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HomeMy WebLinkAboutMINUTES - 10172006 - C.18 �n ``� s r,..t o ¢ TO: BOARD OF SUPERVISORS =_=? = Contra FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR Costa ;�.�-r-- DATE: October 17, 2006 4>� County •spa-coup` •J SUBJECT: Approve the conveyance of a Waterline and Electrical conduit easement across the Iron Horse Corridor (IHC) to Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), and Approve and 'Authorize the execution of a Real Property Sales Agreement for the easement. (SCI-I#96013028)Iron Horse Corridor. San Ramon Area. District III Project No. 0678-6G5575 SPECIFIC REQUFST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. FIND that the conveyance of such easement rights are in the public interest and will not substantially conflict or interfere with the County's use of the property,pursuant to Government Code Section 25526.6 B. APPROVE the Real Property Sales Agreement in the sum of$10,900.00 between Contra Costa County and DERWA. C. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of Contra Costa County. D. AUTHORIZE the Public Works Director to execute the Real Property Sales Agreement. E. DIRECT the Real Property Division to cause said Grant of Easement and Real Property Sales Agreement to be delivered to grantee. Continued on Attachment: X SIGNATURE: ' _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) / ACTION OF AC(7V V ON 12T_ PFOdOROVEDAS RECOMMENDED_OTHER VO OFCOMMISSIONERS V UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: CP:ld I hereby certify that this is a true and correct GARea1Prop\2006-FIIes\B0s&Res 06\BO DERWA IHC.doc copy of an action taken and entered on the Orig.Dept.: Public Works(RIP) minutes of the Redevelopment Agency on the Contact: C Peccianti (313-2222) date shown. cc: Public Works Accounting Public Works Records ATTESTED: Environmental-C Culver-Jaffe JOHN CULLEN,Agency Secretary Grantee(via RIP) Recorder(via RIP) By 1 Deputy Recording to be completed by DERWA Community Development Dept I. Bergeron,Computer Services SUBJECT: Approve the conveyance of a Waterline and Electrical conduit easement across the Iron 1-lorse Corridor (IHC) to Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), and Approve and Authorize the execution of a Real Property Sales Agreement for the easement. (SCI-I#96013028)Iron Horse Corridor. San Ramon Area. District III. DATE: October 17, 2006 PAGE: 2 of 2 Fiscal Impact: In consideration for the conveyance of the Grant of Easement to DERWA, the County is to receive $10,900.00 for the easement rights. This revenue will be deposited into the SPRW Trust Fund, (Fund # 138500). Reasons for Recommendations and Background: In September 2003 the County granted a surface and subsurface easement in the IHC to DERWA for installing and maintaining a 16-inch recycled water line as part of DERWA's Recycle Water Program in the Danville/Blackhawk/San Ramon Areas. As an additional part of DERWA's Recycle Water Program, they require additional easements from the County in the IHC for the installation and maintenance of a water inlet and outlet pipes and an electric conduit line in order to connect power to the pump station that will operate the water inlet and outlet pipes. Consequences of Negative Action: DERWA will not be able to connect or transport the recycled water to their main pipeline. GARea1Prop\2006-Fi1es\B0s&Res 06\BO DERWA IHC.doc DERWA RESOLUTION NO. 06-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE DSRSD•EBMUD RECYCLED WATER AUTHORITY APPROVING AND AUTHORIZING EXECUTION OF GRANT OF EASEMENT FROM CONTRA COSTA COUNTY TO DSRSD•EBMUD RECYCLED WATER AUTHORITY WHEREAS, implementation of Phase 1 of the approved San Ramon Valley Recycled Water Program requires the construction of a recycled water pump station and associated piping and utilities partially located in a County-owned portion of the Iron Horse Trail right-of-way located approximately 1,500 feet south from the intersection of the Iron Horse Trail and Bollinger Canyon Road; and WHEREAS, the staffs of DSRSD•EBMUD Recycled Water Authority (DERWA) and Contra Costa County have negotiated and reached tentative agreement on a proposed Grant of Easement (Easement) from Contra Costa County to DERWA, a copy of which is marked Attachment 1, and is attached hereto and made a part hereof by this reference. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the DSRSD.EBMUD Recycled Water Authority, a Joint Powers Authority, located in the Counties of Alameda and Contra Costa, California, as follows: 1. The Authority Manager and Authority Secretary are hereby authorized and directed to execute for and on behalf of the Authority, and to attest thereto, respectively, a Grant of Easement, substantially in the form attached hereto as Attachment 1, and in a form approved by the General Counsel, providing for the conveyance to DERWA of the easements required for the said recycled water pump station pipelines and utilities, in return for the payment by DERWA of the sum of $10,900. DERWA Res. No. 06-1 2. In the event the form of the Easement attached hereto is modified as a result of the consideration thereof by the Contra Costa County Board of Supervisors, the Authority Manager may execute the modified form after he has determined, upon consultation with General Counsel, that the modifications are not material. ADOPTED by the Board of Directors of the DSRSD•EBMUD Recycled Water Authority at its Regular Meeting held on the 25`I' day of September 2006 and passed by the following vote: AYES: 4 - Directors John A. Coleman, Daniel J.. Scannell, Frank Mellon, Richard M. Halket NOES: 0 Richard M. Halket, Chair ATTEST: a G Hatfield, A ority Secret CERTIFIED AS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THE OFFICE OF DUBLIN SAN RAMON SERVICES DISTRICT Secretary�/?� /v n TFIUQ SEK 2 8 2006 H:\Exec\DERWA\BOARD\FINAL\RES\2006\Reso-Grant of Easemt from CCCounty 9-25-06.doc ATTACHMENT 1 RECORDING REQUESTED BY Dublin San Ramon Services District—East Bay Municipal Utility District Recycled Water Authority(DERWA) AND WHEN RECORDED MAIL TO DERWA 7051 Dublin Blvd. Dublin,CA 94568 Attn: James B.Bewley, Authority Manager Iron Horse Corridor Portion of Parcel 61B GRANT OF EASEMENT THIS Grant of Easement is made and entered.into this day of , 2006, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL TT DISTRICTa LED WATER AUTORITY, a c� .r° ti o n' d d i' m1 laws e f California (` ERWA"). RE CI A A. County o fee solute to a s of of vary r that runs z north Co° rd throug +'. e Ci f ut Creek t f San R on in Contra Cos`` ounty. Sai trip of Iai mor mm known the Iron se Co or("IHC"). B :`"` ' `A desiue equine s int ease, th or a 16-inches igen,pipe and a 16-inch discharge pipe to connect with to connect with DERWA'S existing pipeline in the IHC and an easement for a 4-inch conduit to provide power to DERWA'S Pump Station located on the Sunset Property that is adjacent to the IHC hereinafter referred to as "Easements" and all necessary appurtenances thereto.. The two Easements areas are located approximately 1500 feet South of Bollinger Canyon Road, directly west of+N'" " QO in a portion of Parcel 61B, in the City of San Ramon. The Easements are more particularly described and shown in Exhibits and"B,"each of which Exhibits is attached hereto and made a part hereof. AGREEMENT 1. SURFACE AND SUB-SURFACE EASEMENT: County hereby grants to DERWA two non- exclusive, non-apportionable Easements more particularly described and shown in Exhibits "A" and "B", for all purposes necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating a 16-inch suction pipe and 16-inch discharge pipe along with a 4-inch conduit to provide a power line to operate the pump station located on property adjacent to the IHC as part of the DERWA Recycled Water Project and related facilities, including, but not limited to, access for pedestrians, vehicles, and equipment of all varieties for the above-described purposes. DERWA's use Page 1 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doc 811 412 006 3:05 PM DERWA County of the Surface and Sub-Surface Easement shall be subject to the limitations of this Grant of Easement. 2. CONSIDERATION: As consideration for County's granting of the Easements, described herein, DERWA shall pay to County the sum of Ten Thousand and Nine Hundred and No/100 Dollars ($10,900.00), which payment shall be referred to as "Total Compensation." Payment of the Total Compensation shall be as described in that Real Property Sales Agreement to be executed simultaneously with the execution of this Grant of Easement. 3. COUNTY'S TITLE: NON-EXCLUSIVE USE: This Grant of Easement is for DERWA's non- exclusive, non-apportionable use of the Easements Areas. The Easements Areas lie within the boundaries IHC and owned in fee title by the County. DERWA hereby acknowledges County's title to the Easement areas and agrees never to assail or resist. said title. This Grant of Easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements that have been recorded, or that e evide ysical inspectior accur a as, excep Lice.. - gM t, including , amendments • tween o a Co Cou and the t B egio Park Distri which D A shalf n t be ;, ject r r subordin It all b E MA',s le . sponsibilit oblig`#ion, and I° ility to determin an th ..w " pities have een located m ° near the ements boundari F DE A ' ees to take I rie tions re ed to avoid dam to the facilities the e a ing s. If DE -' s the f ties or improvem i of any existin Ser, D A s '. repair replace facili at DERWA's soli."most and othin ntaine Fein all be co ed to vent County fro h,anting o er easemen s, anclises, icense or rights o ay o e 11e easement Are p'rovlded however, that said subsequent uses do not unreasonably prevent or obstruct DERWA's easement rights hereunder. 