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HomeMy WebLinkAboutMINUTES - 11041997 - C1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None .,-RESOLUTION NO. 97/ 622 Government Code § 25526.6 iT SUBJECT: Conveyance of Easement to the Central Contra Costa Sanitary District Former Southern Pacific Right of Way -► W. A. 5489 Hookston Station, Pleasant Hill Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property for public transit and utility uses by deed recorded on June 30, 1989, in Book 15172 at page 13. Part of the former Southern Pacific Right of Way in the Pleasant Hill area, the property was purchased using funds from the Contra Costa County Redevelopment Agency because the County did not have sufficient funds to consummate the purchase. In order to qualify for a partial state reimbursement of costs, however, title to the property was taken in the name of the County. Pursuant to a Purchase Agreement dated December 3, 1985, the Central Contra Costa Sanitary District has requested an easement over a portion of said property, described in Exhibit"A" attached hereto, for the construction, operation and maintenance of underground sanitary sewer facilities. This Board FINDS that the conveyance of such easement 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 easement to the Central Contra Costa Sanitary District over the property as described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of $100,000. This Board also DIRECTS the Auditor-Controller to credit said sales revenue to the Redevelopment Agency as partial reimbursement for funds used in the original purchase of the property. The Real Property Division is DIRECTED to cause above-referenced Grant of Easement to be delivered to the grantee. Orig.Dept.: Public Works(R/P) Contact: Nancy Wenninger(313-2227) cc: Public Works Accounting t tatsdy eraAlfy tftat this to a true end camel Dopy of Public Works Records as aelbn taken end entered on the mtnuta d IAs Grantee(via R/P) Board d Supervlsaa on the date shown. Recorder(via R/P) ATMffM& Nnvpmhpr 14, 1997 PHIL BATCHELOR,Clerk of the board NW:gpp all supenleom and County Administrator g:kealprop\97-10\br27A.wpd October 16,1997 RESOLUTION NO. 97/ 622 EXHIBIT "A" PARCEL 10 - EASEMENT "A" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Portion of the parcel of land described in the deed from John V. Hook, etal to Contra Costa County (County) recorded on June 30, 1989 in Book 15172 of Official Records of said county at page 13 (15172 O.R. 13) described as follows: Commencing at the southwest corner of above referenced County parcel (15172 O.R. 13); thence along the southerly line of said County parcel being also the northerly line of the 40 foot.wide road known as Mayhew Way south 89' 35' 35" east 101.06 feet to the most southerly corner of said County parcel (15172 O.R. 13) being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along the southeasterly line of said County parcel (15172 O.R. 13) north 8' 42' 40" east 252.26 feet to an angle point in said southeasterly line; thence leaving said southeasterly line north 53' 42' 40" east 141 .42 to a point on the northeasterly continuation of said southeasterly line; thence along said southeasterly line north 8' 42' 40" east 1004.21 feet to the most easterly corner of said County parcel (15172 O.R. 13); thence along the northerly line of said County parcel being also the southerly line of the 50 foot wide road known as Hookston Road north 88' 49' 31 " west 29.15 feet; thence leaving said northerly line south 8' 42' 40" west 932.57 feet to the beginning of a curve; thence from said beginning of curve southwesterly along a curve concave to the northwest having a radius of 121 .51 feet through a central angle of 51 ' 31' 00" a distance of 109.26 feet to a point of reverse curvature; thence southerly along a curve concave to the southeast having a radius of 156.75 feet through a central angle of 51 ' 31' 00" a distance of 140.94 feet; thence south 8' 42' 40" west 207.22 feet to the southerly line of said County parcel (15172 O.R. 13); thence along said southerly line south 89' 35' 35" east 34.36 feet to the POINT OF BEGINNING. ,LANDS., J 4 C., Z c V. 1231199 No.5265 # -9 �Of CALIFC A.P.N. 148-360-027 A:\PED\4224-a.dsc DP 4224 Page 1 of 3 Contra Costa County April 8, 1997 EXHIBIT "A" PARCEL 10 - EASEMENT "B" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Portion of the parcel of land described in the deed from John V. Hook, etal to Contra Costa County (County) recorded on June 30, 1989 in Book 15172 of Official Records of said county at page 13 (15172 O.R. 13) described as . follows: