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HomeMy WebLinkAboutMINUTES - 01212003 - SD3 `- THE BOARD OF SUPE°"ISORS OF CONTRA COSTA CO1­TY, CALIFORNIA Adopted this Resolution January 21, 2003, by at least a four-fifths vote as follows: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DeSAULNIECt NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/,33 (Gov. Code § 25365) SUBJECT: ADOPT Resolution No. 2003/33 approving the conveyance of an easement by County to the Central Contra Costa Sanitary District (CCCSD) for CCCSD's installation of a pipeline within the San Ramon Transportation Corridor (SRTC) in exchange for the quitclaim by CCCSD to County of an easement of equal value. [CDD-CP# 02-47] Project No.4585-605575 San Ramon Area The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board on January 7, 2003, passed Resolution No. 2003/20 approving the Notice fixing January 21, 2003 at 9:30 am, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place when it would meet to consummate the exchange of property interest in the real property described in Exhibits"A" and "B°and shown in Exhibits"A-1"and "B-1"for the real property described in Exhibits"C" and "D," and shown in Exhibits "C-1" and "D-1," all of which exhibits are attached hereto. The Notice was duly published in the Contra Costa Times daily newspaper. This Board, by the aforesaid Resolution, found that said property interest being conveyed to CCCSD is no longer required for present or future County use, and the exchange is for an interest in property of equal value. This Board hereby FINDS that the proposed exchange will not have a significant effect on the environment, and that it has been determined to be 'exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3). The proposed exchange is part of a conveyance of an easement area not located in an area of statewide, regional, or area-wide concern. This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of the$25.00 handling fee to the County Clerk and a $25.00 fee to Community Development for processing of the Notice of Exemption. I hereby certify that this is a true and correct DRA:eh copy of an action taken and entered on the G:1RealProp\2002-Files\BOs&RES1123002CCCSD Ease Res2.doc minutes of the Board of Supervisors on the Orig. Dept.: Public Works (RP) date shown. Contact: Dick R. Awenius (313-2227) cc: County Assessor ATTESTEt3TANUARY 21,2003 County Auditor-Controller JOHN SWEETEN, Clerk of the Board of County Recorder(via R/P) supervisprs and County Administrator Public Works Accounting 1 Grantee (via R/P) By �' t # "LY Deputy Board Orders Senior Clerk,Adm. E. Hartman, R/P RFS01 t 1T10N 2nn-1 S3 SUBJECT: ADOPT RGOolution No. 2003120 approving the cu veyance of an easement by County to CCCSD for CCCSD's installation of a pipeline within the San Ramon Transportation Corridor (SRTC) in exchange for the quitclaim by CCCSD to County of an easement of equal value. Date: January 21, 2003 Page: 2 The Community Development Department having filed its general plan report concerning this proposed exchange, this Board, having considered the general plan, FINDS pursuant to Government Code Section 65402 that this proposed exchange is in conformance with the general plan. This Board hereby APPROVES the exchange of property interest between Contra Costa County and CCCSD. The Board Chair is hereby AUTHORIZED to execute an Easement Agreement to CCCSD on behalf of the County, and DIRECTS the Real Property Division to cause its delivery to CCCSD for acceptance and recording.The Quitclaim Deed of an existing easement area from CCCSD to Contra Costa County is hereby ACCEPTED and the County Real Property Division is DIRECTED to have said Quitclaim Deed recorded in the Office of the County Recorder. RF! nl IITION 2nni/33 : C 'ERMINATION THAT AN ACTIVIT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: WO 5575 CP NO.: 02-47' ACTIVITY NAME: Sen Ramon Valley Schedule C Interceptor and Force Main (Central Contra Costa Sanitary District) Easements DATE: May 16, 2052 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines! It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: In 1986, Central Contra Costa Sanitary District (CCCSD) acquired a 12-foot easement, along the Iron Horse Trail from Contra Costa County(County), but didn't install its facilities. Now CCCSD wants to relocate a portion of the easement area, approximately 18 feet east of the original easement, to install its sewer pipeline. The activity consists of the County granting the Right of Entry, surface and subsurface easements (approx.12 ft. by 13,000 ft.) to CCCSD, so that they can install a 24-inch diameter sewer pipeline that will tie into the San Raman Sewage Pumping Station and into an existing sewer line, within the County's property, as well as granting a Quitclaim Deed from CCCSD to the County, and relinquishing their rights to the old easement. CCCSD prepared an Environmental Impact Report (San Ramon Valley Trunk Sewer Improvement Project SCH#86070109, Sept. 1986)for the work associated for the installation of the sewer force main pipe. The easements are located within the City of San Ramon. The easements (Fig. 2) will extend beneath Montevideo Drive, Bollinger Canyon Road, Executive Parkway,and Norris Canyon Road, and above the surface paralleling the Iron Horse Trail. General Plan Conformance will be obtained from the City of San Ramon. LOCATION: The easement is located in the south county area, in the City of San Ramon (Figures 1-3). REVIEWED BY: DATE: �lr .• Cece Sellgreii Environmental Planner APPROVED BY: t G DATE: Community Development Representative GAGrpData\EngSvcIENVIR012002 Pr©jects\CEQAtbet.EACensan Easement-SRSchC-Force Maln.doc CAL -)RNIA ENVIRONMENTAL QUAL 'f ACT Notice of Exemption' Contra Costa County Community Development Department 651 Pine Street, 4th Floor-Forth Wing,NlcBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 contact Person: Cece Sellaren - Public Works Dept. Project Description, Common Name(if any)and Location, San Damon Valley Schedule C Interceptor and Force Main (Central Contra Costa Sanitary District) Easements, County Pile CP# 02-47. Project Description: In 1986, Central Contra Costa Sanitary District(CCCSD)acquired a 12-foot easement,along the Iron Horse Trail from Contra Costa County(County), but didn't install its facilities. Now CCCSD wants to relocate a portion of the easement area, approximately 18 feet east of the original easement, to install its sewer pipeline. The activity consists of the County granting the Right of Entry, surface and subsurface easements (approx.12 ft. by 13,000 ft.)to CCCSD,so that they can install a 24-inch diameter ewer pipeline that will tie into the San Ramon Sewage Pumping Station and into an existing sewer line,within the County's property, as well as granting a Quitclaim Deed from CCCSD to the County, and relinquishing their rights to the old easement. CCCSD prepared an Environmental Impact Report (San Raman Valley Trunk Sewer Improvement Project SCH#86070109, Sept. 1956)for the work associated for the installation of the sewer force main pipe. The easements are located within the City of San Ramon. The easements (Fig. 2) will extend beneath Montevideo Drive, Bollinger Canyon Road, Executive Parkway, and Norris Canyon Road, and above the surface paralleling the Iron Horse Trail. General Plan Conformance will be obtained from the City of San Ramon. Project Location: The easement is located in the south county area, in the City of San Ramon (Figures 1-3). This project Is exempt from CEQA as a: Ministerial Project(Sec. 15258) Other Statutory Exemption, Section — Declared Emergency(Sec. 15269(a)) 7 General mule of Applicability(Section 15061(b)(3) — Emergency P=roject(Sec. 15269(b)or(c)) _,__,,, Categorical Exemption, for the fallowing reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. 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: County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\CenSanEasment-SRVIy Sched C and Force Main.doc CAL .)RNIA ENVIRONMENTAL QUA[ Y ACT -Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Moor-North Wing,McBrien.Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sell rc�en - Public Works Dept, Project Description, Common Name(if any)and Location, San Raman Valley Schedule C Interceptor and Farce Main (Central Centra Costa Sanitary District) Easements, County File CP# 02-47, Project Description: In 1986, Central Contra Costa Sanitary District(CCCSD)acquired a 12-foot easement,along the Iron Horse Trail from Centra Costa County(County), but didn't install its facilities. Now CCCSD wants to relocate a portion of the easement area, approximately 18 feet east of the original easement, to install its sewer pipeline. The activity consists of the County granting the Right of Entry, surface and subsurface easements (approx.12 ft. by 13,000 ft.)to CCCSD,so that they can install a 24-inch diameter sewer pipeline that will tie into the San Ramon Sewage Pumping Station and into an existing sewer line,within the County's property, as well as granting a Quitclaim Deed from CCCSD to the County, and relinquishing their rights to the old easement. CCCSD prepared an Environmental Impact Report (San Ramon Valley Trunk Sewer Improvement Project SCH#86070109, Sept. 1986)for the work associated for the installation of the sewer force main pipe. The easements are located within the City of San Ramon. The easements (Fig. 2) will extend beneath Montevideo Drive, Bollinger Canyon Road, Executive Parkway, and Norris Canyon Road, and above the surface paralleling the Iron Horse Trail. General Plan Conformance will be obtained from the City of San Ramon. Project Location: The easement is located in the south county area, in the City of San Ramon (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) Other Statutory Exemption,Section Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(bX3) — Emergency Project(Sec. 15269(b)or(c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 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: County Public works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\Grp©ata\EngSvc\ENV1RO\2002 #projects\CEQA\NOE\CenSanEasment-SRVly Sched C and Force Main.doc /Tl a afl�CD , C �. ' rr7 rT7 C rri Nzy co M zUO ) 1 I r„IIi r}sem. l. /r .tt•,�'," 4 frr,/ y,'' ��; I! t"1 y�' �,. l r ! � rSrrr�,✓ �.j ��'\��} -r r�' 4,. ��`w"e� `•. r+ ��._...,.,,4.,,., .e. ,1« r � .. ,r' r7 f c`-^lam' --^r�rvt.,'�,,.!:� '5..:''."' '`+..>...�.•,.._... �i4y,.,4}'�.�► �\ `yam '' � ),,,. �,, •' '�4 ' _,\/}j,,'�:�y _,,_......._../;' i ! w e` y�yy N 680 San Rornon 110910001 _ medcat Center PROJECT LOCATION t ° SAN RAIhOH CENTRAL PARK MONTEVIDEO SCHOOL &80 ` CS-FORNA Woli SCHOOL Son Ramon Pump Stefionw { LOCATION MAP NO SCALE . _.. EXHIBIT "A" SURFACE ACCESS EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA 'COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL C A 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 50"45'30"east 264.22 feet (north 50° 46'21" east 264.24 feet - record); thence north 070 12' 55"west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 28°49'08"east 5204.62 feet to a point which lies south 67° 05' 17"east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 520 29' 18"west 580.81 feet( south 520 28,46"west 580.88 feet - record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 640 20'52"east and terminates in the south upon a line having a bearing of north 63" 45' 52"east. Bearings.and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"A-1'•and by this reference made a part hereof. �p.1213i1t53 *, No.5265 CF Cly K1Survey\Easement Descr!Oons1555415554QCa.dsc A P.N.N/A Exhibit A DP 5554 PCL C Page 1 of 1 Contra Costa County November 7,2002 EX CENTRAL CO• ,RY DISTRICT RIGHT Q , , µ �* � �� SEWER R/W LINE FORMER— SPRR ORMER SPRR R/W PER 104 LSM 25 P,a.8 1 N640 20'52"E I NORRIS 1 0014 1 R/W LINE FORMER SPRR R/W PER I 104 LSM 25 co FORMER SPRR R/W PER m , I 104 LSM 25 j 28' N 1 100 1 n 100 j i STANDARD MONUMENT "o 1 „W tt1 ) 55 (M I CA ON ori SEE SHEET 2 a DRAWN BY: CHECKED BY: THOMAS BRO.: JOB Na: SDC KDC/EAC 102A4, B4, B5, & B6 5554 DATE: CO.ASSMT.NO.: PARCEL NO.: SKEET 1 OF 2 11-07-02 N/A C of 17 EXHIBF CENTRAL CO.t'f ARY DISTRICT RIGHT ,g � ' SEWER rr a SEE SHEET 1 °0 \� j R/W LINE FORMER 00 -�-0 SPRR R/W PER ri 104 LSM 25 55 � ,�g,,� 4T11✓} ,80 � � IC X Ul, 411 i STANDARD MONUMENT Z 45'52"E 5n i i i i I FORMER SPRR R/W PER 104 LSM 25 } I MONTEVIDEO I DR 0 a v Y � N i N N i j N i uro o 100 J FEE� p iV DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC KDC/EAC 10286, 87, C7, & 117C1 5554 > SHEET 2 OF 2 DATE: CO.ASSMT.NO.: PARCEL NO.: 11-07-02 N/A C 6 EXHIBIT uB" SUB-SURFACE EASEMEN ■ REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA"filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL. D The most easterly 12 feet of a 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 500 45'30"east 264.22 feet (north 50° 46' 21" east 264.24 feet- record); thence north 07° 12' 55"west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49'08"east 5204.62 feet to a point which lies south 670 05' 17" east 289.42 feet from a standard Centra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 52* 29' 18"west 580.81 feet( south 52° 28,46"west 580.88 feet - record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 640 20'52"east and terminates in the south upon a line having a bearing of north 63" 45'52" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000€359 to obtain ground distances. Attached hereto is a plat entitled Exhibit"13-1"and by this reference made a part hereof. � D �� 1 t 12131 140. ik No.5265 'oF A.P.N.NIA K:1Survey%Easement Descript1onM5554Z554QCb.dsc Exhibit B DP 5554 f'Ct D Page 1 of 1 Contra Costa County November 7,2002 EXHI CENTRAL CazC SHY DISTRICT RIGHT 0� ��)m�. � � SEWER R/W LINE FORMER i SPRR R/W PER 104 LSM 25 I I`N64°20'_52"E NOFRIS 1 h, { i R/W LINE FORMER SPRR R/W PER �y I 104 LSM 25 `x, 00 �l .tom CE FORMER SPRR R/W PER C ' { 104 LSM 25 281 12` 104 0 1001 �f I � STANDARD MONUMENT s 580. i ._...-- - � �a i CANYO gOLLINGE.R In 1 i SEE SHEET 2 M ,3 DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: N SDC KDC/EAC 102A4, 84, 85, & B6 5554 DATE: CO.ASSMT.NO.: PARCEL NO.: SHEET 10F 2 11-07-02 N/A D CENTRAL CONT ItY`DISTFIICT RIGHT tTh y 'igY SEWER W EE SEE SHT 1 4�- R/W LINE FORMER C? I SPRR R/W PER 104 LSM 25 580-81'" (M-Y� . `�ON Fkl BOLLINGER 12'- V&x s��\a IQ \ N a STANDARD MONUMENT -4-�-.---- - -----N63 -sus `r i i 1 i C FORMER SPRR R/W PER 104 LSM 25 E i I I MONTEVIDEO I DR a 0 n u c r +n 's I i v h I 100 0 100 U ------------- Y L'1G'rr h IGC� d DRAWN BY: CHECKED BY: THOMAS SRO.: JOB NO. 500 KDC/EAC 102136, 87, C7, & 11701 5554 SHEET 2 OF 2 DATE. CO.ASSMT.NO.: PARCEL NO.: 11-07-02 N/A D e / P .. EXHIBIT IVY SURFACE ACCESS EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL C A 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692"recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 50°45'30"east 264.22 feet (north 50° 46' 21" east 264.24 feet- record); thence north 07° 12' 55"west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49'08"east 5204.62 feet to a point which lies south 670 05' 17" east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 52° 29' 18"west 580.81 feet(south 52° 2846"west 580.88 feet- record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 640 20' 52"east and terminates in the south upon a line having a bearing of north 630 45' 52" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a prat entitled Exhibit"C-1"and by this reference made a part hereof. IMds z , - .� No.526s K:\SurveyTasement bescriptions\5554\5554C.dsc A.PA NIA Exhibit C DP 5554 PCL C Page t of 1 Contra costa County October 3,2002 .... CENTRAL CON t R� ARY DISTRICT :GHT SEWER r' \ f SEE SHEET 1 N m A � j (oj R/W LINE FORMER SPRR R/W PER m ' 104 LSM 25 S520 2g�18"w cT1E.) . ,gip �`\.. 