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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-357 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE BOARD OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on June 13, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20001_iz SUBJECT: Tabulating Assessment Ballots; Confirming Assessment on City of San Ramon Subdivision 8188 (Lyon-Henry Ranch) Conditionally Annexed to the Wiedemann Ranch Geologic Hazard Abatement District ("GHAD"); and Ordering Levy and Collection of Assessment. This Resolution is made with reference to the following facts: 1. On April 11, 2000 the Board of Supervisors of Contra Costa County, acting in its capacity as the Board of Directors of the GHAD, adopted Resolution No. 2000/167 conditionally ordering the annexation of City of San Ramon Subdivision 8188 (Lyon-Henry Ranch) to the GHAD. The annexation was conditioned upon the Board of Directors of the GHAD ("Board") holding a public hearing on a proposed assessment, tabulating the assessment ballots, and authorizing the assessment on the annexed property. That condition was anticipated to be removed, and the effective date of the annexation anticipated to be, June 13, 2000, the date set for the public hearing, tabulation of assessment ballots and authorization of the assessment on the annexed property. As provided in Public Resource Code Section 26581, on April 11, 2000, the Board of Supervisors of Contra Costa County adopted Resolution No. 2000/166 approving the annexation of Subdivision 8188 to the GHAD. 2. On April 11, 2000 the Board adopted Resolution 2000/169 approving the CHAD budget for the conditionally annexed property for Fiscal Year 2000-2001 and approving the CHAD repair, maintenance and improvement program for the conditionally annexed property. RESOLUTION NO. 2000/ 3 5 7 3. In order to defray the costs and expenses of maintaining and operating the GHAD improvements necessitated by annexing Subdivision 8138 to the GRAD, it is necessary to provide for a reliable source of CHAD funding. 4. Public Resources Code Section 26650 et seq. authorize, after a noticed hearing, the levy and collection of an assessment upon benefitted property within the CHAD to pay for maintenance and operation of CHAD improvements. Article XIII D of the California Constitution imposes additional requirements for the levy and collection of such an assessment. 5. On April 11, 2000, pursuant to both Public Resources Code Section 26650 et seq. and Article XIII D of the California Constitution, the Board adopted Resolution No. 2000/168 declaring an intent to order an assessment on the conditionally annexed property, ordering an assessment ballot proceeding, and setting a public hearing to consider all protests against the proposed assessment. 6. Resolution No. 2000/168 declares the Board's intention, consistent with the requirements of Article XIII D of the California Constitution, to order that the costs and expenses of maintaining and operating the CHAD improvements necessitated by annexing Subdivision 8188 to the CHAD, be assessed against the property conditionally annexed to the CHAD, 7. Resolution No. 2000/168 declares the Board's intention to assess the property conditionally annexed to the CHAD, for the fiscal year 2000/2001 and for subsequent years, for all or part of the amounts set forth in the Engineer's Report, attached to Resolution No. 2000/168 as Exhibit B, and prepared pursuant to the provisions of Public Resources Code Section 26651 and Article X111 D, Section 4 of the California Constitution. 8. Resolution No. 2000/168 states that the Board will conduct a public hearing (the "Hearing") on Tuesday, June 13, 2000 at 10:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 945553. 