HomeMy WebLinkAboutMINUTES - 10191999 - C1-C4 1
Recording Requested By:
Contra Costa County Public Works Dept.
CONTRA COSTA Co Recorder Office
5 Glacier ®itiliSofi STEPRN L, R Clerk-Recorder
Clerk-Recorder255 Glacier Cr;ve
Martinez, CA 94553 DOC 199 -027 3608-00
Return to: W, OCT 26, 1999 14:51:16
FRE $0.00
WHEN RECORDED, RETURN To CLERK Tti Pd $0,00 Nbr-0000708708
BOARD OF SUPERVISORS ire/00/t-�
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
In the Matter of Accepting and Giving RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for ) and NOTICE OF COMPLETION
Pinehurst Road Retaining Walls ) (C.C. § 3086, 3093)
Project No. 0672-6R6352 0672 6R6388) RESOLUTION NO.-,-99/' 9
The Board of Supervisors of Contra Caste County RESOLVES that:
The County of Contra Cosh on August 11, 1999 contracted with Valentine Corporatism, for the extension
and reinforcement of existing retaining thralls, with Reliance Insurance Company as surety, for work to
be performed on the ground's sof the County; and
The Public Works Director reports that .said work has been inspected and complies with the approved
plans, special provisions and standard specifications and recommends its acceptance as complete as
of September 27, 1999.
J
Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on October 19, 1999 by the following vote:
AWES: SUpERVISCRS GIOIA, UHRIMA, DESAi,INIER AND CANCLAMILIA
NOES: NONE
ASSENT: GERBER
CERTIFICATION ANIS VERIFICATION
Contact: Milo Carlson (925)313-2321 1 hereby certify that .his is a true and correct copy of an
C)rig. Cept.:Puhilc Works(Const.) action taken and entered on the minutes of the Board of
CC: Record and Return Supervisors on the date shown:.
Auditor
Public Works- Accounting
- Construction,R. Bruno pC�B� 19 ����
Env.,C. Sellgren AT T ESTEC: _ 3
Traffic, S. Kersevan PHIL BATCHELOR, Clerk of the Board of Supervisors and
Contractor County Administrator
PB/kj 8-f
G:kGrpl:atakc'o,iss, RW
kBOv 's999�10-Ocl�19-PR -accept.doo By .7 -° A Deputy
-- 9
RESOLUTION NO. 9/ 529 ND OF DOCUMENT
i
Recording Requested y:
Contra Costa County Public'Works inept. CONTRA COSTA Cc Recorder Office
Construction Division STEPHEN L, WEIR Clerk-Recorder
Glacier CriveMa'tIne , CA 94553 DOC— 199bi-0276369-00
-
W, OCT 2e, 1099 14:51:28
Return to: FRE $0,00
Ttt Ad $0.00 Nbr-0000700709
ireJl�9J1-i
WHEN RECORDED, RETURN TO CLERK
BOARD OF SUPERVISORS
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for and NOTICE OF COMPLETION
Stone Valley Road Shoulder ) (C.C. § 3036, 3093)
Improvements e Phase ll }
Project No. 4660-6X4244 ) RESOLUTION NO. 991530
The Beard of Supervisors of Contra Costa County RESOLVES than
The County of Contra Costa on August 11, 1999 contracted with Cimarron Construction, for the
installation of an SSRP storm dram and concrete junction box, with United Pacific Insurance Company
as surety, for work to be performed on the grounds of the County; and
The Public Works Director reports that said work has been inspected and complies with the approved
plans, Special provisions and standard specifications and recommends its acceptance as complete as
of October 1, 1999.
Therefore, said work is ACCEPTED as completed on said date, and the Clea shallfile with the County,
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on October 19, 1999 by the following vote:
AYES: SUPERVISORS GIOIA, UHMA, DBSAU NIER AND CANCL4MZL4
ICES: NONE
ABSENT: GERBER
CERTIFICATION AND VERIFICATION
I hereby certify that this is a true and correct copy of an
Contact: Mike Carlson (925)313-2321 action taken and entered on the minutes of the Board of
Orig. Dept.:PuSlic Marks(Const.) Supervisors can the date shown.
