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HomeMy WebLinkAboutMINUTES - 12021997 - C7 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: December 2, 1997 SUBJECT: FORMER SP RIGHT OF WAY EASEMENT AT DANVILLE STATION - DANVILLE AREA - W.O. 5575 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the "Acknowledgment And Agreement Regarding Easement" dated November 5, 1997 between the Town of Danville Civic Improvement Corporation and the County and AUTHORIZE the Board Chair to execute same on behalf of the County. DIRECT the Real Property Division of the Public Works Department to have said document recorded in the Office of the County Recorder. II. Financial Impact: None. III. Reasons for Recommendations and Background: In 1985, the County purchased an easement from Southern Pacific across the Danville Station property and the recorded easement document contained ambiguous language in the legal description. Subsequently, Southern Pacific transferred underlying fee title to a portion of the property to the Town of Danville who transferred it to the Civic Improvement Corporation. The County and the Corporation desire to clarify the easement description to clear up any ambiguities in the County's easement interest. IV. Consequences of Negative Action: A cloud will remain on the County's title to its easement interest. Continued on Attachment: SIG NATUR _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON -12/2/1997 APPROVED AS RECOMMENDED_OTHER_ VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: �nlfhb b e bne and cared Dopy of 1= V&takentered on the minula of"tlw Board of Supervisors on the date shown. DD:gpp December 2. 1997 g:\realprop\BOa2-12.wpd ATrE �PHIL BATCHELOR,Cierk of the board Orig. Div: Public Works(R/P) of Supe"'sa'and County A ffunL&atw Contact: Donna Dawkins (313-2224) De�M cc: County Administrator Recorder(via R/P) - Y7 RECORDING REQUESTLj BY C AND WHEN RECORDED MAIL TO: Contra Costa County Public Works Department Real Property Department 255 Glacier Drive Martinez, CA 94553 Attn: Donna Dawkins ACKNOWLEDGMENT AND AGREEMENT REGARDING EASEMENT THIS ACKNOWLEDGEMENT AND AGREEMENT REGARDING EASEMENT is made as of this 5th day of November , 1997, by and between THE TOWN OF DANVILLE CIVIC IMPROVEMENT CORPORATION, a non profit public benefit corporation, ( "TDIC" ) and Contra Costa County, a political subdivision of the State of California ( "County" ) . RECITALS A. Southern Pacific Transportation Company ( "Southern Pacific" ) and County entered into a Purchase Agreement dated December 3 , 1985 (the "1985 Purchase Agreement" ) , whereby County agreed to purchase from Southern Pacific certain real property in fee and several easements for transit, recreation and utility purposes; B. Pursuant to Section 4 .a (iv) of the 1985 Purchase Agreement, the County purchased a thirty (30) feet wide easement, including appropriate transition area to and from the 100 ' wide right of way at each end, for transit system, recreation and underground utility purposes along the westerly side of Parcel 48 (the former Danville Station property between Prospect Ave . and San Ramon Valley Blvd) (the "Parcel 48 Easement" ) ; C. Pursuant to a Judgment in Eminent Domain recorded in the Office of the Recorder for the County of Contra Costa on February 15, 1989 ( "Judgment in Eminent Domain" ) , Southern Pacific trans- ferred to the Town of Danville certain real property, which is more particularly described on Exhibit A attached hereto and incorpo- rated herein by reference, which property transfer was taken subject to the County' s easement (the "TDIC Property" ) ; D. TDIC is the successor in interest to the Town of Danville with regard to the TDIC property; E. As part of a Settlement Agreement, Southern Pacific and the County have executed a Correction Grant Deed, which has been recorded on , as Instrument No. , in the Official Records of Contra Costa County, California, to clarify the legal description for and correct certain provisions with regard to that portion of the Parcel 48 Easement located on Southern Pacific' s property not conveyed by the Judgment in Eminent Domain; and Page 1 F. TDIC and the County hereby desire to acknowledge, affirm and agree upon the legal description for that portion of the Parcel 48 Easement encumbering the TDIC Property (the "easement" ) to prevent any future misunderstandings between TDIC and the County as to the easement' s priority and legal description. NOW THEREFORE, in consideration of the mutual covenants, servitudes and restrictions contained herein and other valuable consideration, the parties hereto agree as follows : 1 . Recitals . The Recitals are incorporated herein by reference . 