9. Resolution No. 2000/168 directs the Public Works Director to mail to owner(s) of each parcel upon which the assessment will be imposed a copy of such Resolution, along with the Notice of Assessment (attached as Exhibit C to the Resolution), the Notice of Adoption of Resolution (attached as Exhibit D to the Resolution), the Assessment Ballot (attached as Exhibit E to the Resolution), and the Engineer's Report (attached as Exhibit B to the Resolution). 10. Resolution No. 2000/168 directs the Clerk of the CHAD to deliver all the Assessment Ballots received from record owners to the Board prior to the start of the Hearing. The Resolution states that the Board will then consider all protests RESOLUTION NO. 2000/ 3 5 7 against the proposed assessment and tabulate the Assessment Ballots. The Resolution states that in tabulating the Assessment Ballots, the Assessment Ballots shall be weighted according to the proportional financial obligation of the affected property. This Resolution states that the Board shall not impose the assessment if there is a majority protest, as defined by Section 4(e) of Article X111 D of the California Constitution and Government Code Section 53753(e)(2). The Resolution states that if there is no majority protest, the Board may authorize the assessment. 11. Subsequent to the adoption of Resolution No. 2000/167 and Resolution No. 2000/168 and the mailing of the Assessment Ballots, it was discovered that certain real property not intended to be annexed or assessed was erroneously included in the area described in Resolution No. 2000/167 and Resolution No. 2000/168. To correct the area intended to be annexed and assessed, the Board has adopted a further Resolution clarifying the annexed area and excluding the real property erroneously included in Resolution No. 2000/167 and Resolution No. 2000/168. As provided in Public Resource Code Section 26581, the Board of Supervisors of Contra Costa County also has adopted a further Resolution approving the annexed area, as corrected. NOW, THEREFORE, the Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District FINDS, CERTIFIES, and RESOLVES that: 1. The above recitals are true and correct. 2. The Public Works Director provided notice of the Hearing as described above in accordance with Public Resources Code section 28852, Government Code Section 53753(b), and Article XIII D, Section 4 of the California Constitution. 2. The Hearing was held before this Board on June 13, 2000 at 10:00 a.m. At the Hearing, the Board heard and considered any and all protests to the proposed assessment. At the Hearing, the Clerk of the CHAD delivered to the Board all the Assessment Ballots received from record owners of property within the annexed area. The Board tabulated the Assessment Ballots and weighted them according to the proportional financial obligation of the affected property. The Board then closed the Hearing. 4. Based upon the tabulation of the Assessment Ballots, the Board finds that there is not a majority protest. Therefore, the Board is authorized to levy the proposed assessment pursuant to Public Resources Code Section 26653 and Article X111 D, Section 4 of the California Constitution. 5. The Board hereby orders that the costs and expenses of maintaining and operating the CHAD improvements necessitated by the annexation of RESOLUTION NO. 2000/3 5 7 Subdivision 8188 (Lyon-Henry Ranch) to the CHAD shall be assessed against the annexed property. The annexed property subject to the assessment shall include all of the real property described in Exhibit A attached to this Resolution and shall exclude that portion of Assessor's Parcel No. 209-100-002 lying outside the boundary described in attached Exhibit A. 6. The Board further confirms the assessment, as set forth in the Engineer's Report, and orders that the amount of the assessment against each parcel of property annexed to the CHAD shall be as provided in the Engineer's Report. 