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.
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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
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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
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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&
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