2 . Acknowledgement of Easement . TDIC and County hereby affirm, acknowledge and agree that County owns in perpetuity all right, title and interest in and to the easement that encumbers the TDIC Property, which easement is more particularly described on Exhibit B attached hereto and incorporated herein by reference . The County' s rights to the easement are exclusive, and the County reserves all rights for exclusive, full and complete use of the area comprising the easement . 3 . Covenants Running with the Land. TDIC and County hereby agree that this Acknowledgement and Agreement Regarding Easement shall be binding on the parties hereto and shall be covenants running with the land and shall inure to the benefit of and be binding on the successors and assigns of TDIC, County and all the owners of the real property subject to the easement encumbering the TDIC Property and all other parties having or acquiring any right, title or interest in any part of the real property encumbered by the easement described herein. IN WITNESS WHEREOF, the parties hereto represent that he/she is duly authorized to execute this Agreement on behalf of whom he/she signs this Agreement as of the day and year first above written. Dated: 11/5/97 THE TOWN OF DANVILLE CIVIC IMPROVEMENT C PORATION, a non pro it pub is en ;tGrporation By. Its -' MIKE Doyle rest sen CONTRA COSTA COUNTY, a political subdivision of the State of California By: UWL Its : Mark DeSaulnier Chair, Board of Supervisors Page 2 State of California ) County of Contra Costa ) On December 2, 1997 , before me, Shirley Casillas a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Supervison Mark DeSau_lpier_, Chair, Board of Supervisors 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 capacity(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. In witness whereof, I have hereunto set my hand the day and year first above written. Signature puty Clerk g:Veal propVorms W K 1.m November 22,1995 Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Contra Costa On November 10, 1997 before me, Rochelle A. Flotten DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- personally appeared MIKE DOYLE NAME(S)OF SIGNER(S) ` 1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name is/go— subscribed to the within instrument and ac- knowledged to me that he/sWtt*p executed the same in his/jkw/the+r authorized capacity(W, and that by his/,W_ Lt ROCHELLE A.FLOTTEN signatures&} on the instrument the person(< COMM. or the entity upon behalf of which the Notary Publiclic—Callfalltornla CONMA COSTA COUNTY person(*—acted, executed the instrument. My Comm.Expires MAY 26.1996 WITNESS my hand and official seal. -tom �t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Acknowledgement and Agreement Regarding Easement TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 4 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 11/5/97 OTHER: President DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Town of Danville SIGNER(S)OTHER THAN NAMED ABOVE Civic Improvement Corporation ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Page 4 TOWN OF DANVILLE CIVIC IMPROVEMENT CORPORATION RESOLUTION NO. 1-97 AUTHORIZING THE BOARD PRESIDENT TO EXECUTE AN ACKNOWLEDGMENT AND AGREEMENT REGARDING EASEMENT WITH CONTRA COSTA COUNTY FOR THE RAILROAD AVENUE MUNICIPAL PARKING LOT WHEREAS, the Town of Danville Civic Improvement Corporation owns real property commonly known as the Railroad Avenue Municipal Parking Lot; and WHEREAS, Contra Costa County owns an easement which is improved with the Iron Horse Trail and which easement encumbers a portion of the Municipal Parking Lot; and WHEREAS,the Town and the County have recently discovered that there is a discrepency in the recorded legal description of the County easement which understates the physical extent of that easement; and WHEREAS, the Town and the County would like to