7. The Board further orders that the amounts set forth in the Engineer's Report (including an annual adjustment to reflect the percentage change in the Consumer Price Index ("CPI") over the previous twelve-month period) shall be assessed against the property annexed to the CHAD for the 2000/2001 fiscal year and for subsequent fiscal years. Each subsequent parcel created as a result of City of San Ramon Subdivision 8188 shall be assessed $555.00 per parcel per year, plus the above-described CPI adjustment. 8. The Board further orders that the assessment shall be levied and collected in the following manner: (a) As provided in Public Resources Code Section 26654, the Clerk of the Board shall cause to be recorded a notice of assessment, as provided for in Section 3114 of the California Streets and Highways Code, whereupon the assessment shall attach as a lien upon the annexed property, as provided in Section 3115 of the Streets and Highways Code. (b) Thereafter, the assessment shall be payable at the same time and in the same manner as general taxes on real property within the CHAD are payable. (c) All funds generated by the assessment, and all interest earned on the assessment, shall be segregated, and deposited in a separate account for the exclusive benefit of the CHAD, and shall not be deemed at any time to constitute funds credited to the County Treasury. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of superv' ors on the date shown. rang. Dept.: Public Works Department (Special Districts) ATTESTED: HIL BATCHELOR,Clark of the Board Contact: Skip Epperly, 313-2253 of Supervisors apda County Administrator By ";Deputy RESOLUTION NO. 2000/ 3 5 7 cc: Assessor Auditor-Controller County Administrator County Counsel P.W. -Accounting - Special Districts Wm. R. Gray & Co., Attn: Bill Gray (via P.W.) McCutchen, Doyle, Brawn & Enersen; Attn: Kathleen McDonald (via P.W.) RESOLUTION NO. 2000/ 3 5 7 • c�:, 20 ;�e 9:40AM MCCL'TCHEtd ',+�/%V RESC7URtE5 INC No. 7712 P, 2i3 JUNE a,Jove SUBDIVISION 1188-00 MiARY E"WIT"B" AM PROPERTY 1N THE Cr1Y OF"Y 1LlMOM COWn OF CONTRA COSTA, STATE OF CALIFOMA DMc URED AS FOuOWS: JPENG A PORTT01V"OF ng PANCNOS+fNWiON,DP.S+CRIBEDAS FOl. OWS. BEGINNING ATA POINT ON TXE kw SY)CJrffW>S,mar R1 T or wAYLm dF mN Rmav t'Azur SOCUFARD AS trNOF F~l=AT ZW WER.SECTM W1T11 I=A006T EASTERLYPORYM OF= COMMON LEVE AS 12ESCAWD 1N 7W DEEDS 70 HENRY RECORDED MARCH 1;19441N ROOK 1177,AT PAGE 405 AND RECORDED MARCH 13, 1954, IN BOOK 2441, AT PAG$432, CON7`R,1 COSTA COUNTY A CORDS,SAWORYT ALS011►Em ON z7 G.SAN RUMON CHT Z&47L,m ThTNCA ALONG SAID A1!CzN` OF WAYLMEAIVD CRY LIA TLD SOWN 28'SP OS"EaT, 658.42 FEET TO A POLST QN' fff A4W NOAPRWESTERLY INE OF WE PARCEL Of LAND DESCAMD AS "EXCEPTING ZMAEFR M-,1Ns4m 1fENRrDxw(11 77 OR 405): 1HENCE MVZVG SAID AMT OF WWY LNE AND ALONG T1YJr MOST NORT71W1i.47=Y AND $OUT1DM?EJpLYl WES OFSAID PARCEL -LWJP7DVG TIMAMOM."(7177 OR 405), 1W POLLOWING C'OUX=SOUTH62057'S4-WEST 271.30 FEET 771ENC&NORTH22°54'10"WEST, 29.86 P THENCZ S'OVER 63°06'52-W$ST, 414.92 FEET- THENCE, SOUTH 340 53'08"1:444 131.51 FEET?1'3 A POINT ON MAX UOkSrSC7MAUSTg Y LANE OF SAID IMVRYDESD 0179 Olt 403): TJWCI;AMW SAID SOU77iE,tSTERLY LINE(J177 OR 45).SOWN 64°4252 WEST, 1326.61 FEET 70 ANANOLL PO&T 0NTMj4lD I='11MG SdN PAMONCITYLEWT LM. TASWC'E. LUYNG+'SAID L"X7"T &CP SAN RAMON C17Y LSVT LM AND CONTlhR&IG ALONG "M SAID mw sov7ffF.AS`mLr z"E(1177 OR 465),SOUTH 64*42'):" 1FES7,W.64 MT 70 A ROM ON TXE M+O r sowwWE:s91SRLY Im or to PROPO= SURDIY1 w 818'4 AS m!'OWN ON m mmm YX ATMA"PSUOMMZDTOANDACCEPTEDBYTHECHTOF"WXAAICJMN TTf.N= LEAYAVG SAID S0UT11EiL,STERLY LINE (1177 OR 405), AUWG THE MUST SOt1T?1��,'rL'S=r LM OF T FS PROPOSF.17 SURDML9101 N'8188, T19(E`FOLLOWING' COLT NORTH 20 22'53" WW, 331.5if fUT710A PODVT OFNON 7AffGWCr- nMVCE, SOVT RWPSTMZ W1'S7'F.RLY, NORM'I'.SMUF AND NORTXEJ Z Atf�INt3 Tff ARC' OF A NON•TAN+GIW CUItM CONC'A MV NORTKS'A MUK, 7Tfl;'RoWW POW OF W141CH REARS MR.iT1 24®22'53" Mr,NA A RADIUS OF 45.00 FUT. DELTA OF 103°13'.11",AlENGTHOF 82.64 MT TOA POVvT OFNGWTANVE,Ka.