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HomeMy WebLinkAboutMINUTES - 07121994 - 1.28 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA ' Adopted this Resolution on July 12, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 94/ 348 Government Code § 25526.6 SUBJECT: Conveyance of Easement to Central Contra Costa Sanitary District Las Trampas Creek, Fourth Street Project No. 7505-6F8337 Lafayette Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County Flood Control &Water Conservation District acquired certain real property by deed recorded on October 22, 1942, in Book 4227 at page 26, in the Lafayette area, for flood control purposes. The Central Contra Costa Sanitary District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for the construction and maintenance of sanitary sewer facilities. 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. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Central Contra Costa Sanitary District, over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. I hereby certify that this Is a true and correct copyof an action taken and entered Jon the minutes of the ATTESTED:p�`1 Board Of su shown. PHIL BATCHELo Clerk of the Board of supervisors and my Administrator Orig. Dept.: Public Yorks (R/P) By Contact: Pat Sm ers (313-2222) cc: Public Works Accounting Public Works Records Grantee (via R/P) Ps:glo gArea1prop\br2712.t7 RESOLUTION NO. 94/ 348 EXHIBIT A REAL PROPERTY in the city of Lafayette, county of Contra Costa, state of California described as follows: Portions of Lots 1 and 2, Block 9 as shown upon Map No. 1 of Lafayette Homesites filed on October 16, 1914 in Book 12 of Maps at page 266, said county records described as follows: A strip of land 20 feet wide the centerline of which is described as follows: Commencing at the southeasterly corner of Lot 19, Block 8 of said Map; thence south 63' 23' 59" west 0.28 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 12' 34' 55" east 85.02 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 43' 34' 01" east 97.55 feet to the POINT OF BEGINNING being a point on the easterly line of Fourth Street as shown upon said Map, said easterly line having a bearing of north 12' 34' 58"east (north I 1' 43' 30" east- map bearing); thence from said POINT OF BEGINNING north 82' 59' 41" east 25.71 feet; thence north 59' 22' 23" east 112.42 feet to a point on the easterly line of said Lot 1, said point bears south 7' 40' 28" west 12.74 feet from the northeasterly corner of said Lot 1. The sidelines of said 20 foot strip of land shall be lengthened or shortened to terminate in the east at said easterly line of Lot 1 and in the west at said easterly line of Fourth Street. Containing a total of 2763 square feet, more or less. Bearings for the above description are based on the California State Plane Coordinate System (1927), Zone 3. a No.s m F CAUE���\ A.P. 233-060-038 PED\A:\4785C1.EMT Exhibit A Page 1 of 1 January 6, 1994 Recorded at the request of: p Central Contra Costa Sanitary District G D U y After recording return to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Ricardo Hernandez A.P.N. 233-060-038 GRANT OF EASEMENT For good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter called DISTRICT, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT hereinafter called GRANTEE, an non-exclusive sub-surface and non-exclusive surface easement, for the purpose of installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a sanitary sewer pipeline and appurtenances and for no other purposes whatsoever, together with the right of reasonable access to said easement over and across the real property as shown on Exhibit "B" attached hereto, situate in the City of Lafayette, County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT "A" The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges DISTRICT'S title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction, installation, reconstruction, removal, replacement or upgrade of the pipeline within the subject easement area, submit specific plans and specifica- tions to 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. Such approval shall not be unreasonably withheld. 3. DISTRICT reserves its prior rights to use any and all of said lands for public purposes in a manner which is not inconsistent with GRANTEE's use. GRANTEE's use of this easement and the exercising of any rights hereunder shall, in no way, interfere with DISTRICT's use of said lands. 4. 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 DISTRICT. Such approval shall not be unreasonably withheld. 