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HomeMy WebLinkAboutMINUTES - 12112001 - C.11 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 11, 2001, by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 587 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2001/587 conveying an easement to Contra Costa Water District, and to adopt the previously certified Contra Costa Water District Environmental Impact Report for the Multi-purpose Pipeline project. Project No. 7488-6X5096 Clyde Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by map recorded on October 31, 1989, in Book 339 at page 24, in the Clyde area for park purposes. Contra Costa Water District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for an underground waterline. 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 Contra Costa Water 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$26,000. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. RDB:eh I hereby certify that this is a true and correct G:\GrpData\RealProp\2001-Files\BOs&RES\BR27CCWD.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: Ron Babst(313-2226) cc: Public Works Accounting ATTESTED: December 11, 2001 Public Works Records JOHN SWEETEN, Clerk of the Board of Grantee (via R/P) Supervisors and County Administrator Recorder(via R/P) Community Development Dept By , Deputy RESOLUTION NO. 2001/587 December 11, 2001 Page 2 ADOPT the previously certified Contra Costa Water District Environmental Impact Report for the purpose of conveying an easement in compliance with California Environmental Quality Act, and DIRECT the Director of Community Development to file a Notice of Determination, and AUTHORIZE the Public Works Director to arrange for payment of $25.00 fee to Community Development for processing, and a $25.00 fee to the County for filing the Notice of Determination. RESOLUTION NO. 2001/ 587 EXHIBIT "A" PIPELINE EASEMENT CONTRA COSTA CO. TO CONTRA COSTA WATER DISTRICT Being all of"Park A" as shown on that certain Subdivision Map entitled "Subdivision 7178 Park Highland Estates 11" filed for record October 31, 1989 in Book 339 of Maps at Page 24 Official Records Office of the County Recorder, County of Contra Costa, State of California. Said "Park A" is described in a"Quit Claim Deed(s)" as shown in those certain documents recorded April 5, 1991 in Book 16503 Page 661, Book 16503 Pages 662-667, Book 16503 Pages 668-673 and Book 16503 Pages 674-678 inclusive in the Office of the County Recorder, County of Contra Costa, State of California. Containing 10,550 square feet of land (0.24 acre) more or less. The intent of this "Proposed Pipeline Easement" is for a perpetual easement and right of way for the purposes of laying down, constructing reconstructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for the transmission and distribution of water, a pipe or pipe lines and all necessary braces, connections, fastenings, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in under, along and across said "Park A" (339 M 24). This description was based on record information. The attached Plat Map "Exhibit B" is made a part of this description. ��APlD � S J \j Exp/ /�(;. �po` \\N 1 A 1\SURVEY\SDSKN?ROP20000T]ega1100-420-016B.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description, Common Name (if any) and Location: Contra Costa County Real Property Transactions associated with the Multi-purpose Pipeline Project. On November 17, 1999, the Contra Costa Water District Board of Directors certified the Environmental Impact Report(EIR). The Contra Costa County Board of Supervisors is adopting the Water District's EIR to address the real property transactions associated with the project. Contra Costa County wishes to grant a perpetual easement for a parcel (Park A of Subdivision 7178) to allow CCWD to lay down, construct, reconstruct, remove, replace, repair, maintain, operate, and use, as the Grantee sees fit, for the transmission and distribution of water, a pipe or pipe lines and all necessary braces connections, fastening, and other appliances and fixtures for use in connection with the Multi-purpose pipeline project(Exhibits A and B). The County will grant Contra Costa Water District a perpetual easement(approximately 0.24 acres in size) to make and maintain the pipeline improvements. Project Location: The proposed project is located in Big Oak tree Park in the Clyde Area of Central County. Pursuant to the provisions of the California Environmental Quality Act: ( X ) An Environmental Impact Report was prepared and certified (SCH#97082090) (certified by the Contra Costa Water District) is being adopted by the Board of Supervisors) ( ) The Project was encompassed by an Environmental Impact Report previously prepared for (SCH # ). ( ) A Negative Declaration was prepared following identification of a potentially significant impact. The Neg Dec Copies of the record of project approval and the Negative