• THEN"SOVY71830 41'W WW,405.00 FELT: rXMVICL,NORTH 57•W 49"WW,607.09PJ'E . MWCA NOWN25"12'25" WEST. 481.98 PP.L7"TO A P08N7 ON tai 'MOST 1V0AYhlAASTP.,RLYL W2 OF SAID 11ENRYDEED(7441 OR 432): AFf rlVPI T1MF 111k R V14AM PUNT TIM; .!Ilk A "'lXHIBIT A 9;4CAM MCC THEN WiCa KFsuuRcEs 'Nc Nc. 7712 F. 3/ 77&vcz; LunNG usr.Swt1D MOST sou77mE3"7muy LINE of PICOPOSED$CtBDpwoN 8188 An ALONG SAM 11110`1'N0Xfh7MZEtLYL a(2442 OR 432),NORM 64`47')$"EAST, 1070.12 Mf'fO AN ANGLE PONT Et=M UNP"O?rWT Lthff!'tM IMCF. ALONG TM SdID F.XlST11V0 STAN SAMON 0"LC1441T LINE AND CONTINUING ALONG SAID NORTtMMMMYLTNE(2441 OR 432)NORTTI 64°47'33"LIST, 1433.99 M ZW MWT IPESIERLY CORNER OF ZFZ PARCEL OF LAND DESCRIBED&ME Df`D!D I=S IV AWON CONOUGA7702V of JEHOVAH'S 1 IWF i' S, CA DC, A ORDER OCTOBER 9, 1994. == 94.257303, SAID COEWT "- Nsvm, . TIIYNCI,SOUTN 67'04'43"ZdSI, 216 31 FEETTOA POD1T OF NON-TANOW CUR VATM HA1'MA JUDIW OF 133.00 M7.CONCAFE SOUT FWAST T,RADRIS PODVT'BF,.AR'M SOUII141011'35-WT; THENCE, SOUTH 'ESTERLl;ALONG TM ARC OF SAID CTaV& WNG A DELTA OF 02'49' 44*') A LltlVr M OF 7 65 FUT M A.POW ON 77M MOST SOU'TIff"LOVE OF SAID JEIOYAHT WIIWEMM PARCEL(U247303); THINCA; NON TANGBNT:ALONG SAID AdW SOUMALY LINE(94-747503). NORTH 88°Ol'01"1:itS'T, 84.54 FEET; IXWCF, LEdWGWDMaff SOUIN RIYLJ' (94-24'7303).NOR7W6I°00'J5".F4ST;37.96 7, 77/ENC1n SOUTH 73'59'05"EAST,21.21 PUT; THENCE SOUTN28'39'05"L&T,5.24 FEET TO rHE AW SrSOtJTR&4 MYLNE OF 14M JEHOVAH'S WITNESSES PARCEL(P4-?47903); I NCL ALONG SAID MOS7'SOETATASTE LYLINE 04-247!09),NORM640 47'33"&S1`46,10 FEET; TKENCI6 LCAYING SAID AfosT SOU7AwSTJ:R'L'1'LINE,NORYN28'59.05"1Pwz.6.28 FEET, 171A NORM IP 00'55"E46T 31.21?W,- IVANCA NO'RT'I7'61a 00'55"LdST, 58.50 FEls7'.• Y NCS SOUTT1280 59'0S"E,A37. 2613 FEET rO UW MO5T'S0V7!X+G 3=Y Lfh (94.247303): THENCE, ALONG SAID MOST SOUTXMST7:RLTLM (R-0-24730)), NORTH 64'47'3S"EAST.. 91.10!rM TO St1D EXWW'G MOST S'Ot1THWEMRLY RIGHr OF WAY LDVE OF&W RAMON, WALLY BOULEVAR;p; T> Cg ALONG SAID R1GAT OF WAY LJW& So. 28'5.0'05"84T, 32L57 FEET TO YFX POINT'OF V"T PORI7ON OF D5JCltl WW WWH C.4& "ALONG 171E MOST so'1` r I'M of 7W PROPOSBD $V*hIVISIaV 0188 R'fl1CH SMIL ULT12k6ATELY AGRB'E 11'1775f ra .St1J?Dfd9l w BOUNDARYL17W 1'NNAT WJZL BE ISTAXW)RD U?GW Tm EvEN7' ui F1L11VG OF ZTZ PWAZ MAP FOR SVBDIi'1SloN 8'1'88: BEARING AND DZTANCES ARE BASED ON TFZ CALIFORNLA C00AD11+1dIE'SWZk NAD 77 ZONE A Irl o181AINGRoUNDD1FlA1Vc=AlUL77PLrBY1.0001041 EXH1131T A RtCEIVEO TIME JUN. 8, 8: 24AM PRINT TIME JUN. 8. 8:26AM TMAL P.03 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ SSS Government Code § 25526.6 Conveyance of an Easement to Pacific Bell Telephone Company Project No. 4070-6G5007 3020 Grant Street Concord Area CP No. 00-40 The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded on August 3, 1070, in. Book 6184 at page 498, in the Concord area. Pacific Bell Telephone Company 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 Telephone Company 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$5,000.00. The Real Property Division is DIRECTED to cause said Easement to be delivered to the grantee. I hereby certify that this is a true and correct LLO:eh copy of an action taken and entered on the G:\GrpData\RealProp\2000-Fiies\BOs&RES\BR27-PacbeiLdoe minutes of the Board of Supervisors on the Orig. Dept.: Public Works(R/P) date shown. Contact: L.Lucy