A 10 foot wide strip of land the centerline of which is described as follows: Commencing at the southwest corner of above referenced County parcel (15172 O.R. 13); thence along the westerly line of said County parcel north 8 ' 42' 40" east 507.11 feet; thence continuing along said westerly line northerly along a curve concave to the east having a radius of 500.00 feet through a central angle of 17" 30' 00" a distance of 152.72 feet; thence continuing along said westerly line north 26` 12' 40" east 56.08 feet; thence continuing along said westerly line north 8 * 42' 40" east 315.11 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING leaving said westerly line north 86" 36' 08" east 134.08 feet to a point upon a line drawn parallel with and 28.90 feet westerly of the easterly line of above said County parcel, said parallel line being the westerly line of hereinabove described PARCEL 10 - EASEMENT "A", said line having a bearing of north 8* 42' 40" east. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to terminate in the west upon above said westerly line of the County parcel (15172 O.R. 13) and in the east upon above said parallel line. SAND Sv9 A Cyg9 G�.t 0 . 12131/99 * No.6265 OF CAUFC A.P.N. 148-360-027 A:\PED\4224-b.dsc DP 4224 Page 2 of 3 Contra Costa County April 8, 1997 Recording Requested By: -- central Contra Costa Sanitary District And When Recorded Mail to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attn: Purchasing Portion of Assessor's Parcel No. 148-360-027 GRANT OF EASEMENT THIS AGREEMENT, made and entered into this 4th day ofiovember 1997, by and between Contra Costa County, a political subdivision of the State of California ("Grantor"), and Central Contra Costa Sanitary District, a public corporation organized and existing under the laws of the State of California ("Grantee"), WITNESSETH: THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, hereby grants to the Grantee and to its successors and assigns perpetual non-exclusive easements and right-of-way, as described herein and in Exhibit One, for the purpose of constructing, altering, replacing, repairing, maintaining, and operating sanitary sewer pipelines and appurtenances, as the Grantee may see fit, in, under, along, and across that certain real property described in Exhibit One. WITH respect to the exercise of the rights herein granted, the parties hereto agree as follows: 1. The Grantor grants to the Grantee non-exclusive "Surface Access Easements" providing the Grantee the right to use the ground surface of the real property described in Exhibit One, for all purposes necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating sanitary sewer pipelines and related sewer facilities, including, but not limited to, access for pedestrians, vehicles, and equipment of all varieties. 2. The Grantor grants to the Grantee "Sub-Surface Facility Easements" as particularly described in Exhibit One which provides to the Grantee the right to construct, alter, replace, repair, maintain, and operate underground sewer pipelines and related sewer facilities in such configurations and in such sizes as determined by the Grantee. The Grantee shall enjoy full use of the easement as provided for herein. 3. Both the "Surface Access Easements" and the "Sub-Surface Facility Easements" are perpetual and non-exclusive. However, any "Sub-Surface Facility Easements" granted by the Grantor to any "user" other than the Grantee subsequent to this Grant of Easement and which overlap or overlay the "Sub-Surface Facility Easements" as described in Exhibit One shall require the "user" of the subsequent easement to enter into a common use agreement with the Grantee, approval of which shall not be unreasonably withheld, which shall contain, at a minimum, the following provisions: 1 a'. The "user" shall remove or relocate their facility in a timely manner and at no cost to the Grantor or Grantee as reasonably necessary to accommodate the Grantee's right to construct, alter, replace, enlarge, repair, maintain, and operate the Grantee's pipelines. b. When the Grantee determines to undertake a project which shall necessitate the removal or relocation of the "user's"facility within the Grantee's "Sub-Surface Facility Easement,"the Grantee shall notify the "user" of the need to remove or relocate said facility. The "user" shall submit a removal or relocation plan to the Grantee within thirty (30) calendar days of receipt of notice to do so. The Grantee shall review and comment on the plan within thirty (30) calendar days of its receipt. The "user" shall modify the plan to incorporate the Grantee's comments