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HomeMy WebLinkAboutMINUTES - 03111997 - C13 THE BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 11, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/119 Government Code § 25526.6 SUBJECT: Conveyance of Easement to Pacific Bell Station No. 5, Cleaveland Road Project No. 7126-6X5515 Pleasant Hill Area The Board of Supervisors, as the Boardof Directors of the Contra Costa County Fire Protection District RESOLVES THAT: _ The Contra Costa County Fire Protection District acquired certain real property by Quitclaim Deed recorded on March 16, 1992, in Book 17311 at page 569, in the Pleasant Hill area. On March 19, 1996 the Board approved a request from Pacific Bell for an easement over a portion of said property which was recorded on July 24, 1996, Series No. 96-137621. Pacific Bell has requested additional square footage for their project as described in Exhibit"A"attached hereto, for underground communications 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 Pacific Bell, 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 the Easement on behalf of the District in consideration for the payment received in full in the amount of$1,000.00. The Real Property Division is DIRECTED to cause said Easement to be delivered to the grantee. Ong. Dept.: Public Works (R/P) Contact: L. Lucy Owens (313-2229) on o"wibo taken and ent'•oft ni°rnhut d cc: Public Works Accounting ,w ��� to them ..° a. ol8apsrvta On the date shown. Auditor-Controller "TbMEIOR,clerk c+the boeA Grantee (via R/P) d8ipWWW9&WC%MlyA ` I" LO Recorder (via R/P) � p•r cbrMA2 RESOLUTION NO. 97/ 119 Recorded at the request of: i)b Pacific Bell After recording return to: 2600 Camino Ramon, Room 3N8501 San Ramon, CA 94583 Attention: Cindy Vowell Portion of A.P.N. 150-202-029 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 FIRE PROTECTION DISTRICT, a political subdivision of the State of California, hereinafter called DISTRICT, hereby grants to PACIFIC BELL, its associated and allied companies, its and their respective successors, assigns, lessees and agents, hereinafter called GRANTEE, a nonexclusive easement to construct and maintain, place, operate, inspect, repair, replace and remove such underground communication facilities as GRANTEE may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, manholes, handholes and aboveground markers, pedestals, terminal equipment cabinets, other associated electrical conductors and necessary fixtures, and appurtenances and for no other purposes whatsoever, in, under and upon, the hereinafter described parcel of land situate in the City of Pleasant Hill, County of Contra Costa, State of California, described as follows: EXHIBIT "A" The West 16.00 feet of the South 22.00 feet of Parcel 5 (150-202-029, Station No. 5) as said parcel is described in the Quitclaim Deed from Contra Costa County, a political subdivision of the State of California to the Contra Costa County Fire Protection District, dated March 10, 1992 and recorded in the Office of the Recorder of the County of Contra Costa on March 16, 1992 in Book 17311 of Official Records at Page 569. SEE EXHIBIT "B" PLAT MAP, ATTACHED HERETO AND MADE A PART HEREOF This legal description was prepared pursuant to Section 8730c of the Business and Professions Code. GRANTOR also grants to GRANTEE the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. GRANTOR also grants to GRANTEE the right to receive commercial power service from the appropriate utility company serving the area together with the right for such utility company to place their respective service facilities upon and within said easement, subject to all terms and conditions herein. 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 agrees that said facilities shall be laid down and constructed in accordance with plans and specifications subject to the approval of the DISTRICT and the GRANTEE. 3. The GRANTEE shall not fence said easement without the express written permission of the DISTRICT 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. No object shall be placed by GRANTEE within the easement area that will exceed a height of 3'/Z feet above the existing ground level nor shall any of GRANITE'S facilities obstruct or interfere with the sight distance of DISTRICT vehicles entering or leaving the property. Page 1 of 3 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, 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. 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. 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." 7. 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 (including foreseeable and unforeseeable consequential damages), 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(including foreseeable and unforeseeable consequential 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 clean-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 (including foreseeable and unforeseeable consequential 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 clean-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. 8. 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 sal or the geology of the sal,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. Page 2 of 3 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 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. 13. 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. 14. 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. 15. 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 , 1996. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT By A Wr- Chair, Board of Supervisors STATE OF CALIFORNIA ) DISTRICT OF CONTRA COSTA ) On March 11, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and DISTRICT Administrator, Contra Costa DISTRICT, personally appeared Supervisor Mark DeSaulnier ,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 acknowl- edged 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 per- sons) acted,executed the instrument. By: Deputy Fry Form Approved (12/94) Victor J. Westman, County Counsel Bv,U,,.. a &AaL J Deputy RF:glo g:\realprop\temp\ea17PB.t3 Page 3 of 3 Alm—M-19% 14 30 PAC EELL RW 800 748 8268 P.02 JEAVrL7j r , BOYD D � ,�dtiu�rFNr trnrE _ _ N 52 vi ---- -� ,Ate-i91' ~h It n ` J' t �`aU ti•� 4 im d � � x n, AM"Itozt l6./.'.` Ne�AGt�O*AF1 AV-W' b- � a �' V. t: r:. i e ! iS y• �^-3 w 11 l ! i~�•T V c Z3 •1w rl TOTAL. P.02