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HomeMy WebLinkAboutMINUTES - 10221996 - C4 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 22, 1996 SUBJECT: GRANT OF EASEMENT FOR FIBER OPTIC SYSTEM EBMUD AQUEDUCT - CONCORD AREA Project No.: W.O. 5081 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. ACCEPT Grant of Easement from the East Bay Municipal Utility District and AUTHORIZE the Board Chair to execute said Easement on behalf of the County. B. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a check for $2,000 payable to East Bay Municipal Utility District, P.O. Box 24055, Oakland, CA 94623, to be forwarded to the Real Property Division for delivery. C. DIRECT the Real Property Division to have the above-referenced Grant of Easement recorded in the Office of the County Recorder. Continued on Attachment: X SIGNATURE: pitaLLJJ _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON WT 22 APPROVED AS RECOMMENDED OTHER_ U VOT F SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: Hanby oW*so oft b a troy WA OwNd an at ABSENT: ABSTAIN: on mon +kM oW�,p«w�ptmd an 9w wow 8Wd of 111111heffiwL Xn__ lll:l I ! 74yF� NW:gpp PfteATOM cWkofftb W g:lrealprop1temp1BO22.t10 d id aAdmrrwsmr Orig.Div: Public Works(R/P) Contact: Nancy Wenninger(313-2227) Illy oepuq► cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting .Recorder(via R/P) Grant of Easement for Fiber Optic System EBMUD Aqueduct-Concord Area October 22, 1996 Page Two II. Financial Impact: Payment totalling $2,000 to be recovered from revenue generated by the fiber optic system. III. Reasons for Recommendations and Background: The County and the Flood Control District have licensed GST Telecom Inc. to install a fiber optic conduit system through Central County along the former Southern Pacific right of way and the Walnut Creek Channel. After completion of the installation, the facilities will belong to Contra Costa County. The fiber optic system must cross property owned by the East Bay Municipal Utility District and located northwesterly of the intersection of State Highway 242 and the Walnut Creek Channel. The above-referenced Grant of Easement will convey the necessary rights to allow completion of the project. The fiber optic system will provide significant monetary benefit to the County and the Flood Control District, and, through encouraging competition, is intended to lower costs and provide increased telecommunication services to the community. IV. Consequences of Negative Action: Construction of the fiber optic system would not be allowed to proceed and alternate routes would be too costly. Property Number: CC-98 Grantee: Contra Costa County Project Name: GST Telecom - Address: 255 Glacier Drive Installation of Innerducts Martinez, CA 94553-4897 EAST BAY MUNICIPAL UTILITY DISTRICT DISPOSITION AGREEMENT THIS AGREEMENT entered into this day of , 19 , by and between EAST BAY MUNICIPAL UTILITY DISTRICT ("District") and COUNTY OF CONTRA COSTA ("Grantee") for the purchase from District by Grantee for a Conduit System easement at Station P-4366+72. Mokelumne Aqueduct R/W. Concord and described within the Grant of Easement attached hereto, marked Exhibit "1" and made a part hereof. IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: 1. Grantee shall pay all escrow fees, if any, and any recording fees that may be required. 2. Grantee shall pay to District the sum of Two Thousand Dollars ($2.000.00) as full consideration for the easement rights conveyed in the document mentioned above. 3. The easement being acquired is described and depicted in Exhibit "A" attached hereto and made a part hereof. 4. Grantee shall pay or cause to be paid all construction, engineering, inspection, and related costs requested by District. IN WITNESS WHEREOF, the parties have executed this Agreement.this day of 19 EAST BAY MUNICIPAL UTILITY DISTRICT COUNTY OF CO RA C S By: By: Stephen J. Boeri Manager of Real Estate Services Resolution No. Resolution No. Approved as to Form: J6-137.10 Rev.05/24/96 RECORDING REQUESTED BY East Bay Municipal Utility District AND WHEN RECORDED MAIL TO Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553-4897 Attn: Nancy Wenninger SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT THIS INDENTURE, made and entered into this day of 19 , by and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and existing under the laws of the State of California hereinafter called Grantor, and COUNTY OF CONTRA COSTA, a political subdivision of the State of California hereinafter called Grantee, WITNESSETH: THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, and the faithful performance and observance by Grantee of all of the covenants and agreements herein contained, does hereby