HomeMy WebLinkAboutMINUTES - 09092003 - C.18THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 9, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILREMA, GREENBERG AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR GLOVER
ABSiAIN: NONE
RESOLUTION NO, 2003/ 533
(Gov. Code § 25526.6)
SUBJECT: ADOPT Resolution No. 2003/ 533 approving the conveyance of easements to the
Dublin San Ramon Services District/East Bay Municipal Utility District Recycled
Water Authority (DERWA), and authorizing the execution of a Real Property Sales
Agreement for DERWA's San Ramon Valley Recycled Water Program (Phase 1)
project. (SCH# 96013028). San Ramon Transportation Corridor.
San Ramon Area.
Project No 0678-6G5577
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on December 31,
1986, Book 13358 at page 487, in San Ramon for transportation purposes. DERWA has requested
surface, subsurface and temporary construction easements over a portion of said property for the
installation of an approximately 16" recycled water pipeline as referenced in the Grant of Easement.
This Board FINDS that the conveyance of such easements 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 permanent surface
and subsurface easements and temporary construction easements to DERWA over the property
described in the Grant of Easement attached hereto, pursuant to Government Code Section
25526.6. The Board Chair is hereby AUTHORIZED to execute the easement documents and the
Public Works Director, or his designee, is AUTHORIZED to execute a Real Property Sales
Agreement for the above property, each on behalf of the County in consideration for the payment
by DERWA in amount of $900,000.00, to be received in full by County, which consideration will be
deposited into the Southern Pacific Right of Way Special Revenue Fund (138800).
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Ong. Dept.: Public Works (R/P)
Contact: [lick R. Awenius (313-2220
cc: Public Works Accounting
Public Works Records
C. Sellgren, PW Env. Svcs.
Recorder (via R/P)
K. Piona, CDD
Board Girders Senior Clerk, Adm.
Robert A. Baker, DERWA, Grantee
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED: SEPTEMBER 09, 2003
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
ByDeputy
tax,,.._...._
RESOLUTION NO, 2003/ 533
Subject: ADOPT Resolution No. 2003/ 533 approving the conveyance of easements to the
Dublin San Ramon Services District/East Bay Municipal Utility District Recycled
Water Authority (DERWA), and authorizing the execution of a Real Property Sales
Agreement for DERWA`s San Ramon Valley Recycled Water Program (Phase 1)
project. (SCH# 96013028). San Ramon Transportation Corridor.
Date: September 9, 2003
Page: 2
The Real Property Division is DIRECTED to cause said easement documents and Real
Property Sales Agreement to be delivered to DERWA.
The Board hereby ADOPTS the previously certified Dublin San Ramon Services District
(DSRSD)— East Bay Municipal Utilities District (EBMUD) Recycled Water Authority (DERWA) Final
Environmental Impact Report (SCH #96013028) (FEIR) forthe San Ramon Valley Recycled Water
Program project; FINDS, based on the evidence outlined in the DERWA FEIR, that the significant
impacts as a result of the project are within the jurisdiction and responsibility of DERWA, not Contra
Costa County; FINDS that DERWA has adopted mitigation measures that substantially lessen the
significant impacts of the project; FINDS that granting the necessary easements to accommodate
the installation of the pipeline facilities will not cause a significant impact; DIRECTS the Director of
Community Development to file a Notice of Determination with the County Clerk; and
AUTHORIZES the Public Works Director to arrange for payment of a $25 fee to Community
Development for processing, and a $25 fee to the County Clerk for filing the Notice of
Determination.
On December 16, 1996, DERWA adopted a Final Environmental Impact Report for the San
Ramon Valley Recycled Water Program Project. The County Board of Supervisors is adopting this
previously approved EIR for the purposes of conducting a number of Real Property transactions
with DERWA including granting a surface easement, a subsurface easement, and various
temporary construction easements to allow for DERWA's installation of an approximately sixteen
inch recycled water pipeline in the County's San Ramon Transportation Corridor (SRTC) in the San
Ramon area.
RESOLUTION NO. 2003/ 533
DERWA Easement
RECORDING REQUESTED BY
Dublin San Ramon Services District - East Bay Municipal Utility District Recycled Water
Authority (DERWA)
AND WHEN RECORDED MAIL TO
DERWA
7051 Dublin Blvd.
Dublin, CA 94568
Attn: Robert A. Baker, P.E.
Authority Manager
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
THIS Grant of Easement is made and entered into this day of , 2003, by
and between CONTRA COSTA COUNTY, a political subdivision of the State of California
("County") and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL
UTILITY DISTRICT RECYCLED WATER AUTHORITY, a public corporation organized and
existing under the laws of the State of California ("DERWA").
RECITALS
A. County owns fee title absolute to a strip of land of varying width that runs from north
Concord through the City of Walnut Creek to the City of San Ramon in Contra Costa County.
Said strip of land is more commonly known as the San Ramon Transportation Corridor (the
11SRTC" ).
B. DERWA desires to acquire one (1) permanent surface easement and one (1) permanent
subsurface easement (together the "DERWA Easements" or the "Property") to install,
maintain, and operate one (1) approximately sixteen inch (16") diameter steel underground water
transmission pipeline ("Recycled Water Pipeline"), and all necessary appurtances. The
DERWA Easements will extend from the Contra Costa / Alameda county line northward to the
northerly edge of Bollinger Canyon Road, all in the City of San Ramon. The DERWA
Easements are more particularly described in Exhibits "A" and "B," and shown on Exhibit "C,"
each of which Exhibits is attached hereto and made a part hereof.
t
1C. DERWA also desires to acquire Temporary Construction Easements ("TCEs") for the
operation of equipment during the initial construction of the Recycled Water Pipeline, over those
areas of the SRTC described in Exhibit "D-1," "D-2," "D-3," and "D-4," which Exhibits are
attached hereto and made a part hereof, and shown on Exhibit "C."
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DERWA. Easement
AGREEMENT
1. SURFACE ACCESS EASEMENT: County hereby grants to DERWA a non-exclusive,
non -apportionable "Surface Access Easement" providing .DERWA the right to use the ground
surface of the real property described in Exhibit "A" and shown on Exhibit "C," for all purposes
necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating
the Recycled Water Pipeline and related facilities, including, but not limited to, access for
pedestrians, vehicles, and equipment of all varieties for the above-described purposes.
DERWA's use of the Surface Access Easement shall be subject to the limitations of this Grant of
Easement.
2. SUB -SURFACE EASEMENT: County hereby grants to DERWA a non-exclusive,
non -apportionable "Sub -Surface Easement," as particularly described in Exhibit "B" and
shown on Exhibit "C" hereto, which provides DERWA the right to construct, alter, replace,
repair, maintain, and operate the Recycled Water Pipeline and related facilities in such
configurations and in such sizes as described in the Plans and Specifications referred to herein.