5. Any and all DISTRICT 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 to do so, said work may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 6. GRANTEE agrees that DISTRICT assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from DISTRICT's operations and use of said land. This non-assumption of responsibility does not extend to damages resulting from District's sole negligence or willful misconduct. 7. Nothing herein contained shall be construed to prevent DISTRICT from granting other easements over said lands or using said lands for any and all purposes, provided, however, that DISTRICT shall not unreasonably prevent or obstruct GRANTEE's easement rights hereunder, subject to the provisions as contained in paragraph 3 above. 8. GRANTEE shall defend, indemnify, save, protect, and hold harmless the DISTRICT, its agents and employees, of and from any and all claims, demands, costs, damages, losses and liabilities, including reasonable attorney's fees, for any damage, injury or death to persons or property, including inverse condemnation liability, and without limitation all consequential damages, arising out of or connected with this Grant of Easement any act or omission taken by GRANTEE pursuant to this Grant of Easement or the exercise of GRANTEE of the rights herein granted to it. 9. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event GRANTEE abandons any of its facilities or fails to use the easement for the purpose for which it is granted, then all rights of GRANTEE in and to said lands shall hereupon cease and terminate and title thereto shall immediately revert to and vest in the DISTRICT or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by DISTRICT, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said property to, or as near as possible to, its original condition. Upon failure of GRANTEE so to do, said 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. 10. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT. 11. 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 DISTRICT, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 12. 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. The easement granted herein includes the free right of ingress and egress over and across the remaining portion property, insofar as such right is necessary to the proper use of the rights here granted and does not interfere with District's use of said property. 13. 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 day of 19 CQO TRA COSTACOUNTY FLOOD CONTROL WATER NSE DISTRICT By dhair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On July 12, 1994 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Thomas M. Powers who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/- her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: &" Deputy Clerk PS:gto g:Vea1propVEA17L2fa A6 EXHIBIT A REAL PROPERTY in the city of Lafayette, county of Contra Costa, state of California described as follows: Portions of Lots 1 and 2, Block 9 as shown upon Map No. 1 of Lafayette Homesites filed on October 16, 1914 in Book 12 of Maps at page 266, said county records described as follows: A strip of land 20 feet wide the centerline of which is described as follows: Commencing at the southeasterly corner of Lot 19, Block 8 of said Map; thence south 63* 23' 59" west 0.28 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 12° 34' 55" east 85.02 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 43° 34' 01" east 97.55 feet to the POINT OF BEGINNING being a point on the easterly line of Fourth Street as shown upon said Map, said easterly line having a bearing of north 12" 34' 58" east (north 11 ° 43' 30" east - map bearing); thence from said POINT OF BEGINNING north 82° 59' 41" east 25.71 feet; thence north 59` 22' 23" east 112.42 feet to a point on the easterly line of said Lot 1, said point bears south 7` 40' 28" west 12.74 feet from the northeasterly corner of said Lot 1. The sidelines of said 20 foot strip of land shall be lengthened or shortened to terminate in the east at said easterly line of Lot 1 and in the west at said easterly line of Fourth Street. Containing a total of 2763 square feet, more or less. Bearings for the above description are based on the California State Plane Coordinate System (1927), Zone 3. �r M0.sm \�F SOF CAL�F�F� A.P. 233-060-038 PED\A:\4785C1.EMT Exhibit A Page 1 of 1 January 6, 1994 EXHIBIT. B CENTRAL CONTRA..CS1?