4. PRIMARY USE OF THE IRON HORSE CORRIDOR: The primary uses ("Primary Uses") of the IHC of which the Easement Areas are a part is for i) transportation uses, including but not limited to, a transit system ("Transit System"), ii) recreational uses, including but not limited to, a walking/jogging/biking trail, and iii) other uses, including, but not limited to, the installation of pipelines, conduits, wires and other telecommunications and utility services. DERWA acknowledges and agrees that the use just described constitutes the Primary Use of the IHC and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to all existing Primary Uses of the IHC, and to all future improvements necessary for a Transit System. DERWA shall not, at any time, use or permit the public to use the Easement Areas in any manner that will interfere with or impair either the County's existing Primary Use of the IHC, or with County's construction or. installation of any feature of.a Transit System as described herein. DERWA shall not fence the Easement Areas without the prior written approval of the County, and shall remove any fencing when requested to do so by County. Page 2 CP: Z:\GrpData\RealProp\Carla\lRON HORSE CORRIDORMERWA\DERWA Waterline and Electric Easement.doc 8/14/20063:05 PM DERWA County 5. DERWA IS UsE: PERMITS BY COUNTY: DERWA's use of the Easement Areas shall be limited to the installation, construction, reconstruction, removal, replacement, repair, upgrading, maintenance, operation, servicing, and use of the 16-inch suction pipe and a 16-inch discharge pipe and the 4-inch electric conduit described herein, and for no other purpose. DERWA shall, prior to any construction, reconstruction, remodeling, excavation, or installation related to the 16-inch suction pipe and a 16-inch discharge pipe and the 4- inch electric conduit, submit specific plans and specifications ("Plans and Specifications") to the County for review and written approval. Such written approval may be conditioned. DERWA shall also be required to obtain, and pay for, an Encroachment Permit from the County's Application and Permit Center, prior to commencing any construction work related to the construction and installation of the 16- inch suction pipe and a 16-inch discharge pipe and the 4-inch electric conduit. DERWA shall also be required to obtain and pay for an Encroachment Permit for any entry onto the IHC for anything other than inspection and servicing of the 16-inch suction pipe and a 16-inch discharge pipe and the 4-inch electric conduit once said installation has been completed. Such Encroaclunent Permit(s) shall not be unreasonably withheld. mal ten id repair by ERWA of its -inch su ti pip da - inch di rge and 4-inch el conduit an elated aci'htres hm the Easemen = eas, sisti E; f inspectio )utine ser ng of xisting pip dies in a manner t will e a public tui e, shall ' e prior no=,;e to the County. `;= RW erform maint nance d repair is fa a lities so as prevent damage p dither e I r to improti emen s eon, e , •ding e Iron Hor�, Trail as ' descrrb elow. ' _ tN m DER un erstands th 'ounty has cen e a porion of the IHS" o e East Bay Regional Park District ("EBRPD"), and that the EBRPD has installed a paved walking and jogging trail in the IHC commonly known as the Iron Horse Trail ("IHT"). DERWA agrees to notify and coordinate its activities with EBRPD prior to entering the IHC for either DERWA's construction and installation of the 16-inch suction pipe and a 16-inch discharge pipe and the 4-inch electric conduit or, after the 16-inch suction pipe and a 16-inch discharge pipe and the 4-inch electric conduit have been installed, for any maintenance activity, which involves the excavation of, or interference with, the MIT, In the event that DERWA identifies an emergency situation involving the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit DERWA agrees to immediately notify the County and EBRPD so that the County, EBRPD, and/or DERWA can take appropriate emergency actions, as necessary. An emergency shall be defined as a situation, which causes discontinuation of, or immediate threat to, the operation of DERWA's 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit, County's use of the IHC, EBRPD's use of the IHT, or harm, danger, or extreme inconvenience to the general public. Page 3 CP: Z:\GrpData\Real Prop\Carla\IRON MORSE CORRIDOR\DERWA\DERWA waterline and Electric Easement.doc 8/]4/20063:05 PM DERWA County_ 6. COMMON USE AGREEMENTS: A) Existing Common Use Requirements. On December 16, 1986, the Central Contra Costa Sanitary District ("CCCSD") acquired surface easements and sub-surface facility easements ("CCCSD Easements") from County in the general vicinity of the DERWA Easements described herein. Those easement documents (7626 OR 168 — 7587 OR 5) were recorded on September 19, 1975 and August 8, 1975, respectively, and are on file in the Contra Costa County Clerk —Recorder's Office. CCCSD's easement areas were modified on May 23, 2003, by recorded document (DOC-2003-0243028-00), which documents are also on file in the Contra Costa County Clerk — Recorder's Office. Section 3 of that document states that in the event that County conveys an easement to any third party(a "user") which easement area "overlap or overlays" the areas of CCCSD's sub-surface facility easements, then that third party shall enter into a common use agreement ("Common Use Agreement") with CCCSD, and that Common Use Agreement shall include specific language shown in that document attached hereto. B) Written Evidence. As a condition precedent.to the exercise of DERWA's rights eundehall provide wr' en evidenese Oxd ,: >aae A E men -scribed he do not o lay o or , rla CSBIs p in th ernative, ii DERWA cements es ribed -rein do over a, or erlap CSD's ea e v:' and D WA Has entered to said Cor n U to ent with CSDy n the ev ERWA d enter a Co ':5 A :' ement with CCCS then D WA 'hall provi written evi e to' un • igned by I7 hereby CSD states that kounty's oblanions 8. ribe the CC D Ease m s refer to above have be atisfied '11. D WA s"' be k ponsible satis g any other co own use requirements con ained in'any o Ter do en s a rave een recorded. C) Future Common Use Requirements. The DERWA Easements are perpetual, non- exclusive, and non-apportionable. However, any sub-surface easement or sub-surface license granted by the County to any user other than DERWA ("Other User") subsequent to this Grant of Easement which overlaps or overlays the DERWA Easements area shall require the Other User of the subsequent easement or sub- surface license to enter into a Common Use Agreement with the County and DERWA prior to the Other User commencing construction of the Other User's facility, which Common Use Agreement shall contain, at a minimum, the following provisions: (a) The Other User shall remove or relocate its facility in a timely manner and at no cost to the County or DERWA as reasonably necessary to accommodate DERWA's right to install, construct, alter, replace, enlarge, repair, maintain, and operate DERWA's Recycled Water Pipeline. (b) When DERWA determines to undertake a project which shall necessitate the removal or relocation of the Other User's facility within DERWA's Sub- Surface Easement, DERWA shall provide County and the Other User with a minimum of ninety (90) calendar days written notice of the need for Other Page 4 CP: ZAGrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\DERWA Waterline and Electric L-asement.doc 8/142006 3:05 PM DERWA County_ User to remove or relocate its facility. The Other User shall submit a removal or relocation plan to DERWA and County within thirty (30) calendar days of receipt of notice to do so. DERWA shall, and County may, review and comment on the plan within thirty (30) calendar days of its receipt. The Other User shall modify the plan to incorporate DERWA's and County's comments, if any, and resubmit the plan for DERWA's and County's written approval. The written approval by DERWA shall not be unreasonably withheld. (c) Any damage done to DERWA's facilities by the. Other User shall be repaired by DERWA and the Other User shall pay for all costs. The Other User shall provide a bond or other surety acceptable to DERWA on or before the execution of the common use agreement by DERWA, in a sufficient amount to DERWA which amount shall be determined by DERWA as a guarantee that the Other User shall remove or relocate its.facilities upon notification to do so by DERWA. (d) The Other User shall defend, indemnify, save and hold harmless the County and DERWA and its officers and employees from any and all claims, costs andel' r airy damages, '" 'ury or dead xra a ' in e th the p rman; f the comms se agreeme ue too c1 mZed alle99. o be r- to ne ent or wron cts, errors, ": .omissions of the er US& an ' ther on under i c ol, inelud but dot limited ;1 iability ism y or de a to bers of _: c using t1i, roperty escn I a subseque lease t, save exce t claims o '. igation t isin o the sole Tgenc willfu = iscon uct of DE A, and °shall ,e go and re burse D A or .y mty, as the case = , be, for any e nditur clu t g, but no ited reasonable atto 's fees, - h DER r Coun'y may make by ens o sus matters. The e User further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of DERWA and its officers and employees. 7. FURTHER USE BY THE COUNTY: A) DERWA understands and agrees that County intends to use portions of the IHC for the construction, installation, and operation of a Transit System, or other Compatible or Non-Compatible Uses, as described below, and that such uses may require the County's use of portions of the Easement Areas. County agrees that it will attempt not to use portions of the Easement Areas that will limit or impede DERWA's access to the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit, however, County shall specifically have the right to construct any of the Compatible Uses described below over any portion of the Easement Areas. DERWA hereby acknowledges that DERWA shall be solely responsible, at its sole cost and expense to design, engineer, construct, reconstruct, and maintain its 16-inch suction pipe, 16- inch discharge pipe or the 4-inch electric conduit in a manner that will withstand the significant weight and vibration conducive to a Transit System, and the Compatible Uses described herein. The following uses shall be considered to be "Compatible Page 5 CP; Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doc 8/14/7006 3:05 PM DERWA County_ Uses," may be constructed over all or any portion of the Easement Areas, and shall specifically not be considered as limitations or impediments to DERWA's access to the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit: fences, surface parking, trails, roads, streets, other utility facilities, paved surfaces, railways, rail beds, all features of a Transit System, including, but not limited to, switches and station facilities such as loading platforms and canopies, and any other improvements, including, but not limited to, removable noise or retaining walls built no closer than ten feet (10') from the centerline of the Easement Areas described herein, and landscaping, not including trees. DERWA agrees never to assail County's right to construct or install the Compatible Uses described above. B) The following uses shall be considered "Non-Compatible Uses" for the purposes of this easement: Buildings with foundations, multi-level parking facilities, embankments (which shall be defined as a change in the existing surface elevation (grade) of the Easement areas by more than one foot (1') without first having the written consent of DERWA, which consent shall not be unreasonably withheld), and other permanent structures with foundations, that are built within the boundaries of the Surface Access Easement described in Exhibit "A" hereto, and which would onabl e, ith DERWA's se of it 0tio 6 ch ge pi r th nch electric duit and/or event DR A's lona acce o th .'6-inch ction pipe, ch dischar pipe or th 4-in :• electri condor m tena and repair p s Althou .