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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-149 THE BOARD OF SUPERVISORS .CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 1, 1997, by the following vote: AYES: Supervisors Rogers, Uilkena, Gerber, DeSaulnier NOES: None .ABSENT: Supervisor Q=iamilla ABSTAIN: None RESOLUTION NO.E7/149 Government Code§25526.5 conveyance of ffeseme"M 13 the City of MUMS East County Govt Center&State Rte 4 Bypass Project No. 7566- D8369 Antioch Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by Deeds recorded on August 7, 1991,in Book 16787 at page 618 and February 1, 1994,as series No 94-29515, in the Antioch area. The City of Antioch has requested an easement over a portion of said property, described in Exhibit"A"attached hereto, for a sanitary sewer line. 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. Thls Board hereby APPROVES and AUTHORIZES the conveyance of an easement to the City of Antioch 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 an easement on behalf of the County. The Real Property Division Is DIRECTED to cause sold easement to be delivered to the grantee. rr rtr to f�lb w 6 On wo�awrt M Orig. Dept.: Public Works (RIP) ,w 1"n VW . ®n ft ,,,�.; 10 Contact: Donna Dawkins(313-2224) ri°40 o 'w"mini I =z' '°"' cc: Public Works Accounting C k�+ Public Works Records r Grantee(via R/P) Recorder(via RIP) Community Development Dept 0:V z7Wtt3 (Form upMW M RESOLUTION NO.971149 Recorded at the request of: ` The City of Antioch After recording return to: Attertion: A.P.N.052-052-010&053-072-011 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 Callfomia,hereinafter called COUNTY,hereby grants to the City of Antioch, a municipal corporation, hereinafter called GRANTEE, a nonexclusive right to a perpetual easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a sanitary sewer pipeline and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situate in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT W The foregoing grant is made subject to the following terms and conditions: I. GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never to assail or resist said title. x 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 letter by COUNTY to GRANTEE. The terms of such permission shall not be Inconsistent with this easement. 3. a. The COUNTY Property subject to this easement(hereinafter the"Property'") Is planned to be used for future roads, highways and other public facilities. GRANTEE acknowledges that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by the Grant of Easement are secondary and subordinate to the COUNTY's primary use of the Property. GRANTEE shall not, at any time, use or permit the public to use the Propertyin any manner that will Interfere with or Impair the COUNTY's primary use of the Property. GRANTE shall not fence said easement without the express written permission of the COUNTY first had and obtained and shall remove any fencing when requested b COUNTY to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or permit use of the easement for any purpose other than those described in this easement. b. In the event that COUNTY"s work in the easement area will disrupt or otherwise Interfere with GRANTEE`s facilities, COUNTY shall provide GRANTEE with as much prior notice as is reasonable under the circumstances before undertaking such activities on the Property. Absent an emergency or other circumstances Indicating that a longer or shorter notice should be given, thirty days shall be deemed a reasonable notice. To the extent the circumstances allow,COUNTY and GRANTEE will use their best efforts to coordinate such work In the easement area so that said works of construction, reconstruction, upgrading, maintenance, repairs or modifications to or removal of Its facilities can be wished with a minimum of disruption to the services provided by the GRANTEE. COUNTY and GRANTEE shall cooperate with one another to provide for the expeditious completion of such work. 