HomeMy WebLinkAboutMINUTES - 12122006 - C.3 �TO BOARD OF SUPERVISORS �a Est-o f ® tr a
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n,� P Costa
DATE: December 12, 2006 Pvti4or County
os�q coorirl °
SUBJECT: Approve the Purchase and Sale Agreement and Accept the Grant Deed dated November 2,2006 from
Mario and Suellen Lamorte, Trustees of the Lamorte Trustee Dated July 8, 1991 for the Iron Horse
Trail Bridge Overcrossing. [CDD-CP#03-181 Walnut Creek area.(District III)
Project No.: 0662 6R4078 Task: ACQ Acct: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated November 2, 2006 from
Mario Lamorte and Suellen Lamorte,as Trustees of the Lamorte Trust Dated July 8, 1991,
B. AUTHORIZE Public Works Director to execute said Purchase and Sale Agreement on behalf of Contra Costa
County Redevelopment Agency.
C. APPROVE payment of$ 48,000.00 for said property rights and AUTHORIZE the Auditor-Controller to issue
a check in said amount payable to Placer Title Company, 1981 North Broadway, Suite 100, Walnut Creek, CA
94596,Escrow No. 615-9226 to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of
the County Recorder.
Continued on Attachment: x SIGNATURE
_,RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_.APPROVE OTHER
SIGNATURE(S): 'ALe��
ACTION OF BOAftq ON 4P46 G Gy cti?,eGG APPROVED AS RECOMMENDEDOTHER
VOTE OF SUPE ISORS I hereby certify that this is a true and correct
Unanimous(Alisent ) copy of an action taken and entered on the
Ayes: Noes: minutes of the Board of Supervisors on the
Absent: Abstain: date shown.
Vacant: District IV
G:\RealProp\2006-Fi1es\BOs&Res 06\130.02 Lamone.doc ATTESTED:�GGG
Orig.Div: Public Works(R/P) JOHN CULLEN, Clerk of the Board of
Contact: Carla Peccianti(313-2222) Supervisors and County Administrator
cc: County Administrator
Auditor-Controller(via R/P) By Deputy
P.W.Accounting
Recorder(via R/P)
I.Bergeron,Computer Services
Grantee(via R/P)
Board Orders Senior Clerk,Adm.
Carl Roner,Design
Jim Kennedy,Director,Redevelopment Agency
Subject: Approve the Purchase and Sale Agreement, and Accept the Grant Deed, dated November 2, 2006 from
Mario and Suellen Lamorte, Trustees of the Lamorte Trustee Dated July 8, 1991for thelron Horse
Trail Bridge Overcrossing. [CDD-CP#03-18] Walnut Creek area..District III
Date: December 12,2006
Page: 2 of 2
Financial Impact:
Payment of$48,000.00 is from Contra Costa County Redevelopment Agency RDA Tax Increment funds.
Reasons for Recommendations and Background:
The property rights are required for the footing and touchdown of the Iron Horse Trail Pedestrian Bridge that will cross
Treat Boulevard near the Pleasant Hill Bart Station and for access rights and maintenance of the bridge. The County is
also acquiring easement rights on behalf of Pacific Gas and Electric Company to relocate their 115kv electric
transmission line in order to construct the bridge. The acquisition of the property rights from the Lamortes are in
accordance with the approved plans and specifications for Iron Horse Trail Bridge Overcrossing Project.
Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the approved plans and
specifications.
LXHIBIT IIBii „(!
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0 N Q) Area-34 Sq.Ft. Y S87° 42'02"E
N Fee Title \
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19.52 / 2"EARS 36£Rj
S8°45'00"W
/ (_-20.22
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/ Lamorte Trust
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w00 / L-84.33
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1"-20' /
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R-70.00
L-00 38'06"
Treat Boulevard
Iron Horse Trail - Bridge Overcrossing
Instrument Grant Deed Scale 1"-20' Date April 2006
Drawn By KT File No. A4054G-2006
Series No. Recorded Checked By JS Cad File RW407806,dgn
POLY:LVE TRANSMISSION
FF-66715(REV.7-02)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY EXHIBIT n n
3480 Buskirk Avenue, Suite 150
Pleasant Hill, CA 94523
Attention: Leo De Long
Location:City/Uninc
Recording Fee$
Document Transfer Tax S
o Computed on Full Value of Property Conveyed,or
o Computed on Full Value Less Liens&Encumbrances
Remaining at Time of Sale
Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY)
LD 2401-02-4407 EASEMENT DEED
2006007(22-05-111) 106 t
Lakewood-Meadow Lane-Clayton 11 5k
Relocation @ Pole 1/8,Treat Blvd.
MARIO LAMORTE and SUELLEN LAMORTE, as Trustees of the LAMORTE TRUST
dated July 8, 1991, SUELLEN LAMORTE, as custodian for Benjamin LaMorte, until age 21,
under the California Uniform Transfers to Minors Act, and SUELLEN LAMORTE, as custodian
for Alegra LaMorte, until age 21, under the California Uniform Transfers to Minors Act,
hereinafter called Grantors, in consideration of value paid by PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation,hereinafter called PG&E, the receipt whereof is hereby
acknowledged, hereby grant to PG&E the right to erect, construct,reconstruct,replace, remove,
maintain and use a line of poles with such wires and cables as PG&E shall from time to time
suspend therefrom for the transmission of electric energy, and for communication purposes, and
all necessary and proper crossarms, guys, anchors and other appliances and fixtures for use in
connection with said poles, wires and cables, together with a right of way, on, along and in all of
the hereinafter described easement area lying within Grantors' lands which are situate in the
unincorporated area of the County of Contra Costa, State of California, and are described as
follows:
(APN 148-260-063)
The parcels of land in and to which an interest was conveyed by Edward
M. Thomas and Alice I. Thomas, as Co-Trustees, to Mario LaMorte and others by
deed dated January 29, 1991 and recorded in Book 16419 of Official Records at
page 556, Contra Costa County Records, and therein designated PARCEL ONE
and PARCEL TWO; excepting therefrom the portion thereof lying within the
boundary lines of the parcel of land described and designated Parcel 1 in the deed
from Suellen LaMorte and others to Contra Costa County Redevelopment Agency
dated November 26, 1988 and recorded in Book 15062 of Official Records at
page 707, Contra Costa County Records.