• " t is n,,t the intent - County to Io t No m f le Uses in feet (1 the center[" of the Easeirti� Ar , e bed herein, unt 1 not be vente n from doin C) Not than e h ;:, ed eigh (180) d rior warding a contr for the ction ther C - tibl ses or No omp e Uses, County s submit D RW A esig plan an specification or sa rovements fo 'CVA's review. Within sixty (60) days after its receipt of said pians and specifications, DERWA shall then determine what measures are reasonably necessary both 1) to protect DERWA's 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit from additional load and/or vibration resulting from the improvements, and 2) to insure access to the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit for maintenance, and shall notify County in writing of said measures. DERWA shall be responsible for designing, constructing, installing, and maintaining, at its sole cost and expense, those protective measures made necessary by the Compatible Uses described above. In such event, upon DERWA's prior written request, County may consider, but is not obligated to include in its design of any proposed Compatible Uses, additional design features ("Additional Design Features") that will serve to protect and provide access to the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit. DERWA hereby acknowledges that County will incur additional costs and expenses in considering any Additional Design Features on DERWA's behalf. Such costs and expense shall be determined by County in its sole discretion, and DERWA hereby agrees to reimburse any of such costs or expenses incurred by County in such consideration, promptly upon written demand by County. In the event that County determines, in its sole discretion, to construct any of said Non-Compatible Uses over any portion of the Property, then Page 6 CP: ' Z:\GrpData\RcalProp\Carla\lRON HORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doc 8/[4/20063:05 PM DERWA County County shall be responsible, at its sole cost and expense, to design, construct, install, and maintain reinforcements to protect, and modifications to access, the Recycled Water Pipeline, as reasonably acceptable to DERWA. The protective measures for which DERWA is responsible shall be submitted to County for an Encroachment Permit as required in Section 5. DERWA's Use; Permits By County, above. County reserves the right to require DERWA to reasonably modify its facilities to accommodate County's construction of the Compatible Uses described above. Said modifications shall not include relocating the Recycled Water Pipeline, but may include alteration of surface and sub-surface features of the Recycled Water Pipeline. D) In the event that, after the installation of DERWA's I6-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit, DERWA determines, in its sole discretion, that the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit must be relocated or modified to withstand the effects of the Compatible Uses described herein, including, but not limited to, a Transit System, then DERWA shall be. solely responsible to perforin said relocation or modifications, at DERWA's sole t expens iity. In the eve .that DER t ]r me tion p t 16- discharge pi the 4-inch ctric co uE ' A sl a. e the ht to r ate the 16 uction pip 6-inch disc arge ;e ora e 4-inch e7 ctri a ondui thin the b n es of the semefit Areas d ibed in Exhibi„ . - " aid'„"B', ereto, and sIII h no right ,• z relocate tl 16-inch suctioi =ape, c, In ' .discharge pi r or 4-inch tric, nduit outs of the Easel ix bou arse . A s�h,�y+ onstru i. rovements d. whi t is deemed res ible as escribed i1i" pis 'ectiod to a manner the I' rift unreasonably de a o�ii nty's construction of the Compatible Uses. In the event that DERWA fails to commence said 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 time period mutually agreed to by County and DERWA, County may perform or complete the work at DERWA's expense, which expense DERWA agrees to pay to'County promptly upon demand, including but not limited to, engineering costs and any legal expenses incurred to collect such costs. 8. RESTORATION OF THE IHC: DERWA agrees that upon the completion of any of its works described in the Plans and Specifications referred to herein, it will restore the Easement Areas within the IHC as provided in said Plans and Specifications. Upon the completion of anyof DERWA's work after the installation of the 16-inch suction pipe, 16-inch discharge pipe or the 4-inch electric conduit have been completed, DERWA will restore, as near as possible, the surface of the ground to the condition it was in just prior to the commencement of said work, or better, including, . but not limited to, the replacement of all paving, landscaping, fixtures, and improvements, all at DERWA's sole cost and expense. Page 7 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doc 8/14/20063:05 PM DERWA County 9. 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 Easement Areas by DERWA, or any other person or entity acting under DERWA's direction or control, shall, at County's sole discretion and direction, be repaired or replaced by County, with all reasonable costs and expenses incurred by County to be paid by DERWA within forty-five (45) days after receiving a detailed invoice from County (including but not limited to engineering costs and legal costs of collecting any unpaid expenses), or, in the alternative, and only with County's prior written consent, said property, facilities, landscaping, or other improvements so damaged or removed, shall be repaired or replaced by DERWA, at the sole cost and expense of DERWA, to a condition that is equivalent to or better than their condition existing just prior to its damage or removal. In the event that DERWA fails to commence the required work within thirty (30) days after being directed to do so by County, or such reasonable extension as County may agree to in writing, or fails to complete the required work within a reasonable time thereafter, County may perform or complete the work at the expense of DERWA, which expense DERWA agrees to pay to County promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 1� GE TO%DD,1L k • FACILITIES: unty shall i+: po Prot ' ; maim ince, 't : age to, or re e al of DER s facilij ance improve its, c ed by esulting fro l unty's use e Easement Area9....r of tli IHC or #k or ,: ratio , ereon. It sl 1 DERWA' le Ie onsibllity : rovide and main ade ,t, r etion and s r fac arkings f 4a'.,, facilities. Object to the foreg, 1 's properly marke x rotected mid m-'ntained fa tleS are damage the e, a e negligen1 misco uct of County, C . ty shall repair amaE t its cost an expense at the cretion of and up written not •om Coix d ge shy? be repaire ' DE , and the reason " • cost of ° such repair as pre-approved inn WE ting y Co un h lY� e paid for by Coun '1j WA acknowledges and agrees that, under no circumstance shall County have any liability to DERWA, or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits, or business opportunities arising from or in any way relating to, any damage or destruction of any portion of DERWA's facilities. DERWA hereby acknowledges that its sole remedy for any damage to or destruction of any portion of DERWA's facilities, to the extent County is otherwise so liable under this Grant of Easement, shall be to require County to repair or replace the damaged or destroyed portion or to reimburse DERWA for DERWA's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion as described above. 11. INDEMNIFICATION AS-IS CONDITION OP THE IRON HORSE CORRIDOR: A) In the exercise of all rights under this Grant of Easement, DERWA shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with DERWA's use of the Easement Areas. DERWA shall indemnify, defend, save, protect and hold harmless, County, its officers, agents, employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages), liability, Page 8 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOROERWAiDERWA Waterline and Electric Easement.doc 6/14/20063:05 PM DERWA County— claims, suits, demands, judgments, orders, costs, fines, penalties or expense, of whatever character, including, but not limited to, those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities") to persons or property, direct or consequential, directly or indirectly contributed to or caused by DERWA's operations, acts or omissions pursuant to this Grant of Easement, or DERWA's use of the easements, save and except Liabilities arising through the sole negligence or sole willful misconduct of the County, its officers or employees. B) DERWA further agrees to defend, indemnify, save, protect and hold harmless, County from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this Grant of Easement or any act or approval of County related thereto. C) DERWA accepts the Easement Areas in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the County as to any matter, including, but not limited to the physical condition of the Easement Areas and/or the condition and/or possible uses of the land or any .. . 1, rovemen the condition the soilPei I yaSh co t'on of air, face water roundwater° e presncMKoh nu fau ' the pr Ice of any ous subs , materials, orotcinds �f cont a atio poll is of any k` r e air, soil ound ater or sur water, or th 4., uita 7 v, a Easeme p Are : for the g • ion and of the impro, lnerl ie It shall be e sol sponsibi. of D i,RWA, at it le cost and nse, my ate and d e' me _ suitabill of the soil, water.,ologic, env nenta id s is con ons of the asem Areas for the int ded use •E i� mrplate,� i rein, o de i ine and �; ly all building, p1 'u ng and zoning reg 'I onswrelati e o e sement eas nd le uses to whichTt cane put. DERWA relies solely on DERWA's own judgment, experience and investigations as to the present and future condition of the Easement Areas or its suitability for DERWA's intended use and is not relying in any manner on any representation or warranty by County. DERWA agrees that neither DERWA, its, successors or assigns shall ever claim, have or assert any right or action against County for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Easement Areas at the commencement of this Grant of Easement or from the release of any hazardous substance in, on or around any part of the Easement Areas or in the soil, water, subsurface strata or ambient air by any person or entity other than the County following the commencement of this Grant of Easement. As used herein, "hazardous substance" means any substance,, material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. D) To the extent permitted by law, DERWA shall indemnify, defend, save, protect and hold County, its officers, agents, and employees harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages and losses, and Page 9 CP; Z:\GrpData\RealProp\Carla\rRON I-JORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doc 8/1420063:05 PM DERWA County costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Easement Areas and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easements), of any kind or nature, to the extent caused or contributed to by DERWA's operation or performance under this Grant of Easement, or DERWA's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including, but not limited to, petroleum) as a result of DERWA's construction, reconstruction, maintenance, .repair, use, replacement, or removal of its facilities, to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. E) The obligations contained in this Section shall survive the expiration or other termination of this Grant of Easement. 