
C. GRANTEE accepts the property conveyed pursuant to this easement in an "as is" physical condition, with no
warranty express or implied on the part of the DISTRICT as to any matter, including but not limited to the condition
of the soil, water, subsurface strata or ambient air in, on, under at or in the vicinity of the property. GRANTEE
agrees that neither GRANTEE, its heirs,successors or assign shall ever claim, have or assert any right or action
against DISTRICT for any loss, damage or other matter arising out of or resulting from the presence of any
hazardous substance or any other condition of the property at the commencement of the easement or from the
release of any hazardous substance in,on or around any part of the property or in the soil,water, subsurface strata
or ambient air by any person or entity other than the DISTRICT following the commencement of this easement.
As used herein, "hazardous substance" means any substance, material or waste which is or may become
designated, classified or regulated as being "toxic,""hazardous"or a "pollutant" under any federal, state or local
law,regulation or ordinance. Nothing in this section is intended in any way to restrict the right of GRANTEE to seek
contribution or indemnity from any person or entity other than DISTRICT whose activities are a cause of any
discharge, leakage,spillage or emission of hazardous materials on or to the property.
d. To the extent permitted by law,GRANTEE shall indemnify,defend,save, protect and hold the DISTRICT harmless
from and against any and all claims, demands, liabilities, expenses(including without limitation attorneys fees and
consultants fees),penalties, damages, consequential damages and losses, and costs (including but not limited to
the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the property
and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the termination of the easement),
of any kind or nature,arising out of or connected with GRANTEE's operation or performance under this easement,
including all costs, claims, damages (including property and personal injury) arising out of or connected with the
uncovering, release or excavation of hazardous materials (including petroleum) as a result of GRANTEE's
construction, reconstruction, maintenance, use, replacement, or removal of its facilities.
e. The obligations contained in this section shall survive the expiration or other termination of this easement.
10. a. GRANTEE understands and acknowledges that DISTRICT 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 DISTRICT.
b. DISTRICT 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.
11. 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 DISTRICT or its successors. GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard.
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 DISTRICT, its agents, officers and employees, from any claim, action
or proceeding to attack,set aside,void or annul this easement.
2
C'/5
'13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document
over any of DISTRICT's adjacent lands lying outside of the aforesaid easement area 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 22nd day of
October , 1996.
CONTRA COSTA DISTRICT F OOD
CONTR & W CO ION DISTRICT
By
(Z&fw, K@'d of Supervisors
STATE OF CALIFORNIA )
DISTRICT OF CONTRA COSTA )
On October 22, 199b before me, Phil Batchelor, Clerk of the
Board of Supervisors and DISTRICT Administrator Contra Costa
DISTRICT, personally appeared .Jeff Smith
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 capaci-
ty(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:
Deputy Jerk
Form Approved (12/94)
V estman, DISTRICT Counsel
CERTIFICATE OF ACCEPTANCE
This is to certify that the above described easement conveyed to the West County Wastewater
District is hereby accepted by order of the Board of Directors of the West County Wastewater
District on 19 , and the West County Wastewater District consents
to the recordation thereof by its duly authorized officer.
ATTEST: WEST COUNTY WASTEWATER DISTRICT
By
Secretary of the Wastewater District President of the Wastewater District
RB:9pp
g:\realpropltemp%ea17bwc.t9
October 1,1996
3
Wildcat Creek - Contract 3
Parcels X1534-1 and X1535-1
Parcels X1534-2 and X1535-2
Parcels X1534-3 and X1535-3, DWG EB-322.2
EXHIBIT"A"
PARCELS X1534-1 and X1535-1: (Sanitary Sewer Easement)
Real property in San Pablo Rancho, Contra Costa County, California, being a portion of Contra
Costa County Flood Control and Water Conservation District PARCELS 1534 and 1535 described
in the Condemnation Resolution of Necessity#94/44 recorded January 24, 1995 against Southern
Pacific Railway Company and William F. Bottoms, et ux. further described as follows:
Commencing at the standard County monument on the centerline of Brookside Drive at the east
right of way line of Southern Pacific Railroad main line as shown on the Record of Survey filed
December 10, 1976 in Book 61 at page 35 of Licensed Surveyors Maps of said County; said
monument bears north 5803458"west 526.77 feet (record north 60°,01'00" west 526.78 feet) from
another standard County monument marking the centerline of Brookside Drive and shown on said
map (61 LSM 35); thence from said Point of Commencement, along said east right of way line of
Southern Pacific Railroad, south 5012'03" west 1,512.35 feet, to the northwest corner of said
PARCEL 1535 (#94/44), the Point of Beginning; thence from the Point of Beginning, along the
north line of said PARCEL 1535, south 84°47'56" east 10.00 feet; thence south 5012'03" west
106.00 feet; thence north 84°47'57" west 10.00 feet to said east right of way line of Southern
Pacific Railroad, also being the west line of said PARCEL 1534; thence along said east right of way_
line, north 5'12'03" east 106.00 feet, to the Point of Beginning.
