HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-325 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
CALIFORNIA
Adopted this Resolution on June 15, 2404 by the following vote: '
AYES: SUPERVISORS GIOL4, UILKEMA, GREENBERG, DESAULNIER AND GLOVER.
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 20041 325
Deerings Water Code,Uncodified Acts
Act 1656 § 31
West's Water Code,Appendix 64-31
Government Code § 25526.6
SUBJECT: ADOPT Resolution No.2004 approving the conveyance of a utility easement to
the City of Oakley, in connection with Drainage Area 30A Basin and Subdivision
7657
Project No. 7505-6F8303
Oakley Area. District V.
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control
and Water Conservation District RESOLVES THAT:
The Contra Costa County Flood Control and Water Conservation District acquired certain
real property by deed recorded on August 2, 1991, in Book 16779 at page 841,in the Oakley area.
The City of Oakley has requested an easement over a portion of said property,described in Exhibit
"A"attached hereto,for a Public Utility Easement. 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.
California Environmental Quality Act(CEQA)analysis was conducted on Subdivision 7657.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to the
City of Oakley,pursuant to Government Code Section 25526.6,and the Chair,Board of Supervisors,
is hereby AUTHORIZED to execute a Grant of Easement on.behalf ofthe District,in consideration
for the payment received in full in the amount of$1,000.
The Real Property Division is DIRECTED to cause said Easement Deed to be delivered to
the grantee.
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G:iGrpData\ReaiProp12004-Files\BOS&RESIBR.27APablic Utility Essement.doc I hereby certify that this is a true and correct
copy of an action taken and entered on the
Orig.Dept.: Public Works(R/P) minutes of the Board of Supervisors on the
Contact: C.Piila-Sandoval(313-2012) date shown.
Recording to be completed by City of Oakley ATTESTED: JUNE 15, 2004
cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of
Public Works Records Supervisors and County Administrator
Grantee(via R/P)
Recorder(via R/P) BY Deputy
Community Development Dept.
Board Orders Clerk Specialist,Adm.
Jason Vogan,City of Oakley
RESOLUTION NO. 20041 325
f
EXHIBIT "A"
PROPERTY DESCRIPTION
PUBLIC UTILITY EASEMENT
REAL PROPERTY IN THE CITY OF OAKLEY, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE GRANT
DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT RECORDED AUGUST 2, 1991 IN BOOK. 16779 OF OFFICIAL RECORDS AT PAGE 841,
CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 AS DESCRIBED IN THE GRANT
DEED TO THE CITY OF OAKLEY RECORDED JULY 1, 2002 AS DOCUMENT 2002-0231502,
CONTRA COSTA COUNTY RECORDS, SAID POINT OF BEGINNING BEING ALSO ON THE
NORTH LINE OF OXFORD DRIVE(56' WIDE);THENCE ALONG THE NORTH LIME OF OXFORD
DRIVE, NORTH 89°24'47" WEST 15.62 FEET; THENCE LEAVING SAID NORTH LINE OF
OXFORD DRIVE, NORTH 45°5171" EAST 10.78 FEET; THENCE NORTH 00°5121" EAST 37.00
FEET; THENCE SOUTH 89°08'39" EAST 8.00 FEET TO THE WEST LINE OF SAID PARCEL 2;
THENCE ALONG SAID WEST LINE OF PARCEL 2, SOUTH 00°51'21" WEST 44.55 FEET TO THE
POINT OF BEGINNING.
CONTAINING 385 SQUARE FEET MORE OR LESS.
END OF DESCRIPTION
A PLAT SHOWING THE ABOVE DESCRIBED AREA AND LABELED P.U.E. IS ATTACHED
HERETO AND MADE A PART HEREOF.
4—�.------ —- %L LA S
jDavidF.Yatrington P.L.S 5996 CJ .ps: 12- cc
31-2000 CL N0.