and resubmit the plan for Grantee's approval. The approval by the Grantee shall not be unreasonably withheld. C. Any damage done to the Grantee's facilities by the "user" shall be repaired by the Grantee and all costs shall be paid for by the "user." The "user" shall provide a bond or other surety acceptable to Grantee on or before the execution of the common use agreement by the Grantee, in a sufficient amount to the Grantee as a guarantee that the "user" shall remove or relocate their facilities upon notification to do so by the Grantee. d. The "user" shall defend, indemnify, save and hold harmless the Grantee and its officers and employees from any and all claims, costs and liabilities for any damages, injury or death arising from or connected with the performance hereof, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of "user" or any other person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in the subsequent easement, save and except claims or litigation arising through the sole negligence or willful misconduct of the Grantee, who shall make good to and reimburse the Grantee for any expenditures including reasonable attorneys' fees, the Grantee may make by reason of such matters. "User" further agrees that the "user" shall save and hold the Grantee harmless from any and all damages arising out of inverse condemnation concerning such matters, save that the Grantee shall be responsible for a share of liability corresponding solely to the actual percentage of the cause in fact of the sewer facilities as deliberately designed and constructed. "User" further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of the Grantee and its officers and employees. 4. The construction of additional pipelines beyond those presently planned or the enlargement of the existing or planned pipelines shall be considered an expansion of capacity. Prior to the Grantee's use of the easements described in Exhibit One to expand capacity the Grantee shall submit plans or other appropriate documentation to the Grantor for approval. Approval shall be limited to a determination of interference of a permanent nature with the Grantor's use of the property as described in Exhibit One. The approval by the Grantor shall not be unreasonably withheld. The Grantor shall provide comments to the Grantee in writing within thirty (30) calendar days if Grantor believes said expansion unreasonably interferes with the Grantor's use of the property described in Exhibit One as provided herein. 2 5. In the event either the Grantor or the Grantee undertake construction or any variety of excavation within the easements described in Exhibit One or immediately adjacent thereto, said party shall reasonably notify the other party and give said second party thirty (30) calendar days to review whether the proposed construction or excavation may impact their facilities or operations. 6. The Grantor is considering among other things, the possibility of developing a transit use such as an exclusive busway or fixed guideway system which may require the Grantor's use of certain portions of the real property within the areas described in Exhibit One as the "Surface Access Easement" and "Sub-Surface Facility Easement." The Grantor retains the right to the reasonable use of all of the real property described in Exhibit One as long as the use is compatible with the Grantee's easement rights as set forth herein. The Grantor's right to the reasonable use includes the responsibility of the Grantor to maintain at the Grantor's expense all real property under its control, as described in Exhibit One, and any immediately adjacent real property owned by the Grantor. Compatible surface uses by the Grantor of the "Surface Access Easement" shall include, but not be limited to, landscaping, fences, surface parking, trails, roads, streets, other utility facilities specifically provided for elsewhere in this Grant of Easement, or other paved surfaces for an exclusive transit way. Uses which are not compatible shall include, but not be limited to, buildings with foundations, multi-leveled parking facilities, embankments or other permanent structures with foundations which would prevent reasonable access for maintenance and repair of the sanitary sewer facilities. The Grantor also considers as a compatible use the placement of noise or retaining walls within the property described in Exhibit One. It is the intent of the Grantor not to locate the foundation of a permanent wall within twelve (12) feet, and under no circumstance closer than ten (10) feet, of the center line of the "Sub-Surface Facility Easement" as described