Declaration or the final EIR may be.examined at the office of the Contra Costa County Community Development Department. ( ) The City of Pleasant Hill determined the project will not have a significant environmental effect. ( ) The Project will have a significant environmental effect. ( ) Mitigation measures were made a condition of approval of the project. ( X ) A statement of overriding considerations was adopted by Contra Costa Water District. The Board of Supervisors is adopting the certified EIR. ( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Contra Costa County Public Works Dept. EIR- $850 Total Due: $ 255 Glacier Drive Neg. Dec. - $1,250 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Trina Torres _X_ County Clerk - $50 Receipt#: GAGrpData\EngSvc\ENVIRO\2001 projects\CEQA only\NOD\Big Oak Tree Park Easement.doc EXHIBIT "A" PIPELINE EASEMENT CONTRA COSTA CO. TO CONTRA COSTA WATER DISTRICT Being all of"Park A" as shown on that certain Subdivision Map entitled "Subdivision 7178 Park Highland Estates II" filed for record October 31, 1989 in Book 339 of Maps at Page 24 Official Records Office of the County Recorder, County of Contra Costa, State of California. Said "Park A" is described in a "Quit Claim Deed(s)" as shown in those certain documents recorded April 5, 1991 in Book 16503 Page 661, Book 16503 Pages 662-667, Book 16503 Pages 668-673 and Book 16503 Pages 674-678 inclusive in the Office of the County Recorder, County of Contra Costa, State of California. Containing 10,550 square feet of land (0.24 acre)more or less. The intent of this "Proposed Pipeline Easement" is for a perpetual easement and right of way for the purposes of laying down, constructing reconstructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for the transmission and distribution of water, a pipe or pipe lines and all necessary braces, connections, fastenings, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in under, along and across said "Park A" (339 M 24). This description was based on record information. The attached Plat Map "Exhibit B" is made a part of this description. \-Ad\:D J� Exp/ \\N 1 A 1\SURVEY\SDSK\PROJ\200007\legals\100-420-016B.doc EXHIBIT "B" G a o ya 0� WO 7.47' 01 � 204 V \ o 0 N 10.00' Q PSDE 9J, Vol o Oo 000 PIPELINE EASEMENT TOTAL PARK "A" AREA = 10,550 sq ft t \ 0.24 ACRE f "NEW LOT LINE" AS SHOWN ON (339 M 24) N CREATED BY (7580 OR 245) O \ O �IR ��000 p RREN Nu. 607? J T i F OF C-A ,F PLAT TO ACCOMPANY LEGAL DESCRIPTION 7901 STONERIDGE DRIVE SUITE 427 PLEASANTON, CALIFORNIA 94588-3600 BIG OAK TREE PARK "PARK A" , (339 M 24) (925) 463-2000 SCALE: DATE: JOB NO.: PIPELINE EASEMENT 1" = 30 12/06/2000 5109911031.03 J:/SURVEY/SDSK/PROJ/200007/DWG/APN100-42-16. Recorded at the request of: of-iyo Contra Costa Water District e``� '" T`"'`t r7.loi After recording return to: '(h. CCWD 2300 Stanwell Drive P. O. Box H2O Concord, CA 94524 Attention: Demetri Polyzos A.P.N. 10-420-016 GRANT OF EASEMENT 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 "COUNTY"), hereby grants to Contra Costa Water District, (hereinafter "GRANTEE"), a nonexclusive right to a perpetual easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining,operating and using a water pipeline and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situate in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. FOR PLAT MAP SEE EXHIBIT B, ATTACHED HERETO. The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for park purposes. GRANTEE acknowledges and agrees that the use just described constitutes the primary use of the Property, and GRANTEE's use shall not unreasonably interfere with County's use. GRANTEE shall not, at any time, use or permit the public to use the easement area in any manner that will interfere with or impair the COUNTY's primary use of the Property. GRANTEE shall not fence said easement without the prior written approval of the COUNTY, and shall remove any fencing when requested by COUNTY to do so. GRANTEE shall not otherwise obstruct the easement area. 2. COUNTY TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications to the COUNTY for review and approval. Such approval, together with any additional requirements, shall be in the form of a written permit issued by COUNTY to GRANTEE. b) Normal maintenance by GRANTEE of its facilities within the easement area, including but not limited to inspection and cleaning of existing pipelines, shall not require prior notice to the 1 COUNTY unless significant excavation is required. