HomeMy WebLinkAboutMINUTES - 04161996 - C19 RECORDED AT REQUEST OF
Recorded at the request of: CONTRA COSTA COUNT
Contra Costa County sr r/A
Return to: 96 '70904 ((�
Public Works Department
Records section APR 18 1996
AT tYCLU'%W*K
CONTRA COSTA COUNTY RECORDS
STEPHEN L. WEIR
EEE: COUOFF'LNTY ORDER
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 16, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing the Board Chair to sign agreement and Acceptance of Instrument for
recordation.
IT IS BY THE BOARD ORDERED that the Board Chair is authorized to sign the
following instrument and the instrument is accepted for recordation:
INSTRUMENT REFERENCE GRANTOR AREA
Consent to use DP3001-93 Norma Anderson Alamo
Agreement Albert Anderson
Arthur Anderson
Andrew Anderson
Ella Webb
(owners)
RL:mw
g:kngsvc\bo\bol6.t4
Originator. Public Works(ES) I hereby cortih that this Is a true mdCOf 18CtCO�fy01
Contact Rich Lierly-313-2348 an action taken and entered on the minutes t the
Board of SuparrisorsQn shy datag�rn.
/�'�
cc: Recorder(via Clerk)then PW Records p• April 16, 1 gr
Director of Community Development PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By Deputy
� . . ., erg
DISTRICT and OWNERS.
Should OWNERS fail, refuse, or be unable at any time to maintain the above
described insurance coverage, DISTRICT shall have the right, but shall not be required,
to purchase insurance without notice to OWNERS and to recover the cost thereof from
OWNERS. In addition, DISTRICT shall have the right, as its sole option, to require
removal of all or part of the FACILITIES and to declare this agreement terminated. When
notified in writing by DISTRICT,.OWNERS at its expense shall remove the FACILITIES no
later than thirty (30) days after the date of such notice. If OWNERS do not do so within the
allotted time, DISTRICT has the right, at its sole option, to remove the FACILITIES and
recover the full cost thereof (including staff time and overhead)from OWNERS.
10. In the event this Agreement is breached, DISTRICT shall have all of the
remedies specified in the foregoing section and, in addition, shall be entitled to any and
all other remedies available at law or equity. Should DISTRICT file suit to recover the cost
of purchasing insurance or removing the FACILITIES, DISTRICT shall be entitled to
recover all expenses incurred in such litigation, including reasonable attorney's fees, costs
of suit and investigation fees.
11. This Agreement is subject to encumbrances and restrictions of record and any
prior rights held by others within the Easement Area, against which no warranty is made.
12. Should any provision of this Agreement be held invalid or unenforceable by a
court or competent jurisdiction, such holding shall not affect the remaining provisions.
13. No rights granted hereunder shall be transferred or assigned without the prior
written consent of the DISTRICT.
14. This Agreement is an instrument affecting the title or possession of the
property. The terms and conditions herein contained are for the benefit of DISTRICT'S
easement and OWNERS' property, respectively and shall inure to the benefit of and be
binding upon the heirs, successors and assigns of the respective parties to this
Agreement.
S
OWN CONTRA COSTA COUNTY FLOOD
S
CONTROL AND WATER
CONSERVATION ST' ICT
Z;orzAnderson ;Flee
BY
Alert=Andeyrscin- Chair bard of Supervisors
Attest:
ur Anderson Phil Batchelor, County Administrator
Ella Webb I By
Deputy
Andro(w Anderson Recommended for approval:
J. Michael Walfotd, Chief Engineer
prov as to fo
Vict 71oiWoestmanj County ounsel
B
Deputy
MC:sd:cl
9:fiddhDA1DMA12
SqAember 5,1995
Page 3 of 3
RECORDED AT REQUEST OF: Drainage Area 13
County of Contra Costa Development Permit 3001-93
APN 192-082-005
WHEN RECORDED, RETURN TO: 1481 Stonevalley Road
County of Contra Costa Alamo, CA 94507
Public Works Department
255 Glacier Drive
Martinez, CA 94533
Attn: Flood Control Division
CONSENT TO USE AGREEMENT
DATE AND PARTIES: Effective on / * 21" 96 , Contra Costa County Flood
Control and Water Conservation District, a political subdivision of the State of California,
(referred to as "DISTRICT"), and Norma Anderson, Albert Anderson, Arthur Anderson,
Andrew Anderson and Ella Webb (referred to as "OWNERS"), mutually agree, consent,
and promise as follows.