5996 0
Exp. 12-31.2004 0
DATE: Cs :. ►, 2-063 (P
DEA Job No. HALP0000-0014
CALIF�Q`
P:ViALP0000-00 WHALP00141SVMocuments\Lcgal description PUE.doc
Recorded at the request of:
City of Oakley
After recording return to:
City of Oakley
3639 Main Street
Oakley, CA 94581
Attention: Jason Vogen
Portion A.P.N. 034-010-031
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 FLOOD CONTROL AND (NATER CONSERVATION DISTRICT, a political
subdivision of the State of California, (hereinafter"DISTRICT"),hereby grants to the City of
Oakley, a municipal corporation, State of California, (hereinafter "GRANTEE"), a
nonexclusive right to a perpetual easement and right of way for installing, constructing,
reconstructing, removing., replacing,repairing,upgrading,maintaining,operating and using
the Public Utility Easement and appurtenances thereto, and for no 'other purposes
whatsoever, along and in all of the hereinafter described parcel of land situated in the
County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "g„
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement (hereinafter the "Property") is for flood control purposes, including,
but not limited to,the right to install, construct, reconstruct, remove, replace, repair,
upgrade, maintain, and operate facilities which conveys water for such purposes.
Underground utility facilities may already be in place and it is anticipated that, in the
future, additional utility facilities may be constructed or installed on the Property.
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 easement area in any manner that will
interfere with or impair the DISTRICT's primary use of the Property. GRANTEE
shall not fence said easement without the prior written approval of the DISTRICT,
and shall remove any fencing when requested by DISTRICT to do so. GRANTEE
shall not otherwise obstruct the easement area.
2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the
Property and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation,installation or plantings
within the easement area, submit specific plans and specifications to the DISTRICT
for review and approval. Such approval,together with any additional requirements
to be in the form of a written permit issued by DISTRICT to GRANTEE.
(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing pipelines, shall not require prior notice
to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4. MODIFICATION RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
DISTRICT reserves the right to require GRANTEE to modify its faculties,to relocate
said facilities within the easement area or, at DISTRICT's sole discretion,to remove
its facilities from the easement area 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 current
easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the
vacated easement area.
5. DAMAGE TO DISTRICT P'ROP'ERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be
repaired or replaced by DISTRICT, with all reasonable costs and expenses to be
paid by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses)or shall be repaired or replaced by GRANTEE, at
the sole cost and expense of GRANTEE, equivalent to or better than their existing
condition. in the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by 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 GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand,including but not limited to engineering casts and any legal
expenses incurred to collect such costs.
6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements,caused by or resulting from DISTRICT's use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE.to provide and maintain adequate protection and surface markings for its
own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the sole, active negligence or willful
misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost and
expense or, at the discretion of and upon written notice from DISTRICT, the
damage shall be repaired by GRANTEE and the pre-approved reasonable cost of
such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT
have any liability to GRANTEE or to any other person or entity,for consequential or
2
special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this
Grant of Easement, shall be to require DISTRICT to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
7. mnN.FXCLUSIVE EASEIAENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. DISTRICT shall have the right to require GRANTEE to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost
as reasonably necessary to accommodate the DISTRICT's, or any other existing
user's right to construct, replace,enlarge, repair, maintain and operate its facilities,
in the same manner as required by Section 4 of this easement, including the rights
and remedies contained therein.GRANTEE agrees to take all precautions required
to avoid damage to the facilities of the existing users. If GRANTEE damages the
facilities or improvements of any existing user, GRANTEE shall repair or replace
such facilities at GRANTEE's sole cost and expense.Nothing contained herein shall
be construed to prevent 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.
8. INDEIUINIEICATIUN ASIS CONDITION OF PROPERTY: (a) In the exercise of all
rights under this easement, GRANTEE shall be responsible for any and all injury to
the public,to persons and to property arising out of or connected with GRANTEE's
use of the Property. GRANTEE shall indemnify, defend, save, protect and hold
harmless, DISTRICT, its officers, agents, employees and contractors from and
against any and all threatened or actual loss, damage (includingforeseeable and
unforeseeable consequential damages),liability,claims,suits,demands,judgments,
orders, costs, fines, penalties or expense of whatever character,',including but not
limited to those relating to inverse condemnation, and including attorneys' fees,
(hereinafter collectively referred to as"Liabilities")to persons or property, direct or
consequential, directly or indirectly contributed to or caused by the granting of this
easement, GRANTEE's operations,acts or omissions pursuant to this easement,or
the GRANTEE's use of the easement, save and except Liabilities arising through
the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees. GRANTEE acknowledges that Property subject to this easement is in a
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or
assert any right or action against DISTRICT or the County of Contra Costa in the
event of damage to or disruption of GRANTEE's facilities caused or contributed to
by flooding or water, and shall indemnify, defend,save, protect and hold DISTRICT
harmless from all Liabilities resulting from such damage or disruption.