The aforesaid easement area is described as follows:
1. A strip of land of the uniform width of 15 feet extending from the
southerly boundary line of Grantors' said lands northerly to the northerly
boundary line of Grantors' said lands and lying 10 feet on the westerly side and 5
feet on the easterly side of the line described as follows:
Beginning at a point in the southerly boundary line of Grantors' said lands
and running thence
(1) north 14°47'51"east approximately 10 feet
to a point herein for convenience called Point "A" which bears north 30°39'22"
east 208.93 feet distant from the found standard county street monument tagged
LS 4210 shown upon the map of Subdivision 6907 filed for record August 17,
1988 in Book 324 of Maps at page 27, Contra Costa County Records, as corrected
by a Certificate of Correction recorded October 24, 1988 in Book 14669 of
Official Records at page 927, Contra Costa County Records, as marking the
northerly terminus of a course shown upon said map, as corrected, which
corrected course has a bearing of N 8°44'37"E and a length of 398.03 feet; thence
(2) north 2°03'40" west approximately 80 feet
to a point in the northerly boundary line of Grantors' said lands.
Grantors also grant to PG&E the right to install, maintain and use an anchor and guy
wires and cables of such type and materials as PG&E shall from time to time deem necessary
within the strip of land, situate within Grantors' said lands, described as follows:
2. A strip of land of the uniform width of 5 feet extending easterly from the
easterly boundary line of the strip of land hereinbefore described and designated 1
and lying 2.5 feet on each side of the line described as follows:
Commencing at said Point"A" and running thence
(a) south 83°37'54"east 5.05 feet
to a point in said easterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence continuing
(1) south 83°37'54"east 29.95 feet.
The foregoing descriptions are based on a survey made by PG&E in
September 2005. Bearings are based upon said map of Subdivision 6907, as
corrected by said Certificate of Correction.
Grantors further grant to PG&E:
(a) the right of ingress to and egress from said easement areas over and across said lands
by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantors,provided, that such right of
ingress and egress shall not extend to any portion of said lands which is isolated from said
easement areas by any public road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear away or otherwise
destroy any and all trees and brush now or hereafter on said easement areas and to trim and to cut
down and clear away any trees on either side of said easement areas which now or hereafter in
the opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger
of falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided,
however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for
timber or wood, shall continue to be the property of Grantors, but all branches, brush, and refuse
wood shall be burned, removed, or chipped and scattered, by PG&E;
(c) the right from time to time to enlarge, improve, reconstruct, relocate and replace any
poles constructed hereunder with any other number or type of poles either in the original location
or at any alternate location or locations within said easement area designated 1;
(d) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easement areas; and
(e) the right to mark the location of said easement areas by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantors shall make of said easement areas.
PG&E hereby covenants and agrees:
(a) not to fence said easement areas;
(b) to repair any damage it shall do to Grantors' private roads or lanes on said lands; and
(c) to indemnify Grantors against any loss and damage which shall be caused by any
wrongful or negligent act or omission of PG&E or of its agents or employees in the course of
their employment, provided, however, that this indemnity shall not extend to that portion of such
loss or damage that shall have been caused by Grantors' comparative negligence or willful
misconduct.
Grantors reserve the right to use said easement areas for purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; provided that Grantors shall not erect
or construct any building or other structure, or drill or operate any well, or construct any reservoir
or other obstruction within said easement areas, or diminish or substantially add to the ground
cover in said easement areas, or construct any fences that will interfere with the maintenance and
operation of said facilities.
a
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land.
Dated 2006.
Mario LaMorte, as trustee aforesaid
a�cO\-IND r
D. FBF!<' Suellen LaMorte; as trustee aforesaid
0 0
5119 N
UP 02 3v
�,�,� �r Suellen LaMorte, as custodian aforesaid for
l ' �" Benjamin LaMorte
�PKoved As To Description
Suellen LaMorte, as custodian aforesaid for
Alegra LaMorte
Area 2, East Bay Region, Diablo Division
GO Land Department
Electric Transmission
T1N, R2W MDB&M (SE4ofSW4 of Sec 14)
PG&E Drawing Number: Z-0712, 215214
Reference documents: 2401-02-2512, 2401-02-3968
TYPE OF INTEREST: 3, 6, 42
PM #: 30400781-0050
JCN: 22-05-111
County: Contra Costa
Prepared By: TEP
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Recorded at the request of.