Owens(313-2229) cc: Public Works Accounting ATTESTED: JULY 25, 2070 Public Works Records PHIL BATCHELOR,Clerk of the Board of Grantee{viaR/P) Recorder(via R! Supervisors and County Administrator Community Development Dept BY Deputy RESOLUTION NO. 2000/ 358 Q--r)rded at the request of: Pacific Bell After recording return to: Pacific Bell 2600 Camino Ramon, Suite 2N350U San Ramon, CA 94583 Attention: Scott Booth Portion of A.P.N. 110-100-022 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"COUNTY"), hereby grants to PACIFIC BELL TELEPHONE CO., (hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement and right of way to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto, and for no other purposes whatsoever; in, over, under and upon the hereinafter described parcel of land situate in the City of Concord, County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "B" The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for purposes, including, but not limited to, the right to operate, maintain and for ingress and egress to County's facilities. GRANTEE acknowledges and agrees that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to the primary use of the Property by the COUNTY, its successors and assigns. GRANTEE shall not, at any time, use or permit the public to use the easement area in any manner that will interfere with or impair the COUNTY's primary use of the Property. GRANTEE shall not fence said easement without the prior written approval of the COUNTY, and shall remove any fencing when requested by COUNTY to do so. GRANTEE shall not otherwise obstruct the easement area. 2. COUNTY TITLE: GRANTEE hereby acknowledges COUNTY"s title to the Property and agrees never to assail or resist said title. 1 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES. (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications to the 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. (b) Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing pipelines, shall not require prior notice to the COUNTY. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. DAMAGE TO COUNTY PROPERTY: Any and all COUNTY Property, 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 in writing, 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. 5. DAMAGE TO GRANTEE'S FACILITIES: COUNTY shall have no responsibility for the protection, maintenance, 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. 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 pre-approved 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 2 or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 6. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non- exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, 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. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the existing users. If GRANTEE damages the facilities or improvements of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be construed to prevent COUNTY from granting other easements, franchises, licenses 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. FRANCHISE FEES: To the extent not exempt by PUG 7901, the Grantee shall pay to the County a franchise fee for use of the County right of way at the maximum rate permitted by law. To the extent that any telephone or telegraph line installed pursuant to this easement is used for the operation of a cable system, as now or hereafter designed in a state of federal law, or for the transmission of video programming, or ether programming services to subscribers, the Grantee shall be required to apply to the County for a cable franchise and shall pay to the County a franchise fee on gross revenue at the maximum rate allowed by law. 8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with 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. 