HomeMy WebLinkAboutMINUTES - 03091993 - 1.4 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 9, 1993, by the following vote:
AYES: Supervisors Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers
RESOLUTION NO. 93/97
(Gov. Code § 25526.5)
SUBJECT: Conveyance of Easement to William and Jean Foskett
Project No. 0662-6U4586
Alamo Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded October 28,
1965, in Book 4982 at page 27 in Alamo, for road purposes. William and Jean Foskett
have requested an easement over a portion of said property, described in Exhibit "A"
attached hereto, to provide road access for the benefit of Subdivision 7725. Said interest
in real property is DETERMINED to be surplus and no longer necessary for County or
other public purposes and its estimated value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the conveyance of an
easement to William Walter Foskett, III and Jean Elizabeth Foskett, pursuant to
Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to
execute a Grant of Easement on behalf of the County in consideration for the payment
received in full in the amount of $1,200, the estimated fair market value of the easement.
The Real Property Division is DIRECTED to cause said easement to be delivered
to the grantee.
I hereby certify that this Is a true and correct copy ->f
an action taken and entert,d on the minutes of ttw
aoard of Supe rvi On the detb shown.
ATTESTED: =_ �. I y 9 3
PHIL BA-i Gn— :.urh of the-Lard
of Supervisors ar,r'C runty Administrator
By ' ' % Deouh
Orig. Dept.: Public Works (RIP)
Contact: Ronald Babst (313-2226)
cc: Public Works Accounting
Public Works Records
Grantee (via R/P)
Recorder (via R/P)
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RESOLUTION NO. 93/977_
EXHIBIT "A"
ACCESS AND UTILITY EASEMENT
FOR
PARCELS "A" AND "B" -- RECORD OF SURVEY (39 LSM 41)
Portion of the Rancho San Ramon being a portion of Vernal Drive, a 50 foot wide private
roadway, and being the easterly portion of the parcel of land described in the deed to
Contra Costa County recorded November 28, 1965, in Book 4982 of Official Records at
page 27. Records of Contra Costa County, State of California, further described as
follows:
BEGINNING at the northeast corner of the parcel of land described in the deed to Contra
Costa County (Book 4982 OR page 27); thence leaving said Point of Beginning along the
easterly line of said County parcel and the westerly line of Parcel "A" as shown on the
Record of Survey filed February 2, 1966, in Book 39 of Land Surveyor's Maps at page
41, South 11°3530" East, 218.34 feet to the southeasterly corner of said County parcel;
then leaving said westerly line of Parcel "A" along the southerly line of said County parcel;
South 78024'30" west. 50.00 feet to the westerly line of Vernal Drive, a private road as
shown on said Record of Survey; thence laving said southerly line parallel to the easterly
boundary of said County parcel north 11 035'30" west, 210.84 feet to a point on the north
line of said County parcel; thence along said north line north 69053'00" east, 50.56 feet
to said Point of Beginning.
The herein described 50 foot wide easement being bounded on the north by Livorna
Road and on the east by said Parcel "A", Record of Survey (39 LSM 41). Said easement
is for the benefit of Parcels "A" and "B" as shown on said Record of Survey (39 LSM 41).
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February 23, 1993
Recorded at the request of:
Contra Costa County
After recording return to:
William Walter Foskett
100 Vernal Drive
Alamo,CA 94507
u - Access ESMt (Vernal rive
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements
contained herein, the receipt and sufficiency of which are hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter
called COUNTY hereby grants to WILLIAM WALTER FOSKETT, III and JEAN ELIZABETH
FOSKETT, hereinafter called GRANTEE, a nonexclusive right for use as a roadway for
vehicles of al kinds, pedestrians, animals, and as a right of way for water, gas, oil and
sewer pipelines, and for telephone, electric light and power lines, together with the
necessary poles or conduits to carry said lines for the benefit of Subdivision 7725 and
for no other purposes whatsoever, over and under the described parcel of land situate
in the unincorporated area of the County of Contra Costa, State of California, and
described in Exhibit "A" attached hereto and made a part hereof.
The foregoing grant is made subject to the following terms and.conditions:
1. GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never
to assail or resist said title.