DERWA's use of the Sub -Surface Easement shall be subject to the limitations of this Grant of
Easement.
3. TEMPORARY CONSTRUCTION EASEMENT: DERWA intends to construct the
Recycled Water Pipeline in four (4) separate phases. Each phase is expected to last no more than
ninety (90) days. County hereby grants to DERWA non-exclusive, non -apportionable
Temporary Construction Easements over and across that certain real property described in
Exhibits "D-1," "D-2," "D-3," and "D-4" and shown in Exhibit "C" (the "TCE Areas"). The
TCEs herein granted shall include DERWA's right to enter upon the TCE Areas with personnel,
vehicles, and equipment for the installation of DERWA's Recycled Water Pipeline, under
conditions specifically provided in the Special Road Right of Entry # RE -03-6 ("Right of
Entry") to be issued by County to DERWA.
On or before January 31, 2004, DERWA shall select a contractor ("Pipeline
Contractor"), and award the construction contract to the Contractor, to construct and install the
Recycled Water Pipeline. Upon DERWA's awarding of a construction contract to the Pipeline
Contractor, DERWA shall instruct the Pipeline Contractor to, within sixty (60) days after being
awarded the contract, provide a thorough, detailed, and complete construction schedule
identifying all dates for the four phases of construction. DERWA will then provide County with
no less than thirty (30) days prior written notice of the start date for each TCE. Once the start
date for each TCE phase of construction is identified, that TCE will last for no more than ninety
(90) days after that start date; provided however that in the event that DERWA requires more
than ninety (90) days to complete either of the above phases of construction ("Additional TCE
!Time"), DERWA agrees 1) to notify County by delivering a written notice to it no less than
fourteen (14) days prior to the end of the TCE phase in question, and 2) to pay County the value
of the additional time at the rate of Five Hundred and No/100 Dollars ($500.00) per calendar
day. DERWA shall pay County, in full, for any Additional TCE Time immediately upon the
completion of that TCE work. In no event and under no circumstance will DERWA's TCE
rights extend beyond June 30, 2005, and upon that date, DERWA's interest in the TCE Areas
shall automatically terminate in their entirety and become null and void. At County's request
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following termination of each TCE, DERWA shall deliver quitclaim deeds to County for each
TCE,
4, CONSIDERA"T"ION: As consideration for County's granting of the Surface Access
Easement, the Sub -Surface Easement, and the TCE Areas, described herein, DERWA shall pay
to County the sum of Nine Hundred Thousand and No/100 Dollars ($900,000.00), which
payment shall be referred to as "Total Compensation." Payment of the Total Compensation
shall be as described in that Real Property Sales Agreement to be executed simultaneously with
the execution of this Grant of Easement.
5. COUNTY'S TITLE; NON-EXCLUSIVE USE: This Grant of Easement is for
DERWA's non-exclusive, non -apportionable use of the Property and the TCE Areas. The
Property and TCE Areas lie within the boundaries of land more commonly known as the San
Ramon Transportation Corridor ("SRTC"). Said SRTC land is owned in fee title by County.
DERWA hereby acknowledges County's title to the Property and TCE Areas and agrees never to
assail or resist said title.
This Grant of Easement is subject and subordinate to all existing rights, rights of way,
licenses, reservations, franchises and easements that have been recorded, or that would be
evident from a physical inspection or accurate survey of the Property and TCE Areas, except that
License Agreement, including all amendments, between Contra Costa County and the East Bay
Regional Park District to which DERWA shall not be subject or subordinate. It shall be
DERWA's sole responsibility, obligation, and liability to determine if any other facilities have
been so located within or near the Property and TCE Areas boundaries. DERWA agrees to take
all precautions required to avoid damage to the facilities of the existing users. If DERWA
damages the facilities or improvements of any existing user, DERWA shall repair or replace
such facilities at DERWA'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 the
Property and TCE Areas, provided however, that said subsequent uses do not unreasonably
prevent or obstruct DERWA's easement rights hereunder.
6. PRIMARY USE OF THE PROPERTY: The primary uses ("Primary Uses") of the
SRTC (of which the Property and TCE Areas are a part) is for i) transportation uses, including
but not limited to, a transit system ("Transit System"), ii) recreational uses, including but not
limited to, a walking/jogging/biking trail, and iii) other uses, including, but not limited to, the
installation of pipelines, conduits, wires and other telecommunications and utility services.
DERWA acknowledges and agrees that the use just described constitutes the Primary Use of the
Property and TCE Areas and that any and all rights granted or implied by this Grant of Easement
are secondary and subordinate to all existing Primary Uses of the SRTC, and to all future
�improvements necessary for a Transit System. DERWA shall not, at any time, use or permit the
public to use the Property or the TCE Areas in any manner that will interfere with or impair
either the County's existing Primary Use of the SRTC, or with County's construction or
installation of any feature of a Transit System as described herein. DERWA shall not fence the
Property or any of the TCE Areas without the prior written approval of the County, and shall
remove any fencing when requested to do so by County.
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DERWA Easement
7. DERWAS USE; PERMITS BY COUNTY: DERWA's use of the Property shall be
limited to the installation, construction, reconstruction, removal, replacement, repair, upgrading,
maintenance, operation, servicing, and use of the Recycled Water Pipeline described herein, and
for no other purpose. DERWA's use of the TCE Areas is also non-exclusive and is limited to the
use of equipment and the temporary storage of construction materials for the installation of the
Recycled Water Pipeline.
DERWA shall, prior to any construction, reconstruction, remodeling, excavation, or
installation related to the Recycled Water Pipeline, submit specific plans and specifications
("Plans and Specifications") to the County for review and written approval. Such written
approval may be conditioned. DERWA shall also be required to obtain, and pay for, an
Encroachment Permit from the County's Application and Permit Center, prior to commencing
any construction work related to the construction and installation of the Recycled Water Pipeline,
DERWA shall also be required to obtain and pay for an Encroachment Permit for any entry onto
the SRTC for anything other than inspection and servicing of the Recycled Water Pipeline once
said installation has been completed. Such Encroachment Permit(s) shall not be unreasonably
withheld.
Normal maintenance and repair by DERWA of its Recycled Water Pipeline and related
facilities within the Property, consisting of inspection and routine servicing of existing pipelines
in a manner that will not create a public disturbance, shall not require prior notice to the County.
DERWA shall perform maintenance and repair of its facilities so as to prevent damage to either
the SRTC, or to improvements thereon, excluding the IHT described below.