grant, subject to all of the terms and conditions hereof, to Grantee an easement for the construction, reconstruction, maintenance, removal and use of eight 1" HDPE Innerducts along the Walnut Creek Flood Control Channel at Station P-4366+72, Concord, together with the necessary appurtenances thereto, all hereinafter referred to as "the structure" , within the boundaries of that certain real property described in Exhibit "A" attached hereto and made a part hereof. The easement above mentioned is granted by Grantor and accepted by Grantee upon the following terms and conditions, and Grantee does hereby covenant with Grantor as follows: 1. Grantee hereby acknowledges the title of Grantor in and to the real property above described and agrees never to assail or to resist said title. 2 . The construction, reconstruction, maintenance, removal and use of, and all work upon or in connection with the structure shall at no time and in no way whatever interfere with the operations of Grantor; the location of the structure, the construction, reconstruction, maintenance and removal thereof and all work in J6-133.10 1 10/11/96 GRANT OF EASEMENT connection therewith shall be done and made under the supervision and to the satisfaction of Grantor, and the construction, reconstruction, maintenance, removal and use of the aqueduct, pipelines and other facilities or improvements of Grantor, present or future, upon said real property shall at all times be paramount to any rights of Grantee under this indenture. 3 . Upon completion of any of its works hereunder, Grantee shall promptly restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. 4 . In the event the structure interferes with the future operations of Grantor, then Grantee at its own cost and expense, upon receiving thirty (30) days ' written notice from Grantor so to do, will immediately proceed to relocate the structure upon said real property as may be requested by Grantor and in a manner satisfactory to Grantor, and in the event that Grantee fails so to do, said work may be performed by Grantor at the expense of Grantee, which expense Grantee agrees to pay to Grantor promptly upon demand. S . Grantee expressly agrees to indemnify, defend and hold harmless Grantor, its directors, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys ' fees, arising out of Grantee' s operation or performance under this agreement, including all costs, claims and damages (including property and personal injury) arising out of any hazardous substances, hazardous materials or hazardous wastes (including petroleum) within the easement area or on the adjacent Grantor' s property caused, uncovered, released or excavated as a result of Grantee ' s construction, reconstruction, maintenance, use, or removal of its structure. 6 . Grantee shall be responsible for and shall reimburse Grantor for any damage or loss to Grantor' s present and future pipelines and appurtenances thereto, directly or indirectly contributed to or caused by Grantee' s operation or performance under this agreement, including, but not limited to, any damage or loss due to corrosion of Grantor' s aqueducts or pipelines, present or future, caused by the deposit by Grantee of hazardous substances, hazardous materials or hazardous wastes including petroleum or caused by electrical currents flowing between the structure and the aqueducts or pipelines of Grantor; and Grantee shall not make any physical connection or bonding whatsoever between said aqueducts or pipelines of Grantor and the structure without first having obtained the written permission of Grantor so to do. 7 . Grantee agrees to assume all risk of damage to the structure and to any other property of Grantee or any property under the control J6-133 .10 2 10/11/96 GRANT OF EASEMENT or custody of Grantee while upon the property or rights of way of Grantor or in proximity thereto, caused by or contributed to in any way by the construction, reconstruction, operation, maintenance, repair or use of aqueducts, pipelines, or other facilities or improvements or roadways of Grantor, present or future. 8 . Except in case of ordinary maintenance and emergency repairs, Grantee shall give to Grantor at least ten (10) days ' notice in writing before entering upon the real property hereinabove described for the purpose of constructing, reconstructing, repairing or removing the structure or performing any work on or in connection with the structure or the operation thereof. 9 . All rights herein granted to Grantee are subject to all existing rights, rights of way, reservations and easements by whomsoever held in and to said real property. 