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: COUNTY reserves the right to require GRANTEE to modify its facilities or to relocate said facilities within the easement at GRANTEE's sole expense. In the event that GRANTEE fails to commence the required work within thirty days after being directed to do so by COUNTY, or such reasonable extension as COUNTY may agree to in writing, or fails to complete the required work within a time specified by COUNTY, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area GRANTEE shall promptly quitclaim to COUNTY its interest in the vacated easement area. 5. DAMAGE TO COUNTY PROPERTY: The Property, and any and all County facilities, landscaping or other improvements, removed or damaged as a result of the use of the easement area by GRANTEE, or any other person or entity acting under GRANTEE's direction or control, shall, at COUNTY's discretion and direction, be repaired or replaced by COUNTY, with all reasonable costs and expenses to be paid by GRANTEE (including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at the sole cost and expense of GRANTEE, equivalent to.or better than their existing condition. In the event that GRANTEE fails to commence the repair or replacement of County Property, facilities, landscaping or other improvements within thirty days after being directed to do so by COUNTY, or such reasonable extension as COUNTY may agree to in writing, or fails to complete said repair or replacement within a reasonable time thereafter, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 6. DAMAGE TO GRANTEE'S FACILITIES: (a) Except as noted herein, COUNTY shall have no responsibility for the protection, maintenance, damage to, or removal of GRANTEE'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 marking for its own facilities. b) Subject to the foregoing, if GRANTEE's properly marked, protected and maintained facilities are damaged by the active negligence 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 pre-approved and reasonable cost of such repair shall be paid for by COUNTY. c) GRANTEE hereby acknowledges that its sole remedy against COUNTY 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 of GRANTEE's facilities or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 2 d) COUNTY shall, in each contract by which it retains any Contractor to do work in the Property, include language requiring the Contractor to (1) indemnify GRANTEE against and to hold GRANTEE harmless from property damage resulting from flooding in the vicinity of the GRANTEE's facilities to the extent caused by the damage or destruction of any portion of the GRANTEE's properly marked, protected and maintained facilities by the Contractor's equipment or employees, and (2) name GRANTEE as an additional insured under its liability insurance policies. Notwithstanding the foregoing, COUNTY shall have no liability or obligation to GRANTEE if GRANTEE's facilities are damaged by a contractor or if, for any reason, any contractor or insurance company fails to indemnify, protect or hold GRANTEE harmless as provided herein. e) Notwithstanding anything to the contrary set forth in the above paragraphs, if GRANTEE's properly marked, protected, and maintained facilities are damaged as a result of COUNTY's negligence orwillful misconduct, and said damage results in flooding of surrounding properties, if DISTRICT is required to pay to repair or replace property damaged by such flooding (either by the terms of a settlement, or by a binding arbitration award or a judgment), COUNTY agrees to reimburse District for the COUNTY's proportional share of the amount that DISTRICT is thus required to pay. Such proportional share shall be determined by mutual agreement or, in the absence of such agreement, by a final judicial determination of comparative fault. f) GRANTEE agrees that this section sets forth its sole remedies against COUNTY for any breach of this agreement, and/or for any damage to GRANTEE's facilities, and/or for any liability resulting from damage to GRANTEE's facilities. g) Under no circumstances 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. 7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, 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, in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate the COUNTY's, or any other existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the existing users. If GRANTEE damages the facilities or improvements of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be construed to prevent COUNTY from granting other easements, franchises, licenses or rights of way over said lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with GRANTEE's use of the Property. GRANTEE shall 3 indemnify, defend, save, protect and hold harmless, COUNTY, 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, to the extent directly or indirectly contributed to or caused by the granting of this easement , GRANTEE's operations, acts or omissions pursuant to this easement, or the GRANTEE's use of the easement, save and except Liabilities arising through the sole 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 easement area in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the COUNTY as to any matter, including but not limited to the physical condition of the Property and/or 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 substance, materials, or other kinds of contamination 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 sole responsibility of GRANTEE, at its sole cost and expense, to investigate and determine the suitability of the soil, 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 and is not relying in any manner on any representation or warranty by COUNTY. 