DERWA understands that County has licensed a portion of the SRTC to the East Bay
Regional Park District ("EBRPD"), and that the EBRPD has installed a paved walking and
jogging trail on the Property and TCE Areas, commonly known as the Iron Horse Trail (the
"IHT"). DERWA agrees to notify and coordinate its activities with EBRPD prior to entering the
SRTC for either DERWA's construction and installation of the Recycled Water Pipeline or, after
the Recycled Water Pipeline has been installed, for any maintenance activity, which involves the
excavation of, or interference with, the IHT.
In the event that DERWA identifies an emergency situation involving DERWA's
Recycled Water Pipeline, DERWA agrees to immediately notify the County, and EBRPD so that
the County, EBRPD, and/or DERWA can take appropriate emergency actions, as necessary. An
emergency shall be defined as a situation, which causes discontinuation of, or immediate threat
to, the operation of DERWA's Recycled Water Pipeline, County's use of the SRTC, EBRPD's
use of the SRTC, or harm, danger, or extreme inconvenience to the general public.
8. COMMON USE AGREEMENTS:
A. ExistingCommonUse Requirements. On December 16, 1986, the Central Contra
Costa Sanitary District ("CCCSD") acquired surface easements and sub -surface facility
easements ("CCCSD Easements") from County in the general vicinity of the DERWA
Easements described herein. Those easement documents (7626 OR 168 — 7587 OR 5) were
recorded on September 19, 1975 and August 8, 1975, respectively, and are on file in the Contra
Costa County Clerk — Recorder's Office. CCCSD's easement areas were modified on May 23,
2003, by recorded document (DOC -2003-0243028-00), which documents are also on file in the
Contra Costa County Clerk — Recorder's Office, Section 3 of that document states that in the
event that County conveys an easement to any third party (a "user") which easement area
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DERWA Easement
"overlap or overlays" the areas of CCCSD's sub -surface facility easements, then that third party
shall enter into a common use agreement (64Common Use Agreement") with CCCSD, and that
Common Use Agreement shall include specific language shown in that document attached
hereto.
B. Written Evidence. As a condition precedent to the exercise of DERWA's rights
hereunder, DERWA shall provide written evidence, signed by CCCSD, that i) the DERWA
Easements described herein do not overlay or overlap CCCSD's easements, or, in the alternative,
ii) the DERWA Easements described herein do overlay or overlap CCCSD's easements, and
DERWA has entered into said Common Use Agreement with CCCSD. In the event that
DERWA does enter a Common Use Agreement with CCCSD, then DERWA shall provide
written evidence to County, signed by CCCSD whereby CCCSD states that County's obligations
described in the CCCSD Easements referred to above, have been satisfied in full. DERWA shall
be responsible for satisfying any other common use requirements contained in any other
documents that have been recorded.
C. Future Common Use Reguirements. The DERWA Easements are perpetual, non-
exclusive, and non -apportionable. However, any sub -surface easement or sub -surface license
granted by the County to any user other than DERWA ('Other User") subsequent to this Grant
of Easement which overlaps or overlays the DERWA Easements area shall require the Other
User of the subsequent easement or sub -surface license to enter into a Common Use Agreement
with the County and DERWA prior to the Other User commencing construction of the Other
User's facility, which Common Use Agreement shall contain, at a minimum, the following
provisions:
a) The Other User shall remove or relocate its facility in a timely manner and
at no cost to the County or DERWA as reasonably necessary to accommodate DERWA's right to
install, construct, alter, replace, enlarge, repair, maintain, and operate DERWA's Recycled Water
.Pipeline.
b) When DERWA determines to undertake a project which shall necessitate
the removal or relocation of the Other User's facility within DERWA's Sub -Surface Easement,
DERWA shall provide County and the Other User with a minimum of ninety (90) calendar days
written notice of the need for Other User to remove or relocate its facility. The Other User shall
submit a removal or relocation plan to DERWA and County within thirty (30) calendar days of
receipt of notice to do so. DERWA shall, and County may, review and comment on the plan
within thirty (30) calendar days of its receipt. The Other User shall modify the plan to
incorporate DERWA's and County's comments, if any, and resubmit the plan for DERWA's and
County's written approval. The written approval by DERWA shall not be unreasonably
withheld.
C) Any damage done to DERWA's facilities by the Other User shall be
repaired by DERWA and the Other User shall pay for all costs. The Other User shall provide a
bond or other surety acceptable to DERWA on or before the execution of the common use
agreement by DERWA, in a sufficient amount to DERWA which amount shall be determined by
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DERWA as a guarantee that the Other User shall remove or relocate its facilities upon
notification to do so by DERWA.
d) The Other User shall defend, indemnify, save and hold harmless the
County and DERWA 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 of the common
use agreement, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or
omissions of the Other 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 DERWA, and shall make good to and reimburse DERWA or County, as
the case may be, for any expenditures, including, but not limited to, reasonable attorney's fees,
DERWA or County may make by reason of such matters. The Other 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 DERWA and its officers and employees.
9. FURTHER USE BY COUNTY:
A. DERWA understands and agrees that County intends to use portions of the SRTC
for the construction, installation, and operation of a Transit System, or other Compatible or Non -
Compatible Uses, as described below, and that such uses may require the County's use of
portions of the Property and TCE Areas. County agrees that it will attempt not to use portions of
the Property and TCE Areas that will limit or impede DERWA's access to the Recycled Water
Pipeline, however, County shall specifically have the right to construct any of the Compatible
Uses described below over any portion of the Property and TCE Areas. DERWA hereby
acknowledges that DERWA shall be solely responsible, at its sole cost and expense to design,
engineer, construct, reconstruct, and maintain its Recycled Water Pipeline in a manner that will
withstand the significant weight and vibration conducive to a Transit System, and the
Compatible Uses described herein. The following uses shall be considered to be "Compatible
Uses," may be constructed over all or any portion of the Property and TCE Areas, and shall
specifically not be considered as limitations or impediments to DERWA's access to the Recycled
Water Pipeline: fences, surface parking, trails, roads, streets, other utility facilities, paved
surfaces, railways, rail beds, all features of a Transit System, including, but not limited to,
switches and station facilities such as loading platforms and canopies, and any other
improvements, including, but not limited to, removable noise or retaining walls built no closer
than ten feet (10') from the centerline of the Surface Access Easement described herein, and
landscaping, not including trees. DERWA agrees never to assail County's right to construct or
install the Compatible Uses described above.