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 sold 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 workmay be perforrrred by COUNTY at the expense of GRANTEE, which expense GRANTEE agrees to Pay to C UM promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 6. COUNTY shall not be held responsible or liable for protecting In place, damage to, or removal of GRANTEE's facilities, appurtenances or improvements, caused by or resulting from COUNTY's use of Me Property or work or operation thereon. it shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, If GRANTEE's property 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 discrdon of and upon written notice from COUNTY, the damage shall be repaired by GRANTEE and the reasonable cost of such repair shall be paid for by COUNTY. Under no circumstance shall COUNTY have airy liability to GRANTEE 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 the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to or destruction of any portion of GRANTEE'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 reimburse GRANTEE for GRANTEE's reasonable costs and expenses In repairing or replacing the damaged or destroyed portion. 7. The easement granted hereunder Is non-exclusive. This easement Is subject and subordinate to all existing rights, rights of way, reservations, franchises and easements of record, or that would be evident from a physical inspection or aerate survey of the Property, in and to the Property. Nothing contained herein shall be constnjed to prevent COUNTY from granting other easements,franchises or rights of way over sa4 lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. S. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all in'ury to the public,to Individuals and to property arising out of GRANTEE's use of the Property. GRAN;EE 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),Nobility,claims,suits,demands,judgments, orders, costs, fines, penatties 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 GRANTEE's negligence or willful misconduct In its operations, acts or omissions pursuant to this easement or the GRANTEE's negllgence or willful misconduct in Its 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 assigns shall ever daim, 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 r • • ! I I CA414 I I I :le4�011raj 1111;J11901 I 1� as its-it • k S - Mr - ! Iraq _ •L-- "T ME =rc I# _• 1 f r • ! # 1 7f • • • Irl l �.• • • � F.: • • (! r ! • • t t! i t - • rr- 111:40!1�10 !- : 1 !rIIII - - r.= ! r, # • - s - - 1 0 at S ♦ • ♦ .# - l i - _! + r!� • tl f I - ♦ • I .. • ter •! ! t :: ! 1 • ! • 1 • r� s R• �• r - - - ! ! 1 ! ! • r - - • • s• • - • t . :: • • • i ! r� • t ! r f � #! a # i � r• a rt -1f' s - to 104 L �•_' - it t ,; 1 M a • • _ 1 - S� • M' 1 .:• ! = r !! # ! � t t! ; r !1 ; � ! rt• # � tr � •# d that would be evident by a physical inspection or an accurate survey, 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. 13. 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 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 day of , 19 GRANTOR: GRANTEE: CONTRA COSTA COUNTY CITY OF ANTIOCH $y By Chair, &ard of Supervisors STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA ) On April 1, 1997 before me,Phil Batchelor,Clerk of the Board of Supervisors County, personally appeared who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(*)blare subscribed to the within in idrument and acknowWged to me that helshalthey executed to same In hialhedtheir authortted capecityr(tes),and that by hiwher/- thetr signature(*)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the Instrument. By Deputy C Form Approved(1 ) Victor J.Westman,County Counsel g:kealpropltampirt