12. No WARRANTIES: DERWA understands and acknowledges that County makes no ese�itation , or guarantees any kind 3 ` sex =re l p1h d with r ct to th aser� _ Areas, and D1 AWA is enter into tlu 'tr sacti n wrtho t relying t ,ly m r on -a such repres on or warr . - by County 4 13. � COUNTY- '` GH ^E 1 REFUSAL: , A) IfA ires assign o set!, her knot ' as a "Transfer of the Pro , DE ` A sh notify "unty of th`- rms u er which it is wills o make M""Iransf s id an ers has receiv a .on asements frompective 15uyers wh Pave the finance lty to coomp e e"fhe,'rahsfer. Count sha' have thirty (30) days after receipt of DERWA's written notice to exercise this right of first refusal ("Right of First Refusal") by providing DERWA with written notice of its intent to re-acquire the Easements and any improvements constructed thereon which is a part of the offer, according to the terms stated in DERWA's best offer. If County fails to exercise its Right of First Refusal within thirty (30) days or, if having provided written notice of its intent to exercise the Right of First Refusal, County fails to complete the purchase of DERWA's interest within one hundred-twenty (120) days after the notice of exercise is provided, DERWA shall have the right to Transfer the Easements to a third party only on the terms stated in the offer; subject to the teens and conditions of this Grant of Easement, and the requirement that DERWA first obtain County's written consent as provided herein. B) If a proposed Transfer of the Easements or of the improvements thereon, to a third party is not consummated, this Right of First Refusal shall continue to remain in effect as to any future offers to Transfer the Easements. If County declines to exercise its Right of First Refusal as to a particular Transfer and the Easements are subsequently transferred or assigned to a third person with County's consent, this Right of First Refusal shall continue to remain in effect as to the transferee or any successor transferees, and as to any and all future offers to Transfer the Easements. Page 10 CP: Z:\GrpData\RealProp\Carla\[RON HORSE CORRIDORMERWAIDERWA Waterline and Electric Easement.doc 8!14/20063:05 PM DERWA County 14. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred or assigned without the prior written consent of County, which may reasonably be withheld by County in its sole discretion. DERWA shall not have any right to apportion the Easements, or any interest therein. 15. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of County's adjacent lands lying outside of the Easement Areas. 16. ENTIRE AGREEMENT: This Grant of Easement, including the Recitals and Exhibits attached hereto, contains the entire agreement between the parties hereto and shall not be modified in any mariner except by an instrument in writing executed by the parties or their respective successors in interest. 17. 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 Ment andvag,-e �y rule of const •ction to the Q �. e resoly gainst , dra party shall apply to the terpreta of thi rant ti f Easemd. 18. SUCCESS K AN SSI,.° This ind, tur d all of ants herein ntained shall in the ne f and be bill n u the per J d su essors and"Signs of the respeave p ,' s he as. 19WAI. I A wa�, of any ch iy coven pro : on in this Grant o Bement Shad not be ral einei a w er o any other coven or provision in tli s rant of Easement and no waiver shall be valid unless in writing and executed by the waiving party. 20. 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. (Remainder of page intentionally left blank) Page I 1 CP: Z:\GrpData\ReaiProp\Carla\IRON IiORSE CORRIDOR\DERWA\DERWA Waterline and Electric Easement.doe 8n4n0063:05PM DERWA County„ 21. GOVERNING LAW AND VENUE: This Grant of Easement shall be governed by and construed in accordance with California law. The venue of any Iitigation pertaining to this Grant of Easement shall be Contra Costa County, California. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of 2006. COUNTY: DERWA: CONTRA COSTA COUNTY DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY By By: Chair,Board of Supervisors James B. Bewley, Authority Manager 5r�p�y� R Date of DERWA Approval: S 1 W? 9� NIA CO OFCCOST ) I h On be te, y: f Dep Clerk of the d of erviso ontra Costa C 'nty, C �Gb�ell �` a pers, ,_ly appeared gk 4' who is per ally + kno o me(or Prov J' me e n of satisfactory e: ence) '� 1' rltCTetaiy . to ba 'e persons) nam is/ bscribed tot Ift{F s inst ent and ackr ged a that he/they ex ted the ROVED ` TO FORM: / same n his/her/ author eq capae les), and hat by hislE heir sijz a s)on the i ment th on(s), he entity U p the persmri eted execute .. tins rnt nt. i +. Robe>l tld , WITNESS my hand and official seal. DERWA General Counsel By: Deputy Clerk By: (Seal) Deputy Clerk APPROVED AS TO FORM: SILVANO B.MARCHESI, County Counsel By: Deputy County Counsel Page 12 CP: Z:\GrpData\RcalProp\Carla\IRON HORSE-CORRIDOMDERWA\DERWA Waterline and Electric Easement.doc 8/14/2006 3:05 PM DERWA County— EXHIBIT "A" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as follows: WATERLINE EASEMENT PARCEL A COMMENCING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly comer of Lot 5 as shown on that map of Subdivision 8454, "Bishop Ranch 1", filed October 16, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records; thence southeasterly along said southwesterly line South 28'49'37"East, 4.51 feet to the POINT OF BEGINNING; thence leaving said southwesterly line North 6110'23"East, 65.79 feet to the southwesterly line of that DERWA-SAN RAMON VALLEY RECYCLED WATER PROGRAM SUB-SURFACE EASEMENT described in EXHIBIT "B" in that certain GRANT OF EASEMENT recorded September 26, 2003 under document number 2003-483604; thence along said southwesterly line South 28'48'28"East, 15.00 feet; thence leaving said line, South 61'10'23"West, 65.78 feet to said southwesterly line of said lands of the County of Contra Costa; thence along said southwesterly line, North 28'49'37"West, 15.00 feet to the POINT OF BEGINNING. Containing 987 square feet, more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as shown on that map of Subdivision 8454 , "Bishop Ranch I", filed October 16, 2001 in Map Book 435,Pages 28 through 34, Contra Costa County Records, taken as North 28'49'37"West. S\NPL LAND SG - 1-3.7 o� ARESO` �P q�OFCALIF Dated: 1? to6 Jonathan R. Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" ]:\04\300115\Easement\PARCEL A iRO.doc Last printcd 7/17/2006 4:38:00 PM li , I I I I I I �-, I ) I I I I I W I I I I ©I ' I I I i I I l CA o QQ C.0 II �l - � � hI I I O c IP.0.8. z j N61010'23"E 65.79' IN I I r tw I d I I ' co 00 o //PARCEL A �' caI I I y I w riz I ODy w g S61610'23"W 65.78' m I I I I I 01co � to I C/I cn I "IRON HORSE( TRAIL I 100 WIDE Ij CMD ONTRA COSTA COUNTY I I I 3358 OR 487 I I I I LEGEND — — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING O 15' SAN. SEWER EASEMENT PER 10103 OR 792 ® EASEMENT AREA O2 12' SAN. SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF t�3 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OF CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT A 0 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY . LEGAL DESCRIPTION ® 25' PG&E R/W PER 4700-OR 466/4700-470 WATERLINE EASEMENT PARCEL A Scale: 1"=20' Date: 06/14/ 60 TT RT 1<� OWN. JfiO AREA 'mT N0. f.... - 987 SO. FT. 1 OF 1 QON6 UCTIN 41 1NYIN92A8 CHK. r EXHIBIT "B" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as follows: ELECTRIC EASEMENT PARCEL B BEGINNING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly corner of Lot 5 as shown on that map 'of Subdivision 8454, "Bishop Ranch 1", filed October 16, 2001 in.Map Book 435, Pages 28 through 34, Contra Costa County Records; thence along said line, North 28'49'37"West, 5.49 feet; thence leaving said line, North 61'10'23"Bast, 100.00 feet to the northeasterly line of said lands; thence along said northeasterly line South 28'49'37"East, 10.00 feet; thence leaving said line, South 61'10'23"West, 100.00 feet to said southwesterly line; thence along said line North 28'49'37"West, 4.51 feet to the POINT OF BEGINNING. Containing 1,000 square feet, more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as shown on that map of Subdivision 8454 , "Bishop Ranch 1", filed October 16, 2001 in Map Book 435,Pages 28 through 34, Contra Costa County Records, taken as North 28'49'37"West. L A SG 9 o� Res 3.51, q�OFCALIF Dated: 7Z-7 0� Jonathan R: Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" J:\0413001 I518ascrnent\PARCEL B JRO.doc Last printed 7117/2006 4:49:00 PM Ii ` I I T- -7, I I I I I I I ' ► t t I ! I I i ► ; I I i I W I I I I I ©I � O I I ® I I co co I h 'CIO, I 1 10 ! O z U, I N 61 10 23 E 100.00 I N I °4 o c I - I ► o 00 PARCEL B o W ► I 'v S61*10'23"W . 