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Home My WebLink AboutMINUTES - 11051996 - C4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 96/ 503 Government Code § 25526.6 SUBJECT: Irrevocable Offer of Dedication to Central Contra Costa Sanitary District Project No. 4500-6X3101 WPE 336 Pacheco Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired, by various deeds, certain real property located at Center Avenue and Pacheco Boulevard in the Pacheco area. Central Contra Costa Sanitary District has requested an offer of dedication for an easement over a portion of said property, described in Exhibit"A"and shown on Exhibit"B" attached hereto, for sewer service to the Pacheco Town Hall. This Board FINDS that the conveyance of such offer of dedication 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 offer of dedication to Central Contra Costa Sanitary District over the property described in Exhibit "A" and shown on Exhibit"B" attached hereto, pursuant to the above-referenced statutory authorities and the Board Chair is hereby AUTHORIZED to execute an Irrevocable Offer of Dedication on behalf of the County. The Real Property Division is DIRECTED to cause said Irrevocable Offer of Dedication to be delivered to the grantee. Orig. Dept: Public Works(R/P) Contact: Donna Dawkins(313-2224) cc: Public Works Accounting Public Works Records Grantee(via R/P) DD:lo Recorder(via R/P) I h9febtr ON*trial thk is a true and ottrrau a g:lrea1prop4emp\bi27A.t9 an scion taken and and9entteerred on utero pmkww Dowdel aw Clerk of the b*W RESOLUTION NO. 961503 RECORDING REQUESTED BY 1t� CENTRAL CONTRA COSTA SANITARY DISTRICT AFTER RECORDING RETURN TO CENTRAL CONTRA COSTA SANITARY DISTRICT . INFRASTRUCTURE DIVISION 5019 IMROFF PEACE MARTINEZ, CA 94553-4392 Job No. Parcel No. 125-130-018 IRREVOCABLE OFFER OF DEDICATION -- SEWER PURPOSES For good and valuable consideration,received, Contra Costa County, a political subdivision of the State of California , kzcttcarsdt � , (hereinafter"Owner"), being the present title owner of record of the parcel of land described in Exhibit"A", attached hereto, does hereby make an irrevocable offer of dedication to the Central Contra Costa Sanitary District (hereinafter"District"}, a special district of the State of California, and its successors or assigns, of an exclusive subsurface easement and nonexclusive surface easement (characterized as an easement in gross for all purposes of this dedication), situated in the County of Contra Costa, State of California, as described in Exhibit "A" (written legal description) and shown on Exhibit "B"tplat map), attached hereto,for the right to construct,alter, operate, maintain, replace (the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary laterals and appurtenances thereto, in such location and across such easement area as is hereinafter described in Exhibit "N',together with the free right of ingress and egress and emergency access to said easement over and across the remaining portion of the Owner's property, insofar as such right of ingress,egress and emergency access is necessary for the proper use of the rights granted-herein and provided that said rights of ingress and egress shall be limited to the roadway(s), pathway(s), or other avenue(s) or route(s) to the extent possible and as reasonably necessary to accomplish the purposes of construction, reconstruction, repair and maintenance of the sewer facilities within the parcel of land and the easement, as described herein. The Owner reserves the right to landscape or make such other use of the lands included within the easement which is consistent with the District's use; however, such use by the Owner shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, outbuilding, swimming pools, tennis courts, retaining wails, decks, patios or other concrete architectural structures within the easement. Owner hereby warrants that Owner possesses such title as required to make such offer of dedication and that upon total or partial failure of title resulting from the existence of a title superior to that of the Owner in the certain real property described in Exhibit "A;'attached hereto, Owner will make compensation in damages for the losses sustained by the District. It is understood and agreed that the District, and its successors or assigns, shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered easement, or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board-of Directors of the District, and its successors or assigns. Further, it is understood and agreed that the Owner shall indemnify, save and hold harmless the District for any costs or liability incurred by the District with respect to the easement in gross described herein, prior to the formal acceptance by the Board of this irrevocable offer of ripr iratinn . ^ Inconsideration of this irrevocable offer of dedication,the District and its successors or assigns shall supply sewer service for the real property described in Exhibit"A", attached hereto,to the Owner or his heirs, successors, and/or assigns, provided that all applicable District rules, procedures, specifications, and all provisions of the District Code are adhered to, including payment ofall applicable fees. The provisions of this irrevocable offer shall inure to the benefit of and be binding upon the heirs, successors, assigns, and personal representatives Vfthe respective parties hereto. |nwitness whereof,these parties have executed this instrument this day 19___ CENTRAL CONTRA COSTA SANITARY DISTRICT County of Contra Costa,State of California CONTRA By- Id By Ge��M�a��o� Engineer or� �� of Supervisors � / ST/TE OF CALIFORNIA ) COUNTY C)FCONTRA COSTA ) ,On November 5, 1996 before nne.Phil Batchelor,Clerk ofthe Board of Supervisors and County r. Oootnu Costa County, 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) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(jes),and that by his/her/their signature(s) on the instrument the person(s).orthe entity upon behalf ofwhich the peraon(s)acted, executed the instrument. � By Deputy Col, APH0\/ED AS TO FO8M Victor J.Weetmoan. County Counsel CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT of WAY MAP for SEWER CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 6298 OR 34 —_ —40 ---_ - ---— -- - -- -� 2 per. CONTRA SCHIRECK PORTION 2 2 COSTA 9655 OF COUNTY OR HAYDEN ��i,�,� 493 PARK PACHEM 8011JUVAM LAND \N lfGyc<`o Exp.12/31/99 N0. 6630 s91�of EXHIBIT "B" DRAWN BY CHECKED BY THOMAS BRO. JOB AL JTS 13 B 7 5147 SCALE DATE CO. ASSMT. NO. PARCEL 1"=100' 7-8-96 125-130-018 1 JOB NO. 5147 PARCEL NO. 1 EXHIBIT W! LEGAL DESCRIPTION REAL PROPERTY SITUATED IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PORTION OF HAYDEN PARK AS SHOWN ON THAT CERTAIN MAP ENTITLED "TOWN OF PACHECO, PORTION OF HAYDEN PARK", FILE NO. M411-96 FILED IN THE SURVEYOR'S OFFICE OF CONTRA COSTA COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND TEN (10) FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 5 AS SAID PARCEL IS SHOWN ON SAID MAP, SAID CORNER BEING ON THE NORTH LINE OF CENTER AVENUE; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 82005'31" EAST (THE BEARING SOUTH 82005'31" EAST SHALL BE USED AS THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION) 40.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF AN EXISTING 8-INCH SANITARY SEWER PIPELINE AND ITS NORTHERLY EXTENSION NORTH 08029'32" WEST 470.17 FEET. THE SIDE LINES OF THE SOUTHERLY TERMINUS OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO COINCIDE WITH THE NORTH LINE OF CENTER AVENUE. END OF DESCRIPTION * Emp.12-3149 f No.LS#90 7 Of CAU