Contra Costa County
Redevelopment Agency
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Carla Peccianti
Portion of Assessor's Parcel No. 148-260-063
Title Co. Order No. 615-9226
GRANT DEED
For Value Received,receipt of which is hereby acknowledged,Mario Lamorte and Suellen Lamorte,as
Trustees of the Lamorte Trust Dated July 8, 1991, as to an undivided 7T/2% interest and Suellen
Lamorte,as Custodian for Benjamin Lamorte,a minor,as to an undivided 111/4%interest and Suellen
Lamorte, as Custodian for Alegra Lamorte, a minor, as to an undivided 111/4%interest,
GRANTS to
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing
under the laws of the State of California,
The following described real property in the unincorporated area of the County of Contra Costa,
State of California,
FOR DESCRIPTION SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date
Mario Lamorte,Trustee
Suellle�n�Lamorte, Trustee p
Suellen Lamorte,
Custodian for Benjamin Lamorte
Suellen Lamorte,
Custodian for Aegra Lamorte
ATTACH APPROPRIATE ACKNOWLEDGMENT
Z:\GrpData\RealProp\Carla\Acquistion\IHT BRIDGE\Grant Deed Lamorte.doc
Lamorte
Portion of A.P.N. 148-260-063
Iron Horse Trail Bridge Overcrossing
Drawing No. A4054G-2006
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the Rancho Las Juntas, also being a portion of the
Lamorte property described in the deed recorded May 12, 1989 in Book 16811 of
Official Records at page 770, Contra Costa County records, described as follows:
PARCEL One-Fee Title
Beginning at the northwest corner of said Lamorte property (16811 O.R. 770)
thence easterly along the northerly line, south 87042'02" east, 3.50 feet (the
bearing south 87042'02" east being taken for the purpose of this description) to a
point on a non-tangent curve concave to the east, a radial from said point bears
south 71001'22" east; thence leaving said northerly line, southerly along said
curve, having a radius of 1794.33 feet, through a central angle of 0038'44", an arc
length of 20.22 feet to a point on the west line of said Lamorte property (16811
O.R. 770) also being the easterly line of the Contra Costa Redevelopment
Agency property described in the deed recorded December 28, 1984 in Book
12123 of Official Records at. Page 961; thence northerly along said line north
8045'00" east, 19.52 feet; to the Point of Beginning.
Containing an area of 34 square feet of land (0.00158 acres), more or less.
PARCEL Two- Access Easement
Commencing at the northwest corner of said Lamorte property (16811 O.R. 770)
thence easterly along the northerly line of said property, south 87042'02" east,
3.50 feet (the bearing south 87042'02" east being taken for the purpose of this
description) to the Point of Beginning; thence from said Point of Beginning and
continuing along said northerly line, south 87°42'02" east, 10.44 feet to a point on
a non-tangent curve concave to the east, a radial from said point bears south
70055'36" east; thence leaving said northerly line, southerly along said curve,
having a radius of 1784.33 feet, through a central angle of 2°42'29", an arc length
of 84.33 feet to a point on the southerly line of said Lamorte property (16811
O.R. 770), being a point on a non-tangent curve concave to the northeast, a
radial from said point bears north 32054'02" east; thence northwesterly along said
curve, having a radius of 70.00 feet, through a central angle of 0038'06", an arc
length of 0.78 feet to a point on the west line of said Lamorte property (16811
O:R. 770) also being the easterly line of said Contra Costa Redevelopment
Agency property (12123 O.R. 961); thence northerly along said fine north
8045'00" east, 61.88 feet to a point on a non-tangent curve concave to the east, a
radial from said point bears south 71'40'06" east; thence leaving said westerly
line, northerly along said curve, having a radius of 1794.33 feet, through a central
angle of 0°38'44", an arc length of 20.22 feet to the Point of Beginning.
Containing an area of 534 square feet of land (0.01226 acres) more or less.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
r
Signature: �
Licensed Land Survey r
Contra Costa County Public Works �� NS
A.
Date:
Exp.9/30/07
L.S.6571 \Q
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KT,js 4-17-06
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PLAT TO ACCOMPANY EXHIBIT "A"
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0 0 95 - 224373
Q) Parcel One /
3.50 1044 26.31
0 �\I Q) Area-34Sq.Ft. l� l� S87°42'02"E
N Fee Title
[� 19.52 y 2�E 5—'367-q
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Access Easement - / 148 - 260 - 063
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Treat Boulevard
Iron Horse Trail - Bridge Overcrossing
Instrument Grant Deed Scale 1"-20' Date April 2006
Drawn By KT File No. A4054G-2006
Series No. Recorded Checked By JS Cad FileRW407806.dgn
ACKNOWLEDGMENT
State of California )
ss
County of Marin )
On November 2, 2006, before me, KATHLEEN A. HOWARD, a notary public in
and for the State of California, personally appeared MARIO LAMORTE and SUELLEN
LAMORTE, personally known to me-(or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument, the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
-WITNESS my hand and official s al.
Signature (SEAL)
4-mKATHLEEN A.HOWARD
Commission# 1428242
Notary Public-Califomia Z
Marin County
My Comm.Expires Jul 2,2007
POLE LINE TRAh>>MISSION _
6245671(^I7✓a7.02) �'
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
3480 Buskirk Avenue, Suite 150 -
Pleasaut Hill, CA 94523
Attention: Leo De Long
Location: City/Uninc
Recording Fee S
Document Transfer Tax S
o Computed on Full Value of Property Conveyed,or
o Computed on Full Value Less Liens& Encumbrances
Remaining at Time of Sale
Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY)
LD 2401-02-4407 EASEMENT DEED
2006007(22-05-111) 1 06 1
Lakewood-Meadow Lane-Clayton 115kV
Relocation @ Pole 1/8,Treat Blvd.
MARIO LAMORTE and SUELLEN LAMORTE, as Trustees of the LAMORTE TRUST
dated July 8, 1991, SUELLEN LAMORTE, as custodian for Benjamin LaMorte, until age 21,
under the California Unifonn Transfers to Minors Act, and SUELLEN LAMORTE, as custodian
for Alegra LaMorte, until age 21, under the California Uniform Transfers to Minors Act,
hereinafter called Grantors, in consideration of value paid by PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation, hereinafter called PG&E, the receipt whereof is hereby
acknowledged, hereby grant to PG&E the right to erect, construct, reconstruct, replace, remove,
maintain and use a line of poles with such wires and cables as PG&E shall from time to time
suspend therefrom for the transmission of electric energy, and for communication purposes, and
all necessary and proper crossarms, guys, anchors and other appliances and fixtures for use in
connection with said poles, wires and cables, together with a right of way, on, along and in all of
the hereinafter described easement area lying within Grantors' lands which are situate in the
unincorporated area of the County of Contra Costa, State of California, and are described as
follows:
(APN 148-260-063)
The parcels of land in and to which an interest was conveyed by Edward
M. Thomas and Alice I. Thomas, as Co-Trustees, to Mario LaMorte and others by
deed dated January 29, 1991 and recorded in Book 16419 of Official Records at
page 556, Contra Costa County Records, and therein designated PARCEL ONE
and PARCEL TWO; excepting therefrom the portion thereof lying within the
boundary lines of the parcel of land described and designated Parcel 1 in the deed
from Suellen LaMorte and others to Contra Costa County Redevelopment Agency
dated November 26, 1988 and recorded in Book 15062 of Official Records at
page 707, Contra Costa County Records.