Cc: Record and Retain
Auditor OCEOBER 19, :1999
Public Works- Accounting ATTESTED: _
- Construction, R. Bruno PHIL BATCHELOR, Merit of the Board of Supervisors and
- Env,,C. Se##gren County Administrator
- Traffic, S.Kerssvan
Contractor ,
E%
€tarp; y , Deputy
\\,PVVSf\SHARuATA\G!p s°.9lCanst\80\',9 !G-Octt#3-SVS3•s=eptdoc
RESOLUTION NO. 99!530 [AD OF DOCUMUT
a
THE BOARD OF SUPERVISORS, AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AIVO WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEKA, DESAULNIER AND CANGZAMILLA
NOES: NOME
ABSENT: GERBER
ABSTAIN: NONE RESOLUTION NO. 99/ 531
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Govermment Code § 26526.6
SUBJECT: Conveyance of Easementto a es emn Area ower minis ion
Laurel Road Widening for Subdivision 7657
Oakley area
Project No. 4660-6X4901,
The Board of Supervisors as the Governing Body of the Contra Costa County Mood Controland
Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired certain real property
by deed recorded on June 22, 1989, in Hook 15148 at page 214, and on August 2, 1991, in Book 96779
at page 841, in the Oakley area. Western Area Power Administration (WAPA) has requested an
easement over a portion of said property, described in Exhibit "N' attached hereto, for an overhead
transmission line easement. This Board FI'ND'S that the conveyance of such easement is in the public
interest and will not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an overhead transmission
lute easement to Western Area Power Administration over the property described in Exhibit"A"attached
hereto, pursuant to the above-referenced statutory authorities and the Board Chair is hereby
AUTHORIZED to execute a Grant of Easement on behalf of the District.
A Negative Declaration was APPROVED and ADOPTED by the Board on February 17, 1993 for
Subdivision 7657.
The Real Property Division is DIRECTED to cause said Contract and Grant of Easement to be
delivered to the grantee.
LLQ?:eh I hereby certify that this is a trate and correct
C:\GrpData\Rea€Prop\1999-F[#es199-9\reso subd7657.doc copy of an action taken and entered on the
Orig.Dept.: Public Works(RIP) minutes of the Board of Supervisors on the
Contact: L.°,ucy Owens(313-2229) date shown.
cc: Public Works Accounting
Public Works Records ATTESTED: OCMBER 19,_ 1999
Grantee(via R/P) PHIL BATCI R,Clerk of the Board of
Community Development Dept Supervisors and County Administrator
By Deputy
RESOLUTION NO. 99/ 531
Contract No. TRYYC-9902
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
WESTERN, AREA POWER ADMINISTRATION
TRACY-CONTRA COSTA-YGNACIO TRANSMISSION LINE
CONTRACT ANIS GRANT OF EASEMENT
THIS AGREEMENT made as of the day of , 1999,between Contra
Costa County Flood Control and Water Conservation District,a political subdivision of the State
of California(GRAN'TOR), whether one or more, and THE UNITED STATES OF AMERICA,
Department of Energy, Western Area Power Administration(USITED STATES),represented by
the officer execute this agreement,pursuant to the Reclamation Act,Act of June 17, 1902, 32
Stat. 388,and acts amendatory thereof and supplementary thereto, and the Department of Energy
Organization Acts Act of August 4, 1977, 91 Stat. 565.
WITNESSETH:
That the parties.hereto covenant and agree as follows:
1. The GRANTOR,. for mutual benefits and the provisions contained in this agreement,
sloes hereby grant and convey to the l'''tiITED STATES OF AMERICA, and its assigns, a
perpetual easement and right-of-way for electric power and transmission purposes in, upon, over,
and under the land described in Exhibit A,attached hereto and made a part hereof
2. The grant of easement shall include the unimpeded right to enter the above-described
easement area and to locate, construct, reconstruct, operate, maintain, repair,rebuild.,upgrade,
remove,permit the attachment of wires of others, and patrol a transmission line consisting of one
line of poles or structures and appurtenances thereto, supporting conductors of one or more
electric circuits of any voltage together with the present and future right to clear the easement
area and to keep the same clear of brush,timber, inflammable or unauthorized structures or any
other materials deemed by the UNITED STATES to be fire hazards. Rights granted herein shall
includes where necessary,trimming,cutting or removing trees or branches over, on or extending
within the easement area. All materials so removed shall become the property of the UNITED
STATES and shall be disposed of by the UNITED STATES in any manner it deems suitable.
3. The rights granted Herein are subject to easements of record or in use as well as
outstanding mineral rights in third parties.
