HomeMy WebLinkAboutMINUTES - 04161996 - C21 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA C•oz/
Adopted this Resolution on April 16, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 96/ 153
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code §25526.6
SUBJECT: Conveyance of Easement to
East Bay Municipal Utility District
San Ramon Creek @ Casa Vallecita
Project No. 7520-6B8346
Alamo Area
The Board of Supervisors as the Governing Body of the Contra Costa County Flood
Control & Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired
certain real property by deed recorded on December 20, 1967, in Book 5520 at page 451,
in the Alamo area. East Bay Municipal Utility District has requested an easement over a
portion of said property, described in Exhibit "A" attached hereto, for water pipelines. 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 East Bay Municipal Utility District over the property described in Exhibit "A" attached
hereto, pursuant to the above-referenced statutory authorities and the Board Chair is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in
consideration for the payment received in full in the amount of$1,200.00.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works (R/P)
Contact: Donna Dawkins (313-2224) an action taken
andhat fii teIs e on thdcorree Mthaf
an action taken and entered on the minufes of the
cc: Public Works Accounting Board of supervisors an the date shown.
Public Works Records ATTESTED. Auril 16 1996
the Board
Grantee (via R/P) of uBATCHELOR,vryO ouimti as
Recorder(via R/P)
By g. 0. Deputy
DD:glo
g:VeaWopltemp\b V2a..t4
March 26,1 M
RESOLUTION NO. 96/ 153
C`Z/
EXHIBIT "A"
An easement over all that real property situate in the State of California, County of
Contra Costa, described as follows:
A portion of Parcel 10 as described in the deed from the State of California to Contra
Costa County Flood Control and Water Conservation District, which deed was filed
in the Office of the Recorder of the County of Contra Costa, State of California on
December 20, 1967,in Book 5520 of Deeds at Page 451,further described as follows:
BEGINNING on the southerly line of said Parcel 10, bearing South 88°31'00" West,
at the westerly end thereof; thence along said southerly line North 88°31'00" East,
143.44 feet; thence leaving said southerly line North 26023'00" West, 51.82 feet;
thence South 84151'29" West, 116.14 feet to the west line of said Parcel 10, bearing
North 6°44'19" East, in said deed; thence South 6°44'19" West, 40 the Point
of Beginning. �OFESS/ay
F.
PREPARED BY-
EUG F.DE DATE
RCE 22485 ;'
`.Jl' CIVIL
EXPIRES: 9/30/9lF OF CALI03��\Q
Recorded at the request of:
East Bay Municipal Utility District
After recording return to:
East Bay Municipal Utility District
P.O. Box 24055
Oakland, CA 94626
Attention:Real Estate Services
Vic Remorini
A.P.N. 192-272-003
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 East Bay Municipal Utility District, a public corporation organized and
existing under the laws of the State of California, hereinafter called GRANTEE, a nonexclusive right to a
perpetual easement and right of way for the purpose of laying down, constructing, reconstructing, removing,
replacing, repairing, maintaining, operating and using, as the GRANTEE may see fit, for the transmission
and distribution of water, a pipe or pipelines and all necessary braces, connections, fastenings and other
applicances and fixtures including underground tlemetry and electrical cables for use in connection therewith
or appurtenant therto, and for no other purposes whatsoever, along and in all of the hereinafter described
parcel of land situate in the 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 DISTRICTs 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 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.
3. a. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT,its successons and
assigns,to use all the property described herein. The GRANTEE shall not fence said easement without the express
written permission of the DISTRICT first had and obtained and shall'remove any fencing when requested by the
DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or
permit use of said easement for any purpose other than those described in this easement.
b. The DISTRICT expressly reserves the right to use the property subject to this easement in any manner and for any
purpose,regardless of whether it interferes with or diminishes the easement conveyed to GRANTEE.The GRANTEE
agrees that in its use of this easement and the exercise of any rights hereunder,GRANTEE shall in no way interfere with
DISTRICT's use of the property.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first
obtaining the prior written approval of its plans by DISTRICT.
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 so to do,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.