in Exhibit One. A wall which has the ability to be readily removed and replaced can be considered for use within the above limits. The Grantor also considers compatible uses of all of the property described in Exhibit One as including the placement of transit station facilities such as loading platforms (of a minimal nature) and canopies or the placement of rails at crossovers and transitions over the "Sub- Surface Facility Easement" as described in Exhibit One, as long as all reasonable efforts are extended to minimize such overlay. The Grantor agrees that in no event shall the rails for such a system be located over the Grantee's pipeline for more than 300 uninterrupted feet. 7. The Grantor is considering among other things, the possibility of developing a transit use such as an exclusive busway or fixed guideway system which may require the Grantor's use of certain portions of the real property within the areas described in Exhibit One as the "Surface Access Easement" and "Sub-Surface Facility Easement." The Grantee proposes to construct, alter, repair, replace, maintain, and operate future and existing sewer pipelines within the easements described in Exhibit One. Special protective measures may be required for the Grantee's sewer pipelines. The Grantee shall determine and provide the necessary protective measures at the sole cost and expense of the Grantee as long as the Grantor's proposed transit use is located outside of the "Sub-Surface Facility Easement". If the Grantor elects to overlay the transit 3 system on the "Sub-Surface Facility Easement" as provided for in Condition 6., then the Grantee shall determine if additional protective measures are necessary and the Grantor shall bear the full cost and expense of the installation of the additional protective measures. In the event the Grantor's overlay of the transit system on the Grantee's "Sub-Surface Facility Easement" requires the relocation or reconstruction of the Grantee's pipeline, laterals, or other facilities, the Grantor shall be responsible for all costs associated with the relocation or reconstruction. The Grantee shall act as the lead agency in the relocation or reconstruction of the Grantee's sewer facilities. The Grantor shall reimburse the Grantee for all of Grantee's expenses incurred in such relocation or reconstruction. The Grantee shall hold the Grantor harmless to the maximum extent allowed by the law, from any and all claims, costs, and liability for any damages to the Grantee's pipeline, and consequential damage resulting therefrom, due to the Grantor's construction or operation of a transit system or other surface use, to the extent that said damage to pipeline was caused by Grantee's failure to design and construct said pipeline with the necessary protective measures consistent with the surface uses and construction of the facilities associated therewith as set forth in Condition Nos. 6. and 7. of this Grant of Easement. This hold harmless condition specifically shall not apply in any event where the damage to the pipeline or consequential damage therefrom results from the negligence of the Grantor or its contractor or any agent thereof, or from construction or surface uses inconsistent with the terms set forth in Condition Nos. 6. and 7. of this Grant of Easement. In the event that damage to the Grantee's pipeline occurs due to the joint negligence of the Grantor or its contractor or any agent thereof and the Grantee, by failure to design and/or construct said pipeline with the necessary protective measures, each party shall be responsible for said portion of the damages in direct relation to its share of actual fault. 8. The Grantee presently owns and operates several underground pipelines pursuant to existing agreements with the Southern Pacific Transportation Company within the real property described in Exhibit One. The Grantor shall grant to the Grantee easements for these pipelines similar to those described herein and as provided for in Exhibit One. Upon conveyance of the easements for these existing pipelines the Grantee shall relinquish all former rights as established in said existing agreements. In exchange the Grantor recognizes the Grantee's prior existing rights to construct, install, maintain, and operate sewer pipelines and appurtenances which are contained in said existing agreements and the Grantor agrees that Grantor's existing property rights and the rights it may acquire in the future shall in effect be subordinate to the above mentioned_ prior existing rights of the Grantee. Further, the Grantee shall not be required to relocate its existing sanitary sewer facilities within these areas. 