(LzEi,4NT'oR5'
G.OPY
Q
The aforesaid easement area is described as follows:
1. A strip of land of the uniform width of 15 feet extending from the
southerly boundary .line of Grantors' said lands northerly to the northerly
boundary line of Grantors' said lands and lying 10 feet on the westerly side and 5
feet on the easterly side of the line described as follows:
Beginning at a point in the southerly boundary line of Grantors' said lands
and running thence
(1) north 14°47'51"east approximately 10 feet
to a point herein for convenience called Point "A" which bears north 30°39'22"
east 208.93 feet distant from the found standard county street monument tagged
LS 4210 shown upon the map of Subdivision 6907 filed for record August 17,
1988 in Book 324 of Maps at page 27, Contra Costa County Records, as corrected
by a Certificate of Correction recorded October 24, 1988 in Book 14669 of
Official Records at page 927, Contra Costa County Records, as marking the
northerly terminus of a course shown upon said map, as corrected, which
corrected course has a bearing of N 8°44'37" E and a length of 398.03 feet; thence
(2) north 2°03'40"west approximately 80 feet
to a point in the northerly boundary line of Grantors' said lands.
Grantors also grant to PG&E the right to install, maintain and use an anchor and guy
wires and cables of such type and materials as PG&E shall from time to time deem necessary
within the strip of land, situate within Grantors' said lands, described as follows:
2. A strip of land of the uniform width of 5 feet extending easterly from the
easterly boundary line of the strip of land hereinbefore described and designated 1
and lying 2.5 feet on each side of the line described as follows:
Commencing at said Point"A"and running thence
(a) south 83°37'54"east 5.05 feet
to a point in said easterly boundary line, being the TRUE POINT OF
BEGiNN1NG of said line; thence continuing
(1) south 83137'54" east 29.95 feet.
The foregoing descriptions are based on a survey made by PG&E in
September 2005. Bearings are based upon said map of Subdivision 6907, as
corrected by said Certificate of Correction.
Grantors further grant to PG&E:
(a) the right of ingress to and egress from said easement areas over and across said lands
by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantors, provided, that such right of
Y
ingress and egress shall not extend to any portion of said lands which is isolated from said
easement areas by any public road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear away or otherwise
destroy any and all trees and brush now or hereafter on said easement areas and to trim and to cut
down and clear away any trees on either side of said easement areas which now or hereafter in
the opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger
of falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided,
however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for
timber or wood, shall continue to be the property of Grantors, but all branches, brush, and refuse
wood shall be burned, removed, or chipped and scattered, by PG&E;
(c) the right from time to time to enlarge, improve, reconstruct, relocate and replace any
poles constructed hereunder with any other number or type of poles either in the original location
or at any alternate location or locations within said easement area designated 1;
(d) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easement areas; and
(e) the right to mark the location of said easement areas by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantors shall make of said easement areas.
PG&E hereby covenants and agrees:
(a) not to fence said easement areas;
(b) to repair any damage it shall do to Grantors' private roads or lanes on said lands; and
(c) to indemnify Grantors against any loss and damage which shall be caused by any
wrongful or negligent act or omission of PG&E or of its agents or employees in the course of
their employment, provided, however, that this indemnity shall not extend to that portion of such
loss or damage that shall have been caused by Grantors' comparative negligence or willful
misconduct.
Grantors reserve the right to use said easement areas for purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; provided that Grantors shall not erect
or construct any building or other structure, or drill or operate any well, or construct any reservoir
or other obstruction within said easement areas, or diminish or substantially add to the ground
cover in said easement areas, or construct any fences that will interfere with the maintenance and
operation of said facilities.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land.
Dated �T/dZ / 6(c7 12006.
1AND SUS Mario LaMorte, as trustee aforesaid
ems:• QRS D. Fj F�
EXP ln 3lJa � Suellen LaMorte, as trustee aforesaid
ved As 1 Description �.�C f
�.� � 5:��Suellen LaMorte, as custodian aforesaid fo
Benjamin LaMorte
9
Suellen LaMorte as custodian aforesaidfo
A)legra LaMorte
Area 2, East Bay Region, Diablo Division
GO Land Department
Electric Transmission
TIN, R2W MDB&M (SE4ofSW4 of Sec 14)
PG&E Drawing Number: Z-0712, 215214
Reference documents: 2401-02-2512, 2401-02-3968
TYPE OF INTEREST: 3, 6, 42.
PM #: 30400781-0050
JCN: 22-05-111
County: Contra Costa
Prepared By: TEP
e a
ACKNOWLEDGMENT
State of California )
ss
County of Marin )
On November 2, 2006, before me, KATHLEEN A. HOWARD, a notary public in
and for the State of California, personally appeared MARIO LAMORTE and SUELLEN
LAMORTE,-personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument, the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS yny hand and official/eal.
Signature r (SEAL)
KATHLEEN A.HOWARD
'' Commission# 1428242
.m Notary Public-California
• Marin County -
My Comm.Expires Jul 2,2007
Portion of Assessor Parcel Number: 148-260-063 Grantor:Mario Lamorte,Trustee,et al
Project Name:Iron Horse Trail Bridge Overcrossing Address: 1411 Treat Boulevard
Project Number:0662-6R4078 Walnut Creek,CA 94598
PURCHASE AND SALE AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County Redevelopment Agency, a body corporate and politic
existing under the laws of the State of California (hereinafter "Agency") and Mario Lamorte and Suellen Lamorte, as
Trustees of the Lamorte Trust Dated July 8, 1991, as to an undivided 77%2% interest and Suellen Lamorte, as Custodian for
Benjamin Lamorte, a minor, as to an undivided 11'/n% interest and Suellen Lamorte, as Custodian for Alegra Lamorte , a
minor,as to an undivided 11'/n%interest,all as tenants in common(hereinafter"Grantor").
