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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-533 f THE BOARD OF SUPERVISORS , + CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/_5L;;' (Gov. Code § 25526.6) SUBJECT: ADOPT Resolution No. 2003/ 533 approving the conveyance of easements to the Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), and authorizing the execution of a Real Property Sales Agreement for DERWA's San Ramon Valley Recycled Water Program (Phase i) project. (SCH# 96013028). San Ramon Transportation Corridor. San Ramon Area. Project No 0678-605577 The Board of Supervisors of Contra Costa County RESOLVES THAT: u Contra Costa County acquired certain real property by deed recorded on December 31, 1986, Book 13358 at page 487, in San Ramon for transportation purposes. DERWA has requested surface, subsurface and temporary construction easements over a portion of said property for the installation of an approximately 16"recycled water pipeline as referenced in the Grant of Easement. This Board FINDS that the conveyance of such easements 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 permanent surface and subsurface easements and temporary construction easements to DERWA over the property described in the Grant of Easement attached hereto, pursuant to Government Code Section 25526.6. The Board Chair is hereby AUTHORIZED to execute the easement documents and the Public Works Director, or his designee, is AUTHORIZED to execute a Real Property Sales Agreement for the above property, each on behalf of the County in consideration for the payment by DERWA in amount of$900,000.00,to be received in full by County,which consideration will be deposited into the Southern Pacific Right of Way Special Revenue Fund (138800). K£-R :eh G.� iProp\2003-FiieslBOs&REs182603DERWA EeseRPSsies res.doc Orig Dept.: Public Warks(RIP) i hereby certify that this is a true and correct Con ct: Dick R.Awenlus(313-2227) copy of an action taken and entered on the cc: Public Works Accounting minutes of the Board of Supervisors on the Public Works Records date shown. C.Seligren,PW Env,Svcs. Recorder(via R/P) ATTESTED: SEPTEMBER 09, 2003 K.Piona,CDD JOHN SWEETEN,Clerk of the Board of Board Orders Senior Clerk,Adm. Robert A.Baker,DERWA,Grantee Supervisors and County Administrator By Deputy RESOLUTION NO. 2003/ 533 Subject: ADOPT Resolution No. 2003/ 533 approving the conveyance of easements to the Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), and authorizing the execution of a Real Property Sales Agreement for DERWA's San Ramon Valley Recycled Water Program (Phase 1) project. (SCH# 96013028). San Ramon Transportation Corridor. Date: September 9, 2003 Page: 2 The Real Property Division is DIRECTED to cause said easement documents and Real Property Sales Agreement to be delivered to DERWA. The Board hereby ADOPTS the previously certified Dublin San Ramon Services District (DSR SD)—East Bay Municipal Utilities District(EBMUD)Recycled Water Authority(DERWA)Final Environmental Impact Report(SCH#96013028)(FEIR)forthe San Ramon Valley Recycled Water Program project, FINDS, based on the evidence outlined in the DERWA FEI R, that the significant impacts as a result of the project are within the jurisdiction and responsibility of DERWA, not Contra Costa County; FINDS that DERWA has adopted mitigation measures that substantially lessen the significant impacts of the project; FINDS that granting the necessary easements to accommodate the installation of the pipeline facilities will not cause a significant impact; DIRECTS the Director of Community Development to file a Notice of Determination with the County Clerk; and AUTHORIZES the Public Works Director to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Determination. On December 16, 1996, DERWA adopted a Final Environmental Impact Report for the San Ramon Valley Recycled Water Program Project. The County Board of Supervisors is adopting this previously approved EIR for the purposes of conducting a number of Real Property transactions with DERWA including granting a surface easement, a subsurface easement, and various temporary construction easements to allow for DERWA's installation of an approximately sixteen inch recycled water pipeline in the County's San Ramon Transportation Corridor(SRTC)in the San Ramon area. RESOLUTION NO. 2003/ 533 DERWA. Easement RECORDING REQUESTED BY Dublin San Ramon Services District - East Bay Municipal Utility District Recycled Water Authority(DERWA) AND WHEN RECORDED MAIL TO DERWA 7051 Dublin Blvd. Dublin, CA 94568 Attn: Robert A.Baker, P.E. Authority Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT THIS Grant of Easement is made and entered into this day of , 2003, by and between CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") and DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY, a public corporation organized and existing under the laws of the State of California("DERWA"). RECITALS A. County owns fee title absolute to a strip of land of varying width that runs from north Concord through the City of Walnut Creek to the City of San Ramon in Contra Costa County. Said strip of land is more commonly known as the San Ramon Transportation Corridor (the "SRTC"). B. DERWA desires to acquire one (1) permanent surface easement and one (1) permanent subsurface easement (together the "DERWA Easements" or the "Property") to install, maintain, and operate one (1) approximately sixteen inch (16") diameter steel underground water transmission pipeline ("Recycled 'Water Pipeline"), and all necessary appurtances. The DERWA Easements will extend from the Contra Costa I Alameda county line northward to the northerly edge of Bollinger Canyon Road, all in the City of San Ramon. The DERWA Easements are more particularly described in Exhibits "A" and "B," and shown on Exhibit "C," each of which Exhibits is attached hereto and made a part hereof. I I(I DERWA also desires to acquire Temporary Construction Easements ("TCEs") for the operation of equipment during the initial construction of the Recycled Water Pipeline, over those areas of the SRTC described in Exhibit "D-1," "D-2," "D-3," and "D-4," which Exhibits are attached hereto and made a part hereof, and shown on Exhibit"C." Page 1 KL:DR.A:eh G:\Grp Data\Rea]Prop\Dick\DERWA Easement-San RAmon\82103DERWA Easement.doe 8/21/2003 2:10 PM DERWA County -A DERWA Easement AGREEMENT 1. SURFACE ACCESS EASEMENT: County hereby grants to DERWA a non-exclusive, non-apportionable "Surface Access Easement" providing DERWA the right to use the ground surface of the real property described in Exhibit "A" and shown on Exhibit "C," for all purposes necessary and ancillary to constructing, altering, replacing, repairing, maintaining, and operating the Recycled Water Pipeline and related facilities, including, but not limited to, access for pedestrians, vehicles, and equipment of all varieties for the above-described purposes. DERWA's use of the Surface Access Easement shall be subject to the limitations of this tyrant of Easement. 