Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-481 Ems,, THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 5, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAUINIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 481 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2003/ 481 adopting the City of Walnut Creek Mitigated Negative Declaration for the Parnell Court Subdivision (YO0096), and conveying an easement to Pacific Gas & Electric Company. San Ramon Transportation Corridor at Parnell Court. Walnut Creek area. District 111. Project No. 7505-6F8355 The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County Redevelopment Agency acquired certain real property in the Walnut Creek area by Grant Deed on December 12, '1984, recorded in Book 12123 Page 961,for public transit and utility purposes. Pacific Gas&Electric Company has requested an easement over a portion of said property described in Exhibit"A"attached hereto,for the purpose of installing and maintaining an electric facility that supplies electric power to Parnell Court. 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. The Board ADOPTS the previously approved City of Walnut Creek Mitigated Negative Declaration for the Parnell Court Subdivision (YO0096) for the purpose of real property transactions, in compliance with the California Environmental Quality Act(CEQA). This activity has been found to conform to the General Plan of the City of Walnut Creek, and DIRECTS the Director of Community Development to file a Notice of Determination with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of a $25.00 handling fee to the County Cleric for filing and a $25.00 fee to Community Development for processing of the Notice of Determination. CP.eh G:1GtpData\ReaiProp\2l Files\80s&RES\BR27 PGE-SRTC.doc I hereby certify that this is a true and correct (WP) copy of an action taken and entered on the trig.fleet• Public works Contact. Carla Peorks( (313-2222) minutes of the Board of Supervisors on the cc: P.W.Accounting date shown. P.W.Records P.W. Environmental,T.Torres ATTESTED: M 05, 20U Grantee(via RIP) JOHN SWEETEN,Clerk of the Beard of Recorder(via R/P) Supervisors and County Administrator Community Development,K.Plana By , Deputy RESOLUTION NO. 2003/ 481 Subject: ADOPT Resolution No. 2003/ 481 adopting the City of Walnut Creek's Mitigated Negative Declaration for the Parnell Court Subdivision (Y00096), and convey an easement to Pacific Gas & Electric Company. Date: August 5, 2003 Page: 2 This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Pacific Gas & Electric Company described in Exhibit"A" attached hereto, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of the Contra Costa County Redevelopment Agency in consideration for the payment received in full in the amount of $3,500. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. On April 2,2002 the City of Walnut Creek adopted a mitigated negative declaration for the Parnell Court subdivision.The Board is adopting the previously approved mitigated negative declaration to allow for the purchase of an easement on the Southern Pacific Right of Way to connect electrical utilities to the new development. RESOLUTION NO. 2003/481 Recorded at the request of; Pacific Gas & Electric Company After recording return to: Pacific Gas & Electric Company 1830 Detroit Avenue Concord, CA 94518-2487 Attention: Perry Davis Former Southern Pacific Right-of Way Parcel 14 APN 0172-100-038 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 REDEVELOPMENT AGENCY, a political subdivision of the State of California, hereinafter called AGENCY, hereby grants to Pacific Gas&Electric Company,a California corporation,hereinafter called GRANTEE,a 14-footwide subsurface easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, and operating underground electric conduit line to connect to the existing PG&E box ("Electric Facility) and all necessary appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the City of Walnut Creek, County of Contra Costa, State of California, more particularly described in Exhibit "A" and shown on plat map Exhibit "B," each of which Exhibits are attached hereto and made a part hereof. The foregoing grant is made subject to the following terms and conditions. 1. AGENCY owns fee title absolute to a strip of land of varying width that runs from Monument Boulevard in the City of Concord to Walden Road in the City of Walnut Creek, Contra Costa County. Said strip of land is more commonly known as the San Ramon Transportation Corridor (the "SRTC"). The property subject to this easement(hereinafter the"Property")Is located within the SRTC. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed on the Property. GRANTEE acknowledges that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this grant of easement are secondary and subordinate to the AGENCY's primary use of the Property by AGENCY, its successors and assigns. The GRANTEE shall not obstruct the easement area. The GRANTEE shall not use or permit use of the Property for any purpose other than those granted by this agreement. 2. GRANTEE hereby acknowledges AGENCY's title to the SRTC, including the Property, and agrees never to assail or resist said title. 1 3. GRANTEE shall, prior to any construction, installation, reconstruction, remodeling, repair, removal or other work within the Property, submit specific plans and specifications to AGENCY for review and approval. Such approval, together with any additional requirements to be in the form of a written permit issued by the AGENCY to GRANTEE. The terms of such permit shall not be inconsistent with this grant of easement. 