4. The UNITED STATES shall exercise due care and diligence in the exercise of rights
and privileges granted herein. The UNITED STATES agrees to repair or reasonably compensate
the GRAN TOR for damage to agricultural crops,fences, irrigation systems, drainage systems or
other improvements within the easement that occurs as a result of the rights granted herein.
5. The GRANTOR is the true owner of the property over which this easement is granted,
and has the lawful right to convey this easement interest.
- IET-
Tract No.9 12ET
State of California ) __
County of Contra Costa )
OMBEd 19, 1999 JOAN STALEY
On before rne, ,
a 3epa � Clerk of the Board of Supervisors, Centra Costa County, personally appeared—
9
personally known to me (car 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
e that helshefthey executed the same in his/her/their authorized capacity(les), and that
by hislherltheir 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 tray.hand the day and year first above written.
Signature
Deputy Clerk
_ _
9. The UNITED STATES shall be liable for losses arising from personal injury, death, or
property damage caused by the negligent or wrongful act, or omission of any employee of
Western while performing activities under the Contract, in accordance with the Federal Tart
Claims Act,as amended.
10. The UNITED STATES shall construct, operate and maintain any facilities installed
pursuant to this Contract in compliance with applicable laws, executive orders, and regulations,
including the National Environmental policy Act of 1969, as amended and the Archeological
Resources Protection Act of 1479. The UNITED STATES shall also be responsible for all
activities on the easement related to hazardous materials in its equipment that are necessary to
meet the requirements of the Toxic Substances Control Act,the Solid Taste Disposal Act and
the Resource Conservation Environmental Response Compensation,and Liability Act of 1980,
and the regulations implementing these laws, as amended, and any existing or subsequent
applicable Federal or state laws or regulations.
11. In the event of permanent abandonment sof any or all rights to the easement granted
herein to the UNITED STATES, said abandonment shall be effected by the execution and
recording of a quitclaim deed by the UNITED STATES in favor of the GRANTOR,or his
successors,and the easement granted herein, or any portions therein abandoned, shall terminate.
The UNITED STATES,or its assigns, shall have the right to remove, within a reasonable time,
all structures, facilities, and equipment placed on the easement by or on behalf of the UNITED
STATES, from such abandonment area whether before or after execution of the quitclaim deed.
12. The provisions hereof shall inure to the benefit of and be binding upon the heirs,
executors,personal representatives, administrators, successors, and assigns of the GRANTOR,
and the assigns of the UNITED STATES.
IN WITLESS WHEREOF, the parties hereto have signed their names,the day and year
first above written.
GRAN-TOR: Contra.Costa County THE UNITED STATES OF AMERICA
Flood Control & W ter'Conservation District
F
S
Ey: R. Steven Warner
Tit ir, oarrd of Supervisors .Lands Manager
t nrd� 11 ...a.y ,
t
m3ETd
Tract No.912ET
Drainage Area 30A
Detention Basin No. 2
W.A.P.A. Transmission Line Easement
Drawing EB-10159
Parcel# 1552-1 and 1651-2
Exhibit "A"
Transmission Line Easement
Real property in the City of Oakley, County of Contra Costa, State of California, being a
portion of the parcel of land described in the deed to Contra Costa County Flood Control
and Water Conservation District recorded June 22, 1969, in book 15146 of Official
Records at page 214, and a portion of the parcel of lead described in the deed to Contra
Costa County Flood Control and Water Conservation District recorded August 2, 1991,
in book 16779 of Official records at page 841, described as follows:
Commencing at the north quarter corner of Section 35, Township 2 forth, lunge 2
East, Mount Diablo Meridian; thence along the north line of said Section 35, north
8902418" west 557.83 feet to the intersection with the northerly prolongation of the east
line of parcel nine described in the deed to Western Pacific Housing -- Laurel Woods 11
recorded August 3, 1996, at Series No. 98-183394; thence along said prolongation and
said line, south 0"51'50°° west 86.59 feet to the Point of Beginning; thence from said
Point of Beginning, continuing along said east line, south 0°51'50"' west 24.63 feet;
thence, north 88°19`51" east 123.90 feet; thence north 85003'38'' east 299.41 feet;
thence north 89°24'18°' west 210.68 feet; thence, westerly along the arc of a tangent
curve, concave to the south, having a radius of 2,445.00 feet, through a centrad angle of
4038`42", a distance of 198.22 feet; thence, tangent to said curve, south 85" 57'00" west
13.07 feet to the Point of Beginning.
Containing an area of 7,537 square feet of land, more or less.
This real property description has been prepared by me or under nay direction, in
conformance with the Professional Land Surveyors Act.