3
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 easement area 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 assign 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 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 DISTRICT 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
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 hold 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 priorto or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) caused by the
uncovering, release or excavation of hazardous materials(including petroleum)as a
4
result of GRANTEE's construction, reconstruction,maintenance, use,replacement,
or removal of its facilities, to the extent that such activities increase the costs
attributable to the cleanup or remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
g. 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.
10. ABA 4DO 4MENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons its
facilities or fails to use the easement for the purpose forwhich 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 easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work may be performed by DISTRICT 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.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred,apportioned or assigned without the prior written consent of DISTRICT.
12. 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.
13. 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.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this grant of easement and their counsel have read and reviewed this
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall' not apply to the
interpretation of this grant of easement.
5
15. SUCCRSSQRS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the heirs, successors
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 15th
day of ,DUNE , 2004.
CONTRA COSTA COUNTY FLOOD CITY OF OAKL.EY
CONTROL & WATER CONSERVATION
DISTRICT
By
BY
Ch r, Board of Supe Isors City Engineer
APPROVED AS TO FORM
by County Counsel
June 6, 9997
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA)
On ,NNE 15,20fore me, EMELDA. L. SHARP
Deputy Clerk of the Board of Supervisors, Contra
Costa County, personally appeared
SUI:'. FEDERAL GLOVER , who is personally
known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose
name(s)islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the
same in his/her/their authorized capacity(ies),and that
by his/her/their signature(s) on the instrument the
persons), or the entity upon behalf of which the
person(s)acted executed the instrument.
I
By:
DbPuty Clerk
.csp
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5/24104
6
EXHIBIT "'A"'
PROPERTY DESCRIPTION
PUBLIC UTILITY EASEMENT
REAL PROPERTY IN THE CITY OF OAKLEY, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE GRANT
DEED TO CON'T'RA COSTA COUNTY FLOOD CONTROL AND WATER. CONSERVATION
DISTRICT RECORDED AUGUST 2, 1991 IN BOOK 16779 OF OFFICIAL RECORDS AT PAGE 841,
CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 AS DESCRIBED IN THE GRANT
DEED TO THE CITY OF OAKLEY RECORDED RJLY 1, 2002 AS DOCUMENT 2002-0231502,
CONTRA COSTA COUNTY RECORDS, SAID POINT OF BEGINNING BEING ALSO ON THE
NORTH LINE OF OXFORD DRIVE(56' WIDE);THENCE ALONG THE NORTH LINE OF OXFORD
DRIVE, NORTH 89°24`47" WEST 15.62 FEET; THENCE LEAVING SAID NORTH LINE OF
OXFORD DRIVE, NORTH 45°51'21" EAST 10.78 FEET; THENCE NORTH 00°51'21" EAST 37.00
FEET; THENCE SOUTH 83°08'39" EAST 8.00 FEET TO THE WEST LINE OF SAID PARCEL 2;
THENCE ALONG SAID WEST LINE OF PARCEL 2, SOUTH 00°51'21" WEST 44.55 FEET TO THE
POINT OF BEGINNING.
CONTAINING 385 SQUARE FEET MORE OR LESS.
END OF DESCRIPTION
A PLAT SLOWING THE ABOVE DESCRIBED AREA AND LABELED P.U.E. IS ATTACHED
HERETO AND MADE A PART HEREOF.
David F.YatY rtgwn P.L.S 5996 cc
Expires. 12-31-2000 CL-
No. 59;
Exp. 12-39-2004 '
DATE: tJ G .�s, •�'
DEA Jab No. HALP0000-0014
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EXHIBIT "B" ,
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DRAWN BY: DFY DATE:B-25-03
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OAKt Y CONTRA COSTA CAUFORNiA APN: 34--010 -031