RECITALS
The Agency is constructing the Iron Horse Trail Bridge(Bridge)across Treat Boulevard at Jones Road in the Walnut Creek
area as part of the Contra Costa Centre Project(Project). The Agency requires a portion of the Grantors property for the
Bridge footing and for accessing the Bridge and for the relocation of the Pacific Gas & Electric Company, a California
corporation("PG&E") 115kv overhead electric transmission line and access to service the 11 Skv line.
Grantor is the owner of approximately±0.45 acres of real property located at 1411 Treat Boulevard, Walnut Creek, Contra
Costa County, California,Assessor Parcel Number 148-260-063. The Agency requires±34 square feet of land in fee title;
±534 square feet for an access easement as described in the Grant Deed attached hereto and incorporated herein as Exhibit
"A" from Grantor for the Bridge. PG&E requires±1,338 square feet for the relocation of the electric transmission line and
an access easement across Grantor's property as described in the Easement Deed attached hereto and incorporated herein as
Exhibit"B" which the Agency is acquiring on PG&E's behalf. The real property rights described in Exhibit"A" and"B"
are collectively referred to herein as the"Property".
AGREEMENT
NOW 'THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged,the parties hereby agree as follows:
1. Effective Date.It is understood that this Agreement is subject to approval by the Agency's Governing Board. This
Agreement is effective on the date approved by the Agency's Governing Board("Effective Date"). This Agreement
will be submitted to the Grantor first for approval,and thereafter to the Agency.
2, Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and Agency
agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be FORTY-EIGHT TmusAND DOLLARS AND 00/100
($48,000.00)("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any bond or
assessment that constitutes a lien on the Property shall be cleared and paid by Grantor as of the date title
shall vest in Agency by the recordation of the deeds herein pursuant to Sections 4986,5082,and 5086 of the
Revenue and Taxation Code of the State of California,if unpaid as of the date title vests.
3.2. The Purchase Price shall be paid to Mario Lamorte and Suellen Lamorte,Trustees of the Lamorte Trust,
dated July 9, 1991 and Suellen Lamorte as Custodian for Benjamin Lamorte and Alegra Lamorte.
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4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is subject to the
following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this Agreement
and as of the Close of Escrow.
4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and clear of all
liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following
"Approved Exceptions" as outlined in the Preliminary Report dated September 8, 2005, issued by Placer
Title Company:
A. Covenants,conditions,restrictions and reservations of record;
B. Easements or rights of way of record over said property, listed as Exception 3, "Vacation of Del
Hombre Lane";
C. Other approved exceptions, listed as Exception No. 4 "Statement of Institution of Redevelopment
Plan Amendment".
4.4. Placer Title Company being prepared to issue a CLTA title insurance policy in the full amount of the
purchase price,subject only to the Approved Exceptions("Title Policy").
If Agency determines that any of these conditions have not been met, Agency shall have the right to terminate this
Agreement by delivering written notice to Grantor and,if applicable,the Escrow agent.
5. Escrow. By this Agreement,Agency and Grantor establish an escrow("Escrow")with Placer Title Company, 1981
North Broadway, Suite 100, Walnut Creek, California, their Escrow No. 615-9226 ("Title Company"), Grantor
hereby authorizes Agency to prepare and file escrow instructions with said Title Company, on behalf of Grantor, ui
accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, liens
and assessments on the Property conveyed.
5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this transaction
and,if title insurance is desired by the Agency,the premium charged therefore.
5.2 Grantor's Deposit into Escrow. On or before the Close of Escrow Thirty(30)days after tiro Effective Date
Grantor will deliver into Escrow with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantor,in a form approved by
Agency ("Grant Deed") conveying to Agency the Property in fee simple absolute, subject only to
the Approved Exceptions.
B. Copies of any effective leases,rental agreements or any other agreements, if any,which the Agency
has agreed in writing are to remain in effect after Agency takes title.
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue
Code of 1986,as amended[26 USCA§1445]("FIRPTA Affidavit");and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662 ("Withholding
Affidavit").
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5.3. Deposit of Purchase Price into Escrow by Agency. Prior to the CIose of Escrow, Agency will deposit the
Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("Close of
Escrow). On the closing date,the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the Agency care of Carla Peccianti, Senior Real
Property Agent for the Agency(which shall be deemed delivery to the Agency);
B. Record the Easement Deed, marked for return to PG&E care of Leo De Long, Land Agent for
PG&E;
C. Issue the Title Policy for the property to be granted to the Agency, if requested to do so by the
Agency;
D. Prorate taxes,assessments,rents and other charges as provided by this Agreement; _
E. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid by or on
behalf of Grantor;
F. Prepare and deliver to the Agency and to the Grantor one signed copy of the Title Company's
closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company
shall notify the Grantor and the Agency and retain all fiords and documents pending receipt of further instructions
from the Agency.
6. Grantor's Representations and Warranties. Grantormakes the following representations and warranties with the
understanding that these representations and warranties are material and are being relied upon by Agency. Grantor
represents and warrants to the Agency that as of the date of this Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee simple title to
the Property clear of restrictions, leases, liens and other encumbrances, subject only to the Approved
Exceptions. No leases, licenses, or other agreements allowing any third party rights to use the Property are
or will be in force unless prior consent has been given by the Agency in writing. Commencing with the full
execution of-this Agreement by both parties and until the Close of Escrow, Grantor shall not permit any
liens, encumbrances or easements to be placed on the Property other than the Approved-Exceptions, nor
shall Grantor enter into any agreement that would affect the Property that would be binding on the Agency
and/or PG&E after the Close of Escrow without the prior written consent of the Agency and/or PG&E.
