HomeMy WebLinkAboutMINUTES - 02032004 - HA2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: February 3, 2004
SUBJECT: APPROVE THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO
EXECUTE A GRANT OF EASEMENT TO COMCAST OF CONTRA COSTA, Inc. TO
PROVIDE CABLE TELEVISION SERVICE TO DEANZA GARDENS
SPffZ!I7MMOURD ARD ATTM
1. RECOM'MEND'ED ACTION:
APPROVE Grant of Easement between the Housing Authority of the County of Contra Costa and
Comcast of Contra Costa, Inc. so that cable television service may be provided to the DeAnza
Gardens Affordable Housing Development in Bay Point, and AUTHORIZE the Executive Director
to execute said Grant of Easement.
II. FINANCIAL IMPACT:
None.
Ill. REASONS FOR RECOMMENDATIONIBACKGROUND
This action is a part of the redevelopment of the Los Medanos Pueblo Public Housing Project site
in Bay Point. The Commission has approved prior actions to assist in the disposition of the
existing 86-unit project and the creation of a new mixed income 180 units affordable housing
development. The Commission has also approved the creation of the DeAnza Gardens Limited
Partnership, which will develop and own the new development.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve the Housing Authority to enter into the
Grant of Easement with Comcast of Contra Costa, Inc., the Housing Authority will not be able to
continue the process toward replacement of obsolete and deteriorating housing at the Los
Medanos Pueblo site in Bay Point.
CONTINUED ON ATTACHMENT: SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Febniaxy 3, 2004 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT Nome ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED-__Eebruar
y 3 2004
JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
B` � � ` � ,DEPUTY
H:1JudyHayes\MSOFFICE\WINWORDiBOARD\DeAnza Gardens-Grant of Easement C.' ast.doc
EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Comcast
Attention: Business Development Group
2333 Nissen Drive
Livermore, CA 94551
Attention: George Moore
Documentary Transfer Tax: $0. NO VALUE.
Based on Full Value. R&T Code 11911.
Signature of Declarant;Company name
APN: Space Above this Line for Recorder's
Use
GRANT OF EASEMENT
This Grant of Easement(the "Easement")dated this 16"'day of December, 2003, by and between
Comcast of Contra Costa, Inc., a California Corporation its successors and assigns, hereinafter
referred to as "Grantee" and DeAnza Gardens, L.P., a California Iimited partnership as ground
lessee ("DeAnza"), and the Housing Authority of the County of
Contra Costa, a public body corporate and politic, as fee
owner (the "Housing Authority"). Collectively, DeAnza and the Housing Authority shall
hereinafter be referred to as "Grantor".
DeAnza and Grantee are parties to a Service Agreement dated December 16, 2003, (the "Service
Agreement") pursuant to which Grantee provides certain broadband communications services to
the Property described below.
In consideration of One Dollar ($1.00), Grantor(s), owner(s) of the Property described below,
hereby grant(s)and convey(s)to Grantee, its successors and assigns, a non-exclusive easement in
gross and right-of-way to construct, use, maintain, operate, alter, add to, repair, replace,
reconstruct, inspect and remove at any time and from time to time a broadband communications
systern (hereinafter referred to as the "System") consisting of wires, underground conduits,
cables, pedestals, vaults, and including but not limited to above ground enclosures, markers and
concrete pads or other appurtenant fixtures and equipment necessary or useful for distributing
broadband services and other like communications, in, on, over, under, across and along that
certain real property(the"Property") located in the County of Contra Costa, State of California
described as follows:
Address Range(s)and Street(s): the corner of Alves Lane and Medanos Avenue
City/ State/Zipcode: Contra Costa County,CA
APN(s): (if multiple APN's, include
in legal description)
Commonly Known As:
LEGAL DESCRIPTION:
(See Attachment A)
Grantor(s)agree for themselves and their heirs and assigns that the System on the Property shall
be and remain the personal property of the Grantee and may not be altered,obstructed or removed
without the express written consent of the Grantee. Upon prior written notice to the Granter, the
Grantee, and its contractors, agents and employees, shall have the right to trim or cut trees and/or
roots which may endanger or interfere with said System and shall have free access to said System
and every part thereof,at all times for the purpose of exercising the rights herein granted:
provided,however, that in making any excavation on said Property of the Grantor,the Grantee
shall make the same in such manner as will cause the least injury to the surface of the ground
around such excavation, and shall replace the earth so removed by it and restore the area to as
near the same condition as it was prior to such excavation as is practical.
This easement shall run with the land for so long as Grantee, its successors or assigns provides
broadband service to the Property. Upon termination of the Service Agreement or such earlier
time that the Grantee ceases to provide broadband service to the Property,the Grantee shall
execute such documents, in a form reasonably acceptable to the Grantor and Grantee,as
reasonably requested by the Grantor to evidence the tennination of Grantee's interest in the
Property.
