HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-532 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILKD%A DESAULNIER AND CANCIMILLA
NOES: NONE
ABSENT: GERBER
ABSTAIN: NONE RESOLUTION NO. 99/ 532
Government Code C3 25526.6
onveyance '57 an Easemenflo
the Central Contra Costa Sanitary District
Former Southern Pacific Right of Way,
Parcel Thirty-Four
Alamo Area
Project No. 4585-6G5575
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on December
9, 1995, in Book 12652 at page 579, in the Alamo area for public transit and utility uses.
The Central Contra Costa Sanitary District has requested an easement over a portion of
said property, described in Exhibit"A" attached hereto, for construction and maintenance
of an underground sewer lateral to connect to the District's main sewer facility located in
the former Southern Pacific Right of Way. 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 the Central Contra Costa Sanitary District 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 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.
I hereby certify that this Is a true and correct
ect
PS:eh copy of an action taken and entered on the
G:\RealProp11999-Files\99-10\BR27CCCSenitaryDistcict.doc
Orifi.Dept.: Public Works(RIP) minutes of the Board of Supervisors on the
Contact: Pat Sm ers(313-2222) date shown.
cc: Public Works Accounting (7CTOBER I9 1999
Public Works Records ATTESTED: r
Grantee(via R/P) PHIL BATCHELOR,Clerk of the Board of
Recorder(via R/P) Supervisors and County Administrator
Community Development Dept
By 1 , Deputy
RESOLUTION NO. 99/ 532
EXHIBIT 'A'
Sanitary Sewer Easement
All that certain real property situate in the County of Contra Costa, State of
California, described as follows:
Being a portion of the Contra Costa County Parcel 34 (12652 OR 570),
(formerly Southern Pacific Railroad Right-of-Way) as shown on the Map of
Subdivision 5196, filed April 9, 1954, in Book 236 of Maps, Page 32, Contra
Costa County Records, further described as follows:
Commencing at the most easterly corner of Lot 3 as shown on said Map, said
corner also lies on the southwesterly right-of-way line of the said Contra
Costa County Parcel 34 (12652 OR 570); thence along the eastern line of
said Lot 3. North 34019'30" West, 9.114 meters to the True Point of
Beginning: thence leaving said True Point of Beginning and said easterly line
North 37040'30" East, 10.973 meters: thence along a line parallel to said
easterly lot line, North 34a 19'30" West, 4.807 meters: thence South
37040'30" West, 10.973 meters to said easterly lot line and said
southwesterly Contra Costa County Parcel 34 (12652 OR 570): thence along
said easterly lot line and Contra Costa County Parcel 34 (12652 OR 570)
South 34019'30" East, 4.807 meters to said True Point of Beginning.
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C.C•CO. PARCEL 34 (12552 OR 570
(FORMERLY SOUTHER PACIFIC RAIL ROAD RIGHT OF WAY)
$ 3419'
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4.57 m (15.00 f1) WIDE 41ENT9D
SANITARY SEWER EAS .144 m
%4.807'k
34 19' 30" E 36.575 m
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SUBDIVISION 5198
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LOT 3
(353 ILII 32)
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EXHIBIT "B" DeBolt Civil Engineering ��/t?
PLAT TO ACCOMPANY DPest Sen Plasm Valley bulevrd t = 300
LEGAL DESCRIPTION uenville; ceisornse 91526 ' "'
SANITARY SEWER EASEMENT � ���� '�1i Me':
Recorded at the request of:
Central Contra Costa Sanitary District
After recording return to:
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Attention: Purchasing
Former Southern Pacific Right of Way
Parcel Thirty-Four
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 CENTRAL CONTRA COSTA SANITARY DISTRICT, 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 pipe or sewer pipelines 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 "A"
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.
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. The terms of such permit shall not be inconsistent with
this easement.
3. a. The COUNTY Property subject to this easement (hereinafter the "Property") consists of
a corridor, which COUNTY is in the process of developing for transportation, recreation,
utility and other purposes. Underground utility facilities and a recreational trail are
already in place and It is anticipated that, In the future, a mass transportation system 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. GRANTEE
shall not, at any time, use or permit the public to use the Property In any manner that
will Interfere with or impair the COUNTY'S primary use of the Property.