Signature: �^ r
nsed _and Surveyorti .�
Contra Costa County Public Works Exp
Date:
OF C1�
JH:sd
GAGrpDataXCW! REXH1B1TS%19990rair age/area 30A.do..-
9120199
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILIKEM, DP.SAFT N—LER'AND CANCTAMIL.LA' -
NOES: No,-,E
ASSENT: G BEE,
ABSTAIN: NONE RESOLUTION NO. 991532
Government Dode'§ 25526.6
onvoyanoo o ars Easement to
the Central Contra Costa Sanitary District
Former Southern Pacific Right of Way,
Parcel Thirty-Four
Alarm Area
Project No. 4565-6G5575
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on December
9, 1995, in Book 12652 at page 579, in the Alamo area for public transit and utility uses.
The Central Contra Costa Sanitary District has requested an easement over a portion of
said property, described in Exhibit"A" attached hereto, for construction and maintenance
of an underground sewer lateral to connect to the District's main sewer facility Located in
the former Southern pacific Flight of Way. 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 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 County in
consideration for the payment received in full in the amount of$3,009.'
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
I hereby certify that this is a true and correct
PS:ePr l , copy of an action taken and entered on the
:1Re , ropi1999-Re5199-10N8R27CCCSanitaryDisWc..doc
orIge Dept,: Pubic Works(RIP) minutes of the Board of Supervisors on the
Contact: Pat Smyers(313-2222) date shown.
CC: Public Works Accounting OCTOBER lg 1999
Public Works Records ATTESTED: >
Grantee(via R/P) PML BATCHELOR,Clerk of the Board of
Recorder(via RIP) Supervisors and County Administrator
Community Development Dept
By : Deputy
RESOLUTION NO. 99P 532
E IBI 'A'
Sanitary Sewer Easement
.All that certain real property situate in the County of Contra Costa., State of
California., described as follows:
Being a portion of the Contra Costa County Parcel 34 (1.2652 OR 570),
(formerly Southern Pacific Railroad Right-of-Way) as shown on the Map of
Subdivision 5198, filed .April 9, 1980, in Book 236 of Maps, Page 32, Contra
Costa. County Records, further described as follows:
Commencing at the most easterly corner of Lot 3 as shown on said Map, said
corner also lies on the southwesterly right-of-way lime of the said Contra
Costa County Parcel 34 (12652 OR 570); thence along the eastern lime of
said Lot 3, North 34"19'30" West, 9.114 teeters to the True point of
Beginning, thence leaving said True Point of Beginning and said easterly lime
North 371419'30" East, 10.973 meters; thence along a lime parallel to said
easterly lot lire, North 34019'30" West, 4.307 meters; thence South
371419'3€3" Fest, 10.973 meters to said easterly lot line and said
southwesterly Contra Costa. County Parcel 34 (1.2652 OR 570); thence along
said easterly lot line and Contra Costa. County Parcel 34 (12652 OR. 570)
South 34*19'319" East, 4.8197 meters to said True Point of Beginning.
c i LQ _
No. 2
NV
F W-4�5
C-C-CO. PARCEL 34 12652 OR 570)
(FOR LY1°TH PACIFIC SAIL ROAD RIGHT
3 1s 3W E
�. OF WAY)
4.807
Vo
4.57 15.00 ft) WIOE
ISANITARY SEWER EASEMENT 9.144 m
4 8077
T•P.O.S.
P.O.C.
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35 26' 00'* E 33.624
EXHIBIT "
PLAT TO ACCOMPANYClvi Engineering ole
LEGAL DESCRIPTION Doff n valley ulevv# 1 : 3w DeBo
Danville; calfs it
9
Recorded at the request of.
Central Contra Costa Sanitary District
After recording return to;
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Attention: purchasing
Former Southern Pacific might of Way
Parcel Thirty-Four
EASEMENTGRANT OF
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY, a political subdivision of the State of California, hereinafter called COUNTY, hereby
grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called GRANTEE, a
nonexciusive right to a perpetual easement and right of way for installing, constructing,
reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a
sanitary sewer pipe or serer pipelines and appurtenances thereto, and for no Cather purposes
whatsoever, along and in all of the hereinafter described parcel of lead situate in the County of
Contra Costa, Mate of California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "An
r
The foregoing grant is rade subject to the following terms and conditions:
I. GRANTEE hereby acknowledges CCIti NT Y's title to said lands and agrees never to assail
or resist said title.