3 c) GRANTEE accepts the easement area in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the COUNTY as to any matter, including but not limited to the physical condition of the Property and/or 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 and is not relying in any manner on any representation or warranty by COUNTY. 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, to the extent caused or contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including petroleum)as a result of GRANTEE's construction, reconstruction, maintenance, use, 4 replacement, or removal of its facilities, to the extent that such activities increase 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. 9. NO WARRANTIES. 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. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and shall immediately revert to and vest in COUNTY or its successors. Upon any such termination of GRANTEE's rights, GRANTEE shall, upon request by COUNTY, and at GRANTEE's sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this 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. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of COUNTY. 12. ENTIRE AGREEMENT: 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. 13. CONSTRUCTION: 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. 5 14. SUCCESSORS AND ASSIGNS: 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 25TH day of CONTRA COSTA COUNTY GRANTEE— PACIFIC RANTEE—PACIFIC BELL TELEPHONE COMPANY By By ;��4 Chair, Board o Supervisors Laurie Mi er TITLE: General Manager, Engineering and Construction STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA ) On JULY 25, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Cha;rwnman donna Garber 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 autho- rized capacity(ies), and that by his/her/their signa- tures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 13y: — Q=Wn4 Deputy k Form Approved(07/99) Victor J.Westman, County Counsel LLO:eh G:\GrpDatalRealProp\2000-Files\00-2\EA17PA MC.pacb.doc 2/23/00 6 Brian Kangas fauik Engineers + Surveyors e Planners March 10, 2000 BKF Project No. 20005035-50 EASEMENT DESCRIPTION PACIFIC BELT, EASEMENT ALL that certain real property situate in the City of Concord, County of Contra Costa, State of California, and described as follows: BEING a portion of the property described in the Quitclaim Deed from the State of California to the County of Contra Costa, said Quitclaim Deed is attached thereto and made a part thereof of Resolution Number 70/455 accepting said quitclaim deed by the County of Contra Costa, recorded August 3, 1970 in Book 6184 at page 495 through 497, official records of Contra Costa County, said portion being more particularly described as follows: COMMENCING at the northwest corner of said lands of Contra Costa County (6184 O.R. 495); THENCE southerly along the west line of said lands of Contra Costa County (6184 Q.R. 4+95), South 03°49'30" East 81.49 feet; THENCE, at a right angle, leaving said west line of the lands of Contra Costa County, North 86°10'30" .East 5.00 feet to a point being on the east line of the easement for street widening purposes described in the Grant of Easement to the City of Concord, recorded December 23, 1969 in .Book 6030 at page 19, Contra Costa County records, said point also being the TRUE POINT OF BEGINNING of this description; THENCE southerly along said east line of the easement for street widening purposes (6030 Q.R. 19), South 03°41'30" East 25.00 feet; THENCE, at a right angle, leaving said east line of the easement for street widening purposes (6030 O.R. 19), North 8610'30" East 30.00 feet; THENCE, at a right angle, North 03049'30" West 25.00 feet; THENCE, at