6.2 Condition of Property. Grantor has disclosed to the Agency all information,records and studies maintained
by Grantor in connection with the Property concerning hazardous substances and that Grantor is not
concealing any knowledge of the presence of contamination or hazardous substances on, from or under the
Property. Any information that Grantor has delivered to the Agency either directly or through Grantor's
agents is accurate and Grantor has disclosed all material facts with respect to the Property.
6.3 Other Matters Affecting Property. To the best of Grantor's knowledge, there are not presently any actions,
suits, or proceedings pending or, to the best of. Grantor's knowledge, threatened against or affecting the
Property or the interest of Grantor in the Property or its use that would affect Grantor's ability to
consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and
unpaid arbitration awards or judgments affecting title to any portion of the Property. To the best of
Grantor's knowledge there are not presently any pending or threatened condemnation, eminent domain or
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similar proceedings affecting the Property. Grantor shall promptly notify Agency of any of these matters
arising in the future.
6.4 Grantor's Apencv.That this Agreement and a]I other documents delivered prior to or at the Close of Escrow
have been authorized, executed, and delivered by Grantor; are binding obligations of the Grantor; and are
collectively sufficient to transfer all of Grantor's rights to the Property.
In addition to any other remedies that may be available to the Agency as the result of a breach of any of the
foregoing warranties or representations, Grantor agrees to defend and hold the Agency harmless and reimburse the
Agency for any and all loss,cost, liability, expense, damage or other injury, including without limitation, attorneys
fees, incurred by reason of,or in any manner resulting from the breach of any of the warranties and representations
contained in this Agreement and all third-party claims arising out of or related to any facts or circumstances with
respect to the period prior to the Close of Escrow.
7. Work to Be Performed By Agency. Grantor hereby grants permission to the Agency or its authorized agent to
enter upon Grantors' land,where necessary to install an ornamental metal fence to be located between the western
boundary of Grantor's property and the eastern boundary of Agency's property matching the existing ornamental
metal fence already located on Agency's property.
Grantors understand and agree that, upon completion of the work described above; said property located upon the
Grantors' land shall be considered as the sole property of the Grantors,the maintenance and repair of the property to
be that of the Grantors.
8. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement by the
Agency's governing body,this Agreement shall constitute a binding obligation of the Agency.
9. Not Tested-Unknown Hazardous Material Use. The Grantor hereby represents and warrants that during the
period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of
hazardous substances or hazardous waste on, from, or under the Property. Grantor further represents and
warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substance or
hazardous waste on, from, or under the property which may have occurred prior to Grantor taking title to the
Property.
The acquisition price of the Property being acquired in this transaction reflects the fair-market value of the
property without the presence of contamination. If the Property being acquired is found to be contaminated by
the presence of hazardous waste which requires mitigation under Federal or State law, the Agency may elect to
recover its clean-up costs from those who caused. or contributed to the contamination, or are otherwise
responsible under State and Federal Law.
10. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed
or other documents following the delivery and recordation of said deed or other documents.
11. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close of Escrow.
12. Notices. All notices(including requests, demands, approvals or other communications)under this Agreement shall
be in writing. The place for delivery of all notices given under this Agreement shall be as follows:
Grantor: Mario and Suellen Lamorte,Trustees
45 Entrata Avenue
San Anselmo,CA 94960-2511
(415)457-8547—Business or(415)456-0528—Home
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Agency: Contra Costa County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez,CA 94553
(925)313-2200
or to such other addresses as Agency and Grantor may respectively designate by written notice to the other.
13. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this
Agreement constitutes the entire consideration for said document and shall relieve the Agency of all further
obligation or claims on this account, or on account of the location, grade or construction of the proposed public
improvements.Grantor has no other right or claim to compensation arising out of or connected with the acquisition
of the subject property by the Agency,except as specifically set forth in this Agreement,including but not limited to
all claims for compensation for improvements pertaining to realty, all claims for compensation for fixtures,
equipment or machinery, attorneys' fees, costs or damages of every kind and nature by reason of Agency's
acquisition of the subject property and agrees never to assert such a claim.
14. Construction. The section headings and captions of this Agreement are,and the arrangement of this instrument is,
for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this
instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This
Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had
prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement 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 Agreement.The Recitals are and shall be enforceable as a part of this Agreement.
15. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and
deliver all further conveyances, assignments,confirmations, satisfactions,releases, powers of attorney, instruments
of further assurance,approvals, consents and all further instruments and documents as may be necessary, expedient,
or proper in order to complete all conveyances, transfers, sales,and assignments under this Agreement, and do all
other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and
purpose of this Agreement.
16. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any
other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the
waiving party
17. Severability. If any term or provision of this Agreement shall,to any extent, be held invalid or unenforceable,the
remainder of this Agreement shall not be affected.
Remainder of Page Intentionally Left Blank
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18. Governing Law and Venue. This Agreement shall be governed and construed in accordance with California law.
The venue of any litigation pertaining to this Agreement shall be Contra Costa County,California.
