HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-287 f
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Caneiamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 97/287
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Pacific Bell
Diablo Water District Well Site M-25
Project No. 7498-6X9E84
Knightsen Area
The Board of Supervisors Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by Final Order of Condemnation
recorded on June 14, 1989, in Book 15131 at page 886, in the Knightsen area. Pacific
Bell has requested an easement over a portion of said property, described in Exhibit "A"
attached hereto, for communications facilities. 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 the Easement on behalf of the County in consideration for the payment received
in full in the amount of$2,000.00.
The Real Property Division is DIRECTED to cause said Easement to be delivered
to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: L. Lucy Owens (313-2229) ,,nM*wtht ontwWbw� , ,,
cc: Public Works Accounting §MW of&Updr. n�
Auditor-Controller o-�.�._1.3M�
Mitt BJITCH�LOR.Clark of"M bow
Grantee (via R/P) aw+v«�aor�amgty
LO Recorder (via R/P) QAL `
GARseIProp197-5\brV5A5
RESOLUTION NO. 97/ 287
Recorded at the request of: -
Pacific Bell
After recording return to:
2600 Camino Ramon, Room 3N850
San Ramon, CA 94583
Attention: Jack Curtin
Portion of A.P.N. 070-080-005 GEO: WF52 OKLY 11
LOC SEC. 32 T2NR3N M.D.B.M.
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,
its associated and allied companies, its and their respective successors, assigns, lessees and agents,
hereinafter called GRANTEE, a nonexclusive easement to construct and maintain, place, operate,
inspect, repair, replace and remove such underground communication facilities as GRANTEE may
from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables,
conduits, manholes, handholes and aboveground markers, pedestals, terminal equipment cabinets,
other associated electrical conductors and necessary fixtures, and appurtenances and for no other
purposes whatsoever, in, under and upon, the hereinafter described parcel of land situate in the
unincorporated area of Contra Costa, State of California, described as follows:
EXHIBIT "A"
That portion of that certain real propety described in the document entitled Final Order
of Condemnation from Atchison, Topeka and Santa Fe, Railway Company, et al.,
Defendants, to Contra Costa County, a political subdivision of the State of California,
Plaintiff, dated June 13, 1989 and recorded in the Office of the Recorder of the County
of Contra Costa, State of California, on June 14, 1989 in Book 18131 of Official Records
at Page 886, described as follows:
Beginning at a Point on the most westerly comer of said real property, said point also
being the most southerly corner of that parcel of land described in the grant deed to
Albert G. Bello, et ux, and recorded in said county and state on April 20, 1977 in Book
8254 of Official Records at Page 948, said point also being on the northeasterly line of
Knightsen Avenue; thence, North 420 17' 00" East 22.00 feet; thence, South 4710 43' 00"
East 14.00 feet; thence, South 420 17' 00" West 22.00 feet to a point on said line;
thence, North 470 43' 00" West 14.00 feet along said line to the Point of Beginning.
SEE EXHIBIT "B" PLAT MAP, ATTACHED HERETO AND (MADE A PART HEREOF
This legal description was prepared pursuant to Section 8730c of the Business and Professions Code.
GRANTOR also grants to GRANTEE the right to trim such trees and other foliage and to cut such
roots on said property as may be necessary for the protection of said facilities.
GRANTOR also grants to GRANTEE the right to receive commercial power service from the
appropriate utility company serving the area together with the right for such utility company to place
their respective service facilities upon and within said easement, subject to all terms and conditions
herein.
Page 1 of 4
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 agrees that said facilities shall be laid down and constructed in accordance with plans
and specifications subject to the approval of the COUNTY and the GRANTEE.
3. The GRANTEE shall not otherwise obstruct the easement area. 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, 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.
6. The easement granted hereunder is non-exclusive. This easement is subject and subordinate to
all existing rights, rights of way, reservations, franchises and easements in and to the property.
COUNTY shall have the right to require GRANTEE to modify, remove or relocate its facility in a
timely manner at GRANTEE's sole cost as reasonably necessary to accommodate any existing
user's right to construct, replace, enlarge, repair, maintain and operate its facilities. 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."
7. 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 t-
hereto.
c. GRANTEE shall indemnify, defend, save, protect and hold harmless, COUNTY and COUNTY"s
successors and assigns, officers, directors and employees from and against any and all actual
or threatened liabilities, claims, actions, causes of action, judgments, orders, damages
(including foreseeable and unforeseeable consequential damages), costs, expenses, fines,
penalties and losses and all consultant, expert and legal fees and expenses (including those
incurred in connection with any investigation of site conditions or any clean-up, remedial,
removal or restoration work) arising directly or indirectly out of or resulting from GRANTEE's
Wage 2 of 4
use, release or disposal of any hazardous substance on or from or affecting the property
subject to this easement.
d. GRANTEE shall also hold the COUNTY harmless from and against any and all actual or
threatened liabilities, claims, actions, causes of action, judgments, orders, damages (including
foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and
losses and all consultant, expert and legal fees and expenses (including those incurred in
connection with any investigation of site conditions or any clean-up, remedial, removal or
restoration work)arising directly or indirectly out of or resulting from any hazardous substance
being present or released in, on or around any part of the property, or in the soil, groundwater
or soil vapor on or under the property at any time, either before or after this easement is
executed and whether such matters are discovered before or after the execution of the
easement.
e. As used herein, "hazardous substance" means any substance, material or waste which is or
may become designated, classed or regulated as being "toxic"or"hazardous" or a "pollutant"'
under any federal, state or local law, regulation or ordinance.
f. The obligations contained in this section shall survive the expiration or other termination of this
easement.
8. 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, geo-
logic, environmental and seismic conditions of the property for the intended use contemplated h-
erein, 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.
9. 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.
10. No rights granted hereunder shall be transferred or assigned without the prior written consent
of COUNTY.
11. 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.
Page 3 of 4
12. Nothing herein contained shall be deemed to construe that access or other secondary rights
are conveyed by this document over any of CGUNTY's adjacent lands lying outside of the
aforesaid strip of land above described.
13. 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.
14. This grant of easement shall not be construed as if it had been prepared by one of the parties,
but rather as if Moth 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.
15. 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 3rd day of ,rune
, 1997.
STATE OF CALIFORNIA ) CONTRA COSTA COUNTY
COUNTY OF CONTRA COSTA }
SyWAk
elt-
On ,June 3, 1997 before me,Phil Batchelor, Chair, Board of Supervisors
Clerk of the Board of Supervisors and County Adminis--
tr ,tor, Cogtra C n rspnally appeared
Supervisor mar `�eSAu�'nier ,who Is per-
sonally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose n
ame(s) is/are subscribed to the within instrument and
acknowiedged to me that he/she/they executed the
same in his/herAheir authorized capacity(les),and that by
his/her/their signature(s)on the Instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
By:
Deputy
Form Approved(121$4)
Victor J.Westman,County Counsel
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Page 4 of 4
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