13OLLINGF- \ 28' \0 v, � ria X � \ F STANDARD \\ i MONUMENT —� ._.._N63°45'52"E FORMER SPRR R/W PER 104 LSM 25 I I I I MONTEVIDEO DR v 0 a N _ 3 V N U�1 J 100 0 100 J � y FIr� M N DRAWN BY: S SDC CNECKECI BY: THOMAS BRO.: JOB NO.: KOC/EAC 1Q286, B7, C7, & 117C1 5554 SHEET 2 OF 2 DATE CO.ASSMT,NO.: PARCEL NO.: 10-Q`3-02 N/A C P EXHIBIT "D" SUB-SURFACE EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF` WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL. D The most easterly 12 feet of a 28 foot wide strip of land the westerly line of which is described as fellows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 500 45",30"east 264.22 feet (north 50° 46' 21" east 264.24 feet- record); thence north 07° 12' 55" west 118.79 feet to a point on the southwesterly line of the above referenced former Southern(Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49,08"oast 5204.62 feet to a point which ties south 670 05' 17" east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon abovereferenced map (250 M 25), said monument bears south 52° 29' 18"west 580.81 feet(south 52° 28'46"west 580.88 feet- record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 64° 20' 52"east and terminates in the south upon a line having a bearing of north 630 4652" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"101-1" and by this reference made a part hereof. t$p 12131103 is No.5285 KASurveylEasement DescriptionsM5415554DAsc A.P.N.N/A Exhibit D DP 5554 PCL D Page 1 of 1 Contra Costa County October 3,2002 EX -''" l CENTRAL CONE AR`l TRICT RIGHT SEWER SEE SHEET 1 ca R/W LINE FORMER c� I SPRR R/W PER rl� 104 LSM 25 I S52° 2.9 580 81 ..1-- N ,- c;pwO BO L-LINGER 12' ; STANDARD MONUMENT —� — _ 63° 45'52"E E I i FORMER SPRR R/W PER 104 LSM 25 I I I MONTEVIDEO DR N G V Y N N '3 I 100 0 100 ; x FEET DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SOC KDC/EAC 102136, B7, C7, & 117C1 5554 SHEET 2 OF 2 DATE: CO.ASSMT.NO.: PARCEL NO.: 10-03-02 N/A D EX H. �rr CENTRAL CO, ;. AFiYTRlCT RIGHT + ���: `�;;, ,. � i� � SEWER R/W LINE FORMER SPRR R/W PER 104 LSM 25 1 N640 2052"E `i'co l55C?° C 1'yVt)264. 4i 2, OVA NORRIS CAS R/W LINE FORMER _--- SPRR R/W PER 1 104 LSM 25 co FORMER SPRR R/W PER 1 104 LSM 25 m � 28' � 12' - 100 D 100 L\Y FEET N STANDARD MONUMENT VVVD - -'-� N � i \,p 3 •Nyn R����+� ti SEE SHEET 2 Y n N DRAWN BY: CHECKED BY: THOMAS SRO.: JOB NO.: SDC K0C/EAC 102A4, 84, 85, & 86 5554 u DATE: CO.ASSMT.NO.: PARCEL NO.: SHEET 1 OF 2 10-03-02 N/A 0 RECORDING REQUESTED BY CONTRA COSTA COUNTY AND WHEN RECORDED MAIL TO Public Works Department Real Property Division Martinez, CA 94553 Attn: Dick R. Awenius SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT THIS AGREEMENT is made and entered into this 21rst day of_ January > 2003, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") and the CENTRAL CONTRA COSTA SANITARY DISTRICT, a local public entity organized under the Sanitary District Act of 1923 ("Grantee"). WITNESSETH: THAT, in 1986, the County granted to Grantee one surface easement and one sub-surface easement for the placement of Grantee's sanitary sewer pipeline(s) ("Original Easements)"). Those Original Easements were recorded in Book 13358, Page 500, et seq. in the records of Contra Costa County. THAT Grantee now desires to realign a portion of the Original Easements to a location approximately twenty-one feet (21') to the east of the Original Easement area. The easement areas being granted herein are described in Exhibits "A"and "B," are attached hereto and made a part hereof, and shall hereinafter be referred to as the "New Easement Areas," or the "Property." The portions of the Original Easements being realigned (the "Old Easement Areas") are described in Exhibits "C" and "D," attached hereto and made a part hereof. THAT County agrees to grant Grantee the New Easement Areas in exchange for Grantee's quitclaim to County of Grantee's interest in the Old Easement Areas. THAT the County, for a good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby grants to Grantee and its permitted successors and assigns perpetual non-exclusive easements and rights-of-way described herein as the New Easement Areas for the uses described in Section 7. Grantee's Use; Permits By County hereto. 100202CCCSD Ease(clean)doc Page I of 9 11/4/2002 11:13 AM WITH respect to the exercise of the rights herein granted, the parties i icreto agree as follows: 1. SURFACE ACCESS EASEMENT: Upon Grantee's delivering an executed quitclaim deed, quitclaiming all of Grantee's interest in and to that property described in Exhibits "C" and "D" hereto to County ("Quitclaim Deed"), County grants to the Grantee a non-exclusive "Surface Access Easement" providing the Grantee the right to use the ground surface of the real property described in Exhibit "A"hereto, for the uses described in Section 7. Grantee's Use, Permits By ount hereto. Grantee's use of the Surface Access Easement shall be subject to the limitations of this Grant of Easement. 2. SUB-SURFACE EASEMENT: Upon Grantee's delivering the executed Quitclaim .Deed described above to County, County grants to the Grantee a non-exclusive "Sub-Surface Easement," providing the Grantee the right to use the sub-surface of the real property described in Exhibit "B" hereto, for the uses described in Section 7. Grantee's Use; Permits By County hereto. The Grantee shall enjoy full use of the easement, subject to the limitations of this Grant of Easement. 3. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement is for transportation, recreational, utility, and other public uses, including, but not limited to, use for a transit system. ("Transit System"), such as an exclusive bus-way or fixed railway system, and a walking/jogging/biking trail. Grantee acknowledges and agrees that the uses just described constitutes the "Primary Use" of the Property. Grantee shall not, at any time, use or permit the public to use the Property in any manner that will interfere with or impair the County's Primary Use of the Property. Grantee shall not fence said Property 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 Property. 4. COMPATIBLE SURFACE USES OF THE PROPERTY: County acquired the SPTC described herein for the purpose of constructing and operating a Transit System. The Transit System may require the County's use of all or certain portions of the Property. County retains the right to the reasonable use of all the Property, as long as the use does not interfere with the Grantee's easement rights as set forth herein, including the reasonable access for installation, maintenance, and repair of the Sanitary Sewer facilities. County's right to reasonable use includes the responsibility of the County to maintain, at the County's expense, all real property under its control, and any immediately adjacent real property owned by the County. 5. COUNTY'S TITLE: NON-EXCLUSIVE USE: This Grant of Easement is for Grantee's non-exclusive use of the Property. The Property lies 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. Grantee hereby acknowledges County's title to the Property and agrees never to assail or resist said title. 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. It shall be Grantee's sole responsibility, obligation, and liability to determine if any other facilities have been so located within or near the Property boundaries. 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 100202CCCSD Ease(clean)doe Page 2 of 9 11/4/2002 11:13 AM easements, franchises, licerfses or rights of way over said Property, t,rovided'however, that said subsequent uses do not unreasonably prevent or obstruct Grantee's easement rights hereunder, as described in Section 8. Common Use Agreements, herein. 6. MODIFICATION, RELOCATION, AND REMOVAL OF GRANTEE'S .FACILITIES: The County is considering, among other things, the possibility of developing a Transit System including, but not limited to, an exclusive busway or fixedguideway system, which may require the County's use of all or certain portions of the Property.' Grantee proposes to construct, alter, repair, replace, maintain, and operate the Sewer Pipeline(s) described hereinbelow within the easements described herein. Special protective measures may be required for Grantee's proposed Sewer Pipeline(s). Prior to awarding a contract for the construction of a Transit System, the County shall submit to the District design plans and specifications for said Transit System to allow District to determine what measures, if any, are necessary to protect the District's Sewer Pipelines) from additional load and/or vibration, resulting from the County's construction and operation of such a Transit System. If County's proposed Transit System is located outside of the Property, said protective measures shall be designed by District at District's sole cost and expense, and District shall construct said protective measures at the District's sole cost and expense, at a time prior to the construction of said Transit System. If County elects to overlay the Transit System on all or a portion of the Property, then District shall determine if additional protective measures are necessary, and County shall bear the full cost and expense of the installation of the additional protective measures only to the extent that the Transit System affects that portion of the Sewer Pipeline overlaid by the Transit System. In the event that County's overlay of the Transit System on Grantee's Sub-Surface Easement requires the relocation or reconstruction of Grantee's Sewer Pipeline, laterals, or other facilities, County shall be responsible for all costs associated with the relocation or reconstruction. Grantee shall act as the lead agency in the relocation or reconstruction of the Grantee's sewer facilities. County shall reimburse Grantee for all of Grantee's,expenses incurred in such relocation or reconstruction. 