! B. The following uses shall be considered "Non -Compatible Uses" for the purposes
of this easement: Buildings with foundations, multi-level parking facilities, embankments (which
shall be defined as a change in the existing surface elevation (grade) of the Surface Access
Easement area by more than one foot (1') without first having the written consent of DERWA,
which consent shall not be unreasonably withheld), and other permanent structures with
foundations, that are built within the boundaries of the Surface Access Easement described in
.Exhibit "A" hereto, and which would reasonably interfere with DERWA's use of its Recycled
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Water Pipeline and/or prevent DERWA's reasonable access to the Recycled Water Pipeline for
maintenance and repair purposes. Although it is not the intent of County to locate Non -
Compatible Uses within ten feet (10') from the centerline of the Surface Access Easement
described herein, County shall not be prevented from doing so.
C. Not less than one hundred eighty (180) days prior to awarding a contract for the
construction of either Compatible Uses or Non -Compatible Uses, County shall submit to
DERWA design plans and specifications for said improvements for DERWA's review. Within
sixty (60) days after its receipt of said plans and specifications, DERWA shall then determine
what measures are reasonably necessary both 1) to protect DERWA's Recycled Water Pipeline
from additional load and/or vibration resulting from the improvements, and 2) to insure access to
the pipeline for maintenance, and shall notify County in writing of said measures. DERWA shall
be responsible for designing, constructing, installing, and maintaining, at its sole cost and
expense, those protective measures made necessary by the Compatible Uses described above. In
such event, upon DERWA's prior written request, County may consider, but is not obligated to
include in its design of any proposed Compatible Uses, additional design features ("Additional
Design Features") that will serve to protect and provide access to the Recycled Water Pipeline.
DERWA hereby acknowledges that County will incur additional costs and expenses in
considering any Additional Design Features on DERWA's behalf. Such costs and expense shall
be determined by County in its sole discretion, and DERWA hereby agrees to reimburse any of
such costs or expenses incurred by County in such consideration, promptly upon written demand
by County. In the event that County determines, in its sole discretion, to construct any of said
Non -Compatible Uses over any portion of the Property, then County shall be responsible, at its
sole cost and expense, to design, construct, install, and maintain reinforcements to protect, and
modifications to access, the Recycled Water Pipeline, as reasonably acceptable to DERWA.
The protective measures for which DERWA is responsible shall be submitted to County
for an Encroachment Permit as required in Section 7. DERWA's Use,-- Permits By County,
above. County reserves the right to require DERWA to reasonably modify its facilities to
accommodate County's construction of the Compatible Uses described above. Said
modifications shall not include relocating the Recycled Water Pipeline, but may include
alteration of surface and sub -surface features of the Recycled Water Pipeline.
D. In the event that, after the installation of DERWA's Recycled Water Pipeline,
DERWA determines, in its sole discretion, that the Recycled Water Pipeline must be relocated or
modified to withstand the effects of the Compatible Uses described herein, including, but not
limited to, a Transit System, then DERWA shall be solely responsible to perform said relocation
or modifications, at DERWA's sole cost, expense, and liability. In the event that DERWA
determines to relocate the Recycled Water Pipeline, DERWA shall only have the right to
relocate the Recycled Water Pipeline within the boundaries of the Sub -Surface Easement
described in Exhibit "A" hereto, and shall have no right herein to relocate the Recycled Water
Pipeline outside of the Sub -Surface Easement boundaries.
E. DERWA shall construct any improvements for which it is deemed responsible as
described in this Section in a manner that will not unreasonably delay County's construction of
the Compatible Uses. In the event that DERWA fails to commence said work within thirty (30)
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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 worm within a time period mutually agreed to by
County and DERWA, County may perform or complete the work at DERWA's expense, which
expense DERWA agrees to pay to County promptly upon demand, including but not limited to,
engineering costs and any legal expenses incurred to collect such costs.
10. RESTORATION OF PROPERTY: DERWA agrees that upon the completion of any
of its works described in the Plans and Specifications referred to herein, it will restore the
Property and TCE Areas as provided in said Plans and Specifications. Upon the completion of
any of DERWA's work after the installation of the Recycled Water Pipeline has been completed,
DERWA will restore, as near as possible, the surface of the ground to the condition it was in just
prior to the commencement of said work, or better, including, but not limited to, the replacement
of all paving, landscaping, fixtures, and improvements, all at DERWA's sole cost and expense.
11. DAMAGE TO COUNTY PROPERTY: Any and all County property, facilities,
landscaping, or other improvements, removed or damaged as a result of the use of, or access to,
the Property and TCE Areas by DERWA, or any other person or entity acting under DERWA's
direction or control, shall, at County's sole discretion and direction, be repaired or replaced by
County, with all reasonable costs and expenses incurred by County to be paid by DERWA within
forty-five (45) days after receiving a detailed invoice from County (including but not limited to
engineering costs and legal costs of collecting any unpaid expenses), or, in the alternative, and
only with County's prior written consent, said property, facilities, landscaping, or other
improvements so damaged or removed, shall be repaired or replaced by DERWA, at the sole cost
and expense of DERWA, to a condition that is equivalent to or better than their condition
existing just prior to its damage or removal. In the event that DERWA fails to commence the
required work within thirty (30) 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
reasonable time thereafter, County may perform or complete the work at the expense of
DERWA, which expense DERWA agrees to pay to County promptly upon demand, including
but not limited to engineering costs and any legal expenses incurred to collect such costs.
12. DAMAGE TO DERWA'S FACILITIES: County shall have no responsibility for the
protection, maintenance, damage to, or removal of DERWA's facilities, appurtenances or
improvements, caused by or resulting from County's use of the Property and TCE Areas or of
the SRTC or work or operation thereon. It shall be DERWA's sole responsibility to provide and
maintain adequate protection and surface markings for its own facilities. Subject to the
foregoing, if DERWA's properly marked, protected, and maintained facilities are damaged by
l}the sole, 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 DERWA and the reasonable cost of such repair as pre -approved in
writing by County shall be paid for by County. DERWA acknowledges and agrees that, under
no circumstance shall County have any liability to DERWA, 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
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DERWA Easement
portion of DERWA's facilities. DERWA hereby acknowledges that its sole remedy for any
damage to or destruction of any portion of DERWA'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 to reimburse DERWA for DERWA's pre -approved reasonable
costs and expenses in repairing or replacing the damaged or destroyed portion as described
above.
13. INDEMNIFICATION, AS -IS CONDITION OF PROPERTY:
A. In the exercise of all rights under this Grant of Easement, DERWA shall be
responsible for any and all injury to the public, to persons and to property arising out of or
connected with DERWA's use of the Property and TCE Areas. DERWA shall 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, directly or indirectly contributed to
or caused by DERWA's operations, acts or omissions pursuant to this Grant of Easement, or
DERWA's use of the easements, save and except Liabilities arising through the sole negligence
or sole willful misconduct of the County, its officers or employees.