9. If the Grantee performs any work within the limits of the real property described in Exhibit One, the Grantee shall restore the surface of the ground to its condition prior to the commencement of the work at the Grantee's sole cost and expense. 10. If the Grantee proposes to do work of a non-emergency nature which may interfere with the Grantor's operation of the transit system the Grantee agrees that, prior to start of that work the Grantor and the Grantee shall enter into an agreement providing a work plan and schedule which minimizes the effect of the work on the operation of the transit system_ Interference shall be defined as any action requiring termination or limitation of revenue 4 service and would include any excavation, interruption of propulsion power supply, or penetration of the transit corridor by construction equipment. The parties shall act in an expeditious manner to reach an agreement, and shall not unreasonably delay the Grantee from accomplishing said non-emergency work. In the event that either party identifies an emergency situation, said party shall notify the second party immediately of said emergency situation. Emergency shall be defined as a situation which causes discontinuation of the operation of the Grantee's pipelines or of the operation of the transit service, or a situation which presents an immediate threat to the operation of the Grantee's pipeline or the operation of the transit service. An emergency shall additionally include any rupture, leakage or other damage to the sewer system which creates a present or an immediate threat' of creating a health hazard or dangerous sanitation condition and where the hazard or dangerous condition cannot be corrected by immediate measures not affecting operations of the transit system thereby allowing for the permanent corrective measures on a non-emergency basis. In the event of an emergency situation, the Grantee shall not be responsible for any loss of transit revenue or other damages to the Grantor resulting from the inconvenience or interruption of service on the Grantor's transit system, so long as the Grantee makes every reasonable effort to immediately alleviate the cause of the emergency situation in a manner which minimizes the impact on the Grantor's transit system operation. 11. The Grantor and the Grantee shall require all contractors or contractors assigns who shall undertake construction on any portion of the real property described in Exhibit One to list the other party as an additional insured on the contractor's project policy and further require the contractor to indemnify both parties in a like manner. 12. The description of the easements contained herein are based on the best available information. When a more precise location of either existing or proposed pipelines has been determined by either field surveying or detailed engineering data, the Grantor and the Grantee shall affect an adjustment (increase and/or decrease) to the easements provided for herein in order to produce the final easement as intended by this conveyance. 13. The Grantee shall defend, indemnify, save, and hold harmless the Grantor and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the performance of this Grant of Easement and the design, construction, operation, and maintenance of all sewer facilities currently within or which may be constructed within the easements described in Exhibit One, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Grantee or any person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in Exhibit One and any immediately adjacent real property owned by the Grantor, and shall make good to and reimburse the Grantor for any expenditures, including reasonable attorney's fees, the Grantor may make by reason of such matters. The Grantee further agrees that the Grantee shall be responsible for any and all damages arising out of inverse condemnation concerning the design and construction of sewer facilities in existence or to be built within the easements described in Exhibit One solely to the extent of the share of the damages proved corresponding to the Grantee's actual portion of the overall fault. 