7. The easement granted hereunder is non-exclusive.This easement is subject and subordinate to all existing rights, rights
of way,reservations,franchises and easements in and to the property.DISTRICT shall have the right to require GRANTEE
to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to
accommodate any existing user's right to construct,replace,enlarge,repair,.maintain and operate its facilities,in the same
manner as required by Section 3 of this easement,including the rights and remedies contained therein.Nothing contained
herein shall be construed to prevent DISTRICT from granting other easements,franchises 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. a. In the exercise of all rights under this easement,GRANTEE shall be responsible for any and all injury to the public and
to individuals arising out of 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, 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.
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 shall indemnify, defend, save, protect and hold harmless, DISTRICT and DISTRICT's successors and
assigns,officers,directors and employees from and against any and all actual or threatened liabilities,claims,actions,
causes of action,judgments,orders,damages,costs,expenses,fines, penalties and losses and all consultant,expert
and legal fees and expenses (including those incurred in connection with any investigation of site conditions or any
dean-up,remedial,removal or restoration work)arising directly or indirectly out of or resulting from GRANTEE's use,
release or disposal of any hazardous substance on or from or affecting the property subject to this easement.
d. GRANTEE shall also hold the DISTRICT harmless from and against any and all actual or threatened liabilities,claims,
actions,causes of action,judgments,orders,damages, costs,expenses,fines,penalties and losses and all consultant,
expert and legal fees and expenses(including those incurred in connection with any investigation of site conditions or
any dean-up,remedial,removal or restoration work)arising directly or indirectly out of or resulting from any hazardous
substance being present or released in,on or around any part of the property,or in the soil,groundwater or soil vapor
on or under the property at any time,either before or after this easement is executed and whether such matters are
discovered before or after the execution of the easement.
e. As used herein,"hazardous substance"means any substance,material or waste which is or may become designated,
classified or regulated as being"toxic"or"hazardous"or a"pollutant"under any federal,state or local law,regulation
or ordinance.
f. The obligations contained in this section shall survive the expiration or other termination of this easement.
9. a. 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.
b. DISTRICT makes no warranty,guarantee,representation or liability,express or implied,as to the physical condition of
the property,including,but not limited to 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 substances,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, air,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.
10. 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 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.
11. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT.
12. 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 ageW officers and employees,from any claim,action
or proceeding to attack,set aside,void or annul this easement.
13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document
over any of DISTRICTs adjacent lands lying outside of the aforesaid strip of land above described.
14. 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.
15. 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.
16. 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 16th day of April
1996 .
CONTRA COSTA COU FLOOD
CONTROL & WATE N R TION DISTRICT
By
h r and of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On April 16, 1996 before me,Phil Batchelor,Clerk of the
Board of Supervisors and County Administrator, Contra Costa
County,personally appeared_ Jeff Smith
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 capaci-
ty(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 r
Form Approved (12/94)
Victor J. Westman, County Counsel
By
Depklty
g:Vealprop4emp1ea17bebm.t3
C •a..'
EXHIBIT "A"
An easement over all that real property situate in the State of California, County of
Contra Costa, described as follows:
A portion of Parcel 10 as described in the deed from the State of California to Contra
Costa County Flood Control and Water Conservation District, which deed was filed
in the Office of the Recorder of the County of Contra Costa, State of California on
December 20, 1967,in Book 5520 of Deeds at Page 451, further described as follows:
BEGIN'N'LNG on the southerly line of said Parcel 10, bearing South 88°31'00" West,
at the westerly end thereof, said southerly line being also the northerly line of Parcel
'A' of Subdivision MS 105-88 (149 PM 24); thence along said southerly line North
88°31'00" East, 143.44 feet; thence leaving said southerly line North 26°23'00" West,
51.82 feet; thence South 84151'29" West, 116.14 feet to the west line of said Parcel 10,
bearing North 6°44'19" East in said deed, said west line being also the east line of
Lots 5 and 6 of Subdivision 4945; thence South 6°44'19" West (South 6°24'45" West
per Subdivision 4945), 40.00 feet to the Point of Beginning. 1f ESS!;
PREPARED BY:
EUGENE F. DE STT
RCE 22485 '
EXPIRES: 9/30/` sl� CCiVk /_
if Gr C+�l1t 0 .
JJ
P.D.B.
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(N 0 24 A5' E 203 M 5)
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Date:
EXHIBITS' OeBolt Civil Engineering tea,-V' .
811 San Ramos Valley Boulevard -4
PLAT TO ACCOMPANY Danville; California 94526 By: JED
EBMUD EASEMENT 510 / 837-3780 Job
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