E. DERWA 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. DERWA accepts the Property and TCE Areas 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
TCE Areas 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 and TCE Areas for the
construction and use of the improvements thereon. It shall be the sole responsibility of DERWA,
at its sole cost and expense, to investigate and determine the suitability of the soil, water,
geologic, environmental and seismic conditions of the Property and TCE Areas for the intended
use contemplated herein, and to determine and comply with all building, planning and zoning
regulations relative to the Property and TCE Areas and the uses to which it can be put. DERWA
relies solely on DERWA's own judgment, experience and investigations as to the present and
future condition of the Property and TCE Areas or its suitability for DERWA's intended use and
is not relying in any manner on any representation or warranty by County. DERWA agrees that
neither DERWA, its, 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 and TCE Areas at the
Page 9
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8121/2403 2:10 PM DE'' RWAK County
DERWA Easement
commencement of this Grant of Easement or from the release of any hazardous substance in, on
or around any part of the Property and TCE Areas or in the soil, water, subsurface strata or
ambient air by any person or entity other than the County following the commencement of this
Grant of 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.
D. To the extent permitted by law, DERWA shall indemnify, defend, save, protect
and hold County, its officers, agents, and employees 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 TCE Areas 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 easements), of
any kind or nature, to the extent caused or contributed to by DERWA's operation or performance
under this Grant of Easement, or DERWA'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, but not limited to,
petroleum) as a result of DERWA's construction, reconstruction, maintenance, repair, 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 Grant of Easement.
14. NO WARRANTIES. DERWA 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 TCE Areas, and DERWA is entering into this transaction without
relying in any manner on any such representation or warranty by County.
15. COUNTY'S RIGHT OF FIRST REFUSAL.
A. If DERWA desires to assign or sell, (together known as a "Transfer") of the
Property, DERWA shall notify County of the terms under which it is willing to make such
Transfer and any offers it has received on the Property from prospective buyers who have the
financial ability to complete the Transfer. County shall have thirty (30) days after receipt of
DERWA's written notice to exercise this right of first refusal ("Right of First Refusal") by
providing DERWA with written notice of its intent to re -acquire the Property and any
OmRWA's
provements constructed thereon which are a part of the offer, according to the terms stated in
best offer. If County fails to exercise its Right of First Refusal within thirty (30) days
or, if having provided written notice of its intent to exercise the Right of First Refusal, County
fails to complete the purchase of DERWA's interest within one hundred -twenty (120) days after
the notice of exercise is provided, DERWA shall have the right to Transfer the Property to a third
party only on the terms stated in the offer, subject to the terms and conditions of this Grant of
Page 10
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DERWA Easement
Easement, and the requirement that DERWA first obtain County's written consent as provided
herein.
B. If a proposed Transfer of the Property, or of the improvements thereon, to a third
party is not consummated, this Right of First Refusal shall continue to remain in effect as to any
future offers to Transfer the Property. If County declines to exercise its Right of First Refusal as
to a particular Transfer and the Easement is subsequently transferred or assigned to a third
person with County's consent, this Right of First Refusal shall continue to remain in effect as to
the transferee or any successor transferees, and as to any and all future offers to Transfer the
Easement.
16, NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred
or assigned without the prior written consent of County, which may reasonably be withheld by
County in its sole discretion. DERWA shall not have any right to apportion the Property, or any
interest therein.
17. 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 Property and TCE Areas.
18. ENTIRE AGREEMENT: This Grant of Easement, including the Recitals and Exhibits
attached hereto, 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.
19. 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.
20. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the permitted successors and assigns
of the respective parties hereto.
21. WAIVER: A waiver of any breach of any covenant or provision in this Grant of
Easement shall not be deemed a waiver of any other covenant or provision in this Grant of
Easement, and no waiver shall be valid unless in writing and executed by the waiving party.
i
122. SEVERABILITY: If any term or provision of this Grant of Easement shall, to any
extent, be held invalid or unenforceable, the remainder of this Grant of Easement shall not be
affected.
Page i 2
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DERWA Easement
23. GOVERNING LAW AND VENUE: This Grant of Easement shall be governed by and
construed in accordance with California law. The venue of any litigation pertaining to this Grant
of Easement shall be Contra. Costa County, California.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 9th day of
September 2003.
COUNTY:
CONTRA COSTA COUNTY
By
WIM&
....-..
Mark DeSaulnier,
Chair, Board of Supervisors
STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA )
STATE OF CALIFOR.N1 1A )
COUNTY OF CONTRA COSTA)
On SEPT -09/03 SUI�ERVISOR DESAUI. IE�ersonally
appeared before me, , Deputy Clerk
of the Board of Supervisors, Contra Costa County.
SUPERVISOR DESAULIIER is personally known tome (or
proved to ane on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument, the person(s), or
the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal,
By: (Seal)
Deputy Clerk >``
1APPROVED AS TO FORM:.
SILVANO B. MARCHESI,
Count unset
By.
T. Fujii,
Deputy County Counsel
DUBLIN SAN RAMON SERVICES
DISTRICT - EAST BAY MUNICIPAL
UTILITY DISTRICT RECYCLED
WATE U HO TY
Robert A. Baker,
Authority Manager
Date of DERWA Approval:
�
Nancy amble Hatfield,
Authority Secretary
APPROVED AS TO FORM:
By: A�r
Robert Maddow,
DERWA General Counsel
KL: gRA:eh Page 12
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8/21/2003 2:I0 PM DERWA ' county)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
� 4
County of ss.
!
On ` l` ,before me, Q/`t�e, i •r°e jr �`•�
Date / dame and Title of officer (e.g., "Jane Doe, otary Public")
personally appeared 13 r' , /:f r—
Namelal of Sianerfs)
r ALICE E. LUTZ
Commission* i2 __272
"+�► Notary Public - Califomis
Alameda County If
CO" Expires Jun 23, 2004
personally known to me
,,,:?" proved to me on the basis of satisfactory
evidence
to be the persoW whose namely'}' is>m
subscribed to the within instrument and
acknowledged to me that he/ell-e/they executed
the same in his/tom/tjieir authorized
capacity(ies'j, and that by his/};�erA+Teir
signature*) on the instrument the person.(), or
the entity upon behalf of which the persons)
acted, executed the instrument.
