HomeMy WebLinkAboutMINUTES - 03181997 - C1 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 18, 1997
SUBJECT: CONVEYANCE OF UNDERCROSSING EASEMENT,
VASCO ROAD - BYRON AREA
W.O. No.: 4054
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
This Board hereby APPROVES and AUTHORIZES the conveyance of an undercrossing
easement under relocated Vasco Road, pursuant to Streets and Highway Code Section 960, to
Coelho Machado Family Limited Partnership, Evo Coelho and Marian L. Machado, general
partners.
The Board Chair is hereby AUTHORIZED to execute said easement on behalf of the County.
II. Financial Impact:
No costs involved.
Continued on Attachment: X SIGNATURE: L�✓
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAR 18 1997 APPROVED AS RECOMMENDED OTHER
VO E OF SUPERVISORS
UNANIMOUS (ABSENT ) _
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Orig. Div: Public Works(R/P)
AdministraW
Contact: Ronald Babst(313-2226) M ,
cc: County Administrator
Recorder(via R/P)
Conveyance of Undercrossing Easement
March 18, 1997
Page Two
III. Reasons for Recommendations and Background:
The construction of the new Vasco Road resulted in the installation of an undercrossing for the
benefit of the adjacent owner. The proposed action will clarify the maintenance and use of these
facilities.
IV. Consequences of Negative Action:
Negative action would cause the County to be entirely responsible for maintenance of said
undercrossing.
Recorded at the Request of:
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553-4897
Return to:
Coelho Machado Family Limited Partnership
Evo Coelho and Marian L. Machado, general partners
26391 S. Hwy 33
Tracy, CA 95376
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 003-160-004
Grant of Easement
EASEMENT FOR UNDERCROSSING
THIS INDENTURE is made and entered into this d day of /0 99 1�, by and
between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter
called "Grantor," and, COELHO MACHADO FAMILY LIMITED PARTNERSHIP, Evo Coelho and
Marian L. Machado, general partners, hereinafter called "Grantee."
WITNESSETH:
That Grantor, for a good and valuable consideration but no further fee or charge, and in further
consideration of the faithful performance and observance by Grantee of all of the terms and
conditions herein contained, does hereby grant to Grantee a revocable, non-exclusive easement for
the maintenance and use of a crossing under relocated Vasco Road for the passage of livestock
and other agricultural uses or wind energy equipment and vehicles only, together with the
necessary appurtenances thereto, hereinafter referred to as "Undercrossing" and further described
in Exhibit "A" attached hereto and made a part hereof.
The Easement above mentioned is granted by Grantor and accepted by Grantee upon the following
terms and conditions and Grantee does hereby agree with Grantor as follows:
1. Definitions:
As used in this Grant of Easement ("Easement") the "Property" shall refer to that portion of the
relocated Vasco Road right of way, located generally between Stations 443+80 and 444+20,
containing a corrugated metal or concrete underpass structure, a highway, embankments, and
associated roadway and drainage improvements.
As used in this Easement, "Undercrossing" shall refer to an opening under the relocated Vasco
Road and a corrugated metal or concrete culvert, 9 feet wide and 10 feet high.
Undercrossing Easement
Page 2
2. Title of Grantor:
It is understood that the Grantor grants only the portion of land described in paragraph 1, which is owned
by Grantor. Grantee hereby acknowledges the title of Grantor in and to the Property and agrees never
to assail or to resist said title. Grantee agrees that it has not acquired nor will it hereafter acquire any
rights or interest in the Property, nor does Grantee have nor will it obtain any right or claim to the use of
the Property beyond that specifically granted in this Easement.
3. Primary Use of Property:
The Property consists of a public roadway owned and maintained by the Grantor for the transportation
use of the general public. Any and all rights granted or implied by this Easement are subordinate and
subject to said use, as well as to the prior and continuing rights and obligations of Grantor, its successors
and assigns, to use all the property described herein. Grantor makes no covenant or warranty against
any existing encumbrance.
