HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-468 THE BOARD OF SUPERVISORS G.
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 15, 1998, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
RESOLUTION NO. 981 468
(Gov. Code § 25526.5)
SUBJECT: Conveyance of Easement to Bradford Financial
A.P.N. 078-120-011
County Jail Farm
Work Order No. 3101
Clayton Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on December
2, 1929, in Volume 235 of Official Records, page 15, in Clayton, for jail farm purposes. The
adjacent owner has requested an easement over a portion of said property, described
Exhibit W attached hereto, for access purposes. 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 and its estimated value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the conveyance of said property
to Bradford Financial, pursuant to Government Code Section 25526.5 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 $2,500, the estimated fair
market value of the property.
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: L. Lucy Owens(313-2229)
cc: Public Works Accounting
Public Works Records
Grantee(via RIP)
Recorder(via R/P)
realprop198-81br26bf
(Form updated 2/97) 1 hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED: 4LZL�
PHIL BATCHE OR, Clerk of the doard
of Supervisors and County Administrator
By '//[A��w - � ��< �,- Deputy
RESOLUTION NO. 98L 468
4 , /
Recorded at the request of:
After recording return to:
Bradford Financial
P.O. Box 117010
Burlingame, CA 94011-7010
Attention:
A.P.N.078-120-011
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 California, hereinafter called COUNTY, hereby grants to BRADFORD
FINANCIAL, A California Limited Partnership, hereinafter called GRANTEE, a nonexclusive right to a 25
foot wide perpetual easement and right of way for an access road and for no other purposes whatsoever,
along and in all of the hereinafter described parcel of land situate in the unincorporated area of Contra
Costa County, 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.a. 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
fence said easement without the express written permission of the COUNTY first had and
obtained and shall remove any fencing when requested by the COUNTY to do so. The GRAN-
TEE 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.
b. The COUNTY expressly reserves the right to use the property subject to this easement in any
manner and for any purpose, as long as that use does not interfere with or diminish the easement
conveyed to GRANTEE. The GRANTEE agrees that in its use of this easement and the exercise
of any rights hereunder, GRANTEE shall in no way interfere with COUNTY's use of the property.
4. 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.
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. This easement is subject and subordinate
to all existing rights, rights of way, reservations,franchises and easements in and to the property.
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 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 materials (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 G-
RANTEE, 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. The easement and rights granted hereunder are appurtenant to and may not be transferred,
assigned or encumbered except as appurtenant to said property.
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.
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 -, the covenants herein contained all 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 15th day of
. r ptpmhpr , 19_g&_.
CONTRA COSTA COUNTY BRADFORD FINANCIAL
By By
Chair, Board Supervis
By
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On Sprite ber 15, INS before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared Jim Rogers , 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 he/she/they executed the
same in his/her/their 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 per-
son(s) acted, executed the instrument.
By: d
Deputy Clerk
Form Approved (12/94)
Victor J. Westman, County Counsel
By
G:\98-7tea 17jail.doc
(Form updated 1/9
t
CALIFORNIA ALL-PURPOSE ACNNOWLEMMENT
State of California
ss.
County of San Mateo
On Sept. 2, 1998 , before me, Linda A. McArthur, Notary Public
,
Date Name and TMO of otfiosr{a.g.,"Jane Doe,Notary Public"}
personally appeared Bradford Liebman ,
Nems{s}of Signer(s)
impersonally known to me
0 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
tu�A acknowledged to me that he/she/they executed
t'oy ,�') Ilnn#tt�t94 the same in his/her/their authorized
ivideo county. capacity(les), and that by his/her/their
ffi► mm Frac
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Nota Public
i
OPTIONAL
Though the Information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capecity{les}Claimed by Signer
Signer's Mame:
Ci individual Top of thumb here
Corporate Officer--Title(s):
11 Partner—[I Limited 71 General
a Attorney in Fact
• Trustee
13 Guardian or Conservator
El Other:
Signer Is Representing:
01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 01313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-878.6827
EXHIBITA
THE PROPERTY REFERRED TO IS SITUATED IN THE UNINCORPORATED AREA
OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
BEING A PORTION OF THE RECORD OF SURVEY RECORDED FEBRUARY 15,
1962 IN BOOK 19 OF LSM, AT PAGE 49 IN THE OFFICE OF THE COUNTY
RECORDER, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL A OF THE PARCEL
MAP ENTITLED "SUBDIVISION MS 64-90" RECORDED JUNE 29, 1993 IN BOOK 162
OF PARCEL MAPS, AT PAGE 27 IN THE OFFICE OF THE RECORDER COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA; THENCE FROM SAID POINT OF
COMMENCEMENT ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A
SOUTH 000 54' '18" EAST 637.65 FEET TO THE POINT OF BEGINNING, SAID POINT
BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 81.50 FEET FROM WHICH POINT A RADIAL
LINE BEARS NORTH 070 27' 10" WEST; THENCE FROM SAID POINT OF
BEGINNING LEAVING THE WESTERLY BOUNDARY OF SAID PARCEL
SOUTHWESTERLY 152.84 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 107" 27' 07"; THENCE SOUTH 240 54' 17" EAST 76.87 FEET
TO A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 151.50 FEET;
THENCE SOUTHEASTERLY 24.83 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09° 23' 28"; THENCE SOUTH 340 17'45" EAST
39.95 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL A;
THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00° 54' 18" WEST 45.43
FEET; THENCE LEAVING SAID WESTERLY BOUNDARY NORTH 34" 17' 45"WEST
2.02 FEET TO A CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 126.50
FEET; THENCE NORTHWESTERLY 20.73 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09° 23' 28"; THENCE NORTH 24" 54' 17"WEST
76.87 FEET TO A CURVE CONCAVE EASTERLY WITH A RADIUS OF 56.50 FEET;
THENCE NORTHEASTERLY 103.08 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 1040 31' 56a TO A POINT ON THE WESTERLY
BOUNDARY OF SAID PARCEL A; THENCE ALONG SAID WESTERLY BOUNDARY
NORTH 00° 54' 18" WEST 25.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,215 SQUARE FEET MORE OR LESS
SND SSR
NO.6333
0 CAL��