HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-040 eg
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 21, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkems, Gerber, Canciamilla, OeSaulnler
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 871 40
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Pacific Bell
Discovery Bay Park APN 004200-013
Project No. 7478-6X5009
Discovery Bay Area
The Board of Supervisors, of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by "Offer of Dedication"
accepted by the Board of Supervisors on February 12, 1985, and recorded on March 7,
1985; in Book 12215 at page 18, in Discovery Bay for park purposes. Pacific Bell has
requested an easement over a portion of said property, described in Exhibit "A" attached
hereto, for a communication facility. This Board FINDS that the conveyance of such
easement is in the public interest and will not substantially conflict or interfere with the
County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to Pacific Bell over the property described in Exhibit "A" attached hereto, pursuant to
Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to
execute a Grant of Easement on behalf of the County in consideration for the payment
received in full in the amount of$1,500.00.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: Pat Smyers (313-2226) "� `„° „14 � � „7►�
cc: Public Works Accounting ��"` "`&M s Sn 97
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Public Works Records I'M BAT"a'cw��'
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RESOLUTION NO. 97
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Exhibit "A"
That portion of that certain reel property described in the instrument entitled, "Offer of
Dedication", recorded July 26, 1972, in Book 6708 of Official Records of Contra Costa
County at Page 19, said dedication being accepted by the Board of Supervisors of Contra
Costa County on February 12, 1985, and recorded March 7, 1988, in Book 12215 of
Official Records of Contra Costa County at Page 18, is described as follows;
Beginning at a point on the northeast corner of Lot 1 in Subdivision 4378, as per map
recorded in Book 198 of Maps at page 9, in the Office of the Recorder of Contra Costa
County said point also being on the northwesterly line of Willow Lake Road (60.00 feet
wide) as shown on said map; thence forth 81°40'27" West 20.00 feet; thence North
8°19'33"East 20.00 feet* thence South 81"40'27"East 20.00 feet to said northwesterly line
of Willow Lake Road, thence southeasterly along said line to the Point of Beginning.
n
Recorded at the request of,
Pacific Bell
After recording return to:
Pacific Bell
2600 Camino Ramon, 3NB50B
San Ramon, CA 94583
Attention: Rosemary Bonadona
A.P.N. 004200-013
GRANT OF EASEMENT
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 PACIFIC BELL
hereinafter called GRANTEE, a nonexclusive easement to construct, maintain, operate, inspect, repair,
replace and remove such communication facilities as GRANTEE may from time-to-time require,
(including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes,
handholes, markers, pedestals, electrical conductors, structures with electronic communication
equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances
related thereto; in, over, under and upon that certain real property in the County of Contra Costa, State
of California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A"
The foregoing grant is made subject to the following terms 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 form of a written permit issued by COUNTY to GRANTEE.
3. This grant is subject and subordinate to the prior and continuing right and obligation of COUNTY, its
successors and assigns, to use all the property described herein. The GRANTEE shall not use or
permit use of said easement for any purpose other than those described in this easement.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its
facilities without first obtaining the prior written approval of its plans by COUNTY.
5. Any and all COUNTY facilities, landscaping or miscellaneous improvements, removed or damaged
as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better
than, their existing condition at the sole cost 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.
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6. GRANTEE agrees that COUNTY assumes no responsibility for the construction, maintenance,
protection or repair of GRANTEE's facilities resulting from COUNTY's operations and use of said
land.
7. The easement granted hereunder is non-exclusive. Nothing contained herein shall be construed to
prevent COUNTY from granting other easements, franchises or rights of way over said lands
provided, however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's
easement rights hereunder.
8. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all
Injury to the public and to individuals arising out of GRANTEE's use of the property. GRANTEE
shall indemnify, defend, save, protect and hold harmless, COUNTY, its officers, agents,
employees and contractors from and against any and all threatened or actual loss, damage
(including foreseeable and unforeseeable consequential damages), Liability, claims, suits,
demands,judgments, orders, costs, fines, penalties or expense of whatever character, including
but not limited to those relating to inverse condemnation, and including attorneys' fees,
(hereinafter collectively referred to as"liabilities") to persons or property, direct or consequential,
directly or indirectly contributed to or caused by the granting of this easement, GRANTEE's
operations, acts or omissions pursuant to this easement, or the GRANTEE's use of the easement,
save and except liabilities arising through the sole negligence or sole willful misconduct of the
COUNTY, its officers or employees.
b. GRANTEE 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. GRANTEE accepts the property conveyed pursuant to this easement in an "as is" physical
condition, with no warranty express or implied on the part of the COUNTY as to any matter,
including but not limited to the condition of the soil, water, subsurface strata or ambient air in, on,
under at or in the vicinity of the property. GRANTEE agrees that neither GRANTEE, its heirs,
successors or assign shall ever claim, have or assert any right or action against COUNTY for any
loss, damage or other matter arising out of or resulting from the presence of any hazardous
substance or any other condition of the property at the commencement of the easement or from
the release of any hazardous substance in, on or around any part of the property or in the soil,
water, subsurface strata or ambient air by any person or entity other than the COUNTY following
the commencement of this 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.