WIT S my hand and offi ' se
Place Notary Seal Above Sig ure of ary P d
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached a cement ,-
Title or Type of Document: r
Document Date:
Number of Pages: >/-2._.-
Signers) Other Than Named Above:._ rid '�``rte. lr,,./11
Capacity(iss) Claimed by Signer
Signer's Name:
17 Individual
"thiumrnb
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other: \ r
Signer Is Representing: t � t.t,�
%D t IN NatWnel Notary Asweiation - 9350 Do Solo Ave., P.O. Box 2402 • Chaiawor9r, CA 91313-2402 • www.naVoneinotary.org Prod. No. 5907 Reorder: Cat{ Tcll,Free 1-800-876-6827
EXHIBIT "A"
DERWA — SAN RAMON VALLEY RECYCLED WATER PROGRAM
SURFACE ACCESS EASEMENT
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land 20.00 feet in width, being a portion of the Former Southern Pacific Railroad Right of
Way as shown in the Record of Survey 2059, filed June 14,1994, in Book 104 at Page 25 of LSM,
Coma Costa County Records, the center line of which is described as follows:
COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as
shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa
Counties as said county line was established by an agreement between the Boards of Supervisors of
said counties, in December of 1960, the bearing of said county line being taken as South 730 52' 04"
West for the purpose of this description; thence North 34' 50' 25" West along said westerly line
18.67 feet to the TRUE POINT OF BEGINNING; thence North 550 09' 35" East departing said
westerly line (said westerly line also being the most easterly line of Lot "B" as shown in Subdivision
7883, Ponderosa Village, filed August 10, 1994, in book 375 at Page 1 of Maps, in said county
records), 110.00 feet; thence North 34° 50' 25" West on a line parallel with and 40.00 feet distant
westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of
Survey, 1849.24 feet; thence North 79' 50' 08" West, 50.22 feet; thence North 340 50' 09" West,
3446.72 feet; thence North 34° 00' 23" West, 337.58 feet; thence North 321 37' 26" West, 159.97
feet; thence North 3 V 38' 32" West, 281.32 feet; thence North 30° 31' 34" West, 161.74 feet; thence
North 28° 49' 09" West, 168.16 feet; thence North 73° 49' 11" West, 77.19 feet; thence North 281
48' 52" West, 7657.76 feet; thence North 16° 10' 51" East, 73.55 feet; thence North 28° 48' 16"
West, 1079.74 feet; thence North 29' 53' 43" West, 274.95 feet to a point 29.00 feet distant westerly
from the easterly line of Parcel 61B as shown on Page 35 of said Record of Survey, said Parcel 61B
described in said deed (13358 OR 487); thence North 28° 49' 25" West on a line parallel with said
easterly line, 220.61 feet to a point of terminus on the most southerly line of Bollinger Canyon Road
as said road appears in said Record of Survey.
The sidelines of said strip of land to be lengthened or shortened on the southwest so as to terminate
on the most easterly line of said lot. The sidelines of said strip of land to be lengthened or shortened
on the north so as to terminate at the most southerly line of Bollinger Canyon Road.
Excepting therefrom those portions lying within Alcosta Boulevard, Pine Valley Road, and
Zontevideo Drive.
Said parcel containing 7.23 acres, more or less.
THIS LEGAL DESCRIPTION WAS PREPARED BY
ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE REQUMEMENTS OF THE PROFESSIONAL,
LA*D SURVEYORS ACT, MARCH 2003.
No LS 7634 z
Exp /2 24 �/)
EXHIBIT "B»
DERWA -- SAN RAMON VALLEY RECYCLED WATER PROGRAM
SUB -SURFACE EASEMENT
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land of variable width, being a portion of the Former Southern Pacific Railroad
Right of Way as shown in the Record of Survey 2059, filed June 14, 1994, in Book 104 at
Page 25 of LSM, Contra Costa County Records, the centerline of which is described as
follows:
COMIYMNCING at the intersection of the most westerly tine of the 100.00 foot wide strip of
land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and
Contra Costa Counties as said county line was established by an agreement between the
Boards of Supervisors of said counties, in December of 1960, the bearing of said county line
being taken as South 730 52' 04" West for the purpose of this description; thence North 340
50' 25" West along said westerly line (said westerly line also being the most easterly line of
Lot "B" as shown in Subdivision 7883, Ponderosa Village, filed August 10, 1994, in book
375 at Page 1 of Maps, in said county records) 14-67 feet to the TRUE POINT OF
BEGINNING; thence North 55° 09' 35" East departing said westerly line, 106.00 feet; thence
North 34° 50' 25" West on a line parallel with and 44.00 feet distant westerly from the most
easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1851.52
feet; thence North 790 50' 08" West, departing from said parallel line, 50.23 feet; thence
North 34° 50' 09" West, 3448.48 feet; thence North 34° 00' 23" West, 337.64 feet; thence
North 32° 37' 26" West, 160.06 feet; thence North 31 ° 38' 32" West, 281.39 feet; thence
North 30° 31' 34" West, 161.85 feet; thence North 28° 49' 09" West, 182.12 feet to a point
designated for the purpose of this description as Point "A"; thence North 73° 49' 11" West,
65.60 feet; thence North 28' 48' 52" West, 7656,20 feet to a point designated for the purpose
of this description as Point "B";.thence North 16° 10' 51" East, 57.98 feet; thence North 28°
48' 16" West, 1089.35 feet; thence North 29° 53' 43" West, 274.95" feet to a point 33.00 feet
distant westerly from the easterly line of Parcel 61B as shown on Page 35 of said Record of
Survey, said Parcel 61B described in said deed (13358 OR 487); thence North 281 49' 25"
West on a line parallel with said easterly line, 220.04 feet to a point of terminus on the most
southerly line of Bollinger Canyon Road as said road appears in said Record of Survey.
he portion of this strip from the TRUE POINT OF BEGINING to Point "A" being 12.00
toot in width; the portion of this strip from Point "A" to Point "B" being 6.00 foot in width,
and the portion of this strip from Point "B" to the point of terminus being 12.00 foot in width.
The sidelines of said strip of land to be lengthened or shortened on the southwest so as to
terminate on the most easterly line of said lot. The sidelines of said strip of land to be
lengthened or shortened on the north so as to terminate at the most southerly line of Bollinger
Canyon Road.
Page 1 of 2
fi.Uatr C RiDER54'�?Gnarus acsk xlStCvta. TfiT..zone7.wc
Excepting therefrom those portions lying within Alcosta Boulevard, fine Valley Road, and
Montevideo Drive.
Said parcel containing 3.28 acres, more or less.
THIS LEGAL DESCRIPTION WAS PREPARED BY ,,�So, 4*4,
ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE REQUIREMENTS OF THE PROFESSIONAL -' -3 No CS 7634
LAND SURVEYORS ACT, MARCH 2003 Up. Z
OF
4-LHAM47TON L.S. 7634
Page 2 of 2
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I
EXHIBIT "D -1"
DERWA — SAN RAMON VALLEY RECYCLED WATER PROGRAM
TEMPORARY CONSTRUCTION EASEMENT --
,(Alameda / Contra Costa County Line to Alcosta Blvd.)