2. SUIS-SURFACE EASEMENT: County hereby grants to DERWA a non-exclusive, non-apportionable "Sub-Surface Easement," as particularly described in Exhibit "E" and shown on Exhibit "C" hereto, which provides DERWA the right to construct, alter, replace, repair, maintain, and operate the Recycled Water Pipeline and related facilities in such configurations and in such sizes as described in the Plans and Specifications referred to herein. DERWA's use of the Sub-Surface Easement shall be subject to the limitations of this Grant of Easement. 3. TEMPORARY CONSTRUCTION EASEMENT: DERWA intends to construct the Recycled Water Pipeline in four(4) separate phases. Each phase is expected to last no more than ninety (90) days. County hereby grants to DERWA non-exclusive, non-apportionable Temporary Construction Easements over and across that certain real property described in Exhibits "D-1," 64D-2," "D-3," and "D-4" and shown in Exhibit "C" (the "TCE Areas"). The TCEs herein granted shall include DERWA's right to enter upon the TCE Areas with personnel, vehicles, and equipment for the installation of DERWA's Recycled Water Pipeline, under conditions specifically provided in the Special Road Right of Entry # RE-03-6 ("Right of Entry") to be issued by County to DERWA. On or before January 31, 2004, DERWA shall select a contractor ("Pipeline Contractor"), and award the construction contract to the Contractor, to construct and install the Recycled Water Pipeline. Upon DERWA's awarding of a construction contract to the Pipeline Contractor, DERWA shall instruct the Pipeline Contractor to, within sixty (60) days after being awarded the contract, provide a thorough, detailed, and complete construction schedule identifying all dates for the four phases of construction. DERWA will then provide County with no less than thirty (30) days prior written notice of the start date for each TCE. Once the start date for each TCE phase of construction is identified, that TCE will last for no more than ninety (90) days after that start date; provided however that in the event that DERWA requires more than ninety (90) days to complete either of the above phases of construction ("Additional TCE ITime"), DERWA agrees 1) to notify County by delivering a written notice to it no less than fourteen (14) days prior to the end of the TCE phase in question, and 2) to pay County the value of the additional time at the rate of Five Hundred and No/100 Dollars ($500.00) per calendar day. DERWA shall pay County, in full, for any Additional TCE Time immediately upon the completion of that TCE work. In no event and under no circumstance will DERWA's TCE rights extend beyond June 30, 2005, and upon that date, DERWA's interest in the TCE Areas shall automatically terminate in their entirety and become null and void. At County's request Page 2 KL:DRA:eh G:1GipData\Rea]Prop\DicktDERWA Easement-San RamonN82103DERWA Easement.doe 8/2112003 2:10 PM DERWA County WA DERWA .basement following termination of each TCE, DERWA shall deliver quitclaim deeds to County for each TCE. 4. CONSIDERATION: As consideration for County's granting of the Surface Access Easement, the Sub-Surface Easement, and the TCE Areas, described herein, DERWA shall pay to County the sum of Mine Hundred Thousand and Nol100 Dollars ($900,000.00), which payment shall be referred to as "Total Compensation." Payment of the Total Compensation shall be as described in that .Real Property Sales Agreement to be executed simultaneously with the execution of this Grant of Easement. 5. COUNTY'S TITLE, NON-EXCLUSIVE USE: This Grant of Easement is for DERWA's non-exclusive, non-apportionable use of the Property and the TCE Areas. The Property and TCE Areas lie within the boundaries of land more commonly known as the San Ramon Transportation Corridor ("SRTC"). Said SRTC land is owned in fee title by County. DERWA hereby acknowledges County's title to the Property and TCE Areas and agrees never to assail or resist said title. This Grant of Easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements that have been recorded, or that would be evident from a physical inspection or accurate survey of the Property and TCE Areas, except that License Agreement, including all amendments, between Contra Costa County and the East Bay Regional Park District to which DERWA shall not be subject or subordinate. It shall be DERWA's sole responsibility, obligation, and liability to determine if any other facilities have been so located within or near the Property and TCE Areas boundaries. DERWA agrees to take all precautions required to avoid damage to the facilities of the existing users. If DERWA damages the facilities or improvements of any existing user, DERWA shall repair or replace such facilities at DERWA'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 the Property and TCE Areas, provided however, that said subsequent uses do not unreasonably prevent or obstruct DERWA's easement rights hereunder. o. PRIMARY USE OF THE PROPERTY: The primary uses ("Primary Uses") of the SRTC (of which the Property and TCE Areas are a part) is for i) transportation uses, including but not limited to, a transit system ("Transit System"), ii) recreational uses, including but not limited to, a walking/jogging/biking trail, and iii) other uses, including, but not limited to, the installation of pipelines, conduits, wires and other telecommunications and utility services. DERWA acknowledges and agrees that the use just described constitutes the Primary Use of the Property and TCE Areas and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to all existing Primary Uses of the SRTC, and to all future I-mprovements necessary for a Transit System. DERWA shall not, at any time, use or permit the public to use the Property or the TCE Areas in any manner that will interfere with or impair either the County's existing Primary Use of the SRTC, or with County's construction or installation of any feature of a Transit System as described herein. DERWA shall not fence the Property or any of the TCE Areas without the prior written approval of the County, and shall remove any fencing when requested to do so by County. Page 3 KL:DRA:eh G:1GrpData\Rea1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8/21/2003 2:10 PM DERWA County`�A DERWA Easement 7. DERWA'S USE; PERMITS BY COUNTY: DERWA's use of the Property shall be limited to the installation, construction, reconstruction, removal, replacement, repair, upgrading, maintenance, operation, servicing, and use of the Recycled Water Pipeline described herein, and for no other