Q9a17.t3 EXHIBIT "A" BEING A PORTION OF SECTION 28, T. 2 N., R. 2 E., M. D. B. & M. POW OF TERiu111hL4TK1N r,� v /C+ Do to CO ` � ��� �6 c GO '$`1 % 10' W� ., `k SANITARY EWER EASEMENT , � POINT OF BE<MWG MOST N'LY TERMINUS (� ,gyp OF EASEMENT PERS 96-115143 jr 4b LINE —T—DIRECTION —T DISTANCE L1 N 41'04'46' W 97.96' L2 N 52'40'12" W 524.71' L3 N 61`08'40 W 349.21' L4 N 29'3848' E 314.96' CONTAINING AN AREA OF 9,720 SQUARE FEET± BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III TAKEN AS D LAND S NORTH 13'3957" EAST FROM THE EXISTING WESTERLY ,•` ,,► F. 5L eA MONUMENTED LINE OF STATE ROUTE 4, AS SHOWN ON THE v v ' CALIFORNIA STATE RICHT--OF—WAY RECORD MAPS OF DISTRICT 5� 4, CONTRA COSTA COUNTY, PAGES R--73.25 & R-73.26. ALL i DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES MULTIPLY xplr.:. EXPRESSED DISTANCES BY 1.000067. %p 9-30-99 t� CAS,+V ' S inch 200 ft MCGILL MARTIN SELF, INC. 200 0 200 400 Civil Engineering Land Planning Surveying 4 Orinda M'ay, Suite 200A CITY OF ANTIOCH Ori da. CA 94563-2513 COUNTY OF CONTRA COSTA 40, Tet: 510.254.8850 ,"� Fa:: 510.254.3553 STATE OF CALIFORNIA SHEET 2 OF 2 FILE NO.668SSI 9-25-96 JOB NO.668RW SSB EXHIBIT "All Being a portion of Section 28, Township 2 North, Range 2 East, Mount Diablo Bass and Meridian, In the City of Antioch, County of Contra Costa, State of California, further described as being a portion of that certain parcel of land described In the deed to Contra Costa County, filed for record August 7, 1981, In Book 16787 of Official Records at Page 618, Records of said County, more particularly described as follows. An easement for sanitary sewer purposes, ten (10) feet In width, lying five (5) feet on each side of, measured at right angles to the following described centerline. Beginning at the most northerly termInus of the centerline of a ten (10) foot wide sanitary sewer easement described In the deed to the City of Antioch, filed for record June 19, 1996, as Series No. 96-115143, in the Recorder's Office of said County, said point lying on the southerly line of said Contra Costa County parcel (16787 OR 618), thence from said POINT OF BEGINNING leaving said southerly line North 41' 04' 46' West, 97.96 feet; dwoe North 52` 40' 12' West, 524.71 feet; ftnce North 61* 08' 40' West, 349.21 feet to the westerly Iine of said Contra Costa County parcel and the POINT OF TERMINATION, said point lying North 290 38' 48' East, 314.96 feet from an angle point In the easterly line of State Highway 4, as shown on California State Right-of-Way Record Maps of District 4, Contra Costa County, Page R-73.25, dated June 1969. The sidelines of the above described easement to be lengthened or shortened, to Intersect the westerly and southerly lines of said Contra Costa County parcel (16787 OR 618). Containing an area of 9,720 square feet, more or less. ASIS,OF BEARINGS: All bearings are based on the California Coordinate System Zone III, taken as North 13' 39` 57' East from the existing westerly monumented line of State Route d, as shown on the California State Right-cf- Way Record Maps of District 4, Contra Costa County, Page R-73.25 & R-73.26. All distances are grid. To obtain ground distances multiply expressed distances by 1.00067. Sanitary Sewer LAND � Contra Costa County parcel Job No. 668RWISSB �` September 25, 19% Shag 1 of 2 oroo�.r r � 57 t 5701 Expirw .:fi. :_;::>b:.•�.�.;,::c�'':�"•`.�}•:. :•••�. :• •• v�:s' �, (C rhe •:� ..K}`:'!,.•++,. .:{l{{•:\ii•}±ii:i}:v,,...+.:'y'4.•"5}•{t';ii}✓.•':r}••.Yi' .. p 4Y. � �';k+,' .}:{., .v:+.t'b}:•. ::`Y�.,};•}v.:r:.::: ..t}v'. '.t v.rir:}�•,.f{;{i:•r,... i'+� • '; ••s.:'{;: �::{SF:^:,}:}; ."' tk{,arkk ,ys by a s•.::,}.:. ;,�. y::.;,r''.t v£L :•fir{ ...�' .... .. :(y���; { +{:{;},'f{y: .. .:t{:•?:{•: .j r;}.;:?:Y:•:. i{':vt { h4 Ti {� ''Yi1. .}' i ••�.{}'t>},,:fNi}{. i+,:?