a right angle, South 86°10'30" West 30.00 feet to the POINT OF BEGINNING. Containing an area of 750 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B" This easement description has been prepared by me in conformance with the Professional Land Surveyor's Act. For BRIAN KANGAS FOULK. LAND10 By: :311 GZ 0,0 PAUL xlrtRr*acE Paul Kittredge,P.1a. No. 5710 bated EXP 6/30/00 License Expires: 06/30/00 �� L s. 5790 k:\005035\udescriptionslpb-desc.doc OF Exhibit"A" Page 1 of1 2737 North Main Street,Suite 200 + Walnut Creek CA 94596-2714 + (925)940.2200 * FAX(925)940.2299 Brian Kagr as fou[k Engineers • Surveyors • Planners March 10, 2000 BKF Project No. 20005035-50 EASEMENT DESCRIPTION PACIFIC BELL EASEMENT ALL that certain real property situate in the City of Concord, County of Contra Costa, State of California, and described as follows: BEING a portion of the property described in the Quitclaim Deed from the State of California to the County of Contra Costa, said Quitclaim Deed is attached thereto and made a part thereof of Resolution Number 70/455 accepting said quitclaim deed by the County of Centra Costa, recorded August 3, 1970 in Book 5184 at page 495 through 497, official records of Contra Costa County, said portion being more particularly described as follows: COMNTFNCTNG at the northwest corner of said lands of Centra Costa County (5184 O.R. 495); THENCE southerly along the west line of said lands of Contra Costa County (5184 O.R. 495), South 03°49'30" .East 81.49 feet; THENCE, at a right angle, leaving said west line of the lands of Contra Costa County, North 85°10'30" East 5.00 feet to a point being on the east line of the easement for street widening purposes described in the Grant of Easement to the City of Concord, recorded December 23, 1959 in Book 5030 at page 19, Contra Costa County records, said point also being the TRUE POINT OF BEGINNING of this description; THENCE southerly along said east line of the easement for street widening purposes (5030 O.R. 19), South 03049'30" East 25.00 feet; THENCE, at a right angle, leaving said east line of the easement for street widening purposes (5030 O.R. 19), North 85°10'30" East 30.00 feet; THENCE, at a right angle, North 03049'30" West 25.00 feet; THENCE, at a right angle, South 851110'30" 'West 30.00 feet to the POINT OF BEGINNING. Containing an area of 750 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". This easement description has been prepared by me in conformance with the Professional Land Surveyor's Act. For BRIAN KANGAS FOULK. goo 0Na , Bv: _.._ ,%. 3�/ �► PAUL KITTREDiGE Paul Kittredge,P.161S. No. 5790 Dated 4t EXP 6/30/00 License Expires: 05/30/00 trt L. S.5790 k:10050351desciiptionsrptr-desc.doc OF Cl\ A Exhibit"A" Page 1 of 1 2737 North Main Street,Suite 200 • Walnut Creek CA 94596-2714 + (925)940-2200 • FAX(925)940-2299 f NTY � :.k�x�c SCALE Q� CONTRA COSTA � {a a to �a � C� O.R. 49� Ilk, / 00' (2) ( IN FEET ) ,Og. 503.49'30 1 inch = 40 ft. 00* ,� 1 HARTLgy 4.1 4TA 13 IT 3a67� HA l/ 97 � A55c)cIAY95 SSR AI)o 9 8_ 07"i70 S5R� � � v� PROPOSED BELL EASEMENT 750 SQ.ET.± PUNT/ OF BEGINNING R fW FOR ROAD t` ..• WIDE � KING ! ! � !� ! POINT 6030 G.R. 19 ! (. ! 114.00' OF COMMENCEMENT ' 06.10;30"E / 00 tow 3-49 3.49`30.1 20748 � r" NO- '-''�� M�-M — VARIES) �,...-..... m—m / 2�7•g0 .... NO3.4g'30r,,.W---p.ARIN C NT �. BASIS OF BE .�---.."' -" DA TA TABLE ' -- No. BEARING LENGTH S03`49'30"E 25.00 N86'10'30"E 30.00 NO3'49'30"w 1 25.00 586.10'30"w 30.00 REFERENQES: (1) 1a1 MAPS 23 (2) 6184 O.R. 495 EXHIBIT "B" 2737 North blain Street Subject PLAT TO ACCOMPANY pp,,��'iim..,,,,,�� K�/m Suite 200 PACIFIC BELL EASEMENT,CONCO_RD WWalnut Creek, CA 94596 Job No. 20005035-50 `J ry �/ CdMf YLf iMd C11did CC Yf 925/940-2200 By RS Date 03 O/ y,J�Chkd, PR 925/940-2299 (FAX) SHEET 1 OF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. t County of G-ol�.t Crf � On _G%v—"?i , before me, ryZ X-2) /i'�c Date Name and Title of t7fficar(e.g.,'Jana Doe,Notary Publi personally appeared oflleC, 4 w Names)of Signers) personally known to me CJ proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/q subscribed to the within instrument and s acknowledged to me thatM. 