purpose. DERWA's use of the TCE Areas is also non-exclusive and is limited to the use of equipment and the temporary storage of construction materials for the installation of the Recycled Water Pipeline. DERWA shall, prior to any construction, reconstruction, remodeling, excavation, or installation related to the Recycled Water Pipeline, submit specific plans and specifications ("Plans and Specifications") to the County for review and written approval. Such written approval may be conditioned. DERWA shall also be required to obtain, and pay for, an Encroachment Permit from the County's Application and Permit Center, prior to commencing any construction work related to the construction and installation of the Recycled Water Pipeline. DERWA shall also be required to obtain and pay for an Encroachment Permit for any entry onto the SRTC for anything other than inspection and servicing of the Recycled Water Pipeline once said installation has been completed. Such Encroachment Permit(s) shall not be unreasonably withheld. Normal maintenance and repair by DERWA of its Recycled Water Pipeline and related facilities within the Property, consisting of inspection and routine servicing of existing pipelines in a manner that will not create a public disturbance, shall not require prior notice to the County. DERWA shall perform maintenance and repair of its facilities so as to prevent damage to either the SRTC, or to improvements thereon, excluding the IHT described below. DERWA understands that County has licensed a portion of the SRTC to the East Bay Regional Park District ("EBRPD"), and that the EBRPD has installed a paved walking and jogging trail on the Property and TCE Areas, commonly known as the Iron Horse Trail (the "11I ") DERWA agrees to notify and coordinate its activities with EBRPD prior to entering the SRTC for either DERWA's construction and installation of the Recycled Water Pipeline or, after the Recycled Water Pipeline has been installed, for any maintenance activity, which involves the excavation of, or interference with, the IHT. In the event that DERWA identifies an emergency situation involving DERWA's Recycled Water Pipeline, DERWA agrees to immediately notify the County, and EBRPD so that the County, EBRPD, and/or DERWA can take appropriate emergency actions, as necessary. An emergency shall be defined as a situation, which causes discontinuation of, or immediate threat to, the operation of DERWA's Recycled Water Pipeline, County's use of the SRTC, EBRPD's use of the SRTC, or harm, danger, or extreme inconvenience to the general public. 8. COMMON USE AGREEMENTS: A. Existing Common Use Requirements. On December 15, 1985, the Central Contra Costa Sanitary District ("CCCSD") acquired surface easements and sub-surface facility }easements (G6CCCSD Easements") from County in the general vicinity of the DERWA Easements described herein. Those easement documents (7525 OR 158 — 7587 OR 5) were recorded on September 19, 1975 and August 8, 1975, respectively, and are on file in the Contra Costa County Clerk — Recorder's Office. CCCSD's easement areas were modified on May 23, 2003, by recorded document (DOC-2003-0243028-00), which documents are also on file in the Contra Costa County Clerk — Recorder's Office, Section 3 of that document states that in the event that County conveys an easement to any third party (a "user") which easement area Page 4 KL:DRA:eh G:\GrpData\Rea]Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc `D 8/21/2003 2:10 PM DERWA Count A DERWA Easement "overlap or overlays" the areas of CCCSD's sub-surface facility easements, then that third party shall enter into a common use agreement ("Common Use Agreement") with CCCSD, and that Common Use Agreement shall include specific language shown in that document attached hereto. B. Written Evidence. As a condition precedent to the exercise of DERWA's rights hereunder, DERWA shall provide written evidence, signed by CCCSD, that i) the DERWA Easements described herein do not overlay or overlap CCCSD's easements, or, in the alternative, ii) the DERWA. Easements described herein do overlay or overlap CCCSD's easements, and DERWA has entered into said Common Use Agreement with CCCSD. In the event that DERWA does enter a Common Use Agreement with CCCSD, then DERWA shall provide written evidence to County, signed by CCCSD whereby CCCSD states that County's obligations described in the CCCSD Easements referred to above, have been satisfied in full. DERWA shall be responsible for satisfying any other common use requirements contained in any other documents that have been recorded. C. Future Common Use Requirements. The DERWA Easements are perpetual, non- exclusive, and non-apportionable. However, any sub-surface easement or sub-surface license granted by the County to any user other than DERWA ("Other User") subsequent to this Grant of Easement which overlaps or overlays the DERWA Easements area shall require the Other User of the subsequent easement or sub-surface license to enter into a Common Use Agreement with the County and DERWA prior to the Other User commencing construction of the Other User's facility, which Common Use Agreement shall contain, at a minimum, the following provisions: a) The Other User shall remove or relocate its facility in a timely manner and at no cost to the County or DERWA as reasonably necessary to accommodate DERWA's right to install, construct, alter,replace, enlarge, repair, maintain, and operate DERWA's Recycled Water Pipeline. b) When DERWA determines to undertake a project which shall necessitate the removal or relocation of the Cather User's facility within DERWA's Sub-Surface Easement, DERWA shall provide County and the Other User with a minimum of ninety (90) calendar days written notice of the need for Other User to remove or relocate its facility. The Other User shall submit a removal or relocation plan to DERWA and County within thirty (30) calendar days of receipt of notice to do so. DERWA shall, and County may, review and comment on the plan within thirty (30) calendar days of its receipt. The Other User shall modify the plan to incorporate DERWA's and County's comments, if any, and resubmit the plan for DERWA's and County's written approval. The written approval by DERWA shall not be unreasonably 1withheld, C) Any damage done to DERWA's facilities by the Other User shall be repaired by DERWA and the Other User shall pay for all costs. The Other User shall provide a bond or other surety acceptable to DERWA on or before the execution of the common use agreement by DERWA, in a sufficient amount to DERWA which amount shall be determined by Page S KL:DRA:e6 G:IGrpDataSRea1Prop\Dick\DERWA Easement-San Ramon182103DERWA Easentent.doc 8/2112003 2:10 PM DERWA Coun DERWA Easement DERWA as a guarantee that the Other User shall