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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-450 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILK MA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO. 2000/ 450 Government Code § 25526.6 Conveyance of an Easement to Pacific Bell Telephone Company Project No. 7488-6X5043 Clyde Park, M-16 Determine that the project is not subject to CEQA pursuant to Article 5, Section 15061(b) (3) Clyde Area CP No. 00-62 The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded on April 5, 1991, in Book 16503 at page 657, in the Clyde 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 $4,500.00. 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-Piles\BOs&RES\BR27-PB_clyde.doc 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: SEPT RNJRER 19 20MPublic Works Records PHIL BATCHELOR, Clerk of the'Board of Grantee(viaR/) Su ervisors and count Administrator Recorder{via RIP) p y Community Development Dept Environ. Div.,T.Torres(via R/P) By Deputy 61 V RESOLUTION NO. 2000/ 450 ' Conveyance of an Easement to Pacific Bell Telephone Co. September 19, 2040 Page 2 The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act pursuant to General Rule of Applicability under County Guidelines and Section 15061(b)(3) of the State CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. RESOLUTION NO. 2000/ 450 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 Sellaren - Public Works Degt. Project Description, Common Name (if any) and Location: Pacific Bell Easement-Clyde Park, Clyde (M-16), County File #CP 00-62. Project Description: The activity consists of granting a 25- foot by 21-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number 100-412-023, 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 Clyde, in the central county area, east of Port Chicago Highway and north of Medburn Street. (Figures 1-4). This project is exempt from CEQA as a: — Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section_ Declared Emergency (Sec. 15269(a)) 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. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ C EQAonly\NOE\PacBell-Ease-Clyde-M-16.doc C7 oz *CD > L7 — a 0 \ a am /� gym! 0 ® :z m t/7 CXl ZJ n ;o° '�- ® T7 fTl moa rte' a �1 °> F- M '� 0 led �7 a r M � Q 01 (9 > K C � a +�U (� z 0 + t� ® r X (-) CD F— m r- t/7 tMe' m m > CC) Ci -< c oC) z 4 Z C) rTla CC) Tt z 0 J (01997 Thomas Bros.Maps W P3 •► -3 M C?t # CA -4 CTs Cri y l © m m .�. 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'.` �f~ �.»:��:~ -)ject Location R.R. a ORT CHICAGO HIGHWAY S.N.R.I. d Itn LR ,� NORMAN AVENUE - %° a, � t � � + ,+tit •"a�`b' 4 t y rrt L`K y %a y wr!`M • —"� �` 5 i 55�� R it -$#,St'w m r,,, `" utiN►4r g s ir'Iv 2Y (� b ��d` 99.00 ALLEY v1 rn z fro x R� A tl:� p Y ♦h� O WELLINGTON AVENUE � I�si'�r°w t •. ��y d' et. t rn ! r > I o PARK STREET 04 rz � ` VA .t.gr r- ROAD OaD rn IN �, „� .� �,� 00 y, WAS !/ t ZRv Ry iYy jipw� p2y4 w'+.. r�t.t3 � #/�;��•�} rJ O of y sp to ti �_S 00 w y 001 try y A 0 1! fl) ��•� d�d C H_ t Recorded at the request c -PACIFIC BELL After recording return to: Pacific Bell 2410 Camino Ramon, Suite 2N350AA San Ramon, CA 94553 Attention: John DePaoli Portion of A.P.N. 100-412-023 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 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 park 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. MUNTY TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property and agrees never to assail or resist said title. 1 3. CONSTRUCTI , AND MAINTENANCE ACTIVITIE,. (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. D MAGE 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 or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 2 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 PUC 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 other 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 offioers, 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 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 3 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 detoxication 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, 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. 4 9. NO VA—R-RANIIE5: 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. AANNl�ItNT: 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. NQASSIGNMENT QF „E4IEMENT: No rights granted hereunder shall be transferred, apportioned or assigned Without the prior written consent of COUNTY. 