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land 25.00 feet in width, being a portion of the Former Southern Pacific Railroad Flight of
Way as shown in the Record of Survey 2059, filed June 14, 1994, in Book 104 at Page 25 of LSM,
Contra Costa County Records, the center line of which is described as follows:
COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as
shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa
Counties as said county line was established by an agreement between the Boards of Supervisors of
said counties, in December of 1960, the bearing of said county line being taken as South 73° 52' 04"
West for the purpose of this description; thence North 34° 50' 25" West along said westerly line (said
westerly line also being the most easterly line of Lot "B" as shown in Subdivision 7883, Ponderosa
Village, filed August 10, 1994, in book 375 at Page 1 of Maps, in said county records) 21.20 feet to
the TRUE POINT OF BEGINNING; thence North 55° 09' 35" East departing said westerly line,
112.50 feet; thence North 34° 50' 25" West on a line parallel with and 37.50 feet distant westerly
from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey,
1720.73 feet to a point of terminus on the most southerly line of Alcosta Boulevard as said road
appears in said Record of Survey.
The sidelines of said strip of land to be lengthened or shortened on the southwest so as to terminate
on the most easterly line of said lot. The sidelines of said strip of land to be lengthened or shortened
on the north so as to terminate at the most southerly line of Alcosta Boulevard.
Said parcel containing 1.0 acre, more or less.
THIS LEGAL DESCRIPTION WAS PREPARED BY
ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE REQUIREMENTS OF THE PROFESSIONAL
LAND SURVEY04 ACT, JUNE 2003.
4IN E L. rPTON V L.S. 7634
No 1S 76�6;)
M
exp Z J
OF
EXHIBIT "D - 2"
DERWA a- SAN RAMON VALLEY RECYCLED WA'T'ER. PROGRAM
TEMPORARY CONSTRUCTION EASEMENT —
(Alcosta Blvd. to Pine Valley Road)
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land 25.00 feet in width, being a portion of the Former Southern Pacific Railroad Right of
Way as shown in the Record of Survey 2059, filed June 14, 1994, in Book 1.04 at Page 25 of LSM,
Contra Costa County Records, the center line of which is described as follows:
COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as
shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa
Counties as said county line was established by an agreement between the Boards of Supervisors of
said counties, in December of 1960, the bearing of said county line being taken as South 73° 52' 04"
West for the purpose of this description; thence North 34° 50' 25" West along said westerly line (said
westerly line also being the most easterly line of Lot "B" as shown in Subdivision 7883, Ponderosa
Village, .filed August 10, 1994, in book 375 at Page 1 of Maps, in said county records) 21.20 feet;
thence North 55° 09' 35" East departing said westerly line, 112.50 feet; thence North 340 50' 25"
West on a line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00
foot wide strip of land as shown on said Record of Survey, 1826.57 feet to most northerly line of
Alcosta Boulevard and the TRUE POINT OF BEGINNING; thence continuing North 34° 50' 25"
West, 21.14 feet; thence North 790 50' 08" West, 57.30 feet; thence North 340 50' 09" West,
3440.77 feet; thence North 34° 00' 23" West, 337.62 feet; thence North 321 37' 26" West, 160.02
feet; thence North 311 38' 32" West, 281.36 feet; thence North 30° 31' 34" West, 19.04 feet to a point
of terminus on the most southerly line of Pine Valley Road as said road appears in said Record of
Survey.
The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the
most northerly line of Alcosta Boulevard. The sidelines of said strip of land to be lengthened or
shortened on the north so as to terminate at the most southerly line of Pine Valley Road.
Said parcel containing 2.5 acres, more or less.
THIS LEGAL DESCRIPTION WAS PREPARED BY
ME OR 'UNDER MY DIRECTION IN CONFORMANCE
WITH THE REQUIREMENTS OF THE PROFESSIONAL
LAND SURVEYORS *CT, JUNE 2003
L.IJAMPTON U L.S. 7634
L
C? p L1
No LS 1634 z i
EXHIBIT 44D _ 379
DERWA — SAN RAMON'VALLEY RECYCLED WATER PROGRAM
TEMPORARY CONSTRUCTION EASEMENT —
(Pine Valley Road to Montevideo Drive)
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land 25.00 feet in width, being a portion of the Former Southern Pacific Railroad Right of
Way as shown in the Record of Survey 2059, filed June 14,1194, in Book 104 at Page 25 of LSM,
Contra Costa County Records, the center line of which is described as follows:
COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as
shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa
Counties as said county line was established by an agreement between the Boards of Supervisors of
said counties, in December of 1960, the bearing of said county line being taken as South 730 52' 04"
West for the purpose of this description; thence North 34° 50' 25" West along said westerly line (said
westerly line also being the most easterly line of Lot "B" as shown in Subdivision 7883, Ponderosa
Village, filed August 10, 1994, in book 375 at Page 1 of Maps, in said county records) 21.20 feet;
thence North 55° 09' 35" East departing said westerly line, 112.50 feet; thence North 34° 50' 25"
West on a line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00
foot wide strip of land as shown on said Record of Survey, 1847.71 feet; thence North 79° 50' 08"
West, 57.30 feet; thence North 34° 50' 09" West, 3440.77 feet; thence North 341 00' 23" West,
337.62 feet; thence North 32° 37' 26" West, 160.02 feet; thence North 3 V 38' 32" West, 281.36 feet;
thence North 30° 31' 34" West, 79.35 feet to the most northerly line of Pine Valley Road and the
TRUE POINT OF BEGINNING; thence North 30° 3 P 34" West, 82.46 feet; thence North 281 49'
09" West, 167.16 feet; thence North 731 49' 11" West, 70.12 feet; thence North 28° 48' 52" West,
5031.70 feet to a point of terminus on the most southerly line of Montevideo Drive as said road
appears in said Record of Survey.
The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the
most northerly line of Pine Valley. The sidelines of said strip of land to be lengthened or shortened
on the north so as to terminate at the most southerly line of Montevideo Drive.
Said parcel containing 3.0 acres, more or less.
�HIS LEGAL DESCRIPTION WAS PREPARED BY
ME OR UNDER. MY DIRECTION IN CONFORMANCE
WITH THE REQUIREMENTS OF THE PROFESSIONAL
Lt ND SURVE)6QI�S ACT, JUNE 2003
TINE L.UtAMPTON u L.S. 7634
No LS 1634 z
Exp.