Z GRANTEE shall, prior to any construction or installation within the subject easement area,
submit speck plans and specifications to COUNTY for review and approval. Such
approval, together with any additional requirements to be in the form of a written permit
issued by COUNTY to GRANTEE. The terms of such permit shalt not be inconsistent with
this easement.
3. a. The COUNTY Property subject to this easement (hereinafter the `Property") consists o
a corridor, which COUNTY is in the process of developing for transportation, recreation,
utility and other purposes. Underground utility facilities and a recreational trail are
already in place and it is anticipated that, in the future, a mass transportation system will
be constructed or installed on the Property.
GRANTEE acknowledges that the use just described constitutes the primary use of the
Property and that any and all rights granted or impliedby the Grant of Easement are
secondary and subordinate to the COUNT Y's primary use of the Property. GRANTEE
shall not, at any time, use or permit the public to use the property in any manner that
will interfere with or impair the COUNTY's primary use of the Property.
Page 1 of 7
GRANTEE shall not fence said easement without the express written permission of the
COUNTY first had and obtained and shall remove any fencing when requested by
COUNTY to do so. The GRANTEE shall not otherwise obstruct the easement area,
The GRANTEE shall not use or permit use of the easement for any purpose ether than
those described in this easement.
b. In the event that COUNTY's work in the easement area will disrupt or otherwise
interfere with GRANTEE's facilities, COUNTY shall provide GRANTEE with as much
prior notice as is reasonable under the circumstances before undertaking such activities
on the Property. Absent an emergency or other circumstances indicating that a longer
or shorter notice should be given, thirty days shall be deemed a reasonable notice. To
the extent the circumstances allow, COUNTY and GRANTEE will use their best efforts
to coordinate such work in the easement area so that said works of construction,
reconstruction, upgrading, maintenance, repairs or modifications to or removal of its
facilities can be accomplished with a minimum of disruption to the'services provided b
the GRANTEE, COUNTY and GRANTEE shall cooperate with one another to provide
for the expeditions completion of such work,
c. In the event COUNTY determines that GRANTEE's use of the Property or the exercise
of any of Its rights hereunder interfere with the COUNTY's primary use of the Property,
GRANTEE shall, at the request of the COUNTY and at GRANTEE's sole cost and
expense, remove, modify or relocate its facilities within the easement area or to a
similar easement to be granted to GRANTEE by COUNTY, to the satisfaction of
COUNTY, within thirty ( fl) days after written notice to do so, In the event GRANTEE
falls to do so, said work may be performed by COUNTY at the expense of GRANTEE
which expense GRANTEE agrees to pay to COUNTY promptly ripen demand including
engineering costs and any legal fees incurred to collect said costs. However, COUNT
will not require GRANTEE to pay for the relocated easement area. if GRANTEE is
granted a new or modified easement by COUNTY, GRANTEE shall promptly quitclaim
to COUNTY its interest in the prier easement area.
4. GRANTEE shall not relocate, modify or reconstruct Its facilities without first obtaining the
prior written approval of its pians by COUNTY. This Section does not prohibit GRANTEE
from snaking emergency repairs.
b. Any and all COUNTY facilities, landscaping or miscellaneous improvements, removed or
damaged as a result of GRANTEE's use of said lands shall be repaired or replaced
equivalent to, or better than, their existing condition at the sole cost and expense of
GRANTEE. In the event GRANTEE fall's so to do, said work may be performed by
COUNTY at the expense of GRANTEE, which expense GRANTEE agrees to pay to
COUNTY promptly upon demand, including engineering costs and any legal fees incurred
to collect said costs.
6. COUNTY shall not be held responsible or liable for protecting in place, damage to, or
removal of GI NTEE`s facilities, appurtenances or improvements, caused by or resulting
from COUNTY's use of the property or work or operation thereon. It shall be the sole
responsibility of the GRANTEE to provide and maintain adequate protection and surface
Page 2of7
markings for its own facilities. Subject to the foregoing, if GRANTEE's properly marked,
protected and maintained facilities are damaged by the sole, activenegligence or willful
misconduct of COUNTY, COUNTY shall repair the damage at its sole cost and expense
or, at the discretion of and upon written notice from COUNTY, the damage shall be
repaired by GRANTEE and the reasonable cast of such repair shall be paid for by
COUNTY. Under no circumstance shall COUNTY have any liability to GRANTEE or to
any other person or entity, for consequential or special damages, or for any damages
based on loss of use, revenue, profits or business opportunities arising from or in any way
relating to, any damage or destruction of any portion of the GRANTEE's facilities.