FACTS: District owns and possesses an easement for drainage, flood control and
other purposes as described in the Easement Deed recorded December 20, 1967 in Book
5520, at page 451, Official Records of Contra Costa County. OWNERS have acquired fee
title to certain land by Grant Deed recorded August 1, 1980, in Book 9938, at page 001,
Official Records of Contra Costa County (referred to as the "PROPERTY"). A portion of
the Property is encumbered by and subject to DISTRICT'S easement. The area subject
to the easement described in this section is referred to as the "Easement Area."
DISTRICT and OWNERS mutually agree as follows:
1. DISTRICT consents to OWNERS' use of a portion of the Easement Area for the
construction and maintenance by OWNERS of parking spaces and related improvements
(referred to as the "FACILITIES"). The portion of the Easement Area to which this consent
applies, and the basic design and layout of the FACILITIES, are shown on the
improvement and other site plans for Development Permit 3001-93, approved by the
Contra Costa County. OWNERS shall, prior to any construction or installation within the
subject Easement Area, submit specific plans and specifications to DISTRICT for review
and approval. Such approval, together with any additional requirements to be in the form
of a written flood control permit issued by DISTRICT to OWNERS. OWNERS' construction
and maintenance of the FACILITIES is subject to DISTRICT'S paramount rights to use the
Easement Area for all of the purposes for which it was acquired and is subject to the terms
and conditions contained in this Agreement. DISTRICT does not, by this consent, and
shall not be deemed to, subordinate its rights to any use which OWNERS shall make of
the Easement Area pursuant to the terms of this Agreement. All rights of OWNERS under
this Agreement or at law, shall be subordinate to those of the DISTRICT, its successors
or assigns within the Easement Area.
2. OWNERS, prior to construction and prior to any reconstruction or major
modifications within the Easement Area, shall apply for a flood control permit and submit
specific plans and specifications to DISTRICT for advance review and approval. Owners
shall comply fully with all terms and conditions of the flood control permit.
3. Except as expressly set forth in this Agreement, this Agreement shall not in any
way alter, modify or terminate any provision of DISTRICT'S easement or the priority of
such easement over the title of OWNERS in the Easement Area. OWNERS' use of the
Easement Area, and the exercising of any rights under this Agreement, shall in no way
interfere with DISTRICT'S use of the Easement Area, including, but not limited to, the
maintenance, repair, construction, reconstruction, removal and future expansion of
DISTRICT'S drainage improvements and appurtenances. In the event OWNERS' use
should interfere with DISTRICT'S use or damage DISTRICT'S drainage improvements or
appurtenances or interfere with the future expansion or relocation of the drainage
improvements, OWNERS shall, at the request of DISTRICT, and at OWNERS' sole cost
and expense, modify or relocate the FACILITIES and repair or replace DISTRICT'S
drainage improvements to the satisfaction of DISTRICT within thirty (30) days after written
notice to do so. In the event the OWNERS fail to do so, the work may be performed by
DISTRICT at the expense of OWNERS, which expense OWNERS agree to pay to
DISTRICT promptly upon demand, including staff time, overhead, engineering costs and
any attorney's fees and costs incurred to collect such expense.
Page 1 of 3
CA
4. Except in the case of emergency repairs, OWNERS shall not relocate, modify,
or reconstruct the FACILITIES without first obtaining the prior written approval of its plan
by DISTRICT.
5. OWNERS agree that DISTRICT assumes no responsibility for the construction,
maintenance or repair of the FACILITIES resulting from DISTRICT'S operations and uses
within the Easement Area. If, in the course of DISTRICT'S use of the Easement Area,
damage to the FACILITIES results from the weight of heavy equipment, the removal of
debris or other incident of normal maintenance or construction activities, DISTRICT shall
not be responsible for such damage.
6. The FACILITIES shall at all times be maintained in good, safe and orderly
condition to the satisfaction of DISTRICT at OWNERS' sole cost and expense. In the
event OWNERS fail to do so after reasonable written notice, the DISTRICT may perform
or have the necessary work done at the expense of OWNERS, which expense OWNERS
agree to pay DISTRICT promptly upon demand, including any attorney's fees and costs
incurred to collect such expense.
7. OWNERS shall hold harmless the District and Contra Costa County in the event
of damage to the development as a result of creek bank failure or erosion. The correction
of any damage along the creek bank resulting from this development shall be the sole
responsibility of the OWNERS, subject to the review and approval of the District.