remove or relocate its facilities upon notification to do so by DERWA. d) The Other User shall defend, indemnify, save and hold harmless the County and DERWA and its officers and employees from any and all claims, costs and liabilities for any damages, injury or death arising from or connected with the performance of the common use agreement, due to or claimed or alleged to be due to negligent or wrongful acts, errors, or omissions of the Other User or any other person under its control, including but not limited to liability arising from injury or death to members of the public using the property described in the subsequent easement, save and except claims or litigation arising through the sole negligence or willful misconduct of DERWA, and shall make good to and reimburse DERWA or County, as the case may be, for any expenditures, including, but not limited to, reasonable attorney's fees, DERWA or County may make by reason of such matters. The Other User further agrees to assume all joint and several liability for tort actions to the extent such liability exceeds the actual percentage of fault attributable to the actions of DERWA and its officers and employees. 9. FURTHER,USE BY COUNTY: A. DERWA understands and agrees that County intends to use portions of the SRTC for the construction, installation, and operation of a Transit System, or other Compatible or Non- Compatible Uses, as described below, and that such uses may require the County's use of portions of the Property and TCE Areas. County agrees that it will attempt not to use portions of the Property and TCE Areas that will limit or impede DERWA's access to the Recycled Water Pipeline, however, County shall specifically have the right to construct any of the Compatible Uses described below over any portion of the Property and TCE Areas. DERWA hereby acknowledges that DERWA shall be solely responsible, at its sole cost and expense to design, engineer, construct, reconstruct, and maintain its Recycled Water Pipeline in a manner that will withstand the significant weight and vibration conducive to a Transit System, and the Compatible Uses described herein. The following uses shall be considered to be "Compatible Uses," may be constructed over all or any portion of the Property and TCE Areas, and shall specifically not be considered as limitations or impediments to DERWA's access to the Recycled Water Pipeline: fences, surface parking, trails, roads, streets, other utility facilities, paved surfaces, railways, rail beds, all features of a Transit System, including, but not limited to, switches and station facilities such as loading platforms and canopies, and any other improvements, including, but not limited to, removable noise or retaining walls built no closer than ten feet (10') from the centerline of the Surface Access Easement described herein, and landscaping, not including trees. DERWA agrees never to assail County's right to construct or install the Compatible Uses described above. i B. The following uses shall be considered "lion-Compatible Uses" for the purposes lof this easement: Buildings with foundations, multi-level parking facilities, embankments (which shall be defined as a change in the existing surface elevation (grade) of the Surface Access Easement area by more than one foot (1') without .first having the written consent of DERWA, which consent shall not be unreasonably withheld), and other permanent structures with foundations, that are built within the boundaries of the Surface Access Easement described in Exhibit "A" hereto, and which would reasonably interfere with DERWA's use of its Recycled Page 6 KL:DRA:eh GAGrpData\RealProp\Dick\DERWA Easement-San Ramon182103DERWA Easement.doc 812112003 2:10 PM DERWA County DERWA. Easement Water Pipeline and/or prevent DERWA's reasonable access to the Recycled Water Pipeline for maintenance and repair purposes. Although it is not the intent of County to locate Non- Compatible Uses within ten feet (10') from the centerline of the Surface Access Easement described herein, County shall not be prevented from doing so. C. Not less than one hundred eighty (180) days prior to awarding a contract for the construction of either Compatible Uses or Non-Compatible Uses, County shall submit to DERWA design plans and specifications for said improvements for DERWA's review. Within sixty (60) days after its receipt of said plans and specifications, DERWA shall then determine what measures are reasonably necessary both 1) to protect DERWA's Recycled Water Pipeline from additional load and/or vibration resulting from the improvements, and 2) to insure access to the pipeline for maintenance, and shall notify County in writing of said measures. DERWA shall be responsible for designing, constructing, installing, and maintaining, at its sole cost and expense, those protective measures made necessary by the Compatible Uses described above. In such event, upon DERWA's prior written request, County may consider, but is not obligated to include in its design of any proposed Compatible Uses, additional design features (`Additional Design Features") that will serve to protect and provide access to the Recycled Water Pipeline. DERWA hereby acknowledges that County will incur additional costs and expenses in considering any Additional Design Features on DERWA's behalf. Such costs and expense shall be determined by County in its sole discretion, and DERWA hereby agrees to reimburse any of such costs or expenses incurred by County in such consideration,promptly upon written demand by County. In the event that County determines, in its sole discretion, to construct any of said Non-Compatible Uses over any portion of the Property, then County shall be responsible, at its sole cost and expense, to design, construct, install, and maintain reinforcements to protect, and modifications to access, the Recycled Water Pipeline, as reasonably acceptable to DERWA. The protective measures for which DERWA is responsible shall be submitted to County for an Encroachment Permit as required in Section 7. DERWA's Use, Permits By County, above. County reserves the right to require DERWA to reasonably modify its facilities to accommodate County's construction of the Compatible Uses described above. Said modifications shall not include relocating the Recycled Water Pipeline, but may include alteration of surface and sub-surface features of the Recycled Water Pipeline. D. In the event that, after the installation of DERWA's Recycled Water Pipeline, DERWA determines, in its sole discretion, that the Recycled Water Pipeline must be relocated or modified to withstand the effects of the Compatible Uses described herein, including, but not limited to, a Transit System, then DERWA shall be solely responsible to perform said relocation or modifications, at