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, water, 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 law, regulation or ordinance. Nothing in this section is intended in any way 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 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 attorney's fees and consultants fees), penalties, damages, consequential damages and losses, and costs (including but not limited to the costs of any 4 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 required plans 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 or contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including petroleum)as a result of GRANTEE's construction, reconstruction, maintenance, use, replacement, or removal of its facilities, to the extent that such activities increase 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. 9. NO WARRANTIES: 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 COUNTY. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and shall immediately revert to and vest in COUNTY or its successors. Upon any such termination of GRANTEE's rights, GRANTEE shall, upon request by COUNTY, and at GRANTEE's sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this work may be performed by COUNTY at GRANTEE's expense, which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. 11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of COUNTY. 12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of COUNTY's adjacent lands lying outside of the aforesaid strip of land above described. 13. ENTIRE AGREEMENT: 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. 14. CONSTRUCTION: This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both 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. 5 15. SUCCESSORS AND ASSIGNS: Subject to paragraph 11, This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 11th day of December , 2001. CONTRA COSTA COUNTY GRANTEE CONTRA COSTA WATER DISTRICT By_ By9141, Chair, PArd of Su rvisors Walter J. shop General Manager G:\GrpData\RealProp\2001-Files\01-8\EA17PA-CCWD.doc 1/22/01 STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA ) On December 11,2001 before me,;jam gam,Clerk of the Board of Supervisors and County Administrator,Contra Costa County, personally appeared GAYLE B. UILKEMA ,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 instru- ment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signa- ture(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. By. Z De uty Clerk Form Approved (07/99) Victor J. Westman, County Counsel 6 EXHIBIT "A" PIPELINE EASEMENT CONTRA COSTA CO. TO CONTRA COSTA WATER DISTRICT Being all of"Park A" as shown on that certain Subdivision Map entitled "Subdivision 7178 Park Highland Estates II"filed for record October 31, 1989 in Book 339 of Maps at Page 24 Official Records Office of the County Recorder, County of Contra Costa, State of California. Said "Park A" is described in a"Quit Claim Deed(s)"as shown in those certain documents recorded April 5, 1991 in Book 16503 Page 661, Book 16503 Pages 662-667, Book 16503 Pages 668-673 and Book 16503 Pages 674-678 inclusive in the Office of the County Recorder, County of Contra Costa, State of California. Containing 10,550 square feet of land(0.24 acre) more or less. The intent of this "Proposed Pipeline Easement" is for a perpetual easement and right of way for the purposes of laying down, constructing reconstructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for the transmission and distribution of water, a pipe or pipe lines and all necessary braces, connections, fastenings, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in under, along and across said "Park A" (339 M 24). This description was based on record information. The attached Plat Map "Exhibit B" is made a part of this description. �A D S No.6071 W M, ry J' Exp/ r. O_ A� \\N 1 A 1\SURVEY\SDSK\PROJ\200007\legals\100-420-016B.doc EXHIBIT "B" oa�o� 7.47' 0 6g \ JNE EPOgg��R j0� -o / 0 gO TIM �� a� N ,o.00' Qo PSDE 7,n Q mac^ lk 5159 o�p o 31 o Q o\ N6g � op ��g PIPELINE EASEMENT \. TOTAL PARK "A" AREA = 10,550 sq ft :I: \ 0.24 ACRE t "NEW LOT LINE" AS SHOWN ON (339 M 24) N CREATED BY (7580 OR 245) O \ o J \ 650 Q' �r0kND S� RRRE-y No.60i1 I N6g'�J o Exp./Z / +\- C\ OFrAl��f- BVRN 09 PLAT TO ACCOMPANY LEGAL DESCRIPTION BIG OAK TREE PARK 7901 SDRIVE SUITE 427 PLEASANTONNTON, CALIFORNIACA94588-3600 "PARK A", (3 3 9 M 2 4) (925) 463-2000 0 Grow SCALE: DATE: JOB NO.: PIPELINE EASEMENT 1" = 30 12/06/2000 510991 1031.03 M=j .I-/qI IRVFY/gOSK/PR0.1/200007/DWr/APN 100-42-1 6_d%