HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-031 j
THE BOARD OF SUPERVISORS `
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 26, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UIIXEM, GERBER, DeSAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 99�31
(Gov. Code § 25526.6)
SUBJECT: Conveyance of Easement to Pacific Gas & Electric Company
Former Southem Pacific Right of Way, Parcel Sixty Six
Project No. W.O. 5575
San Ramon Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on December
31, 1986, in Book 13358 at page 487, in the San Ramon area for public transit and utility
purposes. Pacific Gas & Electric Company has requested an easement over a portion of
said property, described in Exhibit "A" attached hereto, for the construction and
maintenance of an underground electric 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 Gas & Electric Company, over the property described in Exhibit "A" attached
hereto, pursuant to Govemment 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$3,000.
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: Patricia Smyers (313-2222) f hereby certify that this is a true and correct
cc: Public Works Accounting copy of an action taken and entered on the
Public Works Records minutes of the Board of Supervisors on the
Grantee(via R/P) date shown.
Recorder(via R/P) ATTESTED: JL,���'-/LU
PHIL BAT HELOR,derk of the Board
of Supervisors and C my Administrator
G:\Grp l/�.c9. Deputy
G:�CrpDatalReelProp\1999-Flles199-11BR27-1-28.doc By �`=_A "
(Form updated 8/99)
RESOLUTION NO. 9913 i
r
V
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Recorded at the request of
Pacific Gas&Electric Company
After recording return to:
Pacific Gas&Electric Company
1030 Detroit Avenue
Concord, CA 94513-2487
Attention: Gil Yamzon
Former Southern Pacific Right of Way
Parcel 66
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 Gas R Electric Company, a California corporation, hereinafter
called GRANTEE, a nonexclusive right to a 10 foot wide subsurface perpetual easement
and right of way for installing, constructing, reconstructing, removing, replacing, repairing,
upgrading, maintaining, operating and using an underground electric circuit and
appurtenances thereto, and for no other purposes whatsoever, along and in all of the
hereinafter described parcel of land situated 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. The COUNTY Property subject to this easement (hereinafter the"Property") is
a corridor which County is in the process of developing for transportation, utility,
and other purposes. Underground facilities are already in place and it is
anticipated that, in the future, a mass transportation system and additional utility
facilities will be constructed or installed on the Property. 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.
The GRANTEE shall not obstruct the easement area. The GRANTEE shall not
use or permit use of said easement for any purpose other than those granted by
this agreement.
2. GRANTEE hereby acknowledges COUNTY's title in and to the Property and
agrees never to assail or resist said title.
3. GRANTEE shall, prior to any construction, installation, reconstruction,
remodeling, repair, removal or other work within the Property, submit specific
plans and specifications to COUNTY for review and approval. Such approval,
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together with any additional requirements to be in the form of a written permit
issued by COUNTY to GRANTEE. The terms of such permit shall not be
inconsistent with this easement.
4. COUNTY reserves the right to require GRANTEE to modify its facilities, to
relocate said facilities within the easement area or to remove its facilities from
the easement area to another site selected by COUNTY, at GRANTEE's sole
expense. If COUNTY directs GRANTEE to remove its facilities from the
easement area to a site outside the easement area, COUNTY shall provide the
GRANTEE with a similar easement for the new site. GRANTEE shall be
responsible for all costs of relocating its facilities but shall not be required to pay
for the relocated easement area. In the event that GRANTEE fails to commence
the required work within thirty days after being directed to do so by COUNTY,
or such reasonable extension as COUNTY may agree to, or fails to complete the
required work within a reasonable time thereafter, COUNTY may perform or
complete the work at the expense of GRANTEE, which expense GRANTEE
agrees to pay to COUNTY promptly upon demand, including but not limited to
engineering costs and any legal expenses incurred to collect such costs. If
GRANTEE's facilities are removed from the current easement area to a new
easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in
the prior easement area.
5. a. Any and all COUNTY facilities, landscaping or other improvements, removed
or damaged as a result of the use of the easement area by GRANTEE, or any
other person or entity acting under GRANTEE's direction or control, shall, at
COUNTY's discretion and direction, be repaired or replaced by COUNTY, with
all reasonable costs and expenses to be paid by GRANTEE (including but not
limited to engineering costs and legal costs of collecting any unpaid expenses)
or shall be repaired or replaced by GRANTEE, at the sole cost and expense of
GRANTEE, equivalent to or better than their existing condition. In the event that
GRANTEE fails to commence the required work within thirty days after being
directed to do so by COUNTY, or such reasonable extension as COUNTY may
agree to, or fails to complete the required work within a reasonable time
thereafter, COUNTY may perform or complete the work at the expense of
GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon
demand, including but not limited to engineering costs and any legal expenses
incurred to collect such costs.
b. It is understood and agreed that COUNTY has leases, licenses, easements
and/or rights with others (hereinafter the `Co-users')for all or a portion of the
Property. Such arrangements provide an underground petroleum products
pipeline right-of-way, telecommunication conduit system and may also include
other uses such as underground natural gas, sewer, water, electrical lines,
overhead electric and communications lines or similar uses. GRANTEE agrees
to take all precautions required to avoid damage to the facilities of the Co-users.