DERWA's sole cost, expense, and liability. In the event that DERWA determines to relocate the Recycled Water Pipeline, DERWA shall only have the right to }relocate the Recycled Water Pipeline within the boundaries of the Sub-Surface Easement described in Exhibit "A" hereto, and shall have no right herein to relocate the Recycled Water Pipeline outside of the Sub-Surface Easement boundaries. E. DERWA shall construct any improvements for which it is deemed responsible as described in this Section in a manner that will not unreasonably delay County's construction of the Compatible Uses. In the event that DERWA fails to commence said work within thirty (30) Page 7 KL:DRA:eh G:\GrpData\ReaJProp\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8121/2003 2:14 PM DERN'VA County DERWA Easement 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 time period mutually agreed to by County and DERWA, County may perform or complete the work at DERWA's expense, which expense DERWA agrees to pay to County promptly upon demand, including but not limited to, engineering costs and any legal expenses incurred to collect such costs. 10. RESTORATION OF PROPERTY: DERWA agrees that upon the completion of any of its works described in the Plans and Specifications referred to herein, it will restore the Property and TCE Areas as provided in said Plans and Specifications. Upon the completion of any of DERWA's work after the installation of the Recycled Water Pipeline has been completed, DERWA will restore, as near as possible, the surface of the ground to the condition it was in just prior to the commencement of said work, or better, including, but not limited to, the replacement of all paving, landscaping, fixtures, and improvements, all at DERWA's sole cost and expense. 11. DAMAGE TO COUNTY PROPERTY: Any and all County property, facilities, landscaping, or other improvements, removed or damaged as a result of the use of, or access to, the Property and TCE Areas by DERWA, or any other person or entity acting under DERWA's direction or control, shall, at County's sole discretion and direction, be repaired or replaced by County, with all reasonable costs and expenses incurred by County to be paid by DERWA within forty-five (45) days after receiving a detailed invoice from County (including but not limited to engineering costs and legal costs of collecting any unpaid expenses), or, in the alternative, and only with County's prior written consent, said property, facilities, landscaping, or other improvements so damaged or removed, shall be repaired or replaced by DERWA, at the sole cost and expense of DERWA, to a condition that is equivalent to or better than their condition existing just prior to its damage or removal. In the event that DERWA fails to commence the required work within thirty(30) 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 DERWA, which expense DERWA agrees to pay to County promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 12. DAMAGE TO DERWA'S FACILITIES: County shall have no responsibility for the protection, maintenance, damage to, or removal of DERWA's facilities, appurtenances or improvements, caused by or resulting from County's use of the Property and TCE Areas or of the SRTC or work or operation thereon. It shall be DERWA's sole responsibility to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if DERWA'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 lits sole cost and expense or, at the discretion of and upon written notice from County, the damage shall be repaired by DERWA and the reasonable cost of such repair as pre-approved in writing by County shall be paid for by County. DERWA acknowledges and agrees that, under no circumstance shall County have any liability to DERWA, 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 Page 8 KL:DRA:eh GAGzrpData\Raa1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8/21/2003 2:10 Phil DERWA Counqw DERWA Easement portion of DERWA's facilities. DERWA hereby acknowledges that its sole remedy for any damage to or destruction of any portion of DERWA'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 to reimburse DERWA for DERWA's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion as described above. 13, INDEMNIFICATION,AS-IS CONDITION OF PROPERTY: A. In the exercise of all rights under this Grant of Easement, DERWA shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with DERWA's use of the Property and TCE Areas. DERWA 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 DERWA's operations, acts or omissions pursuant to this Grant of Easement, or DERWA's use of the easements, save and except Liabilities arising through the sole negligence or sole willful misconduct of the County, its officers or employees. B. DERWA 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. DERWA accepts the Property and TCE Areas 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 TCE Areas 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 and TCE Areas for the construction and use of the improvements thereon. It shall be the sole responsibility of DERWA, at its sole cost and expense, to investigate and determine the suitability of the soil, water, geologic, environmental and seismic conditions of the Property and TCE Areas for the intended use contemplated herein, and to determine and comply with all building, planning and zoning fregulations relative to the Property and TCE Areas and the uses to which it can be put. DERWA Irelies solely on DERWA's own judgment, experience and investigations as to the present and future condition of the Property and TCE Areas or its suitability for DERWA's intended use and is not relying in any manner on any representation or warranty by County. DERWA agrees that neither DERWA, its, successors or assigns shall ever claim, have or assert any right or action against County for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property and TCE Areas at the Page 9 KL:DRA:eh GAGrpData\Rea1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8/21/2003 2:10 PM DERWA&_ County 3V DERWA Easement commencement of this Grant of Easement or from the release of any hazardous substance in, on or around any part of the Property and TCE Areas or in the soil, water, subsurface strata or ambient air by any person or entity other than the County 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 regulated as being "toxic," "hazardous" or a"pollutant"under any federal, state or local law,regulation or ordinance. D. To the extent permitted by law, DERWA shall indemnify, defend, save, protect and hold County, its officers, agents, and employees 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 TCE Areas 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 DERWA's operation or performance under this Grant of Easement, or DERWA'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, but not limited to, petroleum) as a result of DERWA's construction, reconstruction, maintenance, repair, 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. 