Grantee shall not at any time use the Undercrossing in any manner that will materially interfere with or
impair said primary use of the Property, nor will it permit third persons, including but not limited to the
public, to use the Undercrossing. All rights granted to Grantee hereunder are subject to all existing and
future rights, rights of way, reservations, franchises, licenses, and easements in the Property, regardless
of who holds the same, including Grantor's right to use the Undercrossing for emergency or maintenance
vehicle access or any other purpose as described in Paragraph 4 hereof.
4. Suspension or Limitation of Use:
Grantor and its permittees shall have the right to suspend or to limit the use of the Undercrossing by
Grantee for a reasonable amount of time for protection of public safety, or for the construction,
installation, operation, maintenance or repair of other facilities on the Property. Should such suspension
or limitation be necessary, Grantor shall provide Grantee thirty (30) days' prior notice in writing, except
in cases of emergency maintenance or repairs. Grantor shall make every reasonable effort as
determined by Grantor in its discretion to avoid the necessity of limiting Grantee's use of the
undercrossing and, if limitation is unavoidable, Grantor shall make reasonable efforts, as determined by
Grantor in its discretion, to minimize the impact on Grantee's operation.
5. Revocation:
a. This Easement may be terminated by Grantor upon thirty(30) days prior written notice under the
following conditions: a change in the use of the easement for something other than for the passage of
livestock and other agricultural uses, and wind energy equipment and vehicles only; breach of this
agreement and failure to cure with reasonable opportunity; or abandonment of the Easement. The
installation or construction of any equipment or fixtures by Grantee and approved by Grantor pursuant
to this Easement shall not render this Easement irrevocable.
b. In the event, in the sole discretion of Grantor, the primary use of the Property by Grantor or
Grantor's permittees reasonably requires some permanent use of a portion or portions of the Property
which, by nature thereof, precludes Grantee's use thereof, Grantor may, upon one years' prior written
notice to Grantee, terminate this Easement as to the area reasonably required for such permanent
primary use. Grantor shall supply Grantee with a map or drawing identifying the area(s) as to which this
Easement is so terminated.
Undercrossing Easement
Page 3
C. In the event this Easement is revoked or otherwise terminated as allowed herein, Grantee shall
immediately quitclaim its rights hereunder to Grantor. Grantee shall erect at its expense, physical barriers
at the undercrossing to prevent access to the undercrossing from each direction. Design of said barriers
shall be approved by the Grantor. Grantee authorizes the Contra Costa County Public Works Director,
as its designee,to execute said reconveyance(quitclaim)on behalf of Grantee, if Grantee fails or refuses
to do so as required herein.
6. Existing Facilities:
Grantee agrees to take all precautions necessary to avoid damage to the Property. In the event the
Grantee shall damage any improvements installed by Grantor within the Undercrossing, Grantee shall
reimburse Grantor for all reasonable costs and expenses associated with the repair or replacement of
such improvements.
7. Maintenance and Litter:
During the term of this Easement, Grantee shall maintain the Undercrossing and adjacent property under
its control in a clean, safe, and presentable condition, free from waste, graffiti, litter, and other items
incidental to Undercrossing's use and left by parties other than Grantor and its permittees. As used in
this section, the term "litter" shall include, but not be limited to, paper, garbage, refuse, dead animals,
trimmings, and other items that detract from the neat and tidy appearance of the Undercrossing. If
Grantee fails so to keep the Undercrossing as specified above, after thirty (30) days' prior written notice
specifying the needed work, Grantor may perform or hire the necessary work at the reasonable expense
of Grantee, which expense Grantee agrees to pay to Grantor upon demand.
Grantee agrees to keep the Undercrossing free from weeds and other vegetation, and to abate weeds
to local fire district standards.
8. Indemnification:
Grantee expressly agrees to indemnify, save, protect, defend, and hold harmless Grantor, its Board of
Supervisors, officers, and employees from and against any and all loss, liability, expense, claims, costs,
suits, and damages, including attorney's fees, arising out of or connected with Grantee's operations or .
the exercise by Grantee (including its officers, employees, subcontractors, contractors and agents) of
the rights granted, or obligations imposed, under the terms of this Easement.
