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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-578 ' THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on September 24, 2002, by the following vote: AYES: Supervisors Uilkema, Gerber , Desapinier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/5 78 (Gov. Code § 25526.6) SUBJECT: ADOPT Resolution No. 2002/ 578 determining that the conveyance of an easement to the Ironhouse Sanitary District is not.subject to the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines, and approving said conveyance, Oakley area. [CDD-CP# 01-50). Project No. 7505-6F8355. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: The District acquired certain real property by Grant Deed on July 8, 1964 in Book 4655 at page 466, in the Oakley area for flood control purposes, commonly known as the Marsh Creek Flood Control Channel. The Ironhouse Sanitary District has requested an easement over a portion of said property, described in Exhibit"A"attached hereto, for the purpose of ingress and egress to their Lift Station Facility that supports Subdivision 7689. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Contra Costa Flood Control and Water Conservation District over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6, and the Chair, Board of Supervisors is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of $2,200. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. CP:eh i hereby certify that this is a true and correct G:\GrpData\RealProp12002-FileslBOs&RES\BR27 ironhouse.doc copy of an action taken and entered on the orig.Crept.: Public Works(R/P) minutes of the Board of Supervisors on the Contact: Carta Pecdantl(313-2222) date shown. cc: Public WorksAccounting Public Works Records � ATTESTED: September 24 2002 Public Works Environmental—T.Torres JOHN SWEETEN,Clerk of the Board of Grantee(via R/P) Supervisors and County Administrator Recorder(via R/P) Community Development Dept.—Karen Piona BY , Deputy Board Orders senior Clerk,Adm. RESOLUTION NO. 2002/_.218 Subject: Convey an easement to the Ironhouse Sanitary District. Date: September 24, 2002 Page: 2 The Board hereby FINDS that this activity will not have a significant effect on the environment under the County's Guidelines, and DETERMINES that the activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Chief Engineer to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for ding the Notice of Exemption. This activity has been found to conform to the General Plan of the City of Oakley. RESOLUTION NO. 2002/ 578 Recorded at the request of- Contra fContra Costa District Return to: Contra Costa District Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn:Carla Peccianti Assessor' s Parcel No. GRANT OF ACCESS EASEMENT THIS AGREEMENT is made and entered into this 22nd day of MAY, 2002, by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California ("District") and IRONHOUSE SANITARY DISTRICT,a California special district ("Grantee"). WITNESSETH: THAT the District, for a good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby grants to the Grantee and its permitted successors and assigns a perpetual non-exclusive access easement and rights-of-way described herein for the purpose of ingress and egress to Grantee's Lift Station Facility in Subdivision 7689 ("Facility"), through the Marsh Creek Channel Service Road ("Road") located on the east side of APN#033-030-030 at.Marsh Creek Channel and extends from Honey Lane, to seven hundred feet (700') northeast of Hamilton Court, in the City of Oakley, California as more particularly described in Exhibits "A" and "B," attached hereto and made a part hereof, in the location shown in the Plans and Specifications described herein. The real property described in Exhibits "A" and 'B" shall hereinafter together be referred to as the"Property." WITH respect to the exercise of the rights herein granted,the parties hereto agree as follows: 1. SURFACE ACCESS EASEMENT: The District grants to the Grantee a non-exclusive "Surface Access Easement" providing the Grantee the right to use the ground surface of the real property described in Exhibit "A" and shown on Exhibit `B" for all purposes necessary and ancillary to constructing, replacing, and maintaining the Road, and access for Grantee's personnel vehicles, and equipment to Grantee's Lift Station Facility located in Subdivision 7689. The Grantee's use of the "Surface Access Easement" shall be subject to the limitations of this Grant of Easement. 2. DISTRICT'S__TITLE: NON-EXCLUSIVE USE: This Grant of Easement is for Grantee's non-exclusive use of the Property. The Property lies within the boundaries of land more commonly known as the Marsh Creek Flood Control Channel ("Channel"). Said land is owned in fee title by District. Grantee hereby acknowledges District's title to the Property and agrees never to assail or resist said title. Page 1 of 6 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. It shall be Grantee's sole responsibility, obligation, and liability to determine if any other facilities have been so located within or near the Property boundaries. 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 cast and expense. Nothing contained herein shall be construed to prevent District 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. 