12. ENTIRE AGRUMENT: 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. SUCCES§ORS 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 19TH day of SEEM BER , o-2 00 CONTRA COSTA COUNTY GRANTEE: PACIFIC BELL TELEPHONE CO. B 1 By VI& thairAoard of Sdpervisors By n Mc anis TITLE: Vice-President STATE OF CALIFORNIA ) Engineering and Construction COUNTY OF CONTRA COSTA } On September 19, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Vice Chair_ ev1 e Uilkema 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 instru- ment and acknowledged to me that he/she/they executed the same in histher/their authorized capaci- ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. By: Deputy ark Form Approved(07/89) Victor J. Westman, County Counsel LLO: G:\GrpData\RealProp\2000-Files\00-8\EA17PA.pacb.doc 8.15.00 B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. � County of � on , • / � 2- , before me, lV l�'' 4JE'P at t AL29 {C r Date Narna and Title of Officer(e.g.,'J*As Doe,Notary Publ `) personally appeared 9 V 0/V Me ,bAA11 4_. Names)of Signer(s) Xpersonally known to me C proved to me on the basis of satisfactory evidence to be the person(6 whose namef isles JOHNi4t!DE Pte! subscribed to the within instrument and Caffrnhdan 012*M acknowledged to me that he/ei fey executed *k'jy F the same in his/ authorized capacity{4ec4, and that by hisA"rr4l"ii- signatures)on the instrument the persoroe or s 5 the entity upon behalf of which the person¢sj acted, executed the instrument. rh WITNEaSS and a `cial seat. h Place Notary Seal Above 'Signature of Notary Public OPTIO r 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: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here El Corporate Officer—Title(s): El Partner•--L Limited ®General El Attorney in Fact El Trustee , C Guardian or Conservator Other: Signer Is Representing: m 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2002•Chatsworth,CA 91313.2402 Prod,No.5907 Reorder:Call Toll-Free 1-800-876-6827 Brian Kangas Foul Engineers . Surveyors . Planners December 22. 1999 BKF Project No. 19995 15 1-50 EASEMENT DESCRIPTION -PACIFIC BELL EASEMENT All that certain real property situate in Contra Costa County, State of California and described as follows: BEING a portion of Parcel "A" as said parcel is shown on that certain map entitled -SUBDIVISION 6889. CLYDE COMMONS", filed October 6, 1987, in Book 317 of Maps at Pages 1 through 4. inclusive. in the Office of the Recorder of Contra Costa County. State of California, said portion being more particularly described as follows: COMMENCING at the souther], terminus of that certain course delineated as "North 19'59'3 I" West 493.07 feet' on the easterly right of way line of Port Chicago as shown on said map: THENCE northerIv along, said easterly right of way line of Port Chicago Highway North � 19'59'31" West 68.00 feet to the POINT OF BEGINNING; j i THENCE continuing along said easterly right of way line of Port Chicago Highway North 19'59'31"" West 25.00 feet; THENCE leaving said easterly right of way line of Port Chicago Highway North 70°00'29" East 21,00 feet; THENCE South 19'59'31" East 25.00 feet: THENCE South 70'00"29" West 21.00 feet to the POINT OF BEGINNING. Containing an area of 525 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. AND By. PAUL KITTREDGE Paul Kittredge. P. .S. No. 5790 EXP.6/30M License Expires: 06/30/00 ` p L.S.5790 .Dated: e'- . �:_. l a cj.,11 q OF CA1•t���� k:199515 I.501descriptionslpb-desc.doc PS W1 — 642q Exhibit `A" Page I of 1 2737 North Main Street,Suite 200 . Walnut Creek CA 94596-2714 . (925)940-2200 . FAX(925)940-2299 FOUND r r MONUMENT MAPS i AT INTERSECTION r r S U B ,D 5 3 x 9 SUSSEX STREET o. C L Y D E C 0 M M 0 N S rr 3 1 7 MA P S 1 r �r rvr r� r PARCEL 'A' PACIFIC BELL EASEMENT 525 S.F.f 0-29 00 21.00 L �. �s 1 � ` rr S U B 0 5 a a 9 C L Y D E C 0 M M 0 N S 3 1 7 M A P S 1 Y e POINT OF COMMENCEMENT POUND MONUMENT 317 MAPS 1 FOUND N 89'23'03" E 217.02' M-�M MONUMENT --- — — — — 317 MAPS 1 MEDBURN STREET t EXHIBIT „B» p W J- l(.o 4 2.P 2737 North Moin Street Subject PLAT TO ACCOMPANY Bien Kangas k Worn 200 Job No EASEMENT 99 9151 D50 CR!PT i oN Walnut Creek. CA 94596 rnginaus . svrr.yoo . swnnmr 925/940-2200 By MLM Date 12/22/99 Chkd. PAK 925/940--2299 (FAX) SHEET 1 OF 1