GRANTEE hereby acknowledges that its scale remedy for any damage to or destruction of
any portion of GRANTEE's facilities, to the extent COUNTY is otherwise so liable under
this Grant of Easement, shall be to require COUNTY to repair or replace the damaged or
destroyed portion or reimburse GRANTEE for GRANTEE's reasonable costs and
expenses in repairing or replacing the damaged or destroyed portion, '
7. The easement granted hereunder is non-exclusive. This easement is subject and
subordinate to all existing rights, rights of way, reservations, franchises and easements of
record, or that would be evident from a physical inspection or accurate survey of the
Property, in and to the property. COUNTY shall have the right to require GRANTEE to
modify, remove or relocate its facility within the easement area or to a similar easement to
be granted to GRANTEE by COUNTY at no cost, in a timely manner at GRANTEE's scale
cost as reasonably necessary to accommodate any such existing user's right to construct',
replace, enlarge, repair, maintain and operate Its facilities, in the same mariner as required
by Section 3 of this easement, including the rights and remedies contained therein'.
Nothing contained herein shall be construed to prevent COUNTY from granting other y
easements, franchises or rights of way over said lands, provided' however, that said
subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder.
6. It is understood and agreed that COUNTY has leases and/or licenses with others for all or
a portion of the property. Such arrangements include an underground petroleum products
pipeline right-of-way, fiberoptics facilities and surface recreational trail, and may also
include other uses such as underground natural gas, suer, grater or electrical lines,
overhead electric and communication lines or similar uses. GRANTEE agrees to tape all
precautions required to avoid damage to the facilities of others or the larger parcel, and
GRANTEE agrees that no alteration of ground elevation or the placement of any
improvements or structures shall be made within the easement area, without prior written
approval of the COUNTY and such other users, including, but not limited to the following:
SFPP, Lops
1 IGO Town & Country load
Orange, CA 92365
(794) 560-4960
East Say Regional park District
2623 Oak Road
Walnut Creek, CA 94594
(925) 945-0965
Page 3 of 7
GST Telecom, Inc.
(925)466KK6400
GRANTEE understands that the absence of markers, monuments or naps indicating the
presence of subterranean facilities, whether belonging to the COUNTY or otherwise, does
not constitute a warranty or representation that none exists. GRANTEE accepts this
easement with full cognizance of the potential presence of such, and agrees that forty-
eight (46) hours prior to any subsurface work, GRANTEE will contact Underground
Service Alert at (640)624®2444.
9. a In the exercise of all rights under this easement, GRANTEE shall be responsible for
any and all injury to the public, to individuals and to property arising out of GRANTEE's
use of the Property. GRANTEE shall indemnify, defend, save, protect and hold
harmless, CET ', its officers, agents, employees and contractors from and against
any and all threatened or actual loss, damage (including foreseeable and
unforeseeable consequential damages), liability, claims, suits, demands, judgments,
orders, costs, fines, penalties or expense of whatever character, including but not
limited to those relating to inverse condemnation, and including attorneys" fees,
(hereinafter collectively referred to as "liabilities") to persons or property, direct or
consequential, directly or indirectly contributed to or caused by NTE 's negligence
or willful misconduct in its operations, acts or omissions pursuant to this easement, or
the N T`EE's negligence or willful misconduct in its use of the easement, save and
except liabilities arising through the scale negligence or sole willful misconduct of the
COUNTY, its officers or employees.
b. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
COUNTY from any and all actual or threatened claims, costs, actions or proceedings to
attack, set aside, void, abrogate or annul this grant of easement or any act or approval
of COUNTY related thereto.