8. OWNERS shall defend, indemnify, save and hold harmless DISTRICT, Contra
Costa County, their boards, officers, agents and employees, from and against any and all
claims, demands, costs, damages, liabilities, losses, actions, causes of action or
judgments resulting from any damage to property, including inverse condemnation, or
• injury, disease, or death of any person, arising directly or indirectly from, or in any way
connected with, the construction, use, operation, maintenance, repair, modification or
reconstruction of the FACILITIES.
9. Promptly upon execution of this Agreement, OWNERS shall, at its own expense,
obtain and maintain during the life of this Agreement the following insurance coverages:
(a) Workers' Compensation Insurance. OWNERS and OWNERS' contractors shall
maintain adequate Workers' Compensation Insurance under the laws of the State of
California, for all labor employed by them or by any person under them, who may come
within the protection of such Workers' Compensation Laws of the State of California, and
shall provide, where practicable, employer's general liability insurance for the benefit of
their employees and the employees of any person under them, not protected by such
compensation laws, and proof of such insurance, shall be given by filing certificates of
such insurance with DISTRICT in form satisfactory to DISTRICT. Such insurance shall be
endorsed to provide that the insurance company or companies waive any right of
subrogation against DISTRICT which might arise by reason of any payment under the
policy or policies.
(b) Comprehensive Liability Insurance. OWNERS and OWNERS' contractors shall
maintain Comprehensive Liability Insurance, including blanket contractual coverage and
coverage for owned and non-owned vehicles, with a minimum combined single limit of
$1,000,000 for all damages due to bodily injury, sickness, disease, death or property
damage, including the loss of use thereof, arising out of each occurrence. Such insurance
shall be endorsed to (a) include DISTRICT, Contra Costa County, their boards, officers,
agents and employees as an additional named insured insofar as OWNERS and
OWNERS' contractors operations under this Agreement are concerned; (b) provide that
notice shall be given to DISTRICT at lease 30 days prior to cancellation or material
change in coverage; and (c) nullify any clause in such insurance policy excluding liability
assumed under this Agreement.
OWNERS and OWNERS' contractors shall furnish to DISTRICT, prior to
commencing construction or installation of the facilities described herein, certificates of
insurance together with copies of necessary endorsements required herein. DISTRICT
shall have the right to inspect original policies of such insurance.
As circumstances change during the term of the Agreement, DISTRICT may from
time to time require, and OWNERS agree to provide, revisions to the foregoing insurance
requirements sufficient in DISTRICT'S opinion to provide adequate protection for both
Page 2 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of &1511,-41 Gl[g sfr? /I CAPACITY CLAIMED BY SIGNER
OnI/ before me, /1 Ai,c:4- ✓•QL,a�oa��.n1h fu r� YU6�/Cr Though statute does not require the Notary to
r✓p' ��°F ,cJ� !//Gc,rt ,4ncJ�e'Sc>.c1 fill in the date below, doing so may prove
personaallyy appeared A/ber f aA n&Psn w, /fir Mu,/-,d r✓,sc•.0 i 6l la wabb. i aluat�e to persons relying on the document.
mmWasaaotm n d r e.{> AnCIe rSo i f ❑INDIVIDUAL
01"Wsormly lomm to me_OR_❑ irovkled to me on the basis of satidactorY evidence tottte ❑CORPORATE OFFICER(S)
persons)whose name(s) Wm subscribed to the within
instrument and ackrIo ledged to me that h&WwWUtey
e noted the same in hisftwAhelr authortmd capac4iles),
and that by NsftwAheir signatures)on the irmtrtanent the ❑PARTNER(S) ❑LJMITED
person(s)or the entity upon behalf of which the person(s) ❑GENERAL
wed,macuted the instrurnent. ❑ATTORNEY-IN-FACT
my ❑TRUSTEE(S)
SS and official seal, ❑GUARDIANICONSERVATOR
E3a° PatriciaJ. Braga „, o OTHER:
Ur a� COMM. #974953
NOTARY PUBLIC-CALIFORNI
CONTRA COSTA COUNTY SIGNER IS REPRESENTING:
For+w` Comm.Expires Oct.4,1996 -L NNE OF PMOMM oa 0nMQEQ
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT
TO THE DOCUMENT DESCRIBED AT RIGHT
NUMBER OF PAGES DATE OF DOCUMENT
PWA ftm"" elmrtof.. -
sk%W SIGNERS OTHER THAN NAMED ABOVE