`:,' l(TARY DISTRICT RIGHT 017 ,14 '` ` 4 ' lor SEWER r,ill ' 71.24' S86° 02'17''E Ln o LA 20' SEWERLp A.P.233-060-020 i EASEMENT ~ / rn 45.08' S88° ' 10' 00 N N ' o `n / '� o P.O.B. 41'E C'C.C,F•CVA & - - - _ _ _4227 O.R. 26 114-57' 233-060-038` — / 3 S77°25-3"E D C1 j / s A.P. 233-060-41 g n 2"X2" REDWOOD @�» HUB & TACK L>rp) LS 6690 = ° � v7 ir W 1� O - - N N 233-06 A.P. 0-023 z 2"X2" REDWOOD HUB & TACK LS 6690 LAND SO A Cy GF`o9 N EXP. 121-95 0 to No.5265 z 0 30 60 P FEET lF OF CAQ ' M DRAWN BY CHECKED BY THOMAS BRO. JOB NO. MW RH/EAC 72B3 X4785 a SCALE DATE GO.ASSMT.NO. PARCEL 1" - 30' 1-6-94 233-060-038 1 7f?: BOARD OF SUPERVISORS Contra FROM: Mark Finucane, Health Services Director ; Costa County ►44., DATE: June 23, 1994 T,curifi SUBJECT: Authorization of Indemnification of Contra Costa Community College District for Use of the Contra Costa College Site for a Household Hazardous Waste Collection Event SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairman of the Board of Supervisors to sign a letter providing indemnification and saving and holding harmless the Contra Costa Community College District from liability for use of the premises known as Contra Costa College by the Health Services Department for holding a household hazardous waste collection event on August 13 and 14, 1994. FINANCIAL IMPACT: None. BACKGROUND: Health Services Department conducts household hazardous waste collection events at various sites throughout the County. We have required that all property owners of sites to be used in this program be tied into the contract between Contra Costa County and Rollins CHEMPAK, Inc. through a third party agreement in order for Rollins to name them as additional insured. The Board of Supervisors approved a third party agreement form and authorized William B. Walker, Health Officer, to sign the agreement. CONTINUED ON ATTACHMENT: _AYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July- 1Z, 1994 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X _UNANIMOUS(ABSENT - -i AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE'SHOWN, Contact: Robin Bedell-Waite 6-2286 cc: County Administrator ATTESTED July--12 , 1994 Health Officer PHIL BATCHELOR,CLERK OF THE BOARD OF Risk Management UPERVI ORS AND COUNTY ADMINISTRATOR Contra Costa Community College District BYAAAJ 'DEPUTY M382 (10/88) The Contra Costa Community College District, however, has a written district policy which specifically prevents them from entering into any third party agreements. As they do require indemnification by the County for any liability arising out of the County's use of the Diablo Valley College site we are requesting the Chairman of the Board of Supervisors to sign the attached letter providing this indemnification. CONSEQUENCES OF NEGATIVE ACTION: The Health Services Department will not be able to implement a household hazardous waste collection event at Contra Costa Collection August 13 and 14, 1994 . cc: County Administrator Health Officer Risk Management Contra Costa Community College District Phil atchelor The Bard of Supervisors Contra Clerk Bahe Board CostaCounty Administration Building County Administrator 651 Pine Street, Room 106 (510)646-2371 Martinez,California 94553-1293 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District �\' Mark DeSaulnier,4th District -� Tom Torlakson,5th District °' srq-cdUK`t't Contra Costa Community College District 500 Court Street Martinez, CA 94553 To whom it may concern: Re: Use of Contra Costa College Parking Lot on Saturday and Sunday, August 13 & 14, 1994 for the Household Hazardous Waste Collection Program The County of Contra Costa has been self-insured for all liability risks including medical malpractice and workers ' compensation arising from its operations, owned property, equipment and leased property and equipment since 1976 . The County's self-insurance program provides for the legal defense of officials and employees pursuant to Government Code Sec. 825 and payment of all sums which it is obligated to pay by reason of liability imposed by law and arising from their acts or failure to act, excepting exemplary or punitive damages . This protection covers services performed by officers or employees within the scope of their official duties in accordance with the conditions of their employment or services. With respect to workers ' compensation benefits, the County provides workers ' compensation benefits to all of its employees as required by California State Compensation laws. The self-insurance programs are prefunded to provide funds for payment of claims . Indemnification. The County shall defend, indemnify, save and hold harmless Contra Costa Community College District and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to persons or property, from any cause whatsoever arising from use or occupancy by the County. County will make good to and reimburse Contra Costa Community College District for any expenditures, including reasonable attorneys ' fees the District may make by reason of such matters and, if requested by Contra Costa Community College District, will defend any such suits at the sole cost and expense of the County. Sincerely,..- TOM POWERS Chair, Board of Supervisors TP:Py cc: Health Services Dept.