7. GRANTEE'S USE; PERMITS BY COUNTY: Grantee's use of the Property, and appurtenances thereto, is nonexclusive and shall be limited to all purposes necessary and ancillary to installing, constructing, reconstructing, altering, removing, replacing, repairing, upgrading, maintaining, operating, and using a sanitary sewer pipeline or pipelines (the "Sever Pipelines)"), and all necessary appurtenances, appliances, backfill materials, and fixtures for use in connection therewith or appurtenant thereto, including, but not limited to, access for pedestrians, vehicles, and equipment of all varieties, and for no other purpose without County's prior written consent. The Sewer Pipeline(s) shall be constructed and installed in such configurations and in such sizes as described in the Plans and Specifications referred to herein by the Grantee, and other such facilities as may be approved under Section 10. Expansion of Capacity, herein. Grantee shall perform maintenance of its facilities so as to prevent damage to the site. Grantee shall be responsible for obtaining all permits necessary for this Grant of Easement, and shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the Property boundaries, submit specific plans and specifications ("Plans and Specifications") to the County for review and written approval. Such written approval, together with any additional requirements, shall be in the form of an Encroachment Permit issued by County's Application and Permit Center, and in accordance';with the terms of this Grant of Easement. Neither prior notice to the County nor an Encroachment Permit shall be 100202CCCSD Ease(clean)doc Page 3 of 9 11/4/2002 11:13 AM required in Emergency situations, as described in Section 11. Emerg6a y Situations herein, or for normal maintenance, consisting of inspection and cleaning of existing pipelines, and not requiring excavation, by Grantee of its facilities within the Property. Grantee shall, however, be required to obtain said Encroachment Permit prior to commencing any construction work related to the construction and installation of the Sewer Pipeline(s). Grantee further understands that County has licensed a portion of the SRTC to the East Bay Regional Parks District ("EBRPD") and that the EBRPD has installed a paved walking and jogging trail on or near the Property. Grantee shall further be required to receive the written approval of the EBRPD, prior to entering the Property for any reason tither than normal inspection or maintenance or Emergency situations, as described in Section 11. Emergency Situations, herein. If Grantee proposes to do work of a non-emergency nature that may interfere with County's operation of the Transit System, Grantee agrees that, prior to the start of that work, the County and Grantee shall enter into an agreement providing a work plan and schedule that minimizes the effect of the work on the operation of the Transit System. Interference shall be defined as any action requiring termination or limitation of revenue service and would include any excavation, interruption of propulsion power supply, or penetration of the transit corridor by construction equipment. The parties shall act in an expeditious manner to reach an agreement, and shall not unreasonably delay the Grantee from accomplishing said non-emergency work. 8. COMMON USE AGREEMENTS: Any easement granted by the County to any user ("User") other than the Grantee subsequent to this Grant of Easement and that overlaps or overlays the "Sub-Surface Easement," shall require the User of the subsequent easement to enter into a common use agreement ("Common Use Agreement") with the Countyand Grantee prior to the User commencing construction of the User's facility, written approval of which by County or by District shall not be unreasonably withheld. The Common Use Agreement shall contain, at a minimum, the following provisions: a) The User shall remove or relocate its facility in a timely manner and at no cost to the County or Grantee as reasonably necessary to accommodate the Grantee's right to install, construct, reconstruct, alter, remove, replace, enlarge, repair, upgrade, maintain, operate, and use the Grantee's Sewer Pipeline(s). b) When the Grantee determines to undertake a project which shall necessitate the removal or relocation of the User's facility within the Grantee's "Sub-Surface Easement," the Grantee shall provide County and the User with a minimum of thirty (30) calendar days written notice of the need for User to remove or relocate its facility. The User shall submit a removal or relocation plan to the Grantee and County within ninety(90) calendar days of receipt of notice to do so. The Grantee shall, and County may, review and comment on the plan,within thirty (30) calendar days of its receipt. The User shall modify the plan to incorporate Grantee's and County's comments, if any, and resubmit the plan for Grantee's and County's written approval. The written approval by the Grantee shall not be unreasonably withheld. C) Any damage done to the Grantee's facilities by the User shall be repaired by the Grantee and the User shall pay for all costs. The User shall provide a bored or other surety acceptable to the Grantee on or before the execution of the Common Use Agreement by the Grantee, in a sufficient amount to the Grantee, as a guarantee that the User shall remove or relocate its facilities upon notification to do so by the Grantee. d) The User shall defend, indemnify, save and hold harmless the County and Grantee and its officers and employees from any and all claims, costs and liabilities for any damages, injury or death arising from or connected with the performance hereof, due', to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the User or any other 100202CCCSD Ease(clean)doe Page 4 of 9 11/4/2002 11:13 AM person under its control, including but not limited to liability arisiurg from ',injury or death to members of the public using the property described in the subsequent easement, save and except claims or litigation arising through the sole negligence or willful misconduct of the Grantee, and shall make good to and reimburse the Grantee or County, as the case may be, for any expenditures, including reasonable attorney's fees, the Grantee or County may make by reason of such matters. The User further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of the Grantee and its officers and employees. 9. CONSTRUCTION AND/OR EXCAVATIONS ON OR NEAR. THE PROPERTY: In the event that the County or Grantee, or any other person or entity acting under County's or Grantee's direction or control, undertakes construction or any variety of excavation within the Surface Easement or the Sub-Surface Easement as described herein, or immediately adjacent thereto, said party shall reasonably notify the other party and give said second party thirty (30) calendar days to review whether the proposed construction or excavation may impact their facilities or operations. In the event that said second party does not respond within said thirty (30) day period, the second party's approval shall be implied, and the first party shall be free to continue with its project. 