{;i yyyy ::: EXHIBIT '"A" �. BEING A PORTION OF SECTION 34, T. 2 N., R. 2 E., M. D. B. & M. h�O POINT OF TEFUNATION �O. sw`4,P • , rr N34�� 09 w 747.46' E—W 1 4 SECTION LINE SECTION 34 OF DESCRISM W PIIS VADE EASEMENT 5o. COSH l� COCOA32,9 POINT OF BEONNING APPROXIMATE LOCATION 10.00' P.G.& E. EASEMENT 620 OR 255 , 16.50' STANDARD OIL EASEMENT ' OR- I 3 Is' a AN 'S 40 w o� qt 371 IPeso 9- 1-99 ° CAQT "' A N89`34'26"W .�, 44.66' O I inch 200 tL OJT h1 2W o 2W 4W °'0,�.� CONTAINING AN AREA OF 14,950 SOUARE FEET± POINT OF 00k#AENCEMENT BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE �1' hylk CALIFORNIA COORDINATE SYSTEM ZONE III ESTABLISHED , A FROM THE EXISTING MONUMENTED LINE OF LONE TREE WAY AS SHOWN ON CONTRA COSTA CO. PRECISE SECTION OF STREETS AND HIGHWAYS PLANS NO. 6971, FILED IN BOOK qC 5708 OF OFFICIAL RECORDS, AT PAGE 456, IN THE , RECORDER'S OFFICE OF CONTRA COSTA COUNTY, THE BEARING SHOWN AS SOUTH 73`10'52" EAST. FOR GROUND DISTANCES, ' MULTIPLY EXPRESSED DISTANCES BY 1.00007. McGILL MARTIN SELF, INC. Civil Engineering Land Manning Surveying 4 orinda May, Suite 200A CITY OF ANTIOCH Orin", CA 94563-2513 COUNTY OF CONTRA COSTA Aldo tet: 510.254.8850 «rb �"as: 510.254.5553 STATE OF CALIFORNIA SHEET 2 OF 2 FILE No.668SS1 9-25-96 Jos NO.668RWsse EXHIBIT "All Being a portion of Section 34, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, In the City of Antioch, County of Contra Costa, State of California, further described as being a portion of that certain parcel of land described In the deed to Contra Costa County, filed for record February 1, 1994, as Series No. 94-29515, in the Recorder's Office of said County, more particularly described as follows: An easement for sanitary sewer purposes, twenty (20) feet in width, lying ten (10) feet on each side of, measured at right angles to the following described centerline: Commencing at the Intersection of the southwesterly line of the Southern Pacific Railroad Company, as described In the deed to San Pablo and Tulare Railroad, filed for record January 30, 1872, In Book 22 of Deeds at Page 510, In the Recorder's Office of said County, with the southerly line of that certain parcel of land described In the deed to Ronald E. Nunn, filed for record June 30, 1982, In Book 10834 of Official Records at Page 480, Records of said County; thence said southerly line (10834 OR 480) North 89' 34' 26' West, 44.88 feet to a point lying 36.50 feet southwesterly of, measured at right angles to said southwesterly line (22 D 510); thence on a course parallel to said southwesterly line North 34' 45' 09" West, 1213.57 feet to the southerly line of said pContra Costa County parcel and the POINT OF BEGINNING for this description; thence on a course parallel with said southwesterly line (22 D 510) North 34' 45' 09' West, 747.46 feet, more or less, to a point on the northerly line of said Contra Costa County parcel (94-29515) and the POINT OF TERMINATION. The side lines of the above described centerline to be lengthened or shortened to intersect the northerly and southerly lines of said Contra Costa County parcel (94-29315). Containing an area of 14,950 square feet, more or less. Basis of Bearings: All bearings are based on the Callfomia Coordinate System Zone 111, established from the existing monumented line of Lone Tree Way as shown on Contra Costa County Precise Section of the Streets and Highways Plans No. 6971 filed for record in Book 5708 of Official Records, at Page 456, In the Recorder's Office of said County, bearing shown as South 73' 10' 52' East. For ground distances, multiply expressed distances by 1.00007. END OF DESCRIPTION Sanitary Sewer - Phase I Contra Costa County Parcel Job No. 668-RWISSB File No. ff68SSl .;•, September 25, 1996 - Sheet 1 of 2 5701 Expire& gw } k ; ` {hh• HE,. .�:.\:i.•:.. v:{{Cq v:+.kvvx:•.• ::? .: ..:,.•v. ..: yr.:}:.:}:•:•:: ... .•..' 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