14. NO WARRANTIES: DERWA 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 TCE Areas, and DERWA is entering into this transaction without relying in any manner on any such representation or warranty by County. 15. COUNTY'S RIGHT OF FIRST REFUSAL: A. If DERWA desires to assign or sell, (together known as a "Transfer") of the Property, DERWA shall notify County of the terms under which it is willing to make such Transfer and any offers it has received on the Property from prospective buyers who have the financial ability to complete the Transfer. County shall have thirty (30) days after receipt of DERWA's written notice to exercise this right of first refusal ("Right of First Refusal") by providing DERWA with written notice of its intent to re-acquire the Property and any iprovements constructed thereon which are a part of the offer, according to the terms stated in RWA's best offer, If County fails to exercise its Right of First Refusal within thirty(30) days or, if having provided written notice of its intent to exercise the Right of First Refusal, County fails to complete the purchase of DERWA's interest within one hundred-twenty (120) days after the notice of exercise is provided,DERWA shall have the right to Transfer the Property to a third party only on the terms stated in the offer, subject to the terms and conditions of this Grant of Page 10 KL:DRA:eh G:\GrpData\Rea1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8/21/2003 2:10 PM DERWA County XA DERWA Easement Easement, and the requirement that DERWA first obtain County's written consent as provided herein. B. If a proposed Transfer of the Property, or of the improvements thereon, to a third party is not consummated, this Right of First Refusal shall continue to remain in effect as to any future offers to Transfer the Property. If County declines to exercise its Right of First Refusal as to a particular Transfer and the Easement is subsequently transferred or assigned to a third person with County's consent, this Right of First Refusal shall continue to remain in effect as to the transferee or any successor transferees, and as to any and all future offers to Transfer the Easement. 16. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred or assigned without the prior written consent of County, which may reasonably be withheld by County in its sole discretion. DERWA shall not have any right to apportion the Property, or any interest therein. 17. 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 County's adjacent lands lying outside of the Property and TCE Areas. 18. ENTIRE AGREEMENT: This Grant of Easement, including the Recitals and Exhibits attached hereto, 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. 19. 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. 20. 'SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the permitted successors and assigns of the respective parties hereto. 21. iWAIVER: A waiver of any breach of any covenant or provision in this Grant of Easement shall not be deemed a waiver of any other covenant or provision in this Grant of Easement, and no waiver shall be valid unless in writing and executed by the waiving party. t 122. SEVERABILITY: If any term or provision of this Grant of Easement shall, to any extent, be held invalid or unenforceable, the remainder of this Grant of Easement shall not be affected. Page 11 KL:DPA:eh GAGrpData1Rea1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc W21/2003 2:10 PM DERWA 6 County-V DERWA Easement 23, GOVERNING LAW AND VENUE: 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 9th day of September , 2003. COUNTY: DERWA: CONTRA COSTA COUNTY DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY MUNICIPAL UTILITY.DISTRICT RECYCLED 7 WATE U HO D T TY By By: . Mark DeSaulnier, Robert A. Baker, Chair,Board of Supervisors Authority Manager Date of DERWA Approval: STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA ) S'T'ATE OF CALIFORNIA ) By: t .c. W1 COUNTY OF CONTRA COSTA) Nancy amble Hatfield, On SEPT-09/03 SUPERVISOR DESAULNIlersonally Authority Secretary appeared before me, , Deputy Clerk APPROVED AS TO FORM: of the Board of �S__uppervisors, Contra Costa County. SUPERVISOR DESAlt1 IERis personally known to me (or �� proved to me on the basis of satisfactory evidence) to be the By: v`1�i , person(s) whose name(s) is/are subscribed to 'the within Robert Maddow, instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by DERWA General Counsel 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. WITNESS my hand and official seal. BY:.—.— (Seal) uty Cle 1APPROVED AS TO FORM: SILVANO B.MARCHESI, Count- �unsel B 1 � T.FuArlovol- jii, Deputy County Counsel Page 12 K.L:�sRA:ch GAGrpGata\Rea1Prop\Dick\DERWA Easement-San Ramon\82103DERWA Easement.doc 8/21/2003 2:10 PM DERWA / � County CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i� i On before me, .� �� Dalef Name and Title of Officer g.,"Jana pee, otary Public") personally appeared �, � Name(s)of Signegs) personally known to me roved to me on the basis of satisfactory evidence to be the persoW whose nameK is> subscribed to the within instrument and acknowledged to me that helltlaey executed ALICE E.LRJTZ the same in his/ /"ir authorized COMtart'Pu lIC 112 8272 trN capacity4e%7, and that by his/Perg*eir NOtsry Public-Criilornie ��,cry signature(}on the instrument the persot ), or MV COMM.ExptrasJun 23,2004 the entity upon behalf of which the persoDfs) acted, executed the instrument. Wil S my hand and offi ' se Place Notary Seal Above Sig ure of ary P 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 and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �2e On Document Date: Number of Pages:✓.oG, e Signer(s) Other Than Named Above:. ,l f Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer--Title(s): Top of thumb here Partner—C Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: 0 t999 National Nc"Maootallon"a=Do Seta Ave.,RO.Box 2402•Chatawarth.CA 91313.2402•www.notlorwtumry.org Prod.No,$907 Rsordor Call ib9-P'rae 14tO-975fi527 EXHIBIT "A" DERWA—SAN RAMON VALLEY RECYCLED WATER PROGRAM SURFACE ACCESS EASEMENT ALL that real property situate in the County of Contra Costa,State of California, described as follows: A strip of land 20.00 feet in width,being a portion of the Former Southern Pacific Railroad Right of Way as shown in the Record of Survey 2059, filed June 14, 1994,in Book 104 at Page 25 of LSM, Contra Costa County Records,the center line of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 73*52' 04" West for the purpose of this description;thence North 340 50' 25"West along said