HomeMy WebLinkAboutMINUTES - 06281994 - 1.97 4
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS DATE: June 28, 1994
FROM: Richard J. Martinez, Executive Director cc:
SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE GRANT OF EASEMENT TO THE
CITY OF ANTIOCH FOR THE PURPOSES OF INGRESS AND EGRESS FROM GRANTEE'S
SEWER STORM DRAIN FACILITIES AT CA011003, BRIDGEMONT PUBLIC HOUSING
DEVELOPMENT IN ANTIOCH.
I. RECOMMENDATION:
AUTHORIZE the Executive Director of the Housing Authority to execute the attached Grant of Easement to
the City of Antioch for the purposes of ingress and egress from Grantee's sewer storm drain facilities at CA011003,
Bridgemont Public Housing Development in Antioch.
II. FINANCIAL IMPACT:
None.
III. BACKGROUND
The City of Antioch recently installed a new sewer line through Housing Authority property at CA011003,
Bridgemont Public Housing Development in Antioch. This sewer line replaced an existing deteriorated line running
in approximately the same location. It was found that there was no existing easement for the City to access this line
for maintenance purposes. The City of Antioch requested that and Grant of Easement be made. This Grant of
Easement has been reviewed by County Counsel and was submitted to HUD for their review and approval which was
granted.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve this action, the City of Antioch would be prevented
from satisfactorily maintaining their sewer facilities on Housing Authority property.
CONTINUED ON ATTACHMENT: SIGNATURE:
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE THER
SIGNATURE(S)
ACTION OF BOARD ON PROVED AS RECOMMENDED -----'-OTHER
VOTE OFCOMMISSIONERS
_tLIJNANIMOUS(ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
AYES: NOES: COPY OF AN ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE
DATE SHOWN.
ATTESTED
Phil Batch or,Clerk of the Bo rd of Commissioners
BY I • ` Aa�� ,DEPUTY
Recorded at the request of:
City of Antioch
Return to:
Director of Public Works
City of Antioch
P.O. Box 130
Antioch, CA 94509
GRANT OF EASEMENT
THIS INDENTURE, made by and between the Housing Authority of the County of Contra Costa, a
public body corporate and politic, hereinafter called the Grantor, and the City of Antioch, a
municipal corporation, hereinafter called the Grantee.
WITNESSETH:
That the Grantor, for value received, hereby grants to the Grantee, a non-exclusive access
easement (hereinafter called the "Easement") for the purposes of ingress to and egress from
Grantee's sewer storm drain facilities, in order to install, operate and maintain said facilities, over
the following described real property:
FOR DESCRIPTION SEE EXHIBIT"A' ATTACHED HERETO
AND MADE A PART HEREOF
1. It is understood that the undersigned Grantor grants only the portion of the land described
In said Exhibit "A" which is owned by said Grantor orin which said Grantor has an interest.
Grantee hereby acknowledges Grantor's title to said lands and agrees never to assail or resist said
title.
2. This grant is subject and subordinate to the prior and continuing right and obligation of
Grantor, its successors and assigns, to use all the property described herein and is subject to any
existing encumbrances and rights of record (whether public or private), and also to any renewals
thereof, and Grantor makes no covenant or warranty of title, against any existing encumbrances.
In the event that Grantee's use of.this easement interferes with Grantor's use of its lands, Grantee
shall, at the request of Grantor and at Grantee's sole cost and expense, modify or relocate its
facilities to the satisfaction of Grantor within sixty (60) days after written notice to do so. In the
event Grantee fails to do so, said work may be performed by Grantor, pursuant to the default
provisions set forth herein, at the expense of Grantee, which expense Grantee agrees to promptly
pay upon demand, including engineering costs and any legal fees incurred to collect said costs.
3. The Grantee shall not damage, destroy or interfere with the property of third parties in,
upon or relating to the Grantor's remaining property, unless the Grantee, at its own expense,
settles with and obtains releases from such non-parties.
4. Grantee agrees to defend, indemnify and hold harmless Grantor, its officials, employees,
agents and representatives, from any loss, claim, liability or action, including inverse
condemnation, arising directly or indirectly from, or in any way connected with, the Grantee's use
of this Easement, and will make good to and reimburse the Grantor for any expenditures,
including reasonable attorneys fees, the Grantor may make by reason of such matters. Grantee
further agrees that it shall keep the Easement free from any and all liens arising out of any work
performed or obligation incurred by Grantee.
5. The Easement hereby granted is non-exclusive. The Grantor reserves the right to use and
to grant to others the right,to use the Easement in any manner and for any purpose which does
not unreasonably interfere with or diminish the Easement herein conveyed to Grantee. Grantee
agrees that Grantor assumes no responsibility for the construction, maintenance or repair of
Grantee's facilities resulting from Grantor's operation and use of said land.
6. The Grantee shall not use or permit use of said Easement for any purposes other than
those described in this Easement. The Grantee shall not fence said Easement or otherwise
obstruct the Easement area.