5ith'g Y executed the same in t a their authorized SCO71 L BOOTH capacity;), and that by tO�/kpth*r � Co mnInion#1246W signature(s) on the instrument the person(g), or Nat°y Public`Coofa'fft the entity upon behalf of which the person(.) t' Contra Cost©Cow* r M,Carnirr,6¢�test �,;px,! acted, executed the instrument. clow WIT ESS my hand and official seal. Platz Notary Seal Above Signature of Notary Public u 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 end reattachment of this form to another document. Description of Attached Document //-- Title or Type of Document:___ �� 1`'. - �•r Document Date:_��`�2 Number of Pages: S Signer(s) Other Than Named Above: � Ca acct ie p y{' s) Claimed by Signer signer's Name: C Individual Top 0f thumb here (� Corporate Officer--Title(s): : Partner--LE Limited v General r Attorney in Fact Trustee Ya irr` cot Guardian or Conservator Other: Signer Is Representing: >�` r�>✓ t ` `` jor C 1997 National Notary Association•9350 De Soto Ave..P.D.Box 2402•Chatsworth,CA 01313.2402 Prod.No,5907 Reorder.Call 7011•Free 1.800876-6927 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4070-6G5007 CP NO.: 00-40 ACTIVITY NAME: Conveyance of Easement to Pacific Bell, At 3020 Grant St., Concord DATE: April 12, 2000 PREPARED BY: Trina Tones This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number110-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. LOCATION: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). REVIEWED BY: DATE: Cece Sellgren, JY: viro men 1 Plan er A '91"1 O\ I / }°'.fir-n.t_,,.FD DATE: unity Development Representative rtt GAGrpData\EnpSvc\ENVIR0\2000 proJects\CEQAonlyZeterm.ExemptTacbell convey-Ease-Grant StAoc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 -Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dept Project Description, Common Name (if any) and Location: Conveyance of Easement to Pacific Bell at 3020 Grant Street, Concord area, County File #CP 00-40. Project Description: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number110-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. Project location: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section_ — declared Emergency (Sec. 15269(a)) 7-General Rule of Applicability(Section 1!;0-61(b)(3) Emergency Project (Sec. 15269(b) or (c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING 1 declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee S50 Due G:\GrpData\EngSvc\ENVIRO12000 projects\ CEQAonly\NOE\PacBell Conv-Ease-Grant St..doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Centra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dem Project Description, Common Name (if any) and Location: Conveyance of Easement to Pacific Bell at 3020 Grant Street, Concord area, County File #CP 00-40. Project Description: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number110-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. Project location: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). This project is exempt from CEQA as a: r,-„ Ministerial Project (Sec. 15280 _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(x)) General Rule of Applicability(Section 15061(b)(3) Emergency Project (Sec. 15269(b) or (c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). ,Said notice will remain posted for 30 days from the filing date. 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