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If GRANTEE damages the facilities or improvements of any Ccs-user,
GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and
expense.
6. Prior to any construction, installation, remodeling, repair, removal or other work
within the Property, GRANTEE shall notify Co-users three (3) working days in
advance of such activity.
7. GRANTEE agrees that 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
the 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.
8. The easement granted hereunder is non-exclusive. Nothing herein contained
shall be construed to prevent COUNTY from granting other easements over the
Property or using the Property for any and all purposes and the COUNTY
expressly reserves the right to grant to others the right to use the easement in
any manner and for any purpose. All rights granted to GRANTEE hereunder are
subject to all existing and future rights, rights of way, reservations, franchises,
licenses and easements in the Property, regardless of who holds the same,
including the COUNTY's right to use the Property for any purpose. 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 other user's right to construct, replace, enlarge, repair,
maintain and operate its facilities, in the same manner as required by section
4 of this easement, including the rights and remedies contained therein.
9. a. In the exercise of all rights under this easement, GRANTEE shall be
responsible for any and all injury to County, to the public, to Co-users, to
individuals and to property 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 attomeys'fees,
(hereinafter collectively referred to as "liabilities") to persons or property, direct
or consequential, directly or indirectly contributed to or caused by 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.
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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 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
substance, 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, 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.
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
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necessary prior to or following the termination of the easement), of any kind or
nature, to the extent directly caused by GRANTEE's operation or performance
under this easement, including all costs, claims, damages (including property
and personal injury) directly caused by 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, to the extent that such activities have increased the costs attributable
to the cleanup or remediation of such hazardous materials.
e. The obligations contained in this section shall survive the expiration or other
termination of this easement.
10. 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.
11. 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 agrees to pay to COUNTY
upon demand. GRANTEE shall execute any Quitclaim Deeds required by
COUNTY in this regard.
12. No rights granted hereunder shall be transferred or assigned without the prior
written consent of COUNTY.
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
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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 Juv►e , 19eb.
CONTRA COSTA COUNTY PACIFIC GAS & ELECTRIC
By a • +
it of Supervisors 1007 0 1A� Richard A. Gigliott
.-r Supervisor
OF CALIFORNIA
North Coast Land Rights Office
TE )
COUNTY OF CONTRA COSTA)
On January 26, 1999 More me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, PG & E CO - APPROVED
personally appeared Car-is-ld-Ua
who is personally known to me (or proved to me DESC. LAND
on the basis of satisfactory evidence) to be the
person(s)whose name(s) is/are subscribed to the LAW OPE Az
within instrument and acknowledged to me that
he/she/they executed the some in his/her/their L r
authorized capecity(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) act-
ed, executed the Instrument.
By. AAz,4i� ,
Deputy Clerk
Form Approved(12M)
Victor J. Westman,County Counsel
Deputy
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624202 Notary(0marat)iter.6194
STATE OF CALIFORNIA � CArA=OAR=BY JIGNER
COUNTY OF (.pt1r i.A COSPEA' SS t I kwmduwe) Far
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nam*)Wore subscribed to the within tnsrtromtmt and acknowledged to no that helfba thay executed the aroma in
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the edtity upon behalf of which the peraaaW acted,executed the instrument.
+ h l l I"thim"ta)alto Ab"Nenrd Teas1{s)
rwirNm my head and Official anal. .. GIL P. YAMZON
COMM. 1092001 t l tie►
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CONTRA COSTA COUNTY �+
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EXHIBIT "A"
A strip of land of the uniform width of 10 feet, the center line of which is delineated
by the heavy dashed line shown upon the print of Exhibit `B," drawing No. 43E6-
7738 attached hereto and made a part hereof, being a portion of the parcel of land
described and designated PARCEL SIXTY-SIX in the deed from Southern Pacific
Transportation Company to Contra Costa County dated december 10, 1986, and
recorded in Book 13358 of Official Records at page 489, Contra Costa County
Records.
The legal description herein, or the map attached hereto, defining the location of
his utility distribution easement, was prepared by Pacific Gas and Electric Company
pursuant to Section 8730 (c) of the Business and Professions Code.
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