5 The Grantor shall defend, Indemnify, save, and hold harmless the Grantee and its officers and employees from any and all claims, costs, and liability for any damages, injury, or death arising from or connected with the performance of this Grant of Easement and the design, construction, operation, and maintenance of all surface and subsurface use facilities, solely or jointly owned or controlled by the Grantor, including the existing condition as well as the future maintenance of the surface of the real properties described in Exhibit One and any immediately adjacent real property owned by the Grantor, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Grantor or any person under its control, including but not limited to liability arising from injury or death to members of the public using its real property, and shall make good to reimburse the Grantee for any expenditures, including reasonable attorney's fees, the Grantee may make by reason of such matters. The Grantor further agrees that the Grantor shall save and hold the Grantee harmless from any and all damages arising out of inverse condemnation concerning all the Grantor's activities occurring within the real property described in Exhibit One and any immediately adjacent real property owned by the Grantor, save that the Grantee shall be responsible for a share of the liability.corresponding solely to its actual liability. 14. This Grant of Easement shall inure to the benefit and shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. CONTRA COSTA COUNTY CENTRAL CONTRA COSTA �TARY DIS RCT �"Givu By: Wet-- ct�� By: Chair, Board of Supervisors President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California State of California ) County of Contra Costa ) On November 4, 1997 before me, Phil Countersigned: Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Supervisor Mark DeSaulnier , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to JoyUpary �/lurphy the within instrument andacknowledged to me that he/she Sec of the Central Contra Costa executed the same in his/her authorized capacity, and Sanitary District that by his/her signature on the instrument,the person, or the entity upon behalf of which the person acted,executed the instrument. Approved to orm' By Kenton L. m Depu Clerk District Counsel Approved as to Form: Victor J. estman Co my Coun By- e NW:glo g:Vea1prop197-4\cccsd.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On /W7— before me, WM. W. GREGORY, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared MARIO M. MENESINI. and JOYCE E. MURPHY , NAME(S)OF SIGNER(S) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),.. and that by his/her/their Wm.W.Gregory 3 signature(s) on the instrument the person(s), mV E.E Comm.#1022694 or the entity upon behalf of which the CONTRA COSTA COUNTY n person(s) acted, executed the instrument. NOTARY PUBLIC CALIFORNIAQ ivoA Comm Expires Aprii 30 19913 j WITNESS my hand and official seal. W� SIGNAT F N ARY 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 PRESIDENT and SECRETARY TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CENTRAL CONTRA COSTA SIGNER(S)OTHER THAN NAMED ABOVE SANITARY DISTRICT ©1993 NATIONAL NOTARY ASSOCIATION-6236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 EXHIBIT ONE PARCEL 10 - EASEMENT "A" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Portion of the parcel of land described in the deed from John V. Hook, etal to Contra Costa County (County) recorded on June 30, 1989 in Book 15172 of Official Records of said county at page 13 (15172 O.R. 13) described as follows: Commencing at the southwest corner of above referenced County parcel (15172 O.R. 13); thence along the southerly line of said County parcel being also the northerly line of the 40 foot wide road known as Mayhew Way south 89" 35' 35" east 101.06 feet to the most southerly corner of said County parcel (15172 O.R. 13) being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along the southeasterly line of said County parcel (15172 O.R. 13) north 8" 42' 40" east 252.26 feet to an angle point in said southeasterly line; thence leaving said southeasterly line north 53" 42' 40" east 141 .42 to a point on the northeasterly continuation of said southeasterly line; thence along said southeasterly line north 8" 42' 40" east 1004.21 feet to the most easterly corner of said County parcel (15172 O.R. 13); thence along the northerly line of said County parcel being also the southerly line of the 50 foot wide road known as Hookston Road north 88' 49' 31" west 29.15 feet; thence leaving said northerly line south 8" 42' 40" west 932.57 feet to the beginning of a curve; thence from said beginning of curve southwesterly along a curve concave to the northwest having a radius of 121 .51 feet through a central angle of 51 " 31' 00" a distance of 109.26 feet to a point of reverse curvature; thence southerly along a curve concave to the southeast having a radius of 156.75 feet through a central angle of 51 " 31' 00" a distance of 140.94 feet; thence south 8" 42' 40" west 207.22 feet to the southerly line of said County parcel (15172 O.R. 13); thence along said southerly_line south 89* 35' 35" east 34.36 feet to the POINT OF BEGINNING. �►Arvo s c.