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HomeMy WebLinkAboutMINUTES - 03161999 - C6-C7 TO- BOARD OF SUPERVISORS FROM: J. MICHAEL WALPORD, PUBLIC WORKS DIRECTOR DATE: March 16, 1999 SUBJECT: Approve Plans and Specifications and Advertise for bids for the Stone Valley Road Widening and Signal Project, in the Alamo area. Project No. 0662-6R4212, CDD-CP # 96-13. Specific Request(s) or Recommendation(s) & Background & Justification 1. RECOMMENDED ACTION: APPROVE the Plans and Specifications for the Stone Valley Road Widening and Signal Project and ADVERTISE for bids to be received on Tuesday, April 20, 1999, at 2:00 p.m. DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance With Section 20392 of the Public Contract Code. Continued on Attachment: X SIGNATURE: o RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ®APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 16, 1999 APPROVED AS RECOMMENDED—�— VOTE OF SUPERVISORS X UNANIMOUS (ASSENT ) AYES: NOES; ABSENT: ABSTAIN: RT:AK:sd i hereby certify that this is e. true and correct t3Aref ata\DesignlBaard Orders\130 1999 colw`� of ars action taken and ntered ori the Stora Valley Road Wideing&Signal 3-16.doc minvtot of the Board of Supervisory on the d4ls Shown. frigt R Div: Public Warks{Design Division) Contact: Rab Tavense, (313-2256) AT o-r-STE0: cc: E. Kuevor,GAO F�11- BAT OHEb0Ff, Merle of the Board Auditor-Controller of Supervisory and County Administrator Community Development PW Accounting y Dt Construction SUBJECT: Approve Plans and Specifications and Advertise for bids for the Stone Dalley Road Widening and Signal Project in the Alamo area, Project No. 0662-6R4212, CDD-CP # 96-13. DATE: March 16, 1999 PAGE: 2 II. FINANCIAL IMPACT: The estimated contract cost of the project is $595,200, funded by Alamo Area of Benefit (90%) and Senate Bill 300 (10%). 111. REASONS FOR RECOMMENDATION/BACKGROUND: The project is needed to increase the width of an arterial roadway that is narrow and rural in character, and provide more width for drivers to maneuver and turn safely into driveways and side streets, The Public Works Director hes filed with the Board of Supervisors the flans and Specifications for the project. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. The Board reviewed and approved the project on June 25, 1996 and found, on the basis of the initial study and all comments received, that there is no substantial evidence that the project will have a significant effect on the environment and adopted the Negative Declaration in compliance with the California Environmental Quality Act. A Notice of Determination was filed with the County Clerk on June 25. 1996 and that the project will not have a significant effect on the environment. IV. CONSEWENCES OF NEGATIVE ACTION: If the project is not approved for advertising, it will not be constructed. Public Warks Department 255 Glacier Drive, Martinez Date: March .11-7,199.9 To: Maureen Parkes, Deputy Clerk, Clerk of the Beard From: Rob Tavenier, Associate Civil Engineer, Design Subject: Stone Valley Road Widening, Project No, 0662-6R4212 Per our telephone conversation today the Public Contract Code section for publishing the notice for the above project is in error. The proper cede section is 22037. The project is being advertised for a five week period which meets the requirements of 22637. Thank you for your attention to this matter. If you have any questions please call me at 3-2256. RT:rt \\PWSI\5E-iARDA AA\GrpData\Design\ROS\WCRDPROC1Stone Valley CCH correct;on.doc PROOF OF PUBLICATION courrily (2015.5 C.C.P.) CacWor"ta ps"m public8 Glia ve RECE=IVED 7 M111 tnta Gitdf ill STATE OF CALIFORNIA County of Contra Costa c.ONCMOE TO fvtE3 # am a citizen of the United States and a resident of the LMAR 2 91999 ThePubg,Works Director will County aforesaid; I am over the age of eighteen years, receive sealed bids at the and not a parry to or interested in the above-entitled Works 8g, "3iO.RicuIlddng2° .' CLERK BOARD OF SUPERVISORS matter. clar Drive Martinez, Caflfor- Pj*Rj{ (j-TA w .its 94569-48997,until 2 0'- I am the Principal Legal Clerk of the Contra Costa Times, stock p.m.on April 20, it be at which It�ieme they wlsf b� a newspaper of general circulation, printed and published i%becs'�oNoE V%an frt`old at 2640 Shade#ands give in the City of Walnut Creek, wEOSNuvo AND S)EY R County of Contra Costa, 9459$, , L. General work desorption: And which newspaper has been adjudged a newspaper of Conatructsng new road sec- j 9tion, shout or work, minor general circulation by the Superior Court of the County of drainage Improvements, Centra Costs, State of California, under the date of overlay resn?ping, grading October 22, 1934. Case Number 19764. and nma signal. # Engineers cost, estimate: The notice, of which the annexed is a printed copy {set in { 200 type not smal!er than nonpareil), has been published in A pre-bid meeting wig be each regular and entire issue of said newspaper and not held on Monday,.March 29, in any supplement thereof on the following dates,to-wit, 1999 at 10;00 a.MY at the Public Works Department to °cover the County' Bidder roe March "ddePi �e��dancepec-ie recommended but not man- all in the year of 1999 datory. i Contract Documents'Includ- work. The prevailing certify (or declare) under penalty of perjurythat the °Ing plans and gp iWcations, ng rate of may ba vlawad earvd/trr ob r diem w is on file with foregoing is true and correct. QSrZ t at the° Pubtic wcxka Clans of Board of su- Deparlment,C.C.Rdoh euGd- loom and is In rated i Eng,236 Glad t7tNe Mart- =aanrree re eren't metW=t. � �xeouted at Walnut Creek, California neo, Cal is 9468 -4897 herein. For any classification In.on# On this 24 day of March, 1599 Monday - Thursday (7:od inctuded In the Act, the! f a.m.