93
EXHIBIT "D - 4"
DERWA — SAN RAMON VALLEY RECYCLED WATER PROGRAM
TEMPORARY CONSTRUCTION EASEMENT —
(Montevideo Drive to Bollinger Canyon Road)
ALL that real property situate in the County of Contra Costa, State of California, described as
follows:
A strip of land 25.00 feet in width, being a portion of the Former Southern Pacific Railroad Right of
Way as shown in the Record of Survey 2059, filed June 14,1994, in Book 104 at Page 25 of LSM,
Contra Costa County Records, the center line of which is described as follows:
COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as
shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa
Counties as said county line was established by an agreement between the Boards of Supervisors of
said counties, in December of 1960, the bearing of said county line being taken as South 730 52' 04"
West for the purpose of this description; thence North 34° 50' 25" West along said westerly line (said
westerly line also being the most easterly line of Lot "B" as shown in Subdivision 7883, Ponderosa
Village, bled August 10, 1994, in book 375 at Page 1 of Maps, in said county records) 21.20; thence
North 55° 09' 35" East departing said westerly line, 112.50 feet; thence North 34° 50' 25" West on a
line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00 foot wide
strip of land as shown on said Record of Survey, 1847.71 feet; thence North 79° 50' 08" West 57.30
feet; thence North 34° 50' 09" West, 3440.77 feet; thence North 34° 00' 23" West, 337.62 feet;
thence North 32° 37' 26" West, 160.02 feet; thence North 31° 38' 32" West, 281.36 feet; thence
North 301 31' 34" West, 161.81 feet; thence North 28° 49' 09" West, 167.16 feet; thence North 731
49' 11" West, 70.12 feet; thence North 281 48' 52" West, 5091.40 feet to the most northerly line of
Montevideo Drive and the TRUE POINT OF BEGINNING; thence North 28° 48' 52" West, 2581.43
feet; thence North 16° 10' 51" East, 66.47 feet; thence North 28° 48' 16" West, 1078.67 feet; thence
North 291 53' 43" West, 274.96 feet to a point 31.50 feet distant westerly from the easterly line of
Parcel 61B as shown on Page 35 of said Record of Survey, said Parcel 61B described in said deed
(133 58 OR. 487); thence North 28° 49' 25" West on a line parallel with said easterly line, 220.25 feet
to a point of terminus on the most southerly line of Bollinger Canyon Road as said road appears in
said Record of Survey.
The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the
most northerly line of Montevideo Drive. The sidelines of said strip of land to be Iengthened or
shortened on the north so as to terminate at the most southerly line of Bollinger Canyon Road.
Said parcel containing 2.5 acres, more or less.
THIS LEGAL DESCRIPTION WAS PREPARED BY
ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE REQUIREMENTS OF THE PROFESSIONAL
LA*D SIJRVEYQ" ACT, JUNE 2003
E L(,IJAMPTOI L.S. 7634
O
No LS 7634 Cz3 m
Exp az&ze
F
Project Name: Dublin San Ramon Services District - East Bay Municipal Utility District
Recycled Water Authority (DERWA)
Parcel Number: Various
Project Number: WO# 5577
REAL PROPERTY SALES AGREEMENT
THIS AGREEMENT is made and entered into on , 2003, by and between CONTRA
COSTA COUNTY, a political subdivision of the State of California, hereinafter called "County"
and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT
RECYCLED WATER AUTHORITY, a public corporation organized and existing under the laws of
the State of California, hereinafter called "DERWA."
In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as
follows:
1. County hereby agrees to sell and convey to DERWA that certain permanent surface
easement interest described in Exhibit "A" (the "Surface Easement"), that certain
permanent sub -surface easement interest described in Exhibit "B" (the "Sub -Surface
Easement"), and the temporary construction easement interests described in Exhibit "D-
1,13 "D-2," "D-3," and "D-4" (the "TCEs"), each of which Exhibits are shown in Exhibit "C,"
Exhibits "A," "B," "C," and "D-1" through "D-4" are attached hereto and made a part
hereof. DERWA shall pay the County, as consideration for the sale and conveyance of
the above easements, the total sum of Nine Hundred Thousand and No/100 Dollars
($900,000.00) (the "Easement Compensation"), which will be paid to County in one
lump sum payment upon the Close of Escrow as described hereinbelow. The above sale
and conveyance of the easements will be completed through the execution of a Grant of
Easement document attached hereto.
/Vc3 ir4 /�� man /—� y
2. This transaction will be handled through an escrow with y, located in
O aklAt d 1 trRr� , California -Escrow No. 53250780 (the "DERWA Escrow"). DERWA shall TKA
deposit the Easement Compensation described above, and shall pay all escrow and
recording fees and all premiums for title insurance incurred in this transaction. The close
of the DERWA Escrow ("Close of Escrow") will occurwhen 1) County has executed and
delivered all of the necessary documents into the DERWA Escrow account, 2) when the
Grant of Easement is recorded and interest in the property vests in DERWA, and 3) when
the Easement Compensation has been paid to County.
3. DERWA understands that this sale is subject to approval by the County Board of
Supervisors.
4. It is agreed and confirmed by the parties hereto that, notwithstanding other provisions of
this Purchase and Sale Agreement, County shall retain possession of the easement
interests being conveyed hereby up to and including the date that the County's Board of
Supervisors approves the execution of this Agreement (the "Board Approval Date"), and
DERWA shall have the right of possession and use of those easement interests
commencing on the day after the Board Approval Date. County reserves the right to
cancel the sale at any time prior to the Board Approval Date. Upon approval of the sale
KL:DRA:eh
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8121/2003 1:46 PM DERWA Jk County ILLA
The parties herein have set forth the whole of their agreement, and the performance of this
agreement, including the Grant of Easement document attached hereto and the payment
described herein, shall relieve the parties of all further obligations or claims on this account.
COUNTY
CONTRA COSTA COUNTY
rJauu F ice M. Shiu,
Public Works Director
RECOMMENDED TO THE BOARD OF
SUPERVISORS FOR APPROVAL
By bo�
Principal
aren A. Caws,
Real Property Agent
By
Dick R. Awenius,
Senior Real Property Agent
Date:
(Date of Board Approval)
GRANTEE
DUBLIN SAN RAMON SERVICES
DISTRICT - EAST BAY MUNICIPAL
UTILITY DISTRICT RECYCLED
WATE , U HO TY ERWA)
By.
Robert A. Baker,
Authority Manager
B
Nancy GaVe SHatfie-l---'--R—
t'
Secretary of the Dist'ri t
DRA:
\\PWS4\SHARDATA\GrpData',RealProp\EBMUD Pipeline\82103DERWA RPSalesAgree
8/21/2003 1:47 PM
APPROVED AS TO FORM:
SILVANO B. MARCHESI,
OUNSEL
By.
CoZ:
Liiii�agnT. �Fujiii!,.
Deputy County Counsel
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8/21/2003 1:47 PM DER' County