� ',jH A C,y9�'9G P. 12/31/99 * No.5265 tJ� �F OF CAL* A.P.N. 148-360-027 A:\PED\4224-a.dsc DP 4224 Page 1 of 3 Contra Costa County April 8, 1997 EXHIBIT ONE PARCEL 10 - EASEMENT "B" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Portion of the parcel of land described in the deed from John V. Hook, etal to Contra Costa County (County) recorded on June 30, 1989 in Book 15172 of Official Records of said county at page 13 (15172 O.R. 13) described as follows: A 10 foot wide strip of land the centerline of which is described as follows: Commencing at the southwest corner of above referenced County parcel (15172 O.R. 13); thence along the westerly line of said County parcel north 8 42' 40" east 507.11 feet; thence continuing along said westerly line northerly along a curve concave to the east having a radius of 500.00 feet through a central angle of 17' 30' 00" a distance of 152.72 feet; thence continuing along said westerly line north 26' 12' 40" east 56.08 feet; thence continuing along said westerly line north 8' 42' 40" east 315.11 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING leaving said westerly line north 86' 36' 08" east 134.08 feet to a point upon a line drawn parallel with and 28.90 feet westerly of the easterly line of above said County parcel, said parallel line being the westerly line of hereinabove described PARCEL 10 - EASEMENT "A", said line having a bearing of north 8' 42' 40" east. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to terminate in the west upon above said westerly line of the County parcel (15172 O.R. 13) and in the east upon above said parallel line. ��•LAMD Seg SAN A.Qlq G� pQ .12/31/99 No.SM -9�OF Cp1.`�� A.P.N. 148-360-027 A:\PED\4224-b.dsc DP 4224 Page 2 of 3 Contra Costa County April 8, 1997 • � . EXHIBLT� 01VE CENTRAL CONTRA..COSTA ShWTAARY DISTRICT RIGHT SEWER Mrrr I .,t.ii ._ .•, is t�ilhu.ty.•. HOOKSTON RD 'n � R/W � - - - - 29.15' 161.39' (T) N88°49'31"W rn N ' co � N86°36'08 E 28.9- 34.08' jII �@d P.O.B. .. EASEMENT ..8,. w 10' 0 5' ;,,, :t N EASEMENT \ 00 0 t'0 ,z nl� I Z ��� a COUNTY Qv 15172 0.R. 131b1 EASEMENT '.A., � . � w clq f It 40 0 I a z 17-30, 7. 0-oo,- , 152.7,?99 " '•,o' 1 � N S$t°tT2p^E O C> clq d Q 17'20"E Nco 70 7° 937 + 0 %)s 2S D0 Q` f « o SAND loo' l W QSs N81°17'40--W w .� P. 12-31-99 p S$t° A" No. 5265 z ? �= rh , a �-y �P 1` Nlht d TF OF CA\—\��P� G7 N nt O O+' i W h rh ° N°` N 00� Zt Q7 � IU�7�N � J Z t�N cv r o00f N r7 l o d t ' z P.O.B. �` EASEMENT "A'• 0 100 200 6! 10.11, 10.11' 101.06'(T) 4 „ L.! P.Q.C. S89°35'35"E r — �R/W�— - - - - o - - - N V T MAYHEW WAY 0 r v DRAWN 13Y CHECKED BY THOMAS BRO. JOB NO. GAR, TJH EAC 49C2 4224 a SCALE DATE CO.ASSMT.NO, PARCEL 1"=100' 4/8/97 148-360-027 10 " PAGE 3'OF 3 I e RESOLUTION NO. 97- 159 A RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF GRANT OF EASEMENT BETWEEN CONTRA COSTA COUNTY AND CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT PROJECT NO. 4224, PARCEL 10 WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District did approve on December 5, 1985, the purchase of property rights along the former Southern Pacific Railroad right of way from Contra Costa County; and WHEREAS, said approval included purchase of property rights on a portion of the former Southern Pacific Railroad right of way designated as Parcel No. 10 and commonly known as Hookston Station in Pleasant Hill. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District as follows: THAT there is hereby authorized to be accepted an easement from Contra Costa County, Job No. 4224, Parcel No. 10; and THAT the President of the Board of Directors and Secretary of the District are hereby authorized and directed to execute and accept said Grant of Easement for and on behalf of Central Contra Costa Sanitary District; and THAT staff is hereby authorized to record said easement. H:\PP\SPGRNTS.CWS Resolution No. 97-159 Page 2 PASSED AND ADOPTED this 2nd day of October, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly, Menesini NOES: Members: None ABSENT: Members: None Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joce E. Murphy Secr ary, Central Contra Col Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton . Alm, District Counsel 1, Joyce E. Murphy, Secretary of the CENTRAL CONTRA COSTA SANITARY DISTRICT, of the County of Contra Costa, State of California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 97- /5, passed and adopted by said District Board on DCT. 2 , 1997.