4. AGENCY reserves the right to require GRANTEE to modify its facilities,to relocate said facilities within the easement area or to remove its facilities from the easement area. If the easement conflicts with the primary use of the Property, if feasible AGENCY will provide the GRANTEE with an alternate easement within the SRTC. GRANTEE shall be responsible for all costs of relocating its facilities but shall not be required to pay for the relocated easement area within the SRTC. In the event that GRANTEE falls to commence the required work within thirty (30) days after being directed to do so by AGENCY,or such reasonable time thereafter as AGENCY may agree to in writing, or fails to complete the required work within a reasonable time thereafter, AGENCY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to AGENCY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area to a new easement area, GRANTEE shall promptly quitclaim to AGENCY its interest in the vacated easement area. 5. a. Any and all AGENCY property facilities, landscaping or miscellaneous 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 AGENCY's discretion and direction, be repaired or replaced by AGENCY, 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 its 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(30)days after being directed to do so by AGENCY, or such reasonable extension as AGENCY may agree to in writing, or fails to complete the required work within a reasonable time thereafter, AGENCY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to AGENCY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. b. It is understood and agreed that AGENCY has leases, licenses and easements and/or rights with others (hereinafter the "Co-users") for all or a portion of the Property. Such arrangements provide an underground petroleum products pipeline right-of-way, telecommunication conduit system and may also include other uses such as underground natural gas,sewer,water,electric lines,overhead electric and communication lines or similar uses. GRANTEE agrees to take all precautions 2 required to avoid damage to the facilities of the Co-users. If GRANTEE damages the facilities or improvements of any Co-user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. 6. Prior to any construction, installation, remodeling, repair, removal or other work within the Property, GRANTEE shall notify Co-users three (3) working days in advance of such activity. 7. GRANTEE agrees that AGENCY shall not be held responsible or liable for protecting in place,damage to,or removal of GRANTEE's facilities,appurtenances or improvements, caused by or resulting from AGENCY'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. S. The easement granted hereunder is non-exclusive. Nothing herein contained shall be construed to prevent AGENCY from granting other easements over the Property or using the Property for any and all purposes and the AGENCY expressly reserves the right to grant to others the right to use the Property in any manner and for any purpose. All rights granted to GRANTEE hereunder are subject to all existing and future rights,rights of way, reservations,franchises,licenses,and easements in the Property, regardless of who holds the same, including the AGENCY's right to use the Property for any purpose. AGENCY shall have the right to require GRANTEE to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate AGENCY's or any other user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by section 4 of this grant of easement, including the rights and remedies contained therein. 9. a. In the exercise of all rights under this grant of easement, GRANTEE shall be responsible for any and all injury to AGENCY, to the public, to Co-users, to individuals and to property arising out of GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save, protect and hold harmless AGENCY, 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 granting of this easement, GRANTEE's operations, acts or omissions pursuant to this grant of easement, or the GRANTEE's use of the Property, save and except liabilities arising through the sole negligence or sole willful misconduct of the AGENCY,its officers or employees. b.GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, AGENCY from any and all actual or threatened claims, costs, actions or 3 proceedings to attack, set aside, void, abrogate or annul this grant of easement or any act or approval of AGENCY related thereto. c. GRANTEE accepts the Property conveyed pursuant to this grant of easement in an "as is" physical condition, with no warranty express or implied on the part of the AGENCY as to any matter, including but not limited to the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults,the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind, in the air, soil, groundwater or surface water, or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of GRANTEE, at its sole cost and expense,to investigate and determine the suitability of the soil,water,geologic, environmental and seismic conditions of the Property for the intended use contemplated herein, and to determine and comply with all building, planning and zoning regulations relative to the Property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present and future condition of the Property or its suitability for GRANTEE's intended use. GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever claim have or assert any right or action against AGENCY 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 AGENCY 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 AGENCY 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 AGENCY 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 by GRANTEE's operation or performance underthis grant of easement, or GRANTEE'S use, release or disposal of any hazardous substance, including all 4 costs, claims, damages (including property and personal injury)directly caused by the uncovering, release or excavation of hazardous materials(including petroleum) as a result of GRANTEE's construction, reconstruction, maintenance, use, replacement, or removal of its facilities, to the extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. e. The obligations contained in this section shall survive the expiration or other termination of this grant of easement. 