9. Approval and Inspection of Work:
Grantee shall not perform any construction, reconstruction, remodeling, repair, removal, material
alteration of ground elevation or other work within the Undercrossing without first obtaining Grantor's
approval in writing of said work. In seeking Grantor's approval, Grantee shall furnish to Grantor a
complete description and sketch of the work proposed to be performed. In performing work approved
by Grantor, Grantee shall comply with all reasonable terms, conditions, and requirements imposed by
Grantor and shall not deviate in any material manner from the description and sketch approved by
Grantor, without first obtaining additional approval in writing from Grantor.
Notwithstanding the foregoing, Grantee shall not be required to obtain Grantor's prior written approval
for the performance of routine maintenance or emergency repairs. As used in this section, the term
Undercrossing Easement
Page 4
"routine maintenance" refers to work that does not alter the original condition of improvements previously
approved in writing by Grantor, which work is required to prevent deterioration of said improvements.
As used in this section, the term "emergency repairs" refers to repairs that do not alter the original
condition of improvements previously approved in writing by Grantor, which repairs are necessary to
protect the safety of the public and others or repairs without which Grantee cannot maintain operation
and for which it is not practical for Grantee to comply with the approval process required by the preceding
paragraph. Except in the case of emergency or routine maintenance, Grantee shall consult Grantor at
least thirty (30) days before any major maintenance operations are performed by Grantee. Work shall
be done in such a manner that Grantor shall at all times be able to use and gain access to its facilities.
All work performed by Grantee under this section shall require an encroachment permit and be subject
to inspection by Grantor.
10. Assignment:
No rights of Grantee hereunder shall be transferred or assigned to another party unless the written
consent of Grantor is first secured, which consent shall not be unreasonably withheld if the transfer or
assignment is made in connection with a transfer of Grantee's Property Interest . With that exception,
this Easement and each and all of the covenants herein contained shall inure to the benefit of and be
binding upon the successors and assigns of the respective parties hereto.
11. Restricted Use:
The rights granted hereunder are for the passage of livestock and other agricultural uses and wind
energy equipment and vehicles only. No other vehicle shall be permitted on the Undercrossing except
those of Grantee or Grantor, being used for construction, maintenance, repair, patrol, or public safety
purposes. Any gates or barricades installed by Grantee that would prevent Grantor from gaining access
to the Property shall accept Grantor's locks.
12. Safety:
Grantee shall take such measures as are necessary to prevent unauthorized use of the Undercrossing
and to protect the safety of the users of the Undercrossing. Its failure to do so shall constitute a breach
of this Easement and justify termination of the same.
13. Damage to Property:
It is understood and agreed by and between the parties hereto that the Property is subject to-sliding,
erosion, subsidence, and flooding, and that Grantor is under no obligation to maintain the Property or
repair any damage thereto resulting from sliding,erosion, subsidence, or flooding. In the event of any
damage to the Undercrossing improvements which have been installed or constructed by Grantee,
resulting from sliding, erosion, subsidence, or flooding, Grantee shall perform such maintenance or repair
as Grantee may deem necessary for proper and safe operation of the Undercrossing.
14. Pollution:
Grantee, at its expense, shall comply with all applicable laws, regulations, rules, and others, with respect
to the use of the Property, regardless of when they become or became effective, including, without
Undercrossing Easement
Page 5
limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and
air quality, and furnish satisfactory evidence of such compliance upon request of Grantor.
Grantee accepts the property conveyed pursuant to this Easement in an "as is" physical condition, with
no warranty express or implied on the part of the Grantor as to any matter, including but not limited to
the condition of the soil, water, subsurface strata or ambient air in, on, under at or in the vicinity of the
property. Grantee agrees that neither Grantee, its heirs, successors or assign shall ever claim, have or
assert any right or action against Grantor for any loss, damage or other matter arising out of or resulting
from the presence of any hazardous substance or any other condition of the property at the
commencement of the easement or from the release of any hazardous substance in, on or around any
part of the property or in the soil, water, subsurface strata or ambient air by any person or entity other
than the Grantor following the commencement of this Easement. As used herein, "hazardous substance"
means any substance, material or waste which is or may become designated, classified or regulated as
being "toxic,""hazardous"or a"pollutant" under any federal, state or local law, regulation or ordinance.
