The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01011993 - 1993-097 f THE BOARD Of SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA' Adopted this Resolution on March 9, 1993, by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Torlakson NOES: None ASSENT.' Supervisor Powers RESOLUTION NO 93/99 (Gov. Code § 25526.5) SUBJECT: Conveyance of Easement to William and Jean' Foskett Project No. 0662-6U4586 Alamo Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded October 28, 1965, in Book 4982 at page 27 in Alamo, for road purposes. William and Jean Foskett have requested an, easement over a portion of said property, described in Exhibit "A" attached hereto,to provide road access for the benefit of Subdivision 7725. Said interest in real property is DETERMINED to be surplus and no longer necessary for County or other public purposes and its estimated value does not exceed 10,000.00.. This Beard hereby APPROVES and AUTHORIZES the conveyance of an easement to William Walter Foskett, III and ,Jean Elizabeth Foskett, pursuant to Government Code 'Section 25526.5''and the Beard Chair is hereby AUTHORIZE[ to execute a Grant of;Easement on behalf of the County in consideration for the patent received in full in the amount of $1,200, the estimated fair market value of the easement. The Real Property'Division is DIRECTED to cause said easement to be delivered to the grantee. I hdreby Or*that#As is•tale SO Como o0py of an action taktan Aridi~►tr OV6 ern the intttatt Of I" Hoard of Supervt on the dtle,shown. ATTESTED, 'a c c+Ii _� /9 .f 3 H11 8A3`m, .irk of the£3cerd of Supervisors anr!t.aunty AdmWntrator ay Orlg. Dept.: Public Works (R/P) Contact. Ronald Babst (313-2226 CC Public Works Accounting Public Warks Records Grantee (via RIP) Reorder ''(via RIP) FI :9Io c.br26HTF idA2 RESOLUTION NO. 93/_gZ.. CD EXHIBIT "All ACCESS AND UTILITY EASEMENT FOR PARCELS "A„ AND "B" -- RECORD OF SURVEY (39 LBM 41) Portion of the Rancho San Ramon being a portion of Vernal Drive, a 50 foot wide private roadway, and being the easterly portion of the parcel of land described in the deed to Contra Costa County recorded November 28, 1965, in Book 4982 of Official Records at page 27. Records of Contra Costa County, State>>of California, further descHbed a follows. BEGINNING at the northeast corner of the parcel of land described in the deed to Contra Costa County (Book 4982 OR page 27);thence leaving said Point sof Beginning along the easterly line of said County parcel and the westerly line of Parcel "A" as shown on the Record of Survey filed February 2, 1966, In Book 39 of Land Surveyor's Asps at page 41, South 11°35s30" East, 218!34 feet to the southeasterly corner of said County parcel; then leaving said westerly line of Parcel "A" along the southerly line of said County parcel; South 7802430" west. 50.00 feet to the westerly line of Vernal Drive, a private road as shown on said Record of Survey; thence laving said southerly line parallel to the easterly boundary of said County parcel north 1103630" west;210.84 feet to a paint on the north late of said County parcel; thence along said north line north 69053'04" east, 50.56 feet to said Point'of Beginning. The herein described 50 foot wide easement being bounded on the north by L ivorna Road and on the east by,said 'Parcel W% Record of Survey '(39 LSM 41). Said easement is for the benefit of Parcels "A"'and "B"as shown on said Record of Survey (39 LSM 41). Re:g,o c:accesm r2 February 23, 1093 Recorded at the request of. Contra Costa county After recording return to: William Walter Foskett too Vernet Ddve Alamo,CA;54507 SUM. - Access Esmi lVeF551rive GRANT OF -E-ASEMIENT For good and valuable consideration, including but not limited to the agreements contained herein, :the receipt and sufficiency of which are hereby acknowledged,; CONTRA COSTA COUNTY, a political subdivision of the State of California,,hereinafter called COUNTY hereby grants to WILLIAMWALTER FOSKETT,III and JEAN ELIZABETH FOSKETT, hereinafter called GRANTEE, a nonexclusive right for use as a roadway for vehicles of al kinds, pedestrians, animals,' and as a right of way for water, gas, oil and sewer pipelines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines'for the benefit of Subdivision 7725 and for no other purposes whatsoever, over and under the described parcel of land situate in the unincorporated area of the County of Contra Costa, Mate of California, and described in Exhibit "A" attached hereto and made a part hereof'. The foregoing grant is made subject to the following term and conditions: 1: GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never to assail or resist said title. 