10. GRANTEE understands and acknowledges that AGENCY 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 AGENCY. 11. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event GRANTEE abandons any of its facilities or falls to use the easement for the purpose for which it is granted,then all rights of GRANTEE in and to said lands shall hereupon cease and terminate and title thereto shall immediately revert to and vest in the AGENCY or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by AGENCY, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said Property to its original condition. Upon failure of GRANTEE so to do, said work may be performed by AGENCY at GRANTEE's expense,which expense GRANTEE agrees to pay to AGENCY upon demand. GRANTEE shall execute any Quitclaim Deeds required by AGENCY in this regard. 12. No rights granted hereunder shall be transferred or assigned without the prior written consent of AGENCY. 13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of AGENCY's adjacent lands lying outside of the easement area described in Exhibit"A". 14. This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 15. This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of 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 16. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. 17. If any term or provision of this grant of easement shall be held invalid or unenforceable, the remainder of this grant of easement shall not be affected. 18. This grant of easement shall be governed by and construed in accordance with California law. The venue of any litigation pertaining to this grant of easement shall be Contra Costa County, California. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of �vNG , 2003. CONTRA COSTA COUNTY PACIFIC GAS & ELECTRIC REDEVELOPMENT AGENCY COMPANY, a California Corporation By By -2a 2W.01 t Chair, Board of Supervisors Neal O. Rotiisberger Supervisor North Coast Land Services Form Approved (12/96) Silvano B. Marchesi, County Counsel By: P G&E CO. -- APPROVED __ :z&nzy-4 4- Deputy 0 Z1ty'Itit '� LAND DESC. -OPER. LAW.. ENG*R. STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) On,AUG. S, 2pC fore me, Etf jW L. SHAM Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared S1-IV MARK M"-AIJI NIER,who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(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: _ eput Clerk G:\GrpData\ReelProp12003-Files/©3-6i6-1803 PG&E 2003 PJZ changes.doc 6 62-4202 Notary(General)Rev.6/94 STATE OF CALIFORNIA CAPACM CLAWED BY SIGNER SS. COUNTY OF CQ"M & C-gZ01 I I IndMdus)(s)Signing For OneseMlthem Wes On sji#( 62, 240 3 before me,the undersigned,a Notary Public for said State,personally ()Corporate ofttw(s)ct to Atx"Nerved CarporaftXs) appeared oMEWL C2 7"L.1 5 B&IFR 4 AEC I I Guardian of the Above Named IndIvidual(s) t( personally known to me-OR-[ ]proved to me on the basis of satisfactory evidence to be the person}whose (I Partner(s)of the Above Named Pam ership(s) named is/0 subscribed to the within instrument and acknowledged to me that he//e/tWy executed the same in his/hj6/th/r authorized capacity(i/s),and that by his,'�dttp&signature/on the instrument the persMY,or I I Attomsy(s}r act of the Above Named Pnnapet(e) the entity upon behalf of which the person(f acted,executed the` ;s- — JOIN A. CARDARELIJ I I Trustees)of the Above Named Trust(*) WPPNFSS my hand and official seal. _ Cotilmlalon a 1269697 Notary PuUL--CollbrJo 1100- Contra IOe»rContra Costo County MyComm.BpkwJu1Z2004F RECEIVED JUL 14 2003 BY PUBLIC WORKS DEPT. REAL PROPERTY DIVISION EXHIBIT A A PORTION OF SAN RAMON TRANSPORTATION CORRIDOR, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY,RECORDED,DECEMBER 28, 1984 IN VOLUME 12123 OF OFFICIAL RECORDS AT PAGE 961, SERIES NUMBER 84-187690 IN THE OFFICE OF THE CONTRA COSTA. COUNTY RECORDER., STATE OF CALIFORNIA, ALSO SHOWN ON RECORD OF SURVEY 113 LSM 46, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEAST CORNER OF SUBDIVISION 8338, AS FILED NOVEMBER 4, 2002, IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER, STATE OF CALIFORNIA, IN BOOK 449 OF MAPS, AT PAGE 22, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THE 100 FOOT WIDE SAN RAMON TRANSPORTATION CORRIDOR (12123 OR 961), THENCE ALONG SAID WESTERLY LINE OF SAID SAN RAMON TRANSPORTATION CORRIDOR (12123 OR 961) NORTH 08044'15" EAST 16.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE OF SAID SAN RAMON TRANSPORTAION CORRIDOR (12123 OR 961) NORTH 08-44'15" EAST 10.00 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SAN RAMON TRANSPORTAION CORRIDOR (12123 OR 961) SOUTH 81015'45" EAST 10.00 FEET, THENCE SOU'T'H 08044'15" WEST 10.00 FEET; THENCE NORTH 83°15'45" WEST 30.00 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 100 SQUARE FEET OF LAND,MORE OR LESS. EXHIBIT B ATTACHED AND BY REFERENCE MADE A PART HEREOF. PREPARED UNDER THE DIRECTION OF: S ale DAVID W.ENKE,L.S.4071 EXPIRES 6130/04 �q i 471 XP. / / i /,gid I UNE TABLE p V N08'44'15"E10.00' L2 N81`15'45"W 10.00' pz CJ `- 3 TA F§0N WEA F UB MWO &V 51.91220 N 40 � SUISDIVI 0 A'l 449 N 22 o YQ 12 fj .,� L1 L2 POINT 0F BEGINNING L2 � 4a EXP, 6/30/ZO ' N89'03'39"W 679.84(T) t4i SUED/Viislohy 6019 � � OF. 204 NO POINT OF COMMENCEMENT POWER POLE d UTILITY EASEMENT EXl NT e ' Aw P60IA ;Gww",awbowft r awl waw Heti syw+P waft,n»s he.*a DATE.- 1111312002 Rev, 311912003 PG & E EASEMENT w SCALE: 1~=20' PGCE RISER POLE w PIK 18 Do= OL 4" cI1M1UfT JDAM IRON WORSE TRAM � EN I M ow►r e� im UK PGCE ICER "LE r a toot m M 1Lti. w 1 or 1 INS t�pc QWFOW MANE M SM-1104 FAX W-1