AGENCY GRANTOR
CONTRA COSTA COUNTY MARIO LAMORTE AND SUELLEN LAMORTE OF
REDEVELOPMENT AGENCY THE LAMORTE TRUST DATED JULY 8, 1991,AS TO
AN UNDIVIDED 77-1/2% INTEREST AND SUELLEN
LAMORTE, AS CUSTODIAN FOR BENJAMIN
LAMORTE, A MINOR, AS TO AN UNDIVIDED Il-
1/4%INTEREST AND SULLEN LAMORTE, AS
CUSTODIAN FOR ALEGRA LAMORTE, A MINOR,
AS TO AN UNDIVIDED 11-1/4%INTEREST,ALL AS
TENANTS IN COMMON
RECO ENDED FOR APPROVAL:
By: Mario Lamorte,Trustee
Carla Peccianti
for Real Property Agent By: d(^
Suellen Lamorte,Trustee
By:Af4__
Kane .Laws By:
Principal Real Property Agent Suellen Lamorte /
Custodian for Benjamin Lamo>rte
APPROVED-
4
By"
By: Suellen Lamorte
Maurice Shiu Custodian for Alegra Lamorte
Public Works Director
Date 3 A, a 700.E Date: A e O�
(Date of Board Approval) (Date Signed by Grantors)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A-Legal Description
Exhibit B-Legal Description
(FORM APPROVED BY COUNTY COUNSEL 6/99)
Page 6 of 6
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Recorded at the request of:
Contra Costa County
Redevelopment Agency
Return to: EXHIBIT "Aly
Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn:Carla Peccianti
Portion of Assessor's Parcel No. 148-260-063
Title Co. Order No. 615-9226
GIANT DEED
For Value Received,receipt of which is hereby acknowledged,Mario Lamorte and Suellen Lamorte,as
Trustees of the Lamorte Trust Dated July 8, 1991, as to an undivided 77%2% interest and Suellen
Lamorte,as Custodian for Benjamin Lamorte,a minor, as to an undivided 11'/4%interest and Suellen
Lamorte, as Custodian for Alegra Lamorte , a minor, as to an undivided 11'/4%interest,
GRANTS to
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing
under the laws of the State of California,
The following described real property in the unincorporated area of the County of Contra Costa,
State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date
Mario Lamorte,Trustee
Suellen Lamorte,Trustee
Suellen Lamorte,
Custodian for Benjamin Lamorte
Suellen Lamorte,
Custodian for Alegra Lamorte
ATTACH APPROPRIATE ACKNOWLEDGMENT
Z:\GrpData\RealProp\Carla\Acquistion\IHT BRIDGE\Grant Deed Lamorte.doc
Lamorte
Portion of A.P.N. 148-260-063
Iron Horse Trail Bridge Overcrossing
Drawing No. A4054G-2006
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the Rancho Las Juntas, also being a portion of the
Lamorte property described in the deed recorded May 12, 1989 in Book 16811 of
Official Records at page 770, Contra Costa County records, described as follows:
PARCEL One-Fee Title
Beginning at the northwest corner of said Lamorte property (16811 O.R. 770)
thence easterly along the northerly line, south 87°42'02" east, 3.50 feet (the
bearing south 87042'02" east being taken for the purpose of this description) to a
point on a non-tangent curve concave to the east, a radial from said point bears
south 71'01'22" east; thence leaving said northerly line, southerly along said
curve, having a radius of 1794.33 feet, through a central angle of 0°38'44", an are
length of 20.22 feet to a point on the west line of said Lamorte property (16811
O.R. 770) also being the easterly line of the Contra Costa Redevelopment
Agency property described in the deed recorded December 28, 1984 in Book
12123 of Official Records at Page 961; thence northerly along said line north
8045'00" east, 19.52 feet; to the Point of Beginning.
Containing an area of 34 square feet of land (0.00158 acres), more or less.
PARCEL Two- Access Easement
Commencing at the northwest corner of said Lamorte property (16811 O.R. 770)
thence easterly along the northerly line of said property, south 87042'02" east,
3.50 feet (the bearing south 87°42'02" east being taken for the purpose of this
description) to the Point of Beginning; thence from said Point of Beginning and
continuing along said northerly line, south 87042'02" east, 10.44 feet to a point on
a non-tangent curve concave to the east, a radial from said point bears south
70055'36" east; thence leaving said northerly line, southerly along said curve,
having a radius of 1784.33 feet, through a central angle of 2042'29"_, an arc length
of-84.33 feet to a point on the southerly line of said Lamorte property (16811
O.R. 770), being a point on a non-tangent curve concave to the northeast, a
radial from said point bears north 32°54'02" east; thence northwesterly along said
curve, having a radius of 70.00 feet, through a central angle of 0°38'06", an arc
length of 0.78 feet to a point on the west line of said Lamorte property (16811
O.R. 770) also being the easterly line of said Contra Costa Redevelopment
Agency property (12123 O.R. 961); thence northerly along said line north
8°45'00" east, 61.88 feet to a point on a non-tangent curve concave to the east, a
radial from said point bears south 71040'06" east; thence leaving said westerly
line, northerly along said curve, having a radius of 1794.33 feet, through a central
angle of 0038'44", an arc length of 20.22 feet to the Point of Beginning.
Containing an area of 534 square feet of land (0.01226 acres) more or less.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
r
Signature
Licensed Land Survey r V+NQ S
Contra Costa County Public Works A. Sri'`
Date:
Exp.9/30/07
L.S.6571 \�
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G:iGrp Data\Design\SURVEYS\LegatskExhibits2006kLamorte.doc
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Iron Horse Trail - Bridge Overcrossing
Instrument Grant Deed Scale 1"-20' Dote April 2006
Drawn By KT File No. A4054G-2006
Series No. Recorded Checked By JS Cad FifeRW407806.dgn
POL':LINE TRANSMISSION
A--6,575(REV.7-02)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY ��� ��� �� n
3480 Buskirk Avenue, Suite 150
Pleasant Hill, CA 94523
Attention: Leo De Long
Location: City/Uninc
Recording Fee$
Document Transfer Tax$
o Computed on Full Value of Property Conveyed,or
o Computed on Full Value Less Liens&Encumbrances
Remaining at Time of Sale
Signature of declarant or agent determining tax SPACE ABOVE FOR RECORDER'S USE ONLY)
LD 2401-02-4407 EASEMENT DEED
2006007(22-05-111) 106 1
Lakewood-Meadow Lane-Clayton 11 5k
Relocation @ Pole 1/8,Treat Blvd.
