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_
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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