Executed this day of , 2043.
GRANTOR/OWNER:
DeAnza Gardens, L.P., a California limited partnership as ground lessee("DeAnza"), and the
Housing Authority of the County of Contra Costa, a ; public
body corporate and politic, as fee owner (the"Housing Authority").
Collectively,DeAnza and the Housing Authority shall hereinafter be referred to as"Grantor
By:
Name:
(Print or type)
Title:
By:
Name:
(Print or type)
Title:
..................................................................1.11.1111,
..................................................................
.........................
Exhibit A
LEGAL DESCRIPTION OF THE PROPERTY
ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF T
OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF LOTS 4 AND 5 IN THE NORTHWEST 1/4 OF SECTION 14,TOWNSHIP 2 NORTH,
RANGE 1 WEST,MOUNT DIABLO BASE AND MERIDIAN,DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE 100 FOOT STRIP OF LAND
DESCRIBED IN THE DEED FROM ERNEST H.WARD,ET UX,TO EAST BAY MUNICIPAL
UTILITY DISTRICT,DATED AUGUST 17, 1926 AND RECORDED AUGUST 24, 1926 IN BOOK 53
OF OFFICIAL RECORDS, AT PAGE 41,WITH THE EAST LINE OF THE 3/4 OF AN ACRE PARCEL
OF LAND DESCRIBED IN THE DEED FROM EDWARD G. SELLERS,ET UX,TO C.J.
PRAMBERG, DATED AUGUST 7, 1894 AND RECORDED APRIL 29, 1896 IN BOOK 73 OF
DEEDS, AT PAGE 32;THENCE FROM SAID POINT OF BEGINNING SOUTH 73'08*30" EAST
ALONG SAID SOUTH LINE, 1332.87 FEET TO THE EAST LINE OF THE 41.67 ACRE TRACT
DESCRIBED IN THE DEED FROM S.A. SELLERS,ET UX,TO CARRIE T. MOUSER,ET AL,
so. DATED MARCH 11, 1914 ANDRECORDED MARCH 14, 1914 IN BOOK 224 OF DEEDS,AT
PAGE 60;THENCE SOUTH 00'6'WWWEST ALONG SAID LINE, 305.75 FEET TO THE SOUTH
LINE OF SAID MOUSER TRACT;THENCE NORTH 89' 59'30" WEST ALONG SAID LINE AND
THE EXTENSION WESTERLY THEREOF, 1282.20 FEET TO THE EAST LINE OF THE PARCEL
OF LAND DESCRIBED IN THE DEED FROM DIEDRICH E. PRAMBERG,ET AL,TO CONTRA
COSTA COUNTY,DATED DECEMBER 16, 1929 AND RECORDED JULY 23, 1930 IN BOOK 248
OF OFFICIAL RECORDS,AT PAGE 137, THENCE NORTH 000 09'00"EAST ALONG SAID LINE,
693.57 FEET TO THE SOUTH LINE OF THE 0.049 OF AN ACRE PARCEL DESCRIBED IN THE
DEED FROM DIEDRICH E. PRAMBERG,ET AL,TO EAST BAY MUNICIPAL UTILITY
DISTRICT,DATED SEPTEMBER 30, 1929 AND RECORDED OCTOBER 4, 1929 IN BOOK 211 OF
OFFICIAL RECORDS, AT PAGE 82;THENCE SOUTH 730 08'30" EAST ALONG SAID LINE, 5.025
FEET TO THE POINT OF THE BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 115 FEET AS DESCRIBED IN THE DECLARATION
OF TRUST AS EXECUTED BY THE HOUSING AUTHORITY OF CONTRA COSTA COUNTY
AND RECORDED APRIL 19, 1968 IN BOOK 5606 AT PAGE 106 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM A PARCEL RESERVED FOR THE "HEAD START DAYCARE
FACILITY", SAID PARCEL ADJOINING THE SOUTHERLY BOUNDARY LINE AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE AND BEARING SOUTH 890 59'30" EAST
243.42 FEET FROM THE SOUTHWESTERLY CORNER OF THE ABOVE DESCRIBED PARCEL,
AND RUNNING THENCE FROM SAID POINT OF BEGINNING, NORTH 008 00, 30"EAST 124.07
FEET;THENCE NORTH 88' 21'01"EAST 126.42 FEET; THENCE SOUTH 00'00' 30" WEST 130.75
FEET TO SAID SOUTHERLY LINE; THENCE NORTH 89' 59'30" WEST AND ALONG SAID
SOUTHERLY LINE 126. FEET TO THE POINT OF THE BEGINNING.
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ASSESSOR'S PARCEL NO: 097-100-006
843\03\170033.3