100.00' _v I , � W I I I I I "' I[ I t7'W I . I jca J t I I oI I � CAo ► y I cn I "IRON HORSE( TRAIL ► I 100 WIDE ICD ONTRA COSTA COUNTY � I I 13358 OR 487 I I I I LEGEND — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING O 15' SAN. SEWER EASEMENT PER 10103 OR 792 ® EASEMENT AREA 0 12' SAN. SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF Q3 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OF CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT B O 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY LEGAL DESCRIPTION © 25' PG&E R/W PER 4700—OR 466/4700-470 ELECTRICAL EASEMENT PARCEL B Scale: 1"=20' Date: 06/14/06 DWN. ,kt0 � X SHEET NO. 0 ONOULTING ENGINEER N [ [ [ f CHK. 1000 SQ. FT. 1 OF 1 N 1. RECORDING REQUESTED BY Dublin San Ramon Services District—East Bay Municipal Utility District Recycled Water Authority(DERWA) AND WHEN RECORDED MAIL TO DERWA 7051 Dublin Blvd. Dublin,CA 94568 Attn: James B.Bewley. Authority Manager Iron Horse Corridor Portion of Contra Costa County Parcel 61B GRANT OF EASEMENT THIS Grant of Easement is made and entered into this 12th day of September, 2006, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY, a public corporation organized and existing under the laws of the State of California("DERWA"). RECITALS A. County owns fee title absolute to a strip of land of varying width that runs from north Concord through the City of Walnut Creek to the City of San Ramon in Contra Costa County. Said strip of land is more commonly known as the Iron Horse Corridor("IHC"). B. DERWA desires to acquire a permanent easement in the IHC for a 16-inch suction pipe and a 16-inch discharge pipe to connect with DERWA'S existing pipeline in the IHC, and a permanent easement for a 4-inch conduit to provide electrical power to DERWA'S Pump Station located on the Sunset Property that is adjacent to the IHC. The easement areas are located, in the City of San Ramon approximately 1500 feet south of Bollinger Canyon Road, directly west of APN 213-120-012 in a portion of Contra Costa County Parcel 61B as described in the Grant Deed recorded on December 16, 1986 in Book 13358 Page 487 Official Records of Contra Costa County. AGREEMENT 1. SURFACE AND SUB-SURFACE EASEMENTS: Pursuant to the terms and conditions set forth herein, County hereby grants to DERWA: 1) a non-exclusive, non-apportionable surface and subsurface easement more particularly described and shown in Exhibits "A" and "B", attached hereto and made a part hereof, for all purposes necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating a 16-inch suction pipe and a 16-inch discharge pipe, and related facilities; and Page 1 of 12 CP: Z:\GrpData\Rea1Prop\Carla\1RON HORSE CORRIDOR\DERWA\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7- 06.doc t 2) a non-exclusive, non-apportionable surface and subsurface easement more particularly described and shown in Exhibits "C" and "D", attached hereto and made a part hereof, for all purposes necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating a 4-inch conduit for an electric power line for operating DERWA's Pump Station, which is located on APN 213 120 012, adjacent to the IHC. The easement areas described and shown in Exhibits "A," "B," "C," and "D" are hereafter referred to as`Basement Areas". 2. CONSIDERATION: As part consideration for County's granting of the easements to DERWA, DERWA shall pay to County the sum of Ten Thousand and Nine Hundred and No/100 Dollars ($10,900.00), which payment shall be referred to as "Total Compensation." Payment of the Total Compensation shall be as described in that Real Property Sales Agreement to be executed simultaneously with the execution of this Grant of Easement. 3. COUNTY'S TITLE; NON-EXCLUSIVE USE: The Easements Areas lie within the boundaries of the IHC, which is owned in fee simple absolute by the County. DERWA hereby acknowledges County's title to the Easement Areas and agrees never to assail or resist said title. This Grant of Easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements that have been recorded, or that would be evident from a physical inspection or accurate survey of the Easement Areas, except that License Agreement, including all amendments, between Contra Costa County and the East Bay Regional Park District, to which DERWA shall not be subject or subordinate. It shall be DERWA's sole responsibility and obligation to determine if any other facilities have been located within or near the Easement Areas. DERWA agrees to take all precautions required to avoid damage to the facilities of existing users. If DERWA damages the facilities or improvements of any existing user, DERWA shall repair or replace such facilities at DERWA's sole cost and expense. Nothing contained herein shall be construed to prevent County from granting other easements, franchises, licenses or rights of way over the Easement Areas, provided however, that said subsequent uses do not unreasonably prevent or obstruct DERWA's easement rights hereunder. 4. PRIMARY USE OF THE IRON HORSE CORRIDOR: The primary uses ("Primary Uses") of the IHC of which the Easement Areas are a part is for i) transportation uses, including but not limited to, a transit system ("Transit System"), ii) recreational uses, including but not limited to, a walking/jogging/biking trail, and iii) other uses, including, but not limited to, the installation of pipelines, conduits, .wires and other telecommunications and utility services. DERWA acknowledges and agrees that the uses just described constitute the Primary Uses of the IHC and that any and all rights granted by this Grant of Easement are secondary and subordinate to all existing Primary Uses and to all future improvements necessary for a Transit System. DERWA shall not, at any time, use or permit the use the Easement Areas in any manner that will interfere with or impair either any existing Primary Use of the IHC, or County's construction or installation of any feature of a Transit System. DERWA shall not fence the Easement Areas without the prior written Page 2 of I I CP: Z:\GrpData\RealProp\Carla\1RON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc approval of the County, and shall remove any fencing when requested to do so by County. 5. DERWA'S USE; PERMITS BY COUNTY: DERWA's use of the Easement Areas shall be limited to the installation, construction, reconstruction, removal, replacement, repair, upgrading, maintenance, operation, servicing, and use of the 16-inch suction pipe, the 16-inch discharge pipe, and the 4-inch electrical conduit (hereafter jointly, "Facilities"), and for no other purpose. DERWA shall, prior to any construction, reconstruction, remodeling or installation of the Facilities, or any other work requiring excavation of soils, submit specific plans and specifications ("Plans and Specifications") to the County for review and written approval. Such written approval may be conditioned. DERWA shall also be required to obtain an Encroachment Permit from the County's Application and Permit Center, including payment of applicable fees, prior to commencing any such work. Such Encroachment Permit(s) shall not be unreasonably withheld. Normal maintenance and repair of the Facilities, such as inspection and routine servicing not requiring excavation of soils shall not require prior notice to or permission from the County. DERWA shall perform maintenance and repair of its facilities so as to prevent damage to either the IHC, or to improvements thereon, excluding the Iron Horse Trail as described below. DERWA understands that County has licensed a portion of the IHC to the East Bay Regional Park District ("EBRPD"), and that the EBRPD has installed a paved walking and jogging trail in the IHC commonly known as the Iron Horse Trail ("IHT"). DERWA agrees to notify and coordinate its activities with EBRPD prior to entering the IHC to construct or install its Facilities, or for any other work that involves the excavation of, or interference with,the IHT. In the event that DERWA identifies an emergency situation involving its Facilities, DERWA agrees to immediately notify the County and EBRPD so that the County, EBRPD, and/or DERWA can take appropriate emergency actions, as necessary. An emergency shall be defined as a situation that causes discontinuation of or immediate threat to, the operation of DERWA's Facilities, County's use of the IHC, EBRPD's use of the IHT, or harm, danger, or extreme inconvenience to the general public. 6. COMMON USE AGREEMENTS: A) Existing Common Use Requirements. On December 16, 1986, the Central Contra Costa Sanitary District ("CCCSD") acquired surface easements and sub-surface facility easements ("CCCSD Easements") from County in the general vicinity of the DERWA Easements granted herein. Those easement documents (7626 OR 168 — 7587 OR 5) were recorded on September 19, 1975 and August 8, 1975, respectively, and are on file in the Contra Costa County Clerk — Recorder's Office. CCCSD's Easement Areas were modified on May 23, 2003, by recorded document (DOC-2003-0243028-00), which document is also on file in the Contra Costa County Clerk — Recorder's Office. Section 3 of that document requires that in the event that County conveys to any third party (a "user"), an easement Page 3 of 11 CP: Z;\GrpDatalRea]ProplCarlaVRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc that "overlaps or overlays"the areas of the CCCSD Easements, the user shall be required to enter a common use agreement ("Common Use Agreement") with CCCSD. B) Written Evidence. As a condition precedent to the exercise of DERWA's rights hereunder, DERWA shall provide to County one of the following: i) CCCSD's written acknowledgment that the DERWA Easements do not overlay or overlap the CCCSD Easements ii) an executed Common Use Agreement with CCCSD; or iii) CCCSD's written acknowledgment that the County's obligations to CCCSD with respect to the CCCSD Easements have been satisfied in full. DERWA shall also be responsible for satisfying any other common use requirements contained in any other documents that have been recorded. C) Future Common Use Requirements. If, subsequent to this Grant of Easement, County grants to any user other than DERWA ("Other User") a sub-surface easement or license that overlaps or overlays the DERWA Easements, County shall require the Other User to enter into a Common Use Agreement with the County and DERWA prior to the Other User commencing construction of the Other User's facility, which Common Use Agreement shall contain, at a minimum, the following provisions: (a) The Other User shall remove or relocate its facility in a timely manner and at no cost to the County or DERWA as reasonably necessary to accommodate DERWA's right to install, construct, alter, replace, enlarge, repair, maintain, and operate DERWA's Recycled Water Pipeline. (b) When DERWA determines to undertake a project which shall necessitate the removal or relocation of the Other User's facility, DERWA shall provide County and the Other User with a minimum of ninety (90) calendar days' written notice of the need for Other User to remove or relocate its facility. The Other User shall submit a removal or relocation plan to DERWA and County within thirty (30) calendar days of receipt of notice to do so. DERWA shall, and County may, review and comment on the plan within thirty (30) calendar days of its receipt. The Other User shall modify the plan to incorporate DERWA's and County's comments, if any, and resubmit the plan for DERWA's and County's written approval. The written approval by DERWA shall not be unreasonably withheld. (c) Any damage done to DERWA's facilities by the Other User shall be repaired by DERWA and the Other User shall pay for all costs. The Other User shall provide a bond or other surety acceptable to DERWA on or before the execution of the common use agreement by DERWA; in an amount determined by DERWA as being sufficient to cover the costs of removing and relocating the Other User's facilities upon notification to do so by DERWA. (d) The Other User shall defend, indemnify, save and hold harmless the County, DERWA, and County's and DERWA's officers and employees from any and all claims, costs and liabilities for.any damages, injury or Page 4 of I I CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc death arising from or connected with the performance of the common use agreement, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Other User or any other person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in the subsequent easement, save and except claims or litigation arising through the sole negligence or willful misconduct of DERWA, and shall make good to and reimburse DERWA or County, as the case may be, for any expenditures, including, but not limited to, reasonable attorney's fees, DERWA or County may make by reason of such matters. The Other User further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of DERWA and its officers and employees. 