MARIO LAMORTE and SUELLEN LAMORTE, as Trustees of the LAMORTE TRUST
dated July 8, 1991, SUELLEN LAMORTE, as custodian for Benjamin LaMorte, until age 21,
under the California Uniform Transfers to Minors Act, and SUELLEN LAMORTE, as custodian
for Alegra LaMorte, until age 21, under the California Uniform Transfers to Minors Act,
hereinafter called Grantors, in consideration of value paid by PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation,hereinafter called PG&E, the receipt whereof is hereby
acknowledged, hereby grant to PG&E the right to erect, construct,reconstruct,replace, remove,
maintain and use a line of poles with such wires and cables as PG&E shall from time to time
suspend therefrom for the transmission of electric energy, and for communication purposes, and
all necessary and proper crossarms, guys, anchors and other appliances and fixtures for use in
connection with said poles,wires and cables, together with a right of way, on, along and in all of
the hereinafter described easement area lying within Grantors' lands which are situate in the
unincorporated area of the County of Contra Costa, State of California, and are described as
follows:
(APN 148-260-063)
The parcels of land in and to which an interest was conveyed by.Edward
M. Thomas and Alice 1. Thomas, as Co-Trustees, to Mario LaMorte and others by
deed dated January 29, 1991 and recorded in Book 16419 of Official Records at
page 556, Contra Costa County Records, and therein designated PARCEL ONE
and PARCEL TWO; excepting therefrom the portion thereof lying within the
boundary lines of the parcel of land described and designated Parcel 1 in the deed
from Suellen LaMorte and others to Contra Costa County Redevelopment Agency
dated November 26, 1988 and recorded in Book 15062 of Official Records at
page 707, Contra Costa County Records.
The aforesaid easement area is described as follows:
1. A strip of land of the uniform width of 15 feet extending from the
southerly boundary line of Grantors' said lands northerly to the northerly
boundary line of Grantors' said lands and lying 10 feet on the westerly side and 5
feet on the easterly side of the line described as follows:
Beginning at a point in the southerly boundary line of Grantors' said lands
and running thence
(1) north 14°47'51" east approximately 10 feet
to a point herein for convenience called Point "A" which bears north 30°39'22"
east 208.93 feet distant from the found standard county street monument tagged
LS 4210 shown upon the map of Subdivision 6907 filed for record August 17,
1988 in Book 324 of Maps at page 27, Contra Costa County Records, as corrected
by a Certificate of Correction recorded October 24, 1988 in Book 14669 of
Official Records at page 927, Contra Costa County Records, as marking the
northerly terminus of a course shown upon said map, as corrected, which
corrected course has a bearing of N 8144'37" E and a length of 398.03 feet; thence
(2)north 2°03'40"west approximately 80 feet
to a point in the northerly boundary line of Grantors' said lands.
Grantors also grant to PG&E the right to install, maintain and use an anchor and guy
wires and cables of such type and materials as PG&E shall from time to time deem necessary
within the strip of land, situate within Grantors' said lands, described as follows:
2. A strip of land of the uniform width of 5 feet extending easterly-from the
easterly boundary line of the strip of land hereinbefore described and designated 1
and lying 2.5 feet on each side of the line described as follows:
Commencing at said Point"A" and running thence
(a) south 83°37'54" east 5.05 feet
to a point in said easterly boundary line, being the TRUE POINT OF
BEGINNING of said line; thence continuing
(1) south 83°37'54" east 29.95 feet.
The foregoing descriptions are based on a survey made by'PG&E in
September 2005. Bearings are based upon said map of Subdivision 6907, as
corrected by said Certificate of Correction.
Grantors further grant to PG&E:
(a) the right of ingress to and egress from,said easement areas over and across said lands
by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantors, provided, that such right of
ingress and egress shall not extend to any portion of said lands which is isolated from said
easement areas by any public road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear away or otherwise
destroy any and all trees and brush now or hereafter on said easement areas and to trim and to cut
down and clear away any trees on either side of said easement areas which now or hereafter in
the opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger
of falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided,
however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for
timber or wood, shall continue to be the property of Grantors, but all branches, brush, and refuse
wood shall be burned, removed, or chipped and scattered,by PG&E;
(c) the right from time to time to enlarge, improve, reconstruct, relocate and replace any
poles constructed hereunder with any other number or type of poles either in the original location
or at any alternate location or locations within said easement area designated 1;
(d) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easement areas; and
(e) the right to mark the location of said easement areas by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantors shall make of said easement areas.
PG&E hereby covenants and agrees:
(a) not to fence said easement areas;
(b) to repair any damage it shall do to Grantors' private roads or lanes on said lands; and
(c) to indemnify Grantors against any loss and damage which shall be caused by any
wrongful or negligent act or omission of PG&E or of its agents or employees in the course of
their employment, provided, however, that this indemnity shall not extend to that portion of such
loss or damage that shall have been caused by Grantors' comparative negligence or willful
misconduct.
Grantors reserve the right to use said easement areas for purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; provided that Grantors shall not erect
or construct any building or other structure, or drill or operate any well, or construct any reservoir
or other obstruction within said easement areas, or diminish or substantially add to the ground
cover in said easement areas, or construct any fences that will interfere with the maintenance and
operation of said facilities.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land.
Dated . 2006.
Mario LaMorte, as trustee aforesaid
Suellen LaMorte, as trustee aforesaid
Exp(b
;. � Suellen LaMorte, as custodian aforesaid for
Benjamin LaMorte
oved As To DesCrlpkn
Suellen LaMorte, as custodian aforesaid for
Alegra LaMorte
Area 2, East Bay Region, Diablo Division
GO Land Department
Electric Transmission
T1N, R2W MDB&M (SE4ofSW4 of Sec 14)
PG&E Drawing Number: Z-0712, 215214
Reference documents: 2401-02-2512, 2401-02-3968
TYPE OF INTEREST: 3, 6, 42
PM #: 30400781-0050
JCN: 22-05-111
County: Contra Costa
Prepared By: TEP