clarify this discrepancy by recording an agreement acknowledging the precise location of the easement; now, therefore, be it RESOLVED,by the Town of Danville Civic Improvement Corporation that the Board President is hereby authorized to execute an Acknowledgment and Agreement Regarding Easement with respect to the County easement over the Railroad Avenue Municipal Parking Lot; and be it further RESOLVED,that by executing this Acknowledgment,the Town of Danville does not alter its opposition to use of the Iron Horse Trail for light rail. APPROVED by the Town of Danville Civic Improvement Corporation at a Regular Meeting on November 5, 1997, by the following vote: AYES: Doyle, Waldo, Arnerich, Greenberg, Shimansky NOES: None ABSTAINED: None ABSENT: None PRESIDENT AF�ROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK Page 5 EXHIBIT "A" All that real property described in the Final Order of Condemnation recorded February 15, 1989 in Book 14885 at page 133 through 140, records of Contra Costa County, California, by Danville Community Development Agency, plaintiff, v. Southern Pacific Transportation Company, et al, defendants. H:\EXA.WPD Page 6 Danville Station EXHIBIT ".B" Permanent Easement A portion of the Rancho San Ramon in the Town of Danville, County of Contra Costa, State of California, being a portion of that parcel of land described in the deed to Southern Pacific Transportation Company, formerly the Southern Pacific Railroad Company recorded October 2, 1891, in Book 60 of Deeds at page 402 records of said County, described as follows: Commencing at the point of intersection of the centerline of Hartz Avenue with the centerline of Church Street as said point of intersection is shown-on the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, San Ramon Valley Boulevard and Hartz Avenue," recorded October 24, 1966 in Book 5230 of Official Records at page 517, records of said County; thence southwesterly along the centerline of Church Street and its prolongation south 38014'27" west 280.00 feet to the southwesterly right of way line of Railroad Avenue, also being the northeasterly line of said Railroad Company parcel (60 D 402), thence along said line south 51045'33" east 50.00 feet; thence leaving said line south 38°14'27" west 240.00 feet to the northeasterly boundary line of "Danville Estates"filed October 17, 1946 in Book 31 of Maps at page 22, the Point of Beginning; thence from said Point of Beginning along said northeasterly line and its prolongation north 51'45'33" west 766.16 feet; thence north 48011'39" east 137.05 feet; thence southeasterly, along the arc of a nontangent curve, concave to the southwest, the center of said curve bears south 38029'32" west, having a radius of 600.00 feet, through a central angle of 23053'45"; an arc distance of 250.24 feet to a point of reverse curve, concave to the northeast; thence southeasterly along said reverse curve, having a radius of 600.00 feet through a central angle of 24008'50", an arc distance of 252.87 feet; thence tangent to said curve south 51045'33" east 254.29 feet; thence south 38014'27" west 30.00 feet to the Point of Beginning. Containing an area of 49,363 square feet (1.133 acres) of land, more or less. Excepting therefrom: The existing easements for streets and drainage purposes per 7367 O.R. 715 and 7097 O.R. 689. Bearings and distances are based on the California Coordinate System Zone III (CCS 27). Multiply distances by 1.0000945 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land s Signature: - �o vAND sup / Lice sed Land Surveyor Contra Costa County Public Works Date: /D- 3- �}7 * Exp. L No. 5999 RZ:jI9 or CAIIF���\P GACLERICALIEXHIBIMRANCHOMPD 8/26/97 Page 7 r EXHIBIT " B " j t t I NTERL7� EASEMENT FOR ST EET AND! f j DRAINAGE PURPOSES 7 76 O.R, 715, N 7097 O.R. 6 9 t ON4 ° I r7l t ! r0 SCALE 1" 140' ,J AV co ° co t N N n t t! co tp -th. N N _ t > tt'tt tun CCA --� Z > N Com` � !� �3'-� a� . t t S38°14'27"W 177.17' cs w t 1 -ern ,J TO COM ! �— CURVE DATA i N o-QZ A 15o.0o' 14-28-50" 37.91' ICA I ' �0o - & 150.00' 230 22'07" 61.18' I c �' om 189.00' 13°54'21" 45.87' i w co i c A 600.00' 04-53-17" 51.19' ! - f�7 (JI 600.00' 19°00'28" 199.05' i 600.00' 05-06-35" 53.51' �c Ln! CDCm A 600.00' 19°02'15" 199. . t 2$0_00, _� -- CHURCHST 255.00' 210.OD' Page 8