-12 Noon and 1.00 p.m, i N` �rl minimum wage shalt be the .................... ...:,�.��-i� ,.:v-:`,m.,....<..:. 3To�ob�ln puna�Fapda�e � i'af prevagEng rat® pari Signature cations a service charge Is The 1.C. tiro duel may be ulred in the amount of extended adaandum Es i S`e`S (oases'tax keo#udad). by Contra Costa Times `� i PCAays ANt� .,ggPECs�ICa- e��ter than��l P�� Box 4147 °TIONS MAY BE[1FtpERED BY y g 1900,In which case any Walnut Creek, CA 94596I MAIL FOR AN AtaMONAL submitted for the original °SHIPPINQ AND HANDLINr3 y (510) 935-2525 IE FEE OF$8.0x0..Checks shall bid opening will be returned be unopened and, ceased bid: E Couttyaof csf ContrabECosta'ae to mend pMposals for trifle extended! Proof of Publication of: E be mailed to the above ad- bid,oparlIngi shall be subrNt-I E dress.The Public Works Do- led on.dr before May 4,1999 E (attached is a copy of the legal advertisement that at 2:00 p.m., and Y will be i Published) pa.�kaft does not guarantee opened, read and recorded: P' he icabona the plana and at va same place specified moans an in time for Nd- y ,At proposals race vV° dog Plena andspecificationssent rnight safe will be returned u- wsg not be sant ovarriigfittea , mail. The said Board reserves the This contract is subject to right to reject any and all bids° state contract nond#scrimina- or arty portion of any bid j tion and compliance require- aridsbr waive any,sr.egutarlty manta pursuant to Govam- in any bid received. me.t Coda,Section 12290. For questions regarding the Tho Contraotar all possess rctiject contact Allison T. a Cissa A or Clare 0-12 Con- Coalgn DA llisonslon, at iracior s Lioenso at the time (92 313 Deal the Contract Es awarded. Bids must cover the entlre $y order of the Board project, and neither partial! of Supervisors nor oontprigent bids will be of Contra Costa County considered. Phil Batchelor The successful bidder shall i Clark of the Board hxr9®h a payrr2ont bond and i 1011 nratsoftha es ap Basil llng re�ofwages applicable to ttiEe Lapel COT 1537$ t.h March 24,1999 n TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALI=ORD, PUBLIC WORKS DIRECTOR DATE: MARCH 16, 1999 SUB.IECT: BAILEY RD. INTERCHANGE - LICENSE TO EAST BAY REGIONAL PARK DISTRICT, BAY POINT AREA Project No.: 4660-6X4158 SPECIFIC REQUEST(S)OR RECOMMENDATiON(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE License Agreement with East Bay Regional Park District and AUTHORIZE the Board Chair to sign same on behalf of the County. 11. Financial Impact.- None Ill. Reasons for Recommendations and Background: The County constructed a service road/trail facility as part of the Bailey Road Interchange project. The East Bay Regional Park District has requested a license agreement in order to incorporate the facility into the Delta DeAnza Regional Trail system. The Park District will maintain the trail and accept liability for non-motorized public use of the licensed area. IV. Consequences of Negative Action: The Park District would have to seek a costlier and less convenient route to provide for a continuous trail, a valuable public recreational facility. Continued on Attachment: SIGNATURE:- RECOMMENDATION OF COUNTY ADMINISTRATMF� RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER s� SIGNATURE(S): ACTION OF BUARD ON Marc 1999 APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS (ABSENT "-° ) AYES. NOES: < hereby cartsfy tli:;* Ws �s a >r�,=.e and correct ABSENT ABSTAIN Copy of an actio taken and entered cry the minutes of the Board of Supervisors on tl e KAL:gpp date Shovvm G:\GrpData\ReelProp11999-Files\99-3\BOa3-16.doc ATTESTED: Orig.Div: Public works(R/P) Pill€.. SAr.'C ELOR, Clerk ud the Board Contact: Karen Laws(313-2228) of Supervisors r d County Administr for r � cc: County Administrator By Deputy P.W.Accounting DELTA DE ANZA REGIONAL TRAIL AMBROSE PARI. EAST BAY REGIONAL PARS.DISTRICT A`'`tD CONTRA COSTA COUNTY LICENSE AGREEMENT" TABLE OF CONTENTS 1. Definitions 2. Title of Licensor 3. Term 4. Suspension or Limitation of Use 5. Revocation 5. Approval and Inspection ofWork 7. Maintenance and Litter 8. Indemnification 9. Insurance Requirements 10. Assignment 11. Abandonment by Licensee 12. Restricted Use 13. Patrol 14. Signs 15. Pollution 16. Fencing 17. Vandalism 18. Crani 19. Encroachment Permits 20. Improvement Maintenance 21. Modification 22. Entire Agreement DELTA DE ANZA REGIONAL TRAIL AMBROSE PARK EAST BAY REGIONAL PARD DISTRICT AND D CONTRA COSTA.COUNTY LICENSE AGREEMENT THIS AGREEMENT is made and entered into this �-6�ay of March 199*, by and between the CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called "Licensor," and the EAST .BAY REGIONAL PARD DISTRICT, a California special district, hereinafter called "Licensee." WITNESSETH: THAT Licensor, for a good and valuable consideration and in further consideration of the faithful performance and observance by Licenser of all the terms and conditions herein contained, does hereby grant to Licensee a license