10. EXPANSION OF CAPACITY: The construction of additional sanitary sewer pipelines beyond those presently planned or the enlargement of the existing or planned pipeline(s) shall be considered an expansion of capacity. Prior to the Grantee's use of the Sub-Surface Easement to expand capacity, the Grantee shall submit plans or other appropriate documentation to County for its written approval. The approval by the County shall not be unreasonably withheld. The County shall provide comments to Grantee in writing within thirty (30) calendar days, if County believes said expansion unreasonably interferes with the County's use of the property described in Exhibit "C." 11. EMERGENCY SITUATIONS: In the event that either party identifies an emergency situation, said party shall notify the second party immediately of said emergency situation. "Emergency" is defined as 1) a situation that causes discontinuation of the operation of the Grantee's pipelines or the operation of the Transit System, 2) a situation that presents an immediate threat to the operation of the Grantee's pipeline or the operation of the Transit System, or 3) a situation that may create an unsafe condition or a threat to public safety. An emergency also includes any rupture, leakage, or other damage to the sewer system that creates a present or immediate threat of creating a health hazard or dangerous sanitation condition and where the hazard or dangerous condition cannot be corrected by immediate measures not affecting operations of the Transit System thereby allowing for the permanent corrective measures on a non-emergency basis. In the event of an emergency situation, the Grantee shall not be responsible for any loss of Transit System revenue or other damages to the County resulting from the inconvenience or interruption of service on the County's Transit System, so long as the Grantee makes every reasonable effort to immediately alleviate the cause of the emergency situation in a manner that minimizes the impact on the County's Transit System operation. 12. RESTORATION OF PROPERTY: The Grantee agrees that upon the completion of any of its works described in the Plans and Specifications referred to herein,'it will restore the Property as provided in said Plans and Specifications. Upon the completion of any of Grantee's work after the installation of the Sewer Pipeline(s) has been completed, Grantee will restore as 100202CCCSD Ease(clean)doc Page 5 of 9 11/4/2002 11:13 AM ..... ..._..._. ....._... ._...__.. . ..... ........ .......... ............. .......................... ........ . .................. ................... . near as possible the surface of the ground to the condition it ;vas in just prior to the commencement of said work including, but not limited to, the replacement of all paving, landscaping, fixtures, and improvements, all at the Grantee's sole cost and expense. 13. 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 by Grantee, or any other person or entity acting under Grantee's direction or control, shall, at County's sole discretion and direction, be repaired or replaced by County, with all costs and expenses incurred by County to be immediately paid by Grantee (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 Grantee, at the sole cost and expense of Grantee, to a condition that is equivalent to or better than their condition existing just prior to its damage or removal. In the event that Grantee failsto 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 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. 14. DAMAGE TO GRANTEE'S FACILITIES: 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, except to the extent provided herein. It shall be the sole responsibility of the Grantee to provide and maintain adequate protection and surface markings for its own facilities. 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 caused by County at its sole cost and expense or, at the discretion of and upon written notice from County, the damage shall be repaired by Grantee anal County shall pay for the reasonable cost of such repair, as pre-approved in writing by County. In the event that, within sixty (60) days after receiving written notification from Grantee of the damage allegedly caused by County, or such reasonable extension as Grantee may agree to in writing, County fails to (i) commence the required repair work, (ii) provide written notice to Grantee to repair the damage, or(iii) provide written notice disputing Grantee's claim that County damaged Grantee's facilities, Grantee may perform the work at the reasonable cost of such repair, as pre-approved in writing by County. County agrees to pay such cost promptly upon demand. If County commences to repair the damage, but fails to complete the required work within a reasonable time thereafter, Grantee may complete the work at the reasonable cost of such repair, as pre-approved in writing by County. County agrees to pay such cost promptly upon demand. Notwithstanding the foregoing, in the event of an Emergency, as defined in Section 11. above, causing damage to Grantee's facilities, Grantee may immediately proceed to repair the damage; provided, however, County shall have no responsibility for any costs or expenses incurred in connection with such repair. Grantee acknowledges and agrees that under no circumstance shall County have any liability to Grantee or to any other person or entity for consequential or special damages, or for any damages based on loss of use, revenue, profits, or business opportunities arising from or in any way relating to, any damage or destruction of any portion of Grantee's facilities. Grantee hereby acknowledges that its sole remedy for any damage to or destruction,of any portion of Grantee's facilities, to the extent County is otherwise so liable under this Grant of Easement, shall be to require County to repair or replace the damaged or destroyed portion or to reimburse 100202CCCSD Ease(clean)doe Page 6 of 9 11/4/2002 11:13 AM Grantee for Grantee's pre-approved reasonable costs and expenses iii repairing or replacing the damaged or destroyed portion. County shall attempt to notify Grantee prior to the commencement of any of County's work on the Property, except in emergency situations, provided, however, that all of the language set forth in this Section above shall apply, whether or not such notice has been provided. Nothing herein is intended to prevent Grantee from filing a claim against any person or entity other than the County whose activities are a cause of damage to Grantee's facilities so long as such third party has no right of subrogation',against County, or to seek contribution or indemnity from County, for any damages claimed by Grantee. 15. AS-IS CONDITION OF PROPERTY: Grantee accepts the Property in an "as is" physical condition, with no warranty, guarantee, representation, or liability, lexpress 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 this Grant of 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 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. 16. INDEMNIFICATION. a) In the exercise of all rights under this Grant of 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 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 the granting of the easement described herein, Grantee's operations, acts or omissions pursuant to this Grant of Easement, or the Grantee's use of the easement described herein, save and except Liabilities to the extent caused by the active negligence or willful misconduct of County, its officers or employees. b) Grantee further agrees to defend, indemnify, save, protect and hold harmless, 100202CCCSD Ease(clean)doc Page 7 of 9 11/4/2002 11:13 AM County from any and all actual or threatened claims, costs, actions U,'proceedings to attack, set aside, void, abrogate or annul this Grant of Easement or any act or approval of County related thereto. C) To the extent permitted by law, Grantee shall indemnify, defend, save,protect and hold County harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys' fees and consultants' fees), penalties, damages, consequential damages and losses, and costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of this Grant of Easement), of any kind or nature, to the extent caused or contributed to by Grantee's operation or performance under this Grant of 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. d) The obligations contained in this Section shall survive the expiration or other termination of this Grant of Easement. 17. 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. 18. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned, or assigned without the prior written consent of County. 19. NO SECONDARY RIGHTS: Grantee shall have the right of ingress to and egress from the Property from the nearest point of entry to the Property from any public street and across property immediately adjacent to the Property within the SRTC. Said ingress/egress right shall be limited to land immediately surrounding the Property, and Grantee',shall not have the right to access portions of the SRTC on which it does not already have property 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, except as provided in this Section above. 