Containing an area of 1,060 square feet (0.024 acre) of land, more or less.
PARCELS X1534-2 AND X1535-2: (non-exclusive Access Easement)
A portion of Lot 193 as designated on the map entitled "Map of the San Pablo Rancho,
Accompanying and. Forming a Part of the Final Report of the Referees in Partition," filed March 1,
1894, in the Office of the Recorder of the County of Contra Costa, California, and a portion.of
PARCEL 1534 described in Case No. C95-00708, Final Order of Condemnation, recorded January
29, 1996, at Series No. 96-15458, records of said County, described as follows:
Commencing at the standard County monument at the intersection of the centerline of Brookside
Drive with the easterly line of the Southern Pacific Railroad right of way as shown on the Record
of Survey filed December 10, 1976, in Book 61 of Licensed Surveyors Maps at page 35, records
of said County, said monument bears north 5803458" west 526.77 feet (record north 60°01'00"
west 526.78 feet) from another standard County monument marking the centerline of Brookside
Drive as shown on said map (61 LSM 35); thence, along the easterly line of said.main line of the
Southern Pacific Railroad right of way, south 5°12'03"west 1618.35 feet to the Point of Beginning,
thence, from the Point of Beginning, continuing along last said line, south 5°12'03" west 50.00 feet;
thence, leaving last said line, south 47°44'27" east 126.11 feet to a point on the east line of the
parcel of land described in the deed to Southern Pacific Railroad Company, recorded March 5,
1946, in Book 896 of Official Records at page 131, records of said County; thence along said east
line (896 O.R. 131) and its northerly prolongation, north 5012'03" east 115.00 feet; thence, leaving
last said line, north 8404756"west 90.64 feet; thence north 5012'03" east 11.00 feet; thence north
84°47'56" west 10.00 feet to the Point of Beginning.
Containing an area of 7,859 square feet of land, more or less.
PARCELS X1534-3 AND X1535-3: (non-exclusive Access Easement)
A portion of Lot 193 as designated on the map entitled "Map of the San Pablo Rancho,
Accompanying and Forming a Part of the Final Report of the Referees in Partition," filed March 1,
1894, in the Office of the Recorder of the County of Contra Costa, California, and a portion of
PARCEL 1534 described in Case No. C95-00708, Final Order of Condemnation, recorded January
29, 1996, at Series No. 96-15458, records of said County, described as follows:
Commencing at the standard County monument at the intersection of the centerline of Brookside
Drive with the easterly line of the Southern Pacific Railroad right of way as shown on the Record
of Survey filed December 10, 1976, in Book 61 of Licensed Surveyors Maps at page 35, records
of said County, said monument bears north 58034'58" west 526.77 feet (record north 60001'00"
west 526.78 feet) from another standard County monument marking the centerline of Brookside
Drive as shown on said map (61 LSM 35); thence, along the easterly line of said main line of the
Southern Pacific Railroad right of way, south 5012'03"west 1629.35 feet; thence, leaving last said
line, south 84047'56" east 10.00 feet to the Point of Beginning; thence, from the Point of Beginning,
south 84047'56" east 70.00 feet; thence north 5012'03" east 117.00 feet; thence north 84047'56"
west 70.00 feet; thence south 5012'03" west 117.00 feet to the Point of Beginning.
Containing an area of 8,190 square feet of land, more or less.
Bearings and distances used in the above descriptions are based on the California Coordinate
System Zone III (CCS27). To obtain ground distance multiply distances used by 1.0000641.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: Seo�ru�o sU'��F
Licensed Land Surveyor J�� �w
Contra Costa County Public Works
iZ 1� 6
Date:
65 .9
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