7. FURTHER USE BY THE COUNTY: A) DERWA understands and agrees that County intends to use portions of the IHC for the construction, installation, and operation of a Transit System, or other Compatible or Non-Compatible Uses, as described below, and that such uses may require the County's use of portions of the Easement Areas. County agrees that it will attempt not to use portions of the Easement Areas that will limit or impede DERWA's access to its Facilities. However, County shall specifically have the right to construct any of the Compatible Uses described below over any portion of the Easement Areas. DERWA hereby acknowledges that DERWA shall be solely responsible, at its sole cost and expense to design, engineer, construct, reconstruct, and maintain its Facilities in a manner that will withstand the weight and vibration of a Transit System, and the Compatible Uses described herein. The following uses shall be considered to be "Compatible Uses," may be constructed over all or any portion of the Easement Areas, and shall specifically not be considered as limitations or impediments to DERWA's access to its Facilities : fences, surface parking, trails, roads, streets, other utility facilities, paved surfaces, railways, rail beds, all features of a Transit System, including, but not limited to, switches and station facilities such as loading platforms and canopies, and any other improvements, including, but not limited to, removable noise or retaining walls built no closer than ten feet (10') from the centerline of the. Easement Areas described herein, and landscaping, not including trees. DERWA agrees never to assail County's right to construct or install the Compatible Uses described above. B) The following uses shall be considered "Non-Compatible Uses" for the purposes of this easement: Buildings with foundations, multi-level parking facilities, embankments (which shall be defined as a change in the existing surface elevation (grade) of the Easement areas by more than one foot (1') without first having the written consent of DERWA, which consent shall not be unreasonably withheld), and other permanent structures with foundations, that are built within the boundaries of the Surface Access Easement described in Exhibit "A" and "C" hereto, and which would interfere with DERWA's use of its Facilities or prevent reasonable access thereto for maintenance and repair purposes. Although it is not the intent of County to locate Non-Compatible Uses within ten feet(10') from the Page 5 of l l CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc centerline of the Easement Areas described herein, County shall not be prevented from doing so. C) Not less than one hundred eighty (180) days prior to awarding a contract for the construction of Compatible Uses or Non-Compatible Uses, County shall submit to DERWA design plans and specifications for said improvements for DERWA's review. Within sixty (60) days after its receipt of said plans and specifications, DERWA shall determine what measures are reasonably necessary to both 1) protect DERWA's Facilities from additional load and/or vibration resulting from the improvements, and 2) insure access to the Facilities for maintenance. DERWA shall notify County in writing of said measures. DERWA shall be responsible for designing, constructing, installing, and maintaining, at its sole cost and expense, those protective measures made necessary by Compatible Uses Upon DERWA's prior written request, County may consider, but is not obligated to include in its design of any proposed Compatible Uses, additional design features ("Additional Design Features") that will serve to protect and provide access to the Facilities. DERWA hereby acknowledges that County will incur additional costs and expenses in considering any Additional Design Features on DERWA's behalf. Such costs and expense shall be determined by County in its sole discretion, and DERWA hereby agrees to reimburse any of such costs or expenses incurred by County in such consideration, promptly upon written demand by County. In the event that County determines, in its sole discretion, to construct any Non-Compatible Use over the Easement Areas, County shall be responsible, at its sole cost and expense, to design, construct, install, and maintain reinforcements to protect the Facilities. The protective measures for which DERWA is responsible shall be submitted to County for an Encroachment Permit as required in Section 5. DERWA's Use; Permits By County, above. County reserves the right to require DERWA to reasonably modify its Facilities and/or DERWA's Recycled Water Pipeline as described in the Grant of Easement recorded on September 26, 2003 as Instrument . No. 2003-483604 in Official Records of Contra Costa County, to accommodate County's construction of Compatible Uses. Said modifications shall not include relocating the Recycled Water Pipeline, but may include alteration of surface and sub-surface features of the Recycled Water Pipeline. D) In the event that, after the installation of DERWA's Facilities, DERWA determines, in its sole discretion, that the Facilities must be relocated or modified to withstand the effects of Compatible Uses, including, but not limited to, a Transit System, DERWA shall be solely responsible for such relocation or modifications, at its sole cost and expense. In the event that DERWA determines to relocate the Facilities, DERWA shall only have the right to relocate the Facilities within the boundaries of the Easement Areas granted herein, and shall have no right to relocate the Facilities outside of the Easement boundaries. E) DERWA shall construct any improvements for which it is deemed responsible as described in this Section in a manner that will not unreasonably delay County's construction of the Compatible Uses. In the event that DERWA fails to commence said work within thirty (30) days after being directed to do so by Page 6 of 11 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc County, or such reasonable extension as County may agree to in writing, or fails to complete the required work within a time period mutually agreed to by County and DERWA, County may perform or complete the work at DERWA's expense, which expense DERWA agrees to pay to County promptly upon demand, including but not limited to, engineering costs and any legal expenses incurred to collect such costs. 8. RESTORATION OF THE IHC AND THE IHT: Upon the completion of DERWA's installation of the Facilities, or any other work allowed herein, DERWA will restore, as near as possible, the IHC and the IHT to the condition they were in just prior to the commencement of said work, or better, including, but not limited to, the replacement of all paving, landscaping, fixtures, and improvements, all at DERWA's sole cost and expense. 9. 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 Easement Areas by DERWA, or any other person or entity acting under DERWA's direction or control, shall, at County's sole discretion and direction, be repaired or replaced by County, with all reasonable costs and expenses incurred by County to be paid by DERWA within forty-five (45) days after receiving a detailed invoice from County (including but not limited to engineering costs and legal costs of collecting any unpaid expenses), or, in the alternative, and only with County's prior written consent, said property, facilities, landscaping, or other improvements so damaged or removed, shall be repaired or replaced by DERWA, at the sole cost and expense of DERWA, to a condition that is equivalent to or better than their condition existing just prior to its damage or removal. In the event that DERWA fails to commence the required work within thirty (30) days after being directed to do so by County, or such reasonable extension as County may agree to in writing, or fails to complete the required work within a reasonable time thereafter, County may perform or complete the work at the expense of DERWA, which expense DERWA agrees to pay to County promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 10. DAMAGE To DERWA'S FACILITIES: County shall have no responsibility for the protection, maintenance, damage to, or removal of DERWA's facilities, appurtenances or improvements, caused by or resulting from County's use of the Easement Areas or of the IHC or work or operation thereon. It shall be DERWA's sole responsibility to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if DERWA's properly marked, protected, and maintained facilities are damaged by the sole, active negligence, or willful misconduct of County, County shall repair the damage at its sole cost and expense or, at the discretion of and upon written notice from County, the damage shall be repaired by DERWA and the reasonable cost of such repair as pre-approved in writing by County shall be paid for by County. DERWA acknowledges and agrees that, under no circumstance shall County have any liability to DERWA, or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits, or business opportunities arising from or in any way relating to, any damage or destruction of any portion of DERWA's facilities. DERWA hereby acknowledges that its sole remedy for any damage to or destruction of any portion of DERWA's facilities, to the extent County is otherwise so liable under this Grant of Easement, shall be to require County to repair or replace the Page 7 of 11 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc damaged or destroyed portion or to reimburse DERWA for DERWA's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion as described above. 