Page 1 of 7
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
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 accomplished 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.
c. In the event COUNTY determines that GRANTEE's use of the Property or the exercise
of any of its rights hereunder Interfere with the COUNTY's primary use of the Property,
GRANTEE shall, at the request of the COUNTY and at GRANTEE's sole cost and
expense, remove, modify or relocate its facilities within the easement area or to a
similar easement to be granted to GRANTEE by COUNTY, to the satisfaction of
COUNTY, within thirty (30) days after written notice to do so. In the event GRANTEE
falls to do so, 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. However, COUNTY
will not require GRANTEE to pay for the relocated easement area. If GRANTEE is
granted a new or modified easement by COUNTY, GRANTEE shall promptly quitclaim
to COUNTY its interest In the prior easement area.
4. GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the
prior written approval of its plans by COUNTY. This Section does not prohibit GRANTEE
from making emergency repairs.
6. 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 falls 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. 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
Page 2 of 7
markings for its own facilities. Subject to the foregoing, if GRANTEE's properly 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 discretion 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 any 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 accurate survey of the
Property, in and to the Property. COUNTY shall have the right to require GRANTEE to
modify, remove or relocate its facility within the easement area or to a similar easement to
be granted to GRANTEE by COUNTY at no cost, in a timely manner at GRANTEE's sole
cost as reasonably necessary to accommodate any such existing user's right to construct,
replace, enlarge, repair, maintain and operate its facilities, in the same manner as required
by Section 3 of this easement, including the rights and remedies contained therein.
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. It is understood and agreed that COUNTY has leases and/or licenses with others for all or
a portion of the Property. Such arrangements include an underground petroleum products
pipeline right-of-way, fiberoptics facilities and surface recreational trail, and may also
include other uses such as underground natural gas, sewer, water or electrical lines,
overhead electric and communication lines or similar uses. GRANTEE agrees to take all
precautions required to avoid damage to the facilities of others or the larger parcel, and
GRANTEE agrees that no alteration of ground elevation or the placement of any
improvements or structures shall be made within the easement area without prior written
approval of the COUNTY and such other users, Including, but not limited to the following:
SFPP, L.P.
11001 Town & Country Road
Orange, CA 92868
(714) 560-4960
East Bay Regional Park District
2628 Oak Road
Walnut Creek, CA 94594
(925) 945-0965
Page 3 of 7
GST Telecom, Inc.
(925)466-6400
GRANTEE understands that the absence of markers, monuments or maps indicating the
presence of subterranean facilities, whether belonging to the COUNTY or otherwise, does
not constitute a warranty or representation that none exists. GRANTEE accepts this
easement with full cognizance of the potential presence of such, and agrees that forty-
eight (48) hours prior to any subsurface work, GRANTEE will contact Underground
Service Alert at (800)624-2444.
9. a In the exercise of all rights under this easement, GRANTEE shall be responsible for
any and all injury to the public, 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 GRANTEE's negligence
or willful misconduct in its operations, acts or omissions pursuant to this easement, or
the GRANTEE's negligence 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, protea 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 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
Page 4 of 7
d
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, 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. 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 GRANTEE, 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.
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
Page 5 of 7
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 GR,ANTEE's expense, which expense GRANTEE 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. 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 of record, or 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.
14. The easement granted herein Includes Incidental rights of maintenance, repair and
replacement of said sewerline and appurtenances together with the free right of ingress
and egress over and across the remaining portion of the COUNTY's property, insofar as
such light of Ingress and egress Is necessary to the proper use of the rights granted
herein.
15. 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.
16. 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 ft. 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.
Page 6 of 7
17. 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.