Nothing in this section is intended in any way to restrict the right of Grantee to seek contribution or
indemnity from any person or entity other than Grantor whose activities are a cause of any discharge,
leakage, spillage or emission of hazardous materials on or to the property.
To the extent permitted by law, Grantee shall indemnify, defend, save, protect and hold the Grantor
harmless from and against any and all claims, demands, liabilities, expenses (including without limitation
attorneys fees, costs and consultants fees), penalties, damages, consequential damages and losses,
and costs (including but not limited to the costs of any required or necessary testing, remediation, repair,
removal, cleanup or detoxification of the property and surrounding properties and from and against the
preparation of any cleanup, remediation, closure or other required plans whether such action is required
or necessary prior to or following the termination of the Easement), of any kind or nature, arising out of
or connected with Grantee's operation or performance under this Easement, including all costs, claims,
damages (including property and personal injury) arising out of or connected with the uncovering, release
or excavation of hazardous materials as a result of Grantee's construction, reconstruction, maintenance,
use, replacement, or removal of its facilities.
Grantee shall pay all amounts due Grantor under this section within ten (10) days after any such
amounts become due. The obligations contained in this section shall survive the expiration or other
termination of this easement
15. Undercrossing Improvement and Maintenance:
Grantee shall maintain at its expense all Undercrossing improvements which have been installed or
constructed by Grantee, including Undercrossing pavement, related drainage structures, fences, gates,
and landscaping.
16. Encroachment Permits:
Grantor shall have the sole right to grant encroachment permits or rights of entry within the Property.
Notification of encroachment permits granted and plans approved by Grantor will be forwarded to
Grantee.
Grantee shall obtain permits from all other agencies as required for construction of the Undercrossing
improvements.
Undercrossing Easement
Page 6
17. Modification:
This Easement shall be subject to modification or amendment only by the written mutual consent of both
parties.
18. Entire Agreement:
It is understood that this document contains the entire agreement between the parties hereto and all prior
understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted
are superseded by this Easement and are hereby abrogated and nullified.
19. No Third-Party Beneficiaries:
It is not the intention of either Grantor or Grantee that any person or entity other than Grantor or Grantee
occupy the position of intended third-party beneficiary of the obligations assumed by either party to this
agreement.
IN WITNESS WHEREOF, the parties hereto have e t d this asenjenj the day and year first above
written.
Contra Costa County(Grantor) _Z!L ,�of ,•e ,grantee)
By AWL- . By
Chair, Board of Supervisors
Approved as to form:
Victor J.Westman
CountItZo4insellj�
B
Y
Deputy Z 2ry
Acknowledgement by Grantor:
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA)
On March 18, 1997 before me, Phil Batchelor, Clerk of
the Board of Supervisors and County Administrator, Contra Costa
County, personally appeared Supervisor Mark DeSaulnier
, who is known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s)whose name(s)
islare 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 instru-
ment the person(s),or the entity upon behalf of which the person(s)
acted, executed the instrument.
By: AA,
a.
D ty Clerk
PMc:N:drg
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CONTRA TA- AT R DISTRIC PROJEAT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of San Joaquin
On December 18, 1996 before me, Kiyoko T. Martinez ,
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC-
personally appeared - _Evo G. Coelho and Marian L. Machado ,
NAME(S)OF SIGNER(S)
❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence
to be the person(w) whose name(m) Mare
subscribed to the within instrument and ac-
knowledged to me that lKae/they executed
the same in gXW/their authorized
capacity(ies), and that by histhar/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WOKO T.MAR1 U
QpMv
Comm>ssion#1062958 WITNESS my hand and official seal.
z Notary Public—Califomia Z
Z SAN JOAQUIN COUNTY
Comm.Expires Jun 25,1999
SIGNATURE OF Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Grant of Easement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 7
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: Deceinber 18, 1996
Grantee of Coelho Machado DATE OF DOCUMENT
Family Limited Partnership
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184