westerly line 18.67 feet to the TRUE POW OF BEGINNING;thence North 550 09' 35"East departing said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,Ponderosa Village,filed August 10, 1994, in book 375 at Page I of Maps,in said county records), 110.00 feet;thence North 340 50' 25"West on a line parallel with and 40.00 feet distant westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1849.24 feet,thence North 79"50' 08"West,50.22 feet;thence North 340 50'09"West, 3446.72 feet; thence North 34*00' 23"West 337-58 feet;thence North 32*37'26"West 159.97 feet, thence North 31*38' 32"West,281.32 feet;thence North 30* 31' 34"West, 161.74 feet;thence North 280 49' 09"West 168.16 feet;thence North 73*49' 11"West 77.19 feet;thence North 280 48' 52"West,7657.76 feet;thence North 16* 10' 51"East 73-55 feet;thence North 280 48' 16" West, 1079.74 feet; thence North 290 53' 43"West,274.95 feet to a point 29.00 feet distant westerly from the easterly line of Parcel 61B as shown on Page 35 of said Record of Survey,said Parcel 61B described in said deed(13358 OR 487); thence North 28*49' 25"West on a line parallel with said easterly line, 220.61 feet to a point of terminus on the most southerly line of Bollinger Canyon Road as said road appears in said Record of Survey. The sidelines of said strip of land to be lengthened or shortened on the southwest so as to terminate on the most easterly sterly line of said lot. The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line of Bollinger Canyon Road. Excepting therefrom those portions lying within Alcosta Boulevard, Pine Valley Road,and Montevideo Drive. Said parcel containing 7.23 acres,more or less. THIS LEGAL DESCRIPTION WAS PREPARED BY LANG ME OR UNDER MY DIRECTION IN CONFORMANCE 4 WITH THE REQUIREMENTS OF THE PROFESSIONAL U IT 00 SURZVEYO ACT,MARCH 2003. -J ­5 NO 7634 z M 15Z EX /Z/ 7- oyr L. ON OF EXHIBIT 461199 DERWA—SAN RAMON VALLEY RECYCLED WATER PROGRAM SUB-SURFACE EASEMENT ALL that real property situate in the County of Contra Costa, State of California,described as follows: A strip of land of variable width,being a portion of the Former Southern Pacific Railroad Right of Way as shown in the Record of Survey 2059, filed June 14, 1994,in Book 104 at Page 25 of LSM, Contra Costa County Records,the centerline of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip' of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 730 52' 04"West for the purpose of this description;thence North 34* 50' 25"West along said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,Ponderosa Village, filed August 10, 1994,in book 375 at Page I of Maps, in said county records) 14.67 feet to the TRUE POINT OF BEGINNING; thence North 550 09' 35"East departing said westerly line, 106.00 feet;thence North 340 501 25"West on a line parallel with and 44.00 feet distant westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1851.52 feet; thence North 79*50" 08"West,departing from said parallel line, 50.23 feet;thence North 34*501 09"West,3448.48 feet; thence North 34*00' 23"West, 337.64 feet; thence North 320 371 26"West, 160.06 feet;thence North 31°38' 32"West,281.39 feet; thence North 300 31' 3411 Welty 161.85 feet;thence North 28*49' 09"West, 182.12 feet to a point designated for the purpose of this description as Point"A!';thence North 73*49' 11"West, 65-60 feet;thence North 280 48' 52"West,7656.20 feet to a point designated for the purpose of this description as Point'13";,thence North 160 10' 51"East, 57.98 feet; thence North 28* 48' 16"West, 1089.35 feet; thence North 29* 53' 43"West,274.95 feet to a point 33.00 feet distant westerly from the easterly line of Parcel 61B as shown on Page 35 of said Record of Survey, said Parcel 61B described in said deed(13358 OR 487); thence North 280 49' 25" West on a line parallel with said easterly line,220.04 feet to a point of terminus on the most southerly line of Bollinger Canyon Road as said road appears in said Record of Survey. re portion of this strip from the TRUE POINT OF BEGD41NG to Point"A"being 12.00 t in width;the portion of this strip from Point"A"to Point"B"being 6.00 foot in width, and the portion of this strip from Point"B"to the point of terminus being 12.00 foot in width. The sidelines of said strip of land to be lengthened or shortened on the southwest so as to terminate on the most easterly line of said lot. The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line of Bollinger Canyon Road. Page 1 of 2 Excepting therefrom these portions lying within Alcosta Boulevard,Pine Valley Road, and Montevideo Drive. Said parcel containing 3.28 acres,more or less. ANC3 S�9 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE 0 .0 WITH THE REQUIREMENTS OF THE PROFESSIONAL :3 No LS 7b34 z LAND SURVEYORS ACT,MARCH 2003 &p. #r CPO- L.HAMPTON L.S. 7634 C U t Page 2 of 2 �- t'7ad tj+ 3 tZ 31 Y � : I 1 �' ~ i d I47a3Moil . lI1 �y'.y maI if i9 Ail it M � 1, �' •'q mwo Yis 3Htlw2lvH L » wam} ojvf i 74 14-v 1 a � A# li x 3 11 tZS736X) 'W'1'43 x4) c � I 'ON V33431 } LWANY3 dddi 01 SIM so I ewm to 1 ! } } I w m } } } ! 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( A w�•Ywwwwwtlaw++ur�•ytla+,r...r.tl.w....nu EXHIBIT "D - I" DERWA--SAN RAMON VALLEY RECYCLED WATER PROGRAM TEMPORARY CONSTRUCTION EASEMENT— Alameda I Contra Costa County Line to Alcosta Blvd._ ALL that real property situate in the County of Contra Costa,State of California,described as follows: A strip of land 25.00 feet in width,being a portion of the Former Southern Pacific Railroad Right of Way as shown in the Record of Survey 2059,filed June 14, 1994,in Book 104 at Page 2S of LSM, Contra Costa County Records,the center line of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 730 52' 04" West for the purpose of this description;thence North 34°50'25"West along said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,Ponderosa Village,filed August 10, 1994, in book 375 at Page 1 of Maps, in said county records)21.20 feet to the TRUE POINT OF BEGINNING;thence North 5S®09'35"East departing said westerly line, 112.50 feet;thence North 34°50'25"West on a line parallel with and 37.50 feet distant westerly from,the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1720.73 feet to a point of terminus on the most southerly line ofAlcosta Boulevard as said road appears in said Record of Survey. The sidelines of said strip of land to be lengthened or shortened on the southwest so as to terminate on the most easterly line of said lot.The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line ofAlcosta Boulevard. Said parcel containing 1.0 acre,more or less. )_AND N-4 THIS LEGAL DESCRIPTION WAS PREPARED BY t ' L. ME OR UNDER MY DIRECTION IN CONFORMANCE --3 No CS 7634 � M WITH THE REQUIREMENTS OF THE PROFESSIONAL � Exp 4440 ;:INE SUR O ACT,JUNE 2003. OF C L. PION L.S. 7634 EXHIBIT "D - 2" DERWA--SAN RAMON VALLEY RECYCLED WATER PROGRAM TEMPORARY CONSTRUCTION EASEMENT— (,AIcosta Blvd. to Pine Valley Road) ALL that real property situate in the County of Contra Costa,State of California, described as follows: A strip of land 25.00 feet in width,being a portion of the Former Southern Pacific Railroad Right of Way as shown in the Record of Survey 2059, filed June 14, 1994,in Book 104 at Page 25 of LSH Contra Costa County Records,the center line of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 73°52' 04" West for the purpose of this description;thence North 34° 50' 25"West along said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,Ponderosa Village,filed August 10, 1994,in book 375 at Page 1 of Maps,in said county records)21.20 feet; thence North 55°09' 35"East departing said westerly line, 112.50 feet;thence North 340 50' 25" West on a line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1826.57 feet to most northerly line of Alcosta Boulevard and the TRUE POINT OF BEGINNING;thence continuing North 340 50' 25" West,21.14 feet;thence North 79°50' 08"West,57.30 feet;thence North 340 50'09"West, 3440.77 feet;thence North 340 00'23"West, 337.62 feet;thence North 32°37' 26"West, 160.02 feet;thence North 31°38' 32"West,281.36 feet;thence North 30°31' 34"West,19.04 feet to a point of terminus on the most southerly line of Pine Valley Road as said road appears in said Record of Survey. The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the most northerly line ofAlcosta Boulevard The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line of Pine Valley Road. Said parcel containing 2.5 acres,more or less. XAN THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR.UNDER MY DIRECTION IN CONFORMANCE � c WITH THE REQUIREMENTS OF THE PROFESSIONAL -j -� No LS163A z Exp LAND SURVEY CT,JUNE 2003 OF t� INE L. L.S. 7634 ""` EXHIBIT "D - 3" DERWA—SAN RAMON VALLEY RECYCLED WATER PROGRAM TEMPORARY CONSTRUCTION EASEMENT— (Pine Valley Road to Montevideo Drive) ALL that real property situate in the County of Contra Costa,State of California, described as follows: A strip of land 25.00 feet in width,beim a portion of the Former Southern Pacific Railroad Might of Way as shown in the Record of Survey 2059,filed June 14, 1994,in Book 104 at Page 25 of LSM, Contra Costa County Records,the center line of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 730 52' 04" West for the purpose of this description;thence North 340 50' 25"West along said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,ponderosa Village,filed August 10, 1994,in book 375 at Page 1 of Maps,in said county records)21.20 feet; thence North 55°09' 35"East departing said westerly line, 112.50 feet;thence North 340 50' 25" West on a line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1847.71 feet;thence North 790 50' 08" West,57.30 feet;thence North 340 50' 09"West,3440.77 feet;thence North 340 00' 23"West, 337.62 feet;thence North 320 37' 26"West, 160.02 feet;thence North 310 38' 32"West,281.36 feet; thence North 300 31' 34"West,79.35 feet to the most northerly line of Pine Valley Road and the TRUE POINT OF BEGINNING;thence North 300 31' 34"West, 82.46 feet;thence North 281149' 09"West, 167.16 feet;thence North 730 49' 11"West,70.12 feet;thence North 280 48' 52"West, 5031.70 feet to a point of terminus on the most southerly line of Montevideo Drive as said road appears in said Record of Survey. The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the most northerly line of Pine Valley.The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line of Montevideo Drive. Said parcel containing 3.0 acres,more or less. �� \„ANl7 �HIS LEGAL DESCRIPTION WAS PREPARED BY v, 0 0 ME OR UNDER MY DIRECTION IN CONFORMANCE � No LS 7634 � � WITH THE REQUIREMENTS OF THE PROFESSIONAL L ND SUR VE ACT, JUNE 2003 OF G FINE L. MPTON L.S. 7634 EXHIBIT "D - 4" DERWA—SAN RAMON VALLEY RECYCLED WATER.PROGRAM TEMPORARY CONSTRUCTION EASEMENT— (Montevideo Drive to Bollineer Canyon Road) ALL that real property situate in the County of Contra Costa, State of California, described as follows: A strip of land 25.00 feet in width,being a portion of the Former Southern Pacific Railroad Right of Way as shown in the Record of Survey 2059, filed June 14, 1994,in Book 104 at Page 25 of LSM, Contra Costa County Records,the center line of which is described as follows: COMMENCING at the intersection of the most westerly line of the 100.00 foot wide strip of land as shown on Page 50 of said Record of Survey and of the line dividing Alameda and Contra Costa Counties as said county line was established by an agreement between the Boards of Supervisors of said counties,in December of 1960,the bearing of said county line being taken as South 730 52' 04" West for the purpose of this description;thence North 34°50'25"West along said westerly line(said westerly line also being the most easterly line of Lot"B"as shown in Subdivision 7883,Ponderosa Village,filed August 10, 1994,in book 375 at Page 1 of Maps,in said county records)21.20;thence North 55°09' 35"East departing said westerly line, 112.50 feet;thence North 340 50' 25"West on a line parallel with and 37.50 feet distant westerly from the most easterly line of the 50.00 foot wide strip of land as shown on said Record of Survey, 1847.71 feet;thence North 790 50' 08"West,57.30 feet;thence North 34° 50'09"West,3440.77 feet;thence North 34°00' 23"West,337.62 feet; thence North 320 37' 26"West, 160.02 feet;thence North 31°38' 32"West, 281.36 feet;thence North 30°31' 34"West, 161.81 feet;thence North 28°49'09"West, 167.16 feet;thence North 73° 49' 11"West,70.12 feet;thence North 28°48' 52"West,5091.40 feet to the most northerly line of Montevideo Drive and the TRUE POINT OF BEGINNING;thence North 28°48' 52"West,2581.43 feet;thence North 16° 10' 51"East, 66.47 feet;thence North 28°48' 16"West, 1078.67 feet;thence North 29°53' 43"West,274.96 feet to a point 31.50 feet distant westerly from the easterly line of Parcel 61B as shown on Page 35 of said Record of Survey,said Parcel 61B described in said deed (13358 OR 487);thence North 28°49' 25"West on a line parallel with said easterly line,220.25 feet to a point of terminus on the most southerly line of Bollinger Canyon Road as said road appears in said Record of Survey. The sidelines of said strip of land to be lengthened or shortened on the south so as to terminate on the most northerly line of Montevideo Drive. The sidelines of said strip of land to be lengthened or shortened on the north so as to terminate at the most southerly line of Bollinger Canyon Road. Said parcel containing 2.5 acres,more or less. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE D � No lS 7634 O M WITH THE REQUIREMENTS OF THE PROFESSIONAL * Exp # LA SUR.VE ACT,TUNE 2003 r OF cAL��� E O L.S. 7634