20. 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. 21. 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. 100202CCCSD Ease(clean)doc Page 8 of 9 11/4/2002 11:13 AM 22. SUCCESSORS AND ASSIGNS: 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. 23. 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. 24. 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. 25. 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 21st day of JANUARY , 2003. COUNTY: GRANTEE: CONTRA. COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT By: Chair, Board of Supervisors President of the Board of Directors ATTEST: John Sweeten, By: Clerk of the Board of �S ' retary of the ist t Supervisors and County Administrator APPROVED A5 TO FORM: _. By: F #, } Deputy District Counsel APPROVED AS TO FORM: By: r ' r.� .�y�''� Pamela J. Z , Deputy County unsel 100202CCCSD Ease(clean)doc Page 9 of 9 11/4!2002 2:31 PM i EXHIBIT "Alf PERMANENT SURFACE ACCESS EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: Portions of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25), described as follows: PARCEL1A A strip of land 28 feet wide lying 6 feet southeasterly and 22 feet northwesterly of the following described line: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records '(250 M 25) from which a similar monument located on Norris Canyon Road bears south 50"45,30"west 264.22 feet (south 50" 4621" west 264.24 feet - record); thence north 38° 39' 05"west 680.03 feet to a point on the northeasterly line of the above referenced parcel (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 18" 53' 38" west 73.57 feet to a point hereinafter referred to as Point "A LRCVO Exp.12/31/03 hlo.5265 {d��� KASurveytEasernent is3eseriptionM5554\6554A.dse A.P.N.N/A ExNbitA DP 5554 PCLS 1A,2A,&3A Page 1 of 2 Contra Costa County June 10,2002 PARCEL 2A A strip of land 28 feet wide lying 6 feet northeasterly, easterly, and southeasterly and 22 feet southwesterly, westerly, and northwesterly of the following described line: Commencing at hereinabove referenced Point"A";thence from said Point"A"'south 260 06,22" east 482.66 feet to the POINT OF BEGINNING, said POINT OF BEGINNING hereinafter referred to as Point "B"; thence from said Point "B" south 490 15' 17" east 92.41 feet; thence south 28° 49' 08" east 4930.76 feet to a point, hereinafter referred to as Point"C", lying upon the monument line in Bollinger Canyon Road as shown upon the above referenced map (250 M 25), a standard Contra Costa County street monument bears north 52" 29'18"east 343.83' feet from said Point "C" said monument bears north 520 29' 18" east 580.81 feet (north 52" 28' 46" east 580.88 feet - record) from a similar monument as shown upon said map (250 M 25); thence from said Point "C" south 28° 49' 08" east 268.54 feet; thence south 160 10' 34" west 46.67 feet to a point, said point hereinafter referred to as Point "D" PARCEL 3A A strip of land 28 feet wide lying 6 feet northeasterly and 22 feet southwesterly of the following described line: Commencing at hereinabove referenced Point"D";thence from said Point"D"'south 280 49,08" east 3989.53 feet to a point, hereinafter referred to as Point"E", lying on the monument line in Montevideo Drive as shown upon the map of"Subdivision 3845'filed July 18,11973 in Book 159 of Maps at page 26, Contra Costa County Records (159 M 26), a standard Contra Costa County street monument bears north 63" 43' 58" east 211.43 feet from said Point "E", said monument bears north 63" 43' 58" east 685.65 feet (north 63° 43' 35" east 685.64 feet - record)from a similar monument as shown upon said map(159 M 26); thence from said Point "E" south 280 49' 08" east 2707.23 feet to the POINT OF BEGINNING, said POINT OF BEGINNING hereinafter referred to as Point"F"; thence from said Point"F" 'south 83" 17' 26" east 95.85 feet to a point on the northeasterly line of the above referenced'parcel (104 LSM 25). Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled"Exhibit A-1"and by this reference made a part hereof. KASurvey Easement DescriptionM5554i5554A.dsc A.P.W.NIA Exhibit GP 5554 PCIS 1A,2A,&3A Page 2 of 2 Contra Costa County June 10,2002 EXHI1 A NTRAL CONT,rX ARY DL: ICT RIGHT (n). SEWER 4 5180 53'38"W ,!, P.O.B. 73.57' 22' - 6` � PARCEL iA I P 0 1 N T "A" I I 1i Ij 1 b p 11 D CCCSD SURVEY LINE FORMER 110ER 4 RLSM 25 ER 1 � I � � cl'f E POINT "B" lY, PARCEL 2A a S49*215'17"E m .. 550 } 264.22' t iE NORRIS �,.::�.� CAON 100 0 { U ' U STANDARD MONUMENT ry SEE SHEET 2 N DRAWN BY: CHECKED sY: SCClKC3C THOMAS BR3.: JOB NO.: KFC/EAC 102A3 & A4 5554 SHEET 10F 4 DATE: CO.ASSMT.NO.: PARCEL NO, a 2 NIA 1A & 2A EXHIB CENTRAL CONT ARY DIS f s3ICT RIOT .� SEWER SEE SHEET 1 FORMER SPRR R/W PER { 1014 LSM 25 V �" 1 NORRIS CCCSD 1 I" 28' STRIP FORMER �1OQ SPRR R/W PER 104 LSM 25 1 .7 LYS l , t CCCSD SURVEY LINE 1 22' 61 ' 1 PARCEL 2A �a3 o 100 1 t FEET c� STANDARD MONUMENT 1 a, 1 ► #`s 343 B31 3 i N520 29 1S a 1 M iM-M? POINT "C" 0. 1 AYoN Bol SEE SHEET 3 ri DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: fl SDC KDC/EAC 102A4, E4, 85, & 86 5554 SHEET 2 OF 4 DACE: CO.ASSMT.NO.: PARCEL NO.: 6 6.10-02 N/A 2A uENTRAL CQNTRY D161-810T SEWER t r SEE SHEET 2 r � 343.83' t *;44 nC"P01NT BOLLINGER ° PARCEL 2A � tl��� .a r 6' —•.t 22' # cam a STANDARD { MONUMENT t �s - t °>#t S160 10'34"W 46.67' POINT "D" --- Lo q FORMER 0 SPRR R/W PER .p-# 104 LSM 25 (el o) I oa -# CCCSD SURVEY L€NE CA ccs 0 MONTEVIDEO DR 685.65' (M-M) 211.43' (TIE) ° POINT y nEn ` } y , N # I N � N 100 0 ' W 100 � O t � U Y FEET SEE SHEET 4 DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: 8 SDC KDC/EAC 102B6, 87, C7, & 117C1 5554 zDATE: CO.ASSMT.NO.: PARCEL NO.: SHEET 3 OF 4 4 5-10-02 N/A 2A _ EXHIBI � cNTRAL CONT ARY M d 31C:T RIGHT � h.: '},f SEWER SEE SHEET 3 { MONTEVIDEO � j DR 685.65' (M-M) 211.43' 4TlE) POINT ` I'E' I (t �t7 ' 1E 0 I� 0 +. W m ' FORMER PER 104 LSM 25 CCCSD SURVEY LINE 1 j ( j I 1 I � IC) j POINT I O STANDARD "F" MONUMENT j S830 17'26"E E PARCEL 3A • 0 ! LOT 87 cn 6 b �n L! s 1 N 100 0 100 7 r A FEET { b U N Vl DRAWN BY: CHECKED BY; THOMAS BRO.: JOB NO.: SC1C/K€ C KOC/EAC 117 Cl, C2 5554 N SHEET 4 OF 4 DATE: CO.ASSMT.NO.: PARCEL NO.: 6-10-02 N/A 3A EXHIBIT "B" PERMANENT SUB-SURFACE EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: Portions of the parcel of land shown upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25), described as follows: PARCEL 1 B A strip of land 12 feet wide, the centerline of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1964 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears south 50"45'30"west 264.22 feet (south 50° 46' 21" west 264.24 feet - record); thence north 380 39' 05" west 680.03 feet to a point on the northeasterly line of the above referenced parcel (104 LSM 25), said paint being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 180 53' 38" west 73.57 feet to a point hereinafter referred to as Point "A" �xP A2,31103 * No.525 OF K\SurveylEaserreient DescriptionsM5415554SAsc A.P.N.NIA Exhibit S DP 5654 PCLS IS,26&3B Page 1 of 2 Contra costa County June 10,2002 ......._... .................................................... PARCEL 21B A strip of land 12 feet wide, the centerline of which is described as follows: Commencing at hereinabove referenced Point"A";thence from said Point"A"south 26" 06'22" east 482.66 feet to the POINT OF BEGINNING, said POINT OF BEGINNING hereinafter referred to as Point"B"; thence from said Point"B" south 490 15' 17" east 92.41 feet; thence south 288 49' 08"east 4930.76 feet to a point, hereinafter referred to as Point"C", lying upon the monument line in Bollinger Canyon Road as shown upon the above referenced map (250 M 25), a standard Contra Costa County street monument bears north 528 29" 18"east 343.83' feet from said Point"C", said monument bears north 528 29' 18" east 580.81 feet (north 52° 28' 46" east 580.88 feet - record) from a similar monument as shown upon said map (250 M 25), thence from said Point "C" south 288 49' 08" east 268.54 feet; thence;south 168 10, 34„ west 46.67 feet to a point, said point hereinafter referred to as Point"D". PARCEL 313 A strip of land 12 feet wide, the centerline of which is described as follows:' Commencing at hereinabove referenced Point"D";thence from said Point"D"south 288 49'08" east 3989.53 feet to a point, hereinafter referred to as Point"E", lying on the monument line in Montevideo Drive as shown upon the map of"Subdivision 3845"filed July 18, 1973 in Bonk 159 of Maps at page 26, Contra Costa County Records (159 M 26), a standard Contra Costa County street monument bears north 638 43' 58" east 211.43 feet from said Point "E", said monument bears north 638 43' 58" east 685.65 feet (north 630 43' 35" east 685.64 feet - record)from a similar monument as shown upon said map (159 M 26); thence from said Point "E" south 28" 49' 08" east 2707.23 feet to the POINT OF BEGINNING', said POINT OF BEGINNING hereinafter referred to as Point"F"; thence from said Point"F" south 838 17' 26" east 95.85 feet to a point on the northeasterly line of the above referenced parcel (104 LSM 25). Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled "Exhibit B-1"and by this reference made a part hereof. KASurvey\Easement Descriptions\5554\5554BAse A.P.N.N/A Exhibit B CSP 5554 PCIS IS,2B&38 Page 2 of 2 Contra Costa County June 10,2002 CENTRA. CONT A,RY US—tRICT RIGHT SEWER 5180 53'38"W P.O,e. 73.57' 12' 6' PARCEL 113 # , 1 POINT "A" 1l ,l vel j 1A 1 of i �c, 1,5 l � CCCSD SURVEY LINE - f FORMER 1 SPRR RJW PER 104 LSM 25 f f POINT "B" j 1 ! L PARCE2� I � S49° 15'17"E 92.41" '1 �2" 1 6' ; 45` aAv NORRIS V u 5 N 100 o STANDARD MONUMENT a U FEE'S SEE SHEET 2 {V N DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SIC KDCIEAC 102A3 & A4 5554 SHEET 1 f�F 4 BATE: CO.ASSMT.NO.: PARCEL NO.: 6-10-02 N/A 113 & 2B EXHIBI CENTRAL CONTI RY DISTRICT RIGHT i'" f SEWER y . lim-m- Molt � t. SEE SHEET 1 ' FORMER SPRR Rf W PER 104 LSM 25 NORR1S L FORMER Cao SPRR RIW PER -PSI 104 LSM 25 (o C5 c T (L' 12' STRIP CCCSD —" r + - 12' 6' Eyr fen vri PARCEL 2B toe a loo FEET cU c� STANDARD MONUMENT N52° 2g 18 E 3 d 580.81 (M-M) POINT "C" CANYON BOLLNGER b u SEE SHEET 3 h DRAWN BY: CHECKED BY: THOMAS BFPO.: JOB NO.: o St7£ KDCIEAC 102A4, B4, 65 & B6 5554 SHEET 2 OF 4 DATE: CO.ASSMT.NO.: PARCEL NO.: 6-10-02 N/A 28 _ _ CENTRAL CONEA,RY DI TRICT RIGHT 9. 'A SEWER Hill p SEE SHEET 2 rnn POINT C � gOL.L INGES 0 PARCEL 2B - c� rl 6' 12' m p in S160 10'34"W POINT "D" 46.67' S STANDARD MONUMENT FORMER SPRR R/W PER 104 LSM 25 ca 4 CCCSD SURVEY LINE—4-i _ i ,jMONTEVIDEO j ` DR N63° 4,3l�Q41� 685.65' (M-M) 211.43' (TIE) 6 I POINT "E" } 8 100 a faa V FEET SEE SHEET 4 DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC KDC/EAC 102B6, 67, C7, & 11701 5554 DATE: CO.ASSMT.NO.: PARCEL NO.: SHEET 3 OF 4 6_10_02 N/A 2B EX" x:r rr CENTRAL CQN ARY DISTRICT MIGHT SEWER { i SEE SHEET 3 1 i i MONTEVIDEO � i DR ------ 685.65' (M-M) POINT i "E" 1 i j 4 i i� i00104 {� I ic� { FORMER i SPRR R/W PER 104 LSM 25 CCCSD SURVEY LIME I i I 4i I I i l N {}} POINT i U STANDARD "F" MONUMENT S830 17'26"E 95.85' 'S. ,�7 z PAFi BEL� �� ���'�J 0 N { LOT 87 rn a {v 1 � Z N 10f3 0 100 i FEET { a u M N DRAWN BY: CHECKED BY: THOMAS SRO.: JOB NO,: SDC KDC/EAC 117 Cl, C2 5554 N SHEET 4 OF 4 DATE: CO.ASSMT.NO.! PARCEL NO.: 6 6-10-02 N/A 3g EXHIBIT IV) SURFACE ACCESS EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OP WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL C A 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 50'45'30"east 264.22 feet (north 50° 46' 21" east 264.24 feet - record); thence north 07" 12' 55 'west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 28" 49'08"east 5204.62 feet to a point which lies south 670 05' 17" east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 52" 29' 18"west 580.81 feet(south 52" 28'46"west 580.88 feet - record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 64" 20' 52"east and terminates in the south upon a line having a bearing of north 630 45' 52" east Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"C-1"'and by this reference made a part hereof. LPJVp�' z.r x 'f 1/03, No.5 265 A.P.N.N/A KASurvey\Easement Descriptionsi555415554C.dsc DP Exhibit C 5554 PCL C page t of t Contra Costa County October 3,2002 CENTRAL Co ,y'j��' ; C GARY .,TRICT R/W LINE FORMER SPRR R/W PER 104 LSM 25 ; P.O.B. I N64"20'52"E -� - 4530 c ! E 26 NC}RRi i �\ 1 CA� �N E R/W LINE FORMER — +- SPRR R/W PER 1 104 LSM 2500 i FORMER c° SPRR R/W PER c I 104 LSM 25 to 28' E 1 .lir r 100 0 100 1 FEET E tai E STANDARD MONUMENT 0 �{ � E cs, � 5B0. �' " BOL.11����t 0s, \ j SEE SHEET 2 r DRAWN BY: CHECKED BY: THOMAS BRO.: Jt76 NO.: SOC KDC/EAC 102A4, B4, B5, & 66 5554 o HATE: CO.ASSSMT.NO.: PARCEL NO.: SHEET 1 t7F 2 10-03-02 N/A C ... - raet�, VO, ,V Ar R ..rR/ CT EWER SEE SHEET 1 co �M j �q i R/W LINE FORMERco \_ I SPRR R/W PER r5 104 LSM 25 I 552' 2918 5801.81` (M-M) Cg `(ON w �� BOLLINGE 28 �61 c cn 0 j STANDARD l r i MONUMENT I N6 °4.5152"E i i FORMER SPRR R/W PER 104 LSM 25 I i f MONTEVIDEO DR } j 100 0 100 FEET N DRAWN BY: , CH !,� D 6�/ THOMAS 5tc�5.i.. �.�y �{y-� © SVC Lc/� ryU p f. 1Ja NO.: KDC/EAC 102136, 87, C7, & 117C1 5554 ` SHEET 2 OF 2 DATE: CO.ASSUT.NO.: PARCEL NO.: 10-03-02 N/A C EXHIBIT "D$$ SUB-SURFACE EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Casts, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RICHT OP WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA" filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PAROL D The most easterly 12 feet of a 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 500 45,30"east 264.22 feet (north 500 46' 21" east 264.24 feet- record), thence north 070 12' 55" west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said paint being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49'08"east 5204.62 feet to a point which lies south 67" 05' 17" east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 520 29' 18"west 580.81 feet( south 520 28'46"west 580.88 feet - record) from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line',having a bearing of north 640 20' 52" east and terminates in the south upon a line having a bearing of north 630 45' 52" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"D-i"and by this reference made a part hereof. +,N. C1. * ': (FC:� KASurveylEasement Descriptions1555415554DAsc A.P.N.NIA Exhibit D DP 5554 PCL D Page 1 of 9 Contra Costa County October 3,2002 EX CENTRAL CO �iRY � s�RICT RIGHT SEWER R/W LINE FORMER SPRR R/W PER 104 LSM 25 1 N640 20'52"E �r"F � ! 80- 451 ' 0. 45;30 lE NORRIS R/W LINE FORMER----------� I SPRR R/W PER , 104 LSM 25 �1 cc { FORMER L° SPRR R/W PER co 104 LSM 25 2 8'- 12' - 100 '12`ifl{3 0 100 FEET t\Y STANDARD MONUMENT Q7 �t t Sit° - ro - t �; i CAN _.. - GER 1 \ t V ' ! SEE SHEET 2 DRAWN BY: CHECKED E3Y: " SDC EEETHOMASif3.: JOB NO. KDC/EAC 1O2A4, B4, 85, & 66 5554 o DATE_ CO.ASSW NO.: PARCEL NO.: SHEET 3 OF 2 10 -03-0 2 N/A fl EXHIE :, „ y�C�ENq{TRA//L��CO Y TR#CT E for SEE SHEETI i R/W LINE FORMER Ca i SPRR R/W PER r5 y 104 LSM 25 i S5 `� (CIE} 7 580 (M M) -- --ON BO ��....�.-----_.--�L.LiNO�� CONY 130 } ZVI 12 i \ - i STANDARD MONUMENT N63°45'52"E i I I I I FORMER SPRR R/W PER 104 LSM 25 I I I MONTEVIDEO i DR N , ------------- 6 e �t N N N j a j vi 6 100 0 100 U Y PEGS H Vl DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC KDC/EAC 10286, 87, C7, & 11701 5554 a SHEET 2 OF DATE: CO.ASSMT.NO.: PARCEL NO.: a 10-03-02 N/A D Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Worsts Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Dick R. Awenius Assessor's Parcel No.: Various QUITCLAIM DEED For value received,the CENTRAL CONTRA COSTA SANITARY DISTRICT("CCCSD"},a local public entity organized under the Sanitary District Act of 1923, does hereby remise, release, and forever quitclaim to CONTRA COSTA COUNTY, a political subdivision of the State of California (the "County"),the real property described in Exhibits "A"and "B,"and shown in Exhibits"A-1"and "B-1,"in the City of San Raman, County of Contra Costa, State of California, all of which Exhibits are attached hereto and made a part hereof. GRANTOR: CENTRAL CONTRA COSTA SANITARY DISTRICT Y President of the Board of Directors By; qau 0,t---a- zb-t�- - - Ve r ary of the ist ict APPROVED AS T( FO !: !- 7 .; By: ' Distric ti nsel ATTACH APPROPRIATE ACKNOWLEDGMENT GAGrpData\RealPropiDickll 10402CCCSO Quitclaim doc _....__ ......... ......... ......... ......... ......... ......... ._...._.. . ........ . . . .... ...... ...................._...... ......... ............__...__...... _........