2. GRANTEE shall, prior to any construction or installation within the subject
easement area, submit specific plans and specifications to COUNTY for review and
approval. Such approval, together with any additional requirements to be in the
form of a written permit issued by COUNTY to GRANTEE.
3. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or
reconstruct its facilities without first obtaining the prior approval of its plans by
COUNTY.
4. Any and all COUNTY facilities, landscaping or miscellaneous improvements,
removed or damaged as a result of GRANTEE's use of said lands shall be
repaired or replaced equivalent to, or better than, their existing condition at the
sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said
work may be performed by COUNTY at the expense of GRANTEE, which expense
GRANTEE agrees to pay to COUNTY promptly upon demand, including
engineering costs and any legal fees incurred to collect said costs.
5. GRANTEE agrees that COUNTY assumes no responsibility for the construction,
maintenance or repair of GRANTEE's facilities resulting from COUNTY's operations
and use of said land.
6. Nothing herein contained shall be construed to prevent COUNTY from granting
other easements over said lands or using said lands for any and all purpose,
provided, however, that COUNTY shall not unreasonably prevent or obstruct
GRANTEE's easement rights hereunder.
7. GRANTEE shall defend, indemnify, save, protect and hold harmless the COUNTY,
its agents and employees, of and from any and all claims, demands, costs,
damages, losses, arising directly or indirectly from or connected with actions, and
liability for any damages, injury or death, including inverse condemnation, of the
exercise by GRANTEE of the rights herein granted to it, including reasonable
attorney's fees.
8. In the event the area described in Exhibit "A" attached hereto becomes part of a
public roadway, these rights under this easement shall be automatically
extinguished.
9. This easement is granted subject to encumbrances, licenses, leases, easements,
restrictions, conditions, covenants, liens, claims of title, and restrictions of record
and any prior rights held by others within said land, against which no warranty is
made, and the word "grant" shall not be construed as a covenant against the
existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold
harmless County, its agents, officers and employees, from any claim, action or
proceeding to attack, set aside, void or annul this easement.
10. 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 9th
day of March , 19-93-.
GRANTOR:
CONTRA COSTA COUNTY
By 1
O'V11 Lksiqvt
Chair, Board of Supervisors
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA )SS.
ACKNOWLEDGMENT BY PUBLIC ENTITY
(C.C. § 1191, 1181, 1184)
Tom Torlakson
who is personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who
executed this instrument as the above-styled officer(s) of
the above-named public corporation, agency or political
subdivision of the State of California; personally
appeared before me today and acknowledged that said
public entity executed it.
Dated: March 9. 1993
Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
6
J
By 2/
Deputy
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February 4, 1993
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EXHIBIT "A"
ACCESS AND UTILITY EASEMENT
FOR
PARCELS "A" AND "B" -- RECORD OF SURVEY (39 LSM 41)
Portion of the Rancho San Ramon being a portion of Vernal Drive, a 50 foot wide private
roadway, and being the easterly portion of the parcel of land described in the deed to
Contra Costa County recorded November 28, 1965, in Book 4982 of Official Records at
page 27. Records of Contra Costa County, State of California, further described as
follows:
BEGINNING at the northeast corner of the parcel of land described in the deed to Contra
Costa County (Book 4982 OR page 27); thence leaving said Point of Beginning along the
easterly line of said County parcel and the westerly line of Parcel "A" as shown on the
Record of Survey filed February 2, 1966, in Book 39 of Land Surveyor's Maps at page
41, South 11035'30" East, 218.34 feet to the southeasterly corner of said County parcel;
then leaving said westerly line of Parcel "A" along the southerly line of said County parcel;
South 78024'30" west. 50.00 feet to the westerly line of Vernal Drive, a private road as
shown on said Record of Survey; thence laving said southerly line parallel to the easterly
boundary of said County parcel north 11 035'30" west, 210.84 feet to a point on the north
line of said County parcel; thence along said north line north 69°53'00" east, 50.56 feet
to said Point of Beginning.
The herein described 50 foot wide easement being bounded on the north by Livorna
Road and on the east by said Parcel "A", Record of Survey (39 LSM 41). Said easement
is for the benefit of Parcels "A" and "B" as shown on said Record of Survey (39 LSM 41).
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February 23, 1993