Nothing in this section is intended in any way to restrict the right of GRANTEE to seek
contribution or indemnity from any person or entity other than COUNTY whose activities are a
cause of any discharge, leakage, spillage or emission of hazardous materials on or to the
property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the
COUNTY harmless from and against any and all claims, demands, liabilities, expenses (including
without limitation attorneys fees and consultants fees), penalties, damages, consequential
damages and losses, and costs (including but not limited to the costs of any required or
necessary testing, remediation, repair, removal, cleanup or detoxification of the property and
surrounding properties and from and against the preparation of any cleanup, remediation, closure
or other required plans whether such action is required or necessary prior to or following the
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termination of the easement), of any kind or nature, arising out of or connected with Grantee's
operation or performance under this easement, including all costs, claims, damages (including
property and personal injury) arising out of or connected with the uncovering, release or
excavation of hazardous materiels (including petroleum) as a result of Grantee's construction,
reconstruction, maintenance, use, replacement, or removal of its facilities.
e. The obligations contained in this section shall survive the expiration or other termination of this
easement.
9. a. GRANTEE understands and acknowledges that COUNTY makes no representations, warranties
or guarantees of any kind or character, express or implied, with respect to the property, and
GRANTEE is entering into this transaction without relying in any manner on any such
representation or warranty by COUNTY.
b. COUNTY makes no warranty, guarantee, representation or liability, express or implied, as to the
physical condition of the property, including, but not limited to 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 substances, materials, or other kinds of contamination or
pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the
property for the construction and use of the improvements thereon. It shall be the sole
responsibility of GRANTEE, at its sole cost and expense, to investigate and determine the
suitability of the soil, air, water, geologic, environmental and seismic conditions of the property
for the intended use contemplated herein, and to determine and comply with all building, planning
and zoning regulations relative to the property and the uses to which it can be put. GRANTEE
relies solely on GRANTEE's own judgment, experience and investigations as to the present and
future condition of the property or its suitability for GRANTEE's intended use.
10. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period
of one year or in the event GRANTEE abandons any of its facilities or fails to use the easement
for the purpose for which it is granted, then all rights of GRANTEE in and to said lands shall
hereupon cease and terminate and title thereto shall immediately revert to and vest in the
COUNTY or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE
shall, upon request by COUNTY, and at GRANTEE's sole cost and expense, remove all its
facilities from said lands and restore said property to its original condition. Upon failure of
GRANTEE so to do, said work may be performed by COUNTY at GRANTEE's expense, which
expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any
Quitclaim Deeds required by COUNTY in this regard.
11. No rights granted hereunder shall be transferred or assigned without the prior written consent of
COUNTY.
12. 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 said land, 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, indemnify,
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.
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13. Nothing herein contained shall be deemed to construe that access or other secondary rights are
conveyed by this document over any of COUNTYs adjacent lands lying outside of the aforesaid
strip of land above described.
14. This grant of easement contains the entire agreement between the parties hereto and shall not
be modified in any manner except by an instrument in writing executed by the parties or their
respective successors in interest.
15. 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.
16. 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 21st day of
January 19 97
CONTRA COSTA COUNTY
By VtiU
Chair, Board of Supervisors
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA )
On January 21, 1997 before me,Phil Batchelor,Clerk of the
Board of Supervisors and Co my Adinninlstrator, Contra Costa
County, personally appeared upercnsor DeSaulnier ,
who is personally known to 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
heishe/they executed the same In his/her/their authorized capacl-
ty(les), and that by h"erAheir signature(s) on the Instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the Instrument.
By:
Deputy C
Form Approved(12194)
Vi r J. W stman, County Counsel
14
Depu
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Exhibit "A"
That portion of that certain real property described in the instrument entitled, "Offer of
Dedication", recorded July 26, 1572, in Book 6708 of Official Records of Contra Costa
County at Page 19, said dedication being accepted by the Boars!of Supervisors of Contra
Costa County on February 12, 1985, and recorded March 7, 1985, in Book 12215 of
Official Records of Contra Costa County at Page 18, is described as follows:
Beginning at a point on the northeast comer of Lot 1 in Subdivision 4378, as per map
recorded in Book 198 of Maps at Page 9, in the Office of the Recorder of Contra Costa
County said point also being on the northwesterly line of Willow Lake Road (60.00 feet
wide) as shown on said map; thence North 810,027" West 20.00 feet; thence North
801933" East 20.00 feet; thence South 81°40'27" East 20.00 feet to said northwesterly line
of Willow Lake Road; thence southeasterly along said line to the Point of Beginning.
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