2 GRANTEE shall, prior to any construction or installation within the subject easement area,submit specific plans and specifications to COUNTY for review and approval. Such approval, together with any additional requirements to be in the farm of a written permit issued by COUNTY to GRANTEE'. 3. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior approval of its plans by COUNTY. 4. Any and all COUNTY facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use of said lands shall b repaired or replaced equivalent to or better than, their existing condition;at the sole cast and expense of GRANTEE. In the event GRANTEE fails so to do, said work may be performed by COUNTY at the expense of GRANTEE,which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including engineering costs and any legal fees incurred' to collect said costs. 5. GRANTEE agrees that COUNTY assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from COUNTY's operations and use of said land. 5. Nothing herein contained shall be construed to prevent COUNTY from granting ether easements over !said, lands or using said lands for any and all purpose, provided, however, that COUNTY shall not unreasonably prevent or obstruct GRANTEE's easement rights hereunder, 7. GRANTEE shall defend, indemnify, save, protect and hold.harmlessthe COUNTY, its agents and employees, of and from any and all claims, demands, costs, darrmages, losses, arising directly or indirectly from or connected with actions, and liability for any damages, injury or death, including inverse condemnation, of the exercise by GRANTEE of the rights herein granted to it, including' reasonable attorney's fees. S. In the event the area described in Exhibit "A" attached hereto becomes part of a public roadway, these rights under this'easement shall be automaticaily extinguished. 9. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions, covenants, liens, claims of title, and restrictions of record and,any prior rights held by others within saidland, against which no warranty is made, and the word "grant" shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend,;indemnity,save, protect and hold harmless County, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 10. This Indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs,successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 9th day of March i 9,-qa-. GRANTOR: CONTRA COSTA COUNTY By_�_ Chair, Board of Supervisors STATE of CAUFORNIA )SS. COUNTY OF CONTRA COSTA ) ACKNOWLEDGMENT BY PUBLIC ENTITY (C.C. § 1101, 1181, 1184) T= Ibrlaka= who is personalty known to me(or proved to me on the basis of satisfactory evidence) to be the person who executed this Instrument as the above-styled officer(s)of the above-named public corporation,agency or political subdivision of the State of California; personally appeared BeforeI me today and acknowledged that said publicentity executed it.r Dated:_ Marc-h-9, 1993 Phil Batchelor,Clerk of the Board of Supervisors and'.County Admin! rator sy Deputy c147725V February 4, 190 rr i EXHIBIT '"A"' ACCESS AND UTILITYEASEMENT FOR PARCELS "A"'AICD "B" -- RECORD OF SURVEY (39 LSM 41) Portion of the Rancho San'Ramon being a portion of Vernal Drive, a 50 foot wide private roadway, and being the easterly portion of the parcel of land described in the deed to Contra Costa County recorded November 28, 1965, in Book 4982 of Official Records at page 27. Records of Contra Costa County, State of California, further described as follows: BEGINNING at the northeast corner of the pard of land described in the deed to Contra Costa County (Book 4982 OR page 27);thence leaving said Point of Beginning along;the easterly line of said County parcel and the westerly line of Parcel "A'" as shown on the Record of Surrey filed February 2, 1966, in Book 39 of Land' Surveyor's Maps at page 41, South'11 035'80" East, 218.84'feet to the southeasterly corner of said County parcel; then leaving said westerly line of parcel "A"along the southerly tine of said County parcel; South 78024'313" west. 50-00 feet to the westerly line of Vernal Drive, a private road as shown on said Record of Survey; thence laving said southerly line parallel to the easterly boundary of said County parcel north 11°35'30"'west, 210.84 feet to a point on the north line of said County parcel; thence along said north line'north 69053"00" east, 50.56 feet to said Point of Beginning.' The, herein described 60 foot wide easement being bounded on the north by Livorna Road and on the east by said Parcel'W', Record of Survey (39 LSM 41). Said easement is for the benefit of Parcels "A" and "B"as shown on said Record of Survey (39 LSM 41). C:ACC` atn.T2 Fo bru Cyt 21.1SW