11. INDEMNIFICATION,As-Is CONDITION OF THE IRON HORSE CORRIDOR: A) In the exercise of all rights and obligations under this Grant of Easement, DERWA shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with DERWA's use of the Easement Areas. DERWA shall indemnify, defend, save, protect and hold harmless, County, its officers, agents, employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages), liability, claims, suits, demands, judgments, orders, costs, fines, penalties or expense, of whatever character, including, but not limited to, those relating to inverse condemnation, and including attorneys' fees (hereinafter collectively referred to as "Liabilities"), direct or consequential, directly or indirectly contributed to or caused by DERWA's operations, acts or omissions pursuant to this Grant of Easement, or DERWA's use of the easements, save and except Liabilities arising through the sole negligence or sole willful misconduct of the County, its officers or employees. B) DERWA further agrees to defend, indemnify, save, protect and hold harmless, County from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this Grant of Easement or any act or approval of County related thereto. C) DERWA accepts the Easement Areas in an "as is" physical condition, with no warranty, guarantee or representation of any kind, express or implied, on the part of the County as to the Easement Areas, , including, but not limited to the physical condition of the Easement Areas and/or the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Easement Areas for the construction and use of the improvements thereon. It shall be the sole responsibility of DERWA, at its sole cost and expense, to investigate and determine the suitability of the soil, water, geologic, environmental and seismic conditions of the Easement Areas for the intended use contemplated herein, and to determine and comply with all building, planning and zoning regulations relative to the Easement Areas and the uses to which it can be put. DERWA relies solely on DERWA's own judgment, experience and investigations as to the present and future condition of the Easement Areas or its suitability for DERWA's intended use and is not relying in any manner on any representation or warranty by County. DERWA agrees that neither DERWA, its, successors or assigns shall ever claim, have or assert any right or action against County for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Easement Areas at the commencement of this Grant of Easement or from the release of any hazardous substance in, on or around any part of the Easement Page 8 of 11 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc Areas or in the soil, water, subsurface strata or ambient air by any person or entity other than the County following the commencement of this Grant of Easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. D) To the extent permitted by law, DERWA shall indemnify, defend, save, protect and hold County, its officers, agents, and employees harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages. and losses, and costs (including but not limited to the costs of any required or necessary testing, remediation, repair,.removal, cleanup or detoxification of the Easement Areas and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easements), of any kind or nature, to the extent caused or contributed to by DERWA's operation or performance under this Grant of Easement, or DERWA's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including, but not limited to, petroleum) as a result of DERWA's construction, reconstruction, maintenance, repair, use, replacement, or removal of its facilities, to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. E) The obligations contained in this Section shall survive the expiration or other termination of this Grant of Easement. 12. COUNTY'S RIGHT OF FIRST REFUSAL: A) If DERWA desires to assign or sell (together known as a "Transfer") the Easements, DERWA shall notify County of the terms under which it is willing to make such .Transfer and any offers it has received on the Easements from prospective buyers who have the financial ability to complete the Transfer. County shall have thirty (30) days after receipt of DERWA's written notice to re- acquire the Easements, ("Right of First Refusal") by providing DERWA with written notice of its intent to re-acquire the Easements and any improvements constructed therein and thereon, which is a part of the offer, according to the terms stated in DERWA's best offer. If County fails to exercise its Right of First Refusal within thirty (30) days or, if having provided written notice of its intent to exercise the Right of First Refusal, County fails to complete the purchase of DERWA's interest within one hundred-twenty (120) days after the notice of exercise is provided, DERWA shall have the right to Transfer the Easements to a third party only on the terms stated in the best offer, subject to the terms and conditions of this Grant of Easement, and the requirement that DERWA first obtain County's written consent as provided herein. Page 9 of 1 I CP: Z:\OrpData\RealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc B) If a proposed Transfer of the Easements and the improvements therein and thereon, to a third party is not consummated, this Right of First Refusal shall continue to remain in effect as to any future offers to Transfer the Easements. If County declines to exercise its Right of First Refusal as to a particular Transfer and the Easements are subsequently transferred or assigned to a third person with County's consent, this Right of First Refusal shall continue to remain in effect as to the transferee or any successor transferees, and as to any and all future offers to Transfer the Easements. 13. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred or assigned without the prior written consent of County, which may reasonably be withheld by County in its sole discretion. DERWA shall not have any right to apportion the Easements, or any interest therein. 14. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of County's adjacent lands lying outside of the Easement Areas. 15. ENTIRE AGREEMENT: This Grant of Easement, including the Recitals and Exhibits attached hereto, contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 16. 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. 17. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the permitted successors and assigns of the respective parties hereto. 18. 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. 19. 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. (Remainder of page intentionally left blank) Page 10 of I I CP: Z:\GrpDataiRealProp\Carla\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc 20. 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 17th day of OCTOBER , 2006. COUNTY: DERWA: CONTRA COSTA COUNTY DUBLIN SAN RAMON SERVICES DISTRICT- EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY By: C air Board of Supervisors By: OCTOBER 17 , 2006 James B. Bewley, Date: Authority Manager Date of Board Approval By: - STATE OF CALIFORNIA ) cy Gamb Hatfield, COUNTY OF CONTRA COSTA ) Authority Secretary On OCI M 17,4M me, R41LA L. MW Deputy Clerk of the Board of Supervisors,Contra Costa County, personally appeared Date: Q © v al, JCC GIOTA ,who is personally known to Dae of DERWA Approval me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their APPROVED AS TO FORM: authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the By. / entity upon behalf of which the person(s)acted executed the instrument. Robert B. Maddow, WITNESS my hand and official seal. DERWA General Counsel' By: epuTy flerk 17 APPROVED AS TO FORM: SILVANO B. MARCHESI, Count Counsel By: \ Lillian T. Fujil Deputy County Co sel Page 11 of 11 CP: Z:\GrpData\RealProp\Cada\IRON HORSE CORRIDOR\Changes requested by Lillian DERWA Waterline and Electric Easement 9-7-06.doc EXHIBIT`°A" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as-follows: WATERLINE EASEMENT PARCEL A COMMENCING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly corner of Lot 5 as shown on that map of Subdivision 8454, "Bishop Ranch I , filed October 16, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records; thence southeasterly along said southwesterly line South 28'49 37 East, 4.51 feet to the POINT OF BEGINNING; thence leaving said southwesterly line North 61'10 23 East, 65.79 feet to the southwesterly line of that DERWA-SAN RAMON VALLEY RECYCLED WATER PROGRAM SUB-SURFACE EASEMENT described in EXHIBIT "B" in that certain GRANT OF EASEMENT recorded September 26, 2003 under document number 2003-483604; thence along said southwesterly line South 28'48 28 East, 15.00 feet; thence leaving said line, South 61'10 23 West, 65.78 feet to said southwesterly line of said lands of the County of Contra Costa; thence along said southwesterly line,.North 28'49 37 West, 15.00 feet to the POINT OF BEGINNING.. Containing 987 square feet,more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as shown on that map of Subdivision 8454, `Bishop Ranch 1 , filed October 16, 2001 in Map Book 43.5,Pages 28 through 34, Contra Costa County Records,taken as North 28'49 37 West. �\ONNI.LAND ti5o \AAN 9 L .7 e S lbVpEs 3-,6" OFC Dated: 25 Lo6 Jonathan R. Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" P:1Projects\05\0300105017 DERWA Pump Station R200A&Pipeline\Easement InformationlPARCEL A JRO.doc Last printed 6!222006 11:41:00 AM -71 i t I 0' t t I r II � �o i I i hco C-1 N61'10'23"E 65.79Icn t I ( r w ICl O rn C co o PARCEL A a 00 t t t to t ts CA) co g S61'10'23"W 65.78' j l cy3, I "IRON HORSE" TRAIL"/ I I I I t 100' WIDE I � � ONTRA COSTA COUNTY I I I II I 13358 OR 487 t I I t LEGEND — — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING 1� 15' SAN. SEWER EASEMENT PER 10103 OR 792 ® EASEMENT AREA O 12' SAN. SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OF CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT B O 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY LEGAL DESCRIPTION © 25' PG&E R/W PER 4700—OR 466/4700-470 WATERLINE EASEMENT PARCEL A Scale: 1"=20' Date: 06/14/061 -7gNZL_ KFILLY Y owN. Sao AREA SHEET N0. RR CHK. 987 SQ. FT, I of i 0 0 N 8 U L T I N 0 ! M 0 1 M [ ! R • EXHIBIT"C" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as follows: ELECTRIC EASEMENT PARCEL B BEGINNING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly corner of Lot 5 as shown on that map of Subdivision 8454, "Bishop Ranch 1 , filed October I6, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records; thence along said line, North 28'49 37 West, 5.49 feet; thence leaving said line,North 6110 23 East, 100.00 feet to the northeasterly line of said lands; thence along said northeasterly line South 28'49 37 East, 10.00 feet;thence leaving said line, South 61'10 23 West, 100.00 feet to said southwesterly line; thence along said line North 28'49 37 West, 4,51 feet to the POINT OF BEGINNING. Containing 1,000 square feet; more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as