3. MAINTENANCE OF THE SERVICE ROAD: As an additional consideration for the grant of this access easement, the Grantee shall be responsible for the maintenance and replacement of the asphalt pavement installed at the Road. The limits of the paving installed at the Road area to be maintained by the Grantee are shown and described in Exhibits"A" and "13" The Grantee shall also be responsible for maintaining and ensuring that the ditch that collects storm runoff'from the paved road is draining properly into Marsh Creek. The cost of the maintenance and replacement of the asphalt pavement and the landside ditch shall be the sole responsibility of the Grantee. 4. MODIFICATION. REPLACEMENT, RELOCATION AND REMOVAL OF SERVICE ROAD PAVEMENT: District at it's sole discretion reserves the right to require Grantee to modify, replace, relocate or remove the pavement from the Road at Grantee's sole expense. In the event that Grantee fails to commence the required work within thirty days after being directed to do so by District, or such reasonable extension as District may agree to in writing, or fails to complete the required work within a time specified by District, District may perform or complete the work at the expense of Grantee, which expense Grantee agrees to pay to District promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If Grantee's facilities are removed from the Property, Grantee shall promptly quitclaim to District its interest in the vacated Property. District shall attempt to avoid the necessity of such relocation or removable S. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to This easement is for conveyance of storm water and flood protection. 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 District, its successors and assigns. 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 District's primary use of the Property. 6. GRANTEE'S USE: PERMITS BY DISTRICT: Grantee's use of the Property, and appurtenances thereto, is non-exclusive and shall be limited to access and for, Page 2 of 6 construction, reconstruction, removal, replacement and repair of the Road described herein, and for no other purpose without District's prior written consent. Grantee shall not store any material or park equipment or vehicles within the easement area. Grantee shall, prior to any construction, reconstruction, replacement, removal or relocation of the pavement of the Road, or storage of material or parking of equipment and vehicles within the Road, obtain written approval from the District. Such written approval, together with any additional requirements, shall be in the form of both this Agreement and an Encroachment Permit issued by Contra Costa County Application and Permit Center. Normal maintenance by Grantee of the Road shall not require prior notice to the District. Grantee shall perform maintenance of the pavement and ditches so as prevent damage to the Property and to ensure the safety of the other users of the Property. Grantee shall also obtain an Encroachment Permit from District for any entry onto the Road for anything other than ingress and egress. Such Encroachment Permit shall not be unreasonably withheld. Grantee shall comply with all the requirements of the Encroachment authorize. 7. DAMAGE TO DI TRICT PROPERTY: Any and all District property, facilities, landscaping, or other improvements, removed or damaged as a result of the use of, or access to, the Property by Grantee, or any other person or entity acting under Grantee's direction or control, shall, at District's sole .discretion and direction, be repaired or replaced by District, with all costs and expenses incurred by District to be immediately paid by Grantee (including but not limited to engineering costs and legal costs of collecting any unpaid expenses), or, in the alternative, and only with District's prior written consent, said Property, facilities, landscaping, or other improvements so damaged or removed, shall be repaired or replaced by Grantee, at the sole cost and expense of Grantee, to a condition that is equivalent to or better than their condition existing just prior to its damage or removal. In the event that Grantee fails to commence the required work within thirty (30) days after being directed to do so by District, or such reasonable extension as District may agree to in writing, or fails to complete the required work within a reasonable time thereafter, District may perform or complete the work at the expense of'Gmntee, which expense Grantee agrees to pay to District promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 8. DAMAGE TO PAVEMENT MAINTENANTED BY THE GRANTEE: District shall have no responsibility for the protection, maintenance, damage to, or removal of the pavement of the Road caused by or resulting from District's use of the Property or work or operation thereon. The Grantee acknowledges that it is aware that the District, it assigns, permittees, contractors and representatives may use heavy equipment and vehicles to perform its work within the Property and the pavement of the Road was not designed to handle the repeated use of heavy equipment and vehicles. The Grantee agrees to be responsible for the repair or the restoration of the pavement in good condition for any damage caused by the .District, its assigns, representatives, permittees and contractors. It shall be the sole responsibility of the Grantee to provide and maintain adequate protection and for the pavement. Page 3 of 6 9. INDEMNIFICATION,I _ATION,AS-IS CONDITION OF PROPERTY: a) In the exercise of all rights under this Grant of 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 Road and the Property. Grantee shall indemnify, defend, save, protect and hold harmless, District, 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 Iimited 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 the easements described herein, Grantees operations, acts or omissions pursuant to this Grant of Easement, or