1
7. If the Grantee, in connection with the use of this Easement shall injure, damage or destroy
any property of the Grantor or of any other person lawfully occupying or using the property of the
Grantor, such property shall be replaced or repaired by the Grantee, to the reasonable satisfaction
of the Grantor, at the Grantee's own expense, or by the Grantor, pursuant to the default provisions
set forth herein, at the expense of the Grantee, which Grantee agrees to pay to Grantor promptly
upon demand including engineering costs and any legal fees incurred to collect said costs.
8. If the Grantee abandons the rights herein granted, the Grantor may, at its option, upon
sixty (60) days written notice to Grantee, immediately terminate this Easement. Grantee shall
relinquish any claims to title of said property upon abandonment of the rights herein granted.
9. If the Grantee or Grantor shall fail, refuse or neglect to perform and abide by the covenants
in the Easement, the non-defaulting party may provide the defaulting party with sixty (60) days
written notice of default. The defaulting party shall be responsible to either,cure the default within
the sixty-day period or notify the other party within that time of such reasons as there may be why
the condition is not in default.
10. The Grantee agrees that abandonment or termination of the Easement shall not affect any
rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to
such abandonment or termination.
11. This instrument contains the entire agreement.between the parties relating to the rights
herein granted and the obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect.
12. The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land. However, no
rights granted hereunder shall be transferred or assigned without the prior written consent of
Grantor.
13. Nothing herein contained shall be deemed to construe that any other secondary rights are
conveyed by this document over any of the Grantor's adjacent lands lying outside of the land
above-described.
IN WITNESS WHEREOF, the Grantor has executed this indenture this day of
19
THE HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA
By:
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On , before me Phil Batchelor, Clerk of the Board of Commissioners
of the Housing Authority of the County of Contra Costa and County Administrator, Contra Costa
County, personally appeared , who is personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
By: _
Deputy Clerk
sta7\W.\aas«„enLna
ti
2
EXHIBIT "A"
All that real property in the City of Antioch, County of Contra
Costa, State of California, being a portion of abandoned "J" Street
transferred to the County of Contra Costa, recorded October 16,
1946 in Book 880, Page 282 of Official Records of Contra Costa
County, more particularly described as follows:
Commencing at a concrete. monument with copper dowel center (set by
F.A. Savage, 1941) at the southeast corner of Lot 12 in Block 90 of
the Town of Antioch, said corner also being the intersection of
northerly line of Ninth Street with the Westerly line of "I"
Street; thence along said Northerly line, West, 310 feet, to the
point of beginning of this description; thence leaving said
Northerly line, *North, 460 feet, to the Southerly line of Seventh
Street; thence along said Southerly line, West, - 40 feet; thence
leaving said Southerly. line, South, 460 feet, to the Northerly line
of Ninth Street; thence along said Northerly line, East, 40" feet,
to the point of beginning.
Containing an .area of 0. 422 acres, more or less.
j i%A. i;
S EVENTN STREET
57
WEST
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CITY OF ANTIOCH
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j BY:�RAM Scale: I '=6o' P.W. 490
I Chkd:A- N Date: 3/93 Sht. 2__ of 2
ENDORSEMENT
The undersigned, a duly authorized official of the Department
of Housing and Urban Development, formerly known as the Public
Housing Administration, an agency of the United States of America
created by the United States Housing Act of 1937 , as amended, and
the Department of Housing and Urban Development Act, Public Law 89-
1.74 , as amended (herein called the "Government" ) , does by this
endorsement consent to the attached:
EASE= dated
(Grant Deed, Deed, Easement, Permit, etc. )
19 , from the Housing Authority of
the COU TI.'Y OF CONIM COSTA (herein
c a l l e d t h e L o c a l A u t h o r i t y ) t o
CITY OF =OCH, a =icipal corporation
(grantee, licensee, etc. )
Such consent being required by the terms of a Declaration of Trust
executed by the Local Authority for the benefit of the Government
and the holders of Bonds, Refunding Bonds or Permanent Notes
concerning Project No. CA39-PO11-003
Dated: , 19 .
UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
By
J ian A. Fitz
Director
Office of Public Housing,
Region IX.
STATE OF CALIFORNIA )
COUNTY OF SAN FRANCISCO )
On this '�. cJ 44-- day of
19g
j , before the undersigned, a Notary Public in and for said
City and County , Personally appeared
� 'A Arm-_ ► . '�l-� �,,.. ,� �� , known to me to be an authorized
official of the Department of Housing and Urban Development, the
agency of the United States of America that executed this
ENDORSEMENT, and known to me to be the person who executed the
instrument , on behalf of the agency therein named, and he
acknowledged to me that such agency executed this Endorsement.
Witness my hand and official seal the day and y ear first
above written.
- - 1
L. OF=FICIAL NOTARY SEAL Nota Public in an for said
TYRONE HILL �s
I" y and County and State
Y = Notary PubliSAN FRANCISCO COUI
c—California
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