_._........... ......... ._.._..... _..........._....... EXHIBIT "Apy SURFACE ACCESS EASEMENT REAL PROPERTY in the city of Sen Ramon, county of Contra Costa, state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA 'COSTA COUNTY, CALIFORNIA"filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL C A 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692 recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 50°',45'30"east 264.22 feet (north 50° 46' 21 east 264.24 feet - record); thence north 07° 12' 55"west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49'08"east 5204.62 feet to a point which lies south 67° 05' 17"east 289.42 feet from a standard Contra Costa County street monument located on Ballinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 520 29' 1 8"west 580.81 feet( south 520 28'46"west 580.88 feet- record)from a similar monument as shown upon said map.' Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 640 20'52"east and terminates in the south upon a line having a bearing of north 630 45' 52" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"A-1"and by this reference made a part hereof. S(jy pXp.12010 6266 OF CAi KASurveylEasemerrt Descr1p6onsL555415554QCa.dsc A.P.N.N/A Exhibit DP 5554 PCL C Contra Costa County Page t of 1 November 7,2002 EX� i rCg.�NTFiAt C Y DISTRICT " SEWER R/W LINE FORMER SPRR R/W PER I 104 LSM 25 _y64°20,52"E 011 NGRRIS ► 1 R/W LINE FORMER-----to- SPRR R/W PER 104 LSM 25 00 l FORMER SPRR R/W PER 00 I 104 LSM 25 m i 100 lw { I FEETLp i S STANDARC? MONUMENT 5528 U, �C)LLINGE N SEE SHEET 2 is N DRAWN BY: CHECKED BY: S SDC THOMAS BRO.: JOB NO.: KDC/EAC 102A4, B4, 85, & B6 5554 > DATE: CO.ASSMT.NO.: SHEET 1 OF 2 -07.02 PARCEL NO.: N/A c EH CENTRAL CC1f�Cr ` ,ARY DISTRICT' RIGH" SEWER r i {{� SEE SHEET 1 00 n i R/W LINE FORMER 00SPR0 104 RSM 25 PER ria 7 RD / I cpNYON BOLLINGE.R \ 28° \ i STANDARD MONUMENT ----I----- N63 45'52"E I E FORMER SPRR R/W PER 1074 LSM 25 t c MONTEVIDEO � DR 0 1 e u N VY j D i a e In 100 ° 0 100 v N DRAWN BY: CHECKED BY: SDC THOMAS BRC).; JOB NO.: " KQC/EAG 10)286, 87, C7, & 117C1 5554 oSHEET 2 OF 2 DATE:O}7-C}2 CC•ASSMT.NC).: PARCEL NO.: N/A EXHIBIT "Bly SUB-SURFACE EASEMENT REAL PROPERTY in the city of San Ramon, county of Contra Costa,', state of California described as follows: A portion of the parcel of land delineated upon the map entitled "RS 2059 RECORD OF SURVEY OF FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN INCORPORATED AND UN-INCORPORATED AREAS IN CONTRA COSTA COUNTY, CALIFORNIA"filed on June 14,1994 in Book 104 of Land Surveyor Maps at page 25, Contra Costa County Records (104 LSM 25) described as follows: PARCEL D The most easterly 12 feet of a 28 foot wide strip of land the westerly line of which is described as follows: Commencing at a standard Contra Costa County street monument located on Norris Canyon Road as shown upon the map entitled "Amended Map Subdivision 5692" recorded on March 19, 1984 in Book 250 of Maps at page 25, Contra Costa County Records (250 M 25) from which a similar monument located on Norris Canyon Road bears north 500 45'30"east 264.22 feet (north 50° 46' 21"east 264.24 feet- record); thence north 07° 12' 55" west 118.79 feet to a point on the southwesterly line of the above referenced former Southern Pacific Railroad Right of Way (104 LSM 25), said point being also the POINT OF BEGINNING; thence from said POINT OF BEGINNING along said southwesterly line south 280 49'08"east 5204.62 feet to a point which lies south 67' 05' 17"east 289.42 feet from a standard Contra Costa County street monument located on Bollinger Canyon Road as shown upon above referenced map (250 M 25), said monument bears south 52° 29' 18"west 580.81 feet( south 52° 2846"west 580.88 feet - record)from a similar monument as shown upon said map. Above described 28 foot wide strip of land terminates in the north upon a line having a bearing of north 64° 20'52"east and terminates in the south upon a line having a bearing of north 63" 45' 52" east. Bearings and distances in this description are grid and are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances by 1.0000859 to obtain ground distances. Attached hereto is a plat entitled Exhibit"13-1"and by this reference made a part hereof. O'2/31103 c No.6266 CF KASurveylEesement Descript1ons15554t5554QCb.dsc A.P.N.N/A Exhibit B DP 5554 PCL D Page t of 4 Contra Costa County November 7,2002 CENTRAL CO• CRY DISTRICT RIGHT �l : ��m EWER R/W LINE FORMER SPRR R/W PER I 904 LSM 25 PAS I I N64°2052"E j .2s5�1E� NORRIS ; cpwoVA R/W LINE FORMER--, I SPRR R/W PER 104 LSM 25 co j FORMER SPRR R/W PER I 104 LSM 25 12' - 100 2' —ton a j FEEr STANDARD MONUMENT 552° 2�'15t CtEl € j - / € c (k— � BOi a SEE SHEET 2 n DRAWN BY: CHECKED BY: THOMAS SRO.:SDC KDC/EAC JM Na"' 10 A4, 84, 85, & 86 5554 SHEET 1 OF DATE: CO.ASStvfT.NO.: PARCEL NO.: 11-07-02 N/A 0 ,KHI .. A CENTRAL CoIqr CRY DISTRICT RIGHT SEE SHEET I 00 FR/WE FORMER �25 ERi {iy f �J G0 29i 8$,Yw RID C04YOtq BOLLINGER s�ID 12' � t� rl) f i I STANDARD MONUMENT 45'52"E i I FORMER SPRR R/W PER 104 LSM 25 t i MONTEVIDEO � DR a u c J 3 YS N ik y 'a �� 4 100 y t Y !•EET h +3 BRAWN BY: CHECKEIJ E3Y: SDC THOMAS SRO.: JOS Nay,: KOCIEAC 10286, 87, C7, 117C1 5554 SHEET 2 OF 2 OAS' CO.ASSMT.NO.: 11-07-C}2 PARCEL NO.: N/A D RESOLUTION NO. 2002- 094 A RESOLUTION ACCEPTING A GRANT OF EASEMENT' AT NO COST TO THE DISTRICT FROM CONTRA COSTA COUNTY SAN RAMON SCHEDULE C FORCE MAIN, DISTRICT PROJECT NO. 5554 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, District is hereby authorized to accept a Grant of Easement at no cost to the District from Contra Costa County, San Ramon Schedule C Force Main, District Project No. 5554, and that the President and Secretary of the District are authorized to accept said Grant of Easement on behalf of the District, and that said Grant of Easement is hereby accepted, and THAT staff is authorized to record said Grant of Easement as set forth in Exhibits "A" through "D" - Legal Descriptions and Maps. PASSED AND ADOPTED this 19th day of December, 2002, by the following vote: AYES: Members: Boneysteele, Hockett, Lucey,' Nejedly, Menesini NOES: Members: None ABSENT: Members: None President of the District Board of the Central Contra Costa Sanitary District,' County of Contra Costa, State of California COUNTERSIGNED: Ser to of the Centr l C ntra Costa Sa ' ary District, County f Contra Costa, Stat Coste of California Approved as to Form: . ZL9 Kenton L. Alm District Counsel 1,Joyce E. Murphy, Secretary of the Central Contra Costa Sanitary District,of the County of Contra Costa,State of California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2002094, passed and adopted by said District Board on December 19, 2002. Dated: 12120/02 S d taly of the District ......._. ......... ......... ......... ......... ..................................................................................... .. ......................_.........__...... ......... .__...._....___.._._. ......... ..._........ .......... .. ........... ._....... .......... RESOLUTION NO. 2002- 095 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO CONTRA COSTA COUNTY SAN RAMON SCHEDULE C FORCE MAIN, DISTRICT PROJECT NO. 5554 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, this District hereby consents to the execution of a "QUITCLAIM DEED" to Contra Costa County, San Ramon Schedule C Force Main, District Project No. 5554; and THAT the President and Secretary of this District are hereby authorized to execute said document for and on behalf of the Central Contra Costa Sanitary District; and THAT staff is authorized to record said document as set forth in Exhibits A and B. PASSED AND ADOPTED this 19th day of December, 2002, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Ooneysteele, Hockett, Lucey, Nejedl;y, Menesini NOES: Members: None ABSENT: Members: None President of the District Board of the Central Contra Costa Sanitary District,' County of Contra Costa, State of California COUNTERSIGNED: Secr4tafqof the Centra C tra Costa anitary District, County of Contra Costa, State of California Approved as to Form: ZLA- Anton L. Alm District Counsel 1,Joyce E.Murphy, Secretary of the Central Contra Costa Sanitary District,of the County of Contra Costa,State of California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2002-095, passed and adopted b said District Board on December 19, 2002. Dated: 12/20/02 c eta of the District