c. GRANTEE accepts the Property conveyed pursuant to this easement in an "as is"
physical condition, with no warranty express or implied on the par( of the COUNTY as
to any utter, including but not limited to the condition of the soil, grater, subsurface
strata or ambientair in, on, under, at or in the vicinity of the Property. GRANTEE
agrees that neither GRANTEE, Its heirs, successors or assigns shall ever claim, have
or assert any right or action against COUNTY for any loss, damage or other matter
arising out of or resulting from the presence of any hazardous substance or any other
condition of the Property at the commencement of the easement or from the release of
any hazardous substance in, on or around any part of the Property or in the soil, grater,
subsurface strata' or ambient air by any person or entity other than the COUNTY
following the commencement of this easement. As used herein, 'hazardous
substance" means any substance, material or waste which is or may become
designated, classified or regulated as being '"toxic," "hazardous" or a "pollutant" under
any federal, state or local lave, regulation or ordinance. Nothing in this section is
intended in any gray to restrict the right of GRANTEE to seek contribution or indemnity
from any person or entity other than COUNTY whose activities are a cause of any
Foga 4 of 7
discharge, leakage, spillage or emission of hazardous materials on or to the Property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and
hold the COUNTY harmless from and against any and all claims, demands, liabilities,
expenses (including without limitation attorneys fees and consultants fees), penalties,
damages, consequential damages and losses, and costs (including but not limited to
the costs of any required or necessary testing, remediation, repair, removal, cleanup or
detoxification of the Property and surrounding properties and from and against the
preparation of any cleanup, remediation, closure or other requiredplans whether such
action is required or necessary prior to or following the termination of the easement), of
any kind or nature, to the extent directly caused by GRANTEE's operation or
performance ander this easement, including all costs, claims, damages (including
Property and personal injury) directly caused by the uncovering, release or excavation
of hazardous materials (including petroleum) as a result ofGRANTEE's construction,
reconstruction, maintenance, use, replacement, or removal of its facilities, to the extent
that such activities have increased the costs attributable to the cleanup or remediation
of such hazardous materials.
e. The obligations contained in this section shall survive the expiration or other
termination of this easement.
10. a. GRANTEE understands and acknowledges that COUNTY makes>no representations,
warranties or guarantees of any kind or character, express or implied, with respect to
the Property, and GRANTEE is entering into this transaction without relying in any
manner on any such representation or warranty by COUNT`.
b. COUNTY makes no warranty, guarantee, representation or liability, express or implied,
as to the physical condition of the Property, including, but not limited to the condition
and/or possible uses of the land or any improvements thereon, the condition of the soil
or the geology of the soil, the condition of the air, surface water or groundwater, the
presence of known and unknown faults, the presence of any hazardous substances,
materials, or other kinds of contarnination or pollutants of any kind in the air, soil,
groundwater or surface water, or the suitability of the property for the construction and
use of the improvements thereon. It shall be the sale responsibility of GRANTEE, at its
sole cost and expense, to investigate and determine the suitability of the soil, air,
water, geologic, environmental and seismic conditions of the property for the intended
use contemplated herein, and to determine and comply with all building, ;planning and
zoning regulations relative to the Property and the uses to which it can be put;
{GRANTEE relies solely on GRANTEE's own judgment, experience and investigations
as to the present and future condition of the Property or its suitability for GRANTEE's
intended use.
11. In the event GRANTEE shad cease to use the easement hereby granted for a continuous
period of one year or in the event GRANTEE abandons any of its facilities or fails to use
the easement for the purpose for which it is granted, then all rights of GRANTEE in and to
said lands shall hereupon cease and terminate and title thereto shall immediately revert to
and lest in the COUNTY or its successors. Upon any termination of GRANTEE's rights
hereunder, GRANTEE shall, upon request by COUNTY, and atGRANTEE's sole cost and
Page 5 of 7
expense, remove all its facilitiesfrom said lands and restore said Property to its original
condition. Upon failure of GRANTEE so to do, said work may be perforated by COUNTY
at GRANTEE's expense, which expense GRANTEE agrees to pay to COUNTY capon
demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this
regard.
12. No rights granted hereunder shall be transferred or assigned without the prior written
consent of COUNTY.
13. This easement is granted subject to encumbrances, licenses, leases, easements,
restrictions, conditions, covenants, liens, claims of title, and restrictions of record and any
prior rights of record, or that would be evident by a physical inspection or an accurate
survey, held by others within] said land, against which no warranty is made, and the word
grant" shall not be construed as a covenant against the existence of any hereof.
GRANTEE shall defend, indemnify, save, protect and held harmless COUNTY, its agents,
officers and employees, from any claim, action or proceeding to attack, set aside, void or
annul this easement.
14. The easement granted herein includes incidental rights of maintenance, repair and
replacement of said sewedine and appurtenances together with the free right of ingress
and egress over and across the remaining portion of the COUN7ys property, insofar as
such light of ingress and egress is necessary to the proper use of the rights granted
herein.
16. This grant of easement contains the entire agreement between the parties hereto and
shall not be modified in any manner except by an instrument in writing executed by the
parties or their respective successors in Interest.