shown on that map of Subdivision 8454, `Bishop Ranch i , filed October 16, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records,taken as North 28'49 37 West. p1.LAND s SNA R 0 � U .S m 9�OF CAS-�FOP� Dated: g 2 S 0 Jonathan R, Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" P:\Projects\05\0300105017 DERWA Pump Station R200A&Pipeline\Easement Information\PARCEL B JRO.doc Last printed 8222006 11:41:00 AM If I I I I I I II ` I I I I I I I I I I ® I I � I l W O I� I `� ,� I I (J nr;v'I ryz N61010'23"E 100.00' N I W 1 //// /Z co o cD o ///////FPARCEL B o� c,; o o v U' S61'10'23"W 100.00' I rq 0 o�lold I � I ca�I � co c3, I "IRON HORSE TRAIL I I 100 WIDE Co I � co ONTRA COSTA COUNTY I I � II' I 3358 OR 487 LEGEND — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING O 15' SAN. SEWER EASEMENT PER 10103 OR 792 ® EASEMENT AREA 0 12' SAN, SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF 3O 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OR CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT D 5O 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY LEGAL DESCRIPTION ® 25' PG&E R/W PER 4700—OR 466/4700-470 ELECTRICAL EASEMENT PARCEL B SCale: I"=20' Date: 06/14/061 DY JRO AREA SHEET N0. L T I N 0 1000 SQ. FT. coweu � riNo eNeiNeeae CHK. 10F1 REAL PROPERTY SALES AGREEMENT THIS AGREEMENT is made and entered into this day 12th of September, 2006, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called "County" and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY, a public corporation organized and existing under the laws of the State of California, hereinafter called "DERWA". In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows: I. County hereby agrees to sell and convey to DERWA a permanent easement in the Iron Horse Corridor(IHC) for a 16-inch suction pipe and a 16-inch discharge pipe (Waterline Easement) to connect to DERWA'S existing pipeline in the IHC, and an easement for a 4-inch conduit (Electric Easement) to provide power to DERWA'S Pump Station located on the Sunset Property adjacent to the IHC, as described and shown on in Exhibits "A through "D" attached hereto and made a part hereof. The conveyance of the easements shall be through a Grant of Easement document attached hereto. 2. DERWA understands that the sale of the easement rights is subject to approval by the County Board of Supervisors (`Board"). 3. DERWA shall pay the County, as consideration for the sale and conveyance of the easements, the sum of Ten Thousand Nine Hundred and No/100 Dollars ($10,900.00), which will be paid to County upon approval of this transaction by the Board. 4. It is agreed and confirmed by the parties hereto that, notwithstanding other provisions of this Agreement, County shall retain possession of the easement interests being conveyed hereby up to and including the date that the Board approves the execution of this Agreement (the Board Approval Date), and DERWA shall have the right of possession and use of those easement interests commencing on the day after the Board Approval Date. County reserves the right to cancel this sale at any time prior to the Board Approval Date. 5. Upon approval of the sale by the Board, and upon receipt of the full compensation for the easement rights, County will cause to be delivered to DERWA the Grant of Easement properly executed by the County. 6. DERWA shall be responsible to have the Grant of Easement Deed recorded in the Contra Costa County Recorder's Office and notify the County when the Grant of Easement has been recorded. 7. DERWA understands and acknowledges that the property rights described herein are being sold and conveyed on an "as is" basis and County makes no representations, warranties, claims, or guaranties, of any kind, as to the condition and/or possible uses of the easements being conveyed herein or any improvements thereon, if any. 8. The right, title, and interest in the property rights to be conveyed shall not exceed that vested in the County. Said property rights are conveyed subject and subordinate to all existing rights, Page 1 of 2 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\Purchase Agreement.doc rights of way, reservations, franchises, or easements that have been recorded, or that would be evident from a physical inspection or accurate survey of the area of the conveyed property rights, and licenses, except that License Agreement, including all amendments thereto, between County and the East Bay Regional Park District. 9. The rights and privileges granted to DERWA, may, at DERWA's option, be exercised by DERWA, the East Bay Municipal Utility District, the Dublin— San Ramon Services District, or any of DERWA's authorized agents or contractors. 10. Time is of the essence. This transaction shall close as soon as practicable, but not more than thirty (30) days following the acceptance and execution by DERWA's Board. The parties herein have set forth the whole of their agreement, and the performance of this agreement, including the Grant of Easement document attached hereto and the payment described herein, shall relieve the parties of all further obligations or claims on this account. COUNTY GRANTEE CONTRA COSTA COUNTY DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY (DERWA) By: y: ?,,.'., vlaurice M. "3 James B. Bewley, Public Works Director Authority Manager RECOMMENDED TO THE BOARD OF B4-11 y: SUPERV RS FOR APP VAL ncy Gamb Hatfield, Secretary of the District By: GiL✓ Date: � Z`U I 0 Karen A. s, (Date signed by DERWA) cipal Real Property Agent APPROVED ,�AS�jTO FORM: By: By: � /� . Carla Peccianti, Robert B. Maddow, Senior Real Property Agent DERWA General Counsel Date: IQ — 1�-O( (Date of Board Approval) APPROVED AS TO FORM: SILVANO B. MARCHESI, Count ounsel By: Lillian Fujij Deputy County Counsel Page 2 of 2 CP: Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\DERWA\Purchase Agreement.doc EXHIBIT"A" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as follows: WATERLINE EASEMENT PARCEL A COMMENCING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly corner of Lot 5 as shown on that map of Subdivision 8454, "Bishop Ranch I , filed October 16, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records; thence southeasterly along said southwesterly line South 28'49 37 East, 4.51 feet to the POINT OF BEGINNING; thence leaving said southwesterly line North 61'10 23 East, 65.79 feet to the southwesterly line of that DERWA-SAN RAMON VALLEY RECYCLED WATER PROGRAM SUB-SURFACE EASEMENT described in EXHIBIT "B" in that certain GRANT OF EASEMENT recorded September 26, 2003 under document number 2003-483604; thence along said southwesterly line South 28'48 28 East, 15.00 feet; thence leaving said line, South 61'10 23 West, 65.78 feet to said southwesterly line of said lands of the County of Contra Costa; thence along said southwesterly line, North 28'49 37 West, 15.00 feet to the POINT OF BEGINNING. Containing 987 square feet,more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as sho�nm on that snap of Subdivision 8454 ,`Bishop Ranch 1 ,.filed October 16,2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records,taken as North 28'49 37 West. y5\�Npl.LAND SG NAN S' L .7 �F o� /SEs 3.31 \Q oficauFc�a Dated: f 25 0(, Jonathan R. Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" PAProjectsW5\0300105017 DERWA Pump Station R200A&Pipelma Easement InformationTARCEL A JRO.doc Last printed 8/22/2006 11:41:00 AM 1I I I I I I I I I I I I � I I 6 I , I I I �I Ui r I Czy Oz I (� , 1 ► � � � CID P.0. I i I I Ci P.0. N61'10'23"E 65.79' z00 C � I 41b PARCEL A itq � i 1 I � iz jS61'10'23"W 65.78' mCo 01 Co I I I I I li 0 "IRON HORSE TRAIL i I 100 WIDE I � 00 ONTRA COSTA COUNTY I ' I3358 OR 487 LEGEND — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING 1O 15' SAN. SEWER EASEMENT PER 10103 OR 792 ® EASEMENT AREA 2O 12' SAN. SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF O 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OF CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT B O5 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY LEGAL DESCRIPTION © 25' PG&E R/W PER 4700—OR 466/4700-470 WATERLINE EASEMENT PARCEL A Scale: 1"=20' Date: 06/14/061 wn%47-f —R , .._. TIFF T_y DWN. JRO AREA SHEET NO. 00N8ULTIN0 R N 0 1 N E I R 8 CHK. 987 SQ. FT. � � � EXHIBIT"C" All that certain real property situate in the City of San Ramon, County of Contra Costa, State of California, being a portion the lands of the County of Contra Costa described by deed recorded in Book 13358 of Official Records, at Page 487, Contra Costa County Records, being more particularly described as follows: ELECTRIC EASEMENT PARCEL'B BEGINNING at a point on the southwesterly line of said lands of the County of Contra Costa, being the most northerly corner of Lot 5 as shown on that leap of Subdivision 8454, "Bishop Ranch I , filed October 16, 2001 in Map Book 435, Pages 28 through 34, Contra Costa County Records; thence along said line,North 28'49 37 West, 5.49 feet; thence leaving said line, North 61'10 23 East, 100.00 feet to the northeasterly line of said lands; thence along said northeasterly line South 2849 37 East, 10.00 feet; thence leaving said line, South 6110 23 West, 100.00 feet to said southwesterly line; thence along said line North 28'49 37 West, 4.51 feet to the POINT OF BEGINNING. Containing 1,000 square feet, more or less. The basis of bearings for this legal description is the northeasterly line of Lot 5 as shown on that map of Subdivision 8454 , `Bishop Ranch 1 , filed October 16, 2001 in Map Book 435,Pages 28 through 34, Contra Costa County Records, taken as North 2849 37 West. Nkok A ARDS 9L `r t m AAA2gES 3n3,s �P q OF cA��FO Dated: Z 5 o Jonathan R. Olin LS 7590 Expires 3/31/08 End of Description "Iron Horse Trail" _ P:\Projects\05\0300105017 DERWA Pump Station R200A&Pipeline\Easement Infennation\PARCEL B JRO.doc Last printed 8/22/2006 11:41:00 AM I1 — I I I I I I I I � h Co z U, I ( N61'10'23"E 100.00' I (A I ONo -P �Co 1 cD o PARCEL B SCD 1 C p 2 pV U' S61'10'23"W 100.013' I ( m o r�ld I i i i I I I I I I oml � I a j C;1I "IRON HORSE TRAIL II I 100 WIDE o II ONTRA COSTA COUNTY ! I II I3358 OR 487 I I LEGEND — — — — — EXISTING EASEMENT LINE P.O.C.=POINT OF COMMENCEMENT EXISTING PARCEL LINE P.O.B.=POINT OF BEGINNING O 15' SAN, SEWER EASEMENT PER 10103 OR 792 E77777717 EASEMENT AREA 20 12' SAN. SEWER EASEMENT PER 1986-240966 CITY OF SAN RAMON, COUNTY OF �3 12' DERWA EASEMENT PER 2003-483604 CONTRA COSTA, STATE OF CALIFORNIA ® 10' SFPP EASEMENT PER 13358 OR 487 EXHIBIT D O 15' SAN. SEWER EASEMENT PER 7587 OR 5 PLAT TO ACCOMPANY LEGAL DESCRIPTION ® 25' PG&E R/W PER 4700—OR 466/4700-470 ELECTRICAL EASEMENT PARCEL B Scale: 1"=20' Date: 016/14/06 .,,� .. DWN. JRO AREA SHEET N0, WINZZ x_72 RE, a'y 1000 SQ. FT. 0ON B U L T I N 0 @N B IN 2H Ra CHK. 1 OF1