the Grantee's use of the easements, save and except Liabilities arising through the sole negligence or sole willful misconduct of the District, its officers or employees. b) Grantee further agrees to defend, indemnify, save, protect and hold harmless, District 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 District related thereto. c) Grantee accepts the Property in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the District 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 District. Grantee agrees that neither Grantee, its heirs, successors or assigns shall ever claim, have or assert any right or action against District 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 this Grant of 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 District following the commencement of this Grant of Easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or Page 4 of 6 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 District 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 old the District 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 easements), of any kind or nature, to the extent caused or contributed to by Grantee's operation or performance under this Grant of 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 Grant of Easement. 10. NO WARRANTIES: Grantee understands and acknowledges that District 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 District. 11. ARANDaN. ENT: In the event Grantee shall cease to use the easements herein continuously for a period of one year, or in the event Grantee fails to use the easements 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 District or its successors. Upon any such termination of Grantee's rights, Grantee shall, upon request by District,and at Grantee's sole cost and expense, remove all of its facilities from the Property and restore said Property to its original condition. Upon the failure of Grantee to do so, District may perform this work at Grantee's expense, which expense Grantee agrees to pay to District upon demand. Grantee shall execute any Quitclaim Deeds required by District in this regard. 12. NO ASSIGNMNT DF EASEMENT: No rights granted hereunder shall be transferred,apportioned or assigned without the prior written consent of District. 13. NO SECONDARY RIGHTS. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of District's adjacent lands lying outside of the aforesaid strip of land above described. Page 3 of 6 14. 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. IS. 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 shalt not apply to the interpretation of this Grant of Easement. 16. SUCCESSORS AND ASSIGNSa This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of .2002. DISTRICT: GRANTEE; CONTRA COSTA COUNTY FLOOD IRONHOUSE SANITARY DISTRICT CONTROL AND NATER CONSERVATION DISTRICT By �. B C Board of Supervisors Date September 24 , 2002 . Date STATE OF CAUFORNlA) DISTRICT OF CONTRA COSTA) On September 24, 2 0 0 2before me,John Sweeten, Clerk of the Board of Supervisors and District Administrator, Contra Costa District, personally appeared, 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherAheir signature(s) on the instrument -' the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. By: D Clerk Page 6 of 6 Exhibit A LEGAL DESCRIPTION "Access Easement" All that real property situate in the City of Oakley,County of Contra Costa,Mate of California, described as follows: A portion of the Marsh Creek Contra Costa County Flood Control&"Water Conservation District,filed in Book 4655 of Official Records,at Page 466,Contra Costa County Records, f irther described as follows. A strip of land,fifteen feet in width,the Test line of,which is described as follows: Beginning at a point on the Nest line of above said Flood Control property(4655 OR 466),said point also described as being distant northerly 40.70 feet along said line from the northeast corner of Parcel "D"of Subdivision MS 6275,filed October 25, 1977 in Book 58 of Parcel Maps,at Page 46,Contra Costa County Records;along a curve concave southwesterly and having a radius of 443.00 feet,a radial bearing to said northeast corner,taken for the purpose of this description,bears North 51*02'3 1"East, thence from said point of beginning along a curve concave southwesterly and having a radios of 443.00feet,a radial bearing to said curve bears North 45°46'42"East,thence along said curve through a central angle of22°30'46"degrees,an are distance of 174.07 feet to a point tangent with last said curve,a radial bearing to said point bears North 68017'28"East,thence South 21042'32"East,291.68 feet to a point which bears South 21042'32"East, 142.45 feet from the most northerly corner of Lot 12 of that certain. Subdivision 7689,filed October 23,2000 in Book 425 Maps,at Page 42, Contra Costa County Records. Containing an area of 7,030 Sq.Ft (0.16 acres)more or less. Bearings and Distances shown hereon are based on Lot 12 of Subdivision 7689,failed October 23,2000.in Book 425 of Maps,at Page 42,Contra Costa County Records. -SN. � � NO. LS 6925 99839 ACCESS EASE.Igt EXP k6 w' HONEY LANE P.O.B.- NORTH EAST N45.46'427E(R) CORNER OF 15.00' a PARCEL D 60' N51'02'31"E`(R)�, R/rW $HOMEY LAMEJoi .� rvv M FARCEL D , 58 PM . � -J, � 111''i Mk X-0 S N. NO. LS 6925 CURVE ?ABLE .� CURVE DELTA RADIUS LENGTH Cl 17`141'5 7" 443.00' 133.37' C2 05`1549" 443.QCt 40.70' C3 2230"46" 458.00' 179.96' 12 N68'17'26" 15.01 y EELLECCI & ASSOCIATES INC DATE. DECEMBER �©acs sCALL 1"=50' SIL Na.: 99039 SHEET 1 OF 1 CIVIL ENGINEERING--LAND PLANNING--LAND SURVEYING PH. (925) 685--4569 EXHIBIT 2290 DrAMOND BLVD., SUITE 100 CONCORD CA. 94520