16. This grant of easement shall not be construed as if it had been prepared by one of the
parties, but rather as if bath parties have prepared' it. The parties to this grant of easement
and their counsel have read and reviewed this grant of easement and agree that any rule
of construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply to the interpretation of this grant of easement.
Page 6 of 7
17. This indenture and all of the covenants herein contained shallinure to the benefit of and
be binding upon the heirs, successors and assigns of the respective parties hereto,
IN �&ITNSS WHEREOF, this trent of Easement is signed arid' executed this 19th day of
to ~r 1999
CONTRA COSTA COUNTY CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: By:
Chair, B a upervisors PreSide o�rd ofpbrectors
Central Contra Costa
Sanitary District
County of Contra Gusts
State of California
COUNTERSIGNED:
By: CL
Meroary of the Bert rel dry#re
e Sanitary District
County of Contra Costa
State of California
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
October 19 1999
On er � before nom, Phil Batchelor, Clerk of
the Board of Supervisors and County Administrator Contra
Costa County, personally appeared Joseph CanciaM411a
. who is 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(es), and that by hi lhorfth it
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
By:
Deputotlerk
Fora Approved (12J96) .Approved as to Fora:
Victor . estman, County Counsel
CA
It
By; Sy,
--4 IQ"
'Deputy U District Counsel
PS.I 9
Page 7 of 7
Sanitary Serer Easement
All that certain real property situate in the County of Contra Costa, State of
California, described as follows:
Being a portion of the Contra Gaeta County Parcel 34 12552 OR 570),
(formerly Southern Pacific Railroad Right-of-Way) as shown on the Map of
Subdivision 5198, filed April: 9, 1980, in Book 236 of Maps, Page 32, Contra
Costa. County Records. further described as follows:
Commencing at the most easterly comer of Lot 3 as shown on said Map, said
comer also lies on the southwesterly right-of-way line of the said Contra
Costa County Parcel 34 (12652 OR 570), thence along the eastern line of
said Leat 3, North 34019Z0" 'west, 9.114 meters to the True Point of
Beginning; thence leaving said True Point of Beginning and said easterly line
North 37140'30" East, 10.973 meters; thence along a lireparallel to said
easterly lot line, North 3411.9'30,1 West, 4.807 meters: thence South
37040'30" West, 10.973 meters to said easterly lot tine and said
southwesterly Contra Costa County Parcel 34 (12652 OR 570): thence along
said easterly lot line and Centra Costa County Parcel 34 112652 OR 5701
South 34019'30" East, 4.807 meters to said True Point of Beginning.
d
VE
No. 2 485
VA �� �
C-CUCO
PARCEL: 34 (12652 OR 570)
(FORMERLY SOUTHER RAN ROAD RIGHT OF WAy)
S 34 '
.57 15.00 ft} WIDE r
ST SEWER EASEMENT
144 ,
301, E 11-207 Llp =�e
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No. 224
on -'
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EXHIBIT O &'
'LAT TO ACCOMPANY eAt Civil EngineeringLEGAL DESCRIPTION ssmvalley ie
Danville:SANITARY SEWER A > r�
MENT f 37- 73
RESOLUTION NO. 99- 079
A RESOLUTION ACCEPTING A GRANT OF EASEMENT AT NO COST TO THE DISTRICT
FROM CONTRA COSTA COUNTY - ALAMO AREA
JCB NO. 5371, PARCEL NO. 3
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District as follows:
THAT, there is hereby authorized to be accepted a Grant of Easement at no cost
to the District from Contra Costa County, Alamo area, Job No. 5371, Parcel No. 3, and
that the President and Secretary of the District are authorized to adept said Grant of
Easement on behalf of the District; and that said Grant of Easement is hereby accepted;
and
THAT staff is authorized to record said Grant of Easement.
PASSED AND ADOPTED this 2nd day of Septemberl 999, by the ;following vote:
AYES: Members; Boneysteele, Hockett, Neiedly, Lucey
NOES: Members: none
ASSENT: Members: Menesini
/�r�y
resident t of the District Board f the
Central Contra Costa Sanitary District,
County of Contra Costa, Mate of California s
COUNTERSIGNED:
Sec r ry f the Centra C ntra osta
Sandry District, County of Contra
Costa, State of California
Approved as to Form
e on L. Aim
District Counsel
f, 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. 99-479, passed and adopted by said
District Board on September 2, 1999.
Dated: September 7, 1999Sd e a of the i tri t