10 . If Grantee shall fail to construct the structure and place it in operation within a period of two years after the date hereof, or shall at any time- abandon the structure or any portion thereof, or fail to use the structure for the purposes for which this easement is granted, then all rights of Grantee in and to said real property or such portions thereof so abandoned or not so used shall thereupon cease and terminate and title thereto shall immediately revert to and vest in Grantor. Upon any termination of the rights of Grantee hereunder, Grantee shall at Grantee ' s expense, promptly upon request by Grantor so to do, remove the structure from said real property and restore said real property to its original condition; upon failure of Grantee so to do, said work may be performed by Grantor at Grantee' s expense, which expense Grantee agrees to pay to Grantor promptly upon demand. 11. No rights of Grantee hereunder shall be transferred or assigned unless the written consent of Grantor is first secured. With that exception, this indenture and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 12 . Grantee recognizes and understands that this Easement may create a possessory interest subject to property taxation and that Grantee may be subject to the payment of property taxes levied on such interest . Special Conditions : 13 . Said encroachment shall be at a constant line across the entire width of the right of way. 14 . Said encroachment shall be perpendicular to the aqueduct right of way. J6-133.10 3 10/11/96 GRANT OF EASEMENT 15 . There shall be a one-foot minimum clearance from the top of the aqueducts to the bottom of the encroachment. 16 . Temporary construction fences and barricades shall be provided by the Grantee. 17 . The HDPE conduits shall be encased in concrete backfill with a minimum of 3" of cover on all sides. IN WITNESS WHEREOF, the parties hereto have executed this indenture, in duplicate, the day and year first above written. EAST BAY MUNICIPAL UTILITY DISTRICT COUNTY OF CONTRA COSTA By: By: Stephen J. Boeri Ch r, B and of Supervisors Manager of Real Estate Services By: RECOMMENDED FOR APPROVAL: Lynelle Lewis Public Works Departmen Secretary of the District GRANTOR By: J. ichael Walford Public Works Director APPROVED AS TO FORM: Victor J. Westman County Counsel By: Deputy ounty Counsel GRANTEE J6-133.10 4 10/11/96 STATE OF CALIFORNIA COUNTY OF } SS. On this day of , 19—,before me , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn personally appeared, 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 or they) executed the same in his (her or their)authorized capacity(ies), and that by his (her or their) signature(s)on the instrument the person(s), or the entity upon whose behalf the person(s)acted, executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal, in and for said Countyand State, the day and year in this certificate first above written. NOTARY PUBLIC in and for said County and State of California NOTARYMD 5/95 EBMUD EXHIBIT "A Real property in the City of Concord, County of Contra Costa, State of California, described as follows: PARCEL 1: (15' in Width Utility Easement) An Easement for utility purposes with the right from time to time to construct, place, inspect, maintain, replace and remove communication and electric facilities consisting of aerial and underground wires, cables and other electric conductors with associated poles, cross arms, anchors, guys, fixtures, conduits, manholes, service boxes, marker posts and other appurtenances, together with a right of way therefore and the right of ingress thereto and egress therefrom, across, upon, in and under the following described real property: Commencing at the southerly terminus of the course described as south 20°37'05" east 1720.45 feet in the DIRECTORS DEED from the State of California to Contra Costa County Flood Control and Water Conservation District recorded December 28, 1966 in Book 5273 of Official Records at page 323 said point being on the northwest line of East Bay Municipal Utility District (EBMUD) right of way, thence along said EBMUD right of way, south 20°41'30" west 51.40 feet to the Point of Beginning; thence leaving said Point of Beginning south 20°37'05" east 151.48 feet to the southeast line of said EBMUD right of way; thence along said line north 20041'30" east 22.72 feet; thence leaving said line north 20037'05" west 151.48 feet to the northwest line of the EBMUD right of way; thence along said line south 20°41'30" west 22.72 feet to the Point of Beginning. Containing an area of 2273 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (CCS27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: XD Licensed Land Surveyor � q, Contra Costa County Public Works Exp. j t(. 5999 Date: /0 - QFC BLS:jIg gAc1erica1\exhibits\EBMUDP1.ex 10/21/96