1Nc3ctSS WHEREOF, this Grant of Easement Is signed and executed this 19th day of
1999
CONTRA COSTA COUNTY CENTRAL CONTRA COSTA
SANITARY DISTRICT
j2�By: By:
Chair, 8 a o upervisors President of the oard of irectors
Central Contra Costa
Sanitary District
County of Contra Costa
State of California
COUNTERSIGNED:
By: d.,CL
e ary of the den rat ntra
to Sanitary District
County of Contra Costa
State of dallfomla
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On October 19, 1999 before me, Phil Batchelor, Clerk of
the Board of Supervisors and County Administrator Contra
Costa County, personally appeared Joseph Canciern.•i31e
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/herltheir
signature(s) on the Instrument the person(s), or the entity upon
behalf of which the person(s)acted, executed the Instrument.
By:
Depu4ktlerk 40,
Form Approved (12196) Approved as to Form:
Victor A.Xestrnan, County Counsel
ByBy:
'Deputy U District Counsel
Mh
Page 7 of 7
EXHIBIT 'A'
Sanitary Sewer Easement
All that certain real property situate in the County of Contra Costa, State of
California, described as follows:
Being a portion of the Contra Costa County Parcel 34 (12652 OR 570),
(formerly Southern Pacific Railroad Right-of-Way) as shown on the Map of
Subdivision 5198, filed April 9, 1980, in Boob 236 of Maps, Page 32, Contra
Costa County Records. further described as follows:
Commencing at the most easterly corner of Lot 3 as shown on said Map. said
comer also lies on the southwesterly right-of-way line of the said Contra
Costa County Parcel 34 (12652 OR 570); thence along the eastern line of
said Lot 3, North 34°19'30" West, 9.114 meters to the True Point of
Beginning; thence leaving said True Point of Beginning and said easterly line
North 37040'30" East, 10.973 meters; thence along a line parallel to said
easterly lot line, North 34°19'30° West, 4.807 meters; thence South
3740'30" West. 10.973 meters to said easterly lot line and said
southwesterly Contra Costa County Parcel 34 (12652 OR 570); thence along
said easterly lot line and Contra Costa County Parcel 34 (12652 OR 570)
South 34019'30" East, 4.807 meters to said True Point of Beginning.
�QRQ ISS/
No. 22485 �D
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C.C.CO. PARCEL 34 (12652 OR 57AGHT
(FORMERLY SOUTHER PACIFIC RAS. ROAD OF WAY)
93419' 30' E
4.807 m ►
4.57 m (15.00 ft) WIDE � w` 9.144 m
SANITARY SEWER EASEMENT '
W . 7` fl'►
34 15' 3O' E 7 Mri
T.P.O.B. P.O.C.
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SUBDIVISION 5198
LOT 3
(353 M 32)
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9 35 26' 3 .624
EXHIBIT «B" DeBolt Civil Engineering
PLAT TO ACCOMPANY �" 811 an�rw or st
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LEGAL DESCRIPTION V aair, Caufa is Ow """
SANITARY SEWER EASEMENT ! m7-neo 110 i0
RESOLUTION NO. 99- 079
A RESOLUTION ACCEPTING A GRANT OF EASEMENT AT NO COST TO THE DISTRICT
FROM CONTRA COSTA COUNTY - ALAMO AREA
JOB NO. 5371, PARCEL NO. 3
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District as follows:
THAT, there is hereby authorized to be accepted a Grant of Easement at no cost
to the District from Contra Costa County, Alamo area, Job No. 5371, Parcel No. 3, and
that the President and Secretary of the District are authorized to accept said Grant of
Easement on behalf of the District; and that said Grant of Easement is hereby accepted;
and
THAT staff is authorized to record said Grant of Easement.
PASSED AND ADOPTED this 2nd day of Septerber,1999, by the following vote:
AYES: Members: Boneysteele, Hockett, Nejedly, Lucey
NOES: Members: None
ABSENT: Members: Menesini
President of the District Board f the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
zqa-uat 6 ,
Secrrygof the Central C trajtosta
San y District, County of Contra
Costa, State of California
Approved as to For
eon L. A I m
District Counsel
I, Joyce E. Murphy, Secretary of the Central Contra Costa Sanitary District, of the
County of Contra Costa, State of California, do hereby certify that the foregoing is
a full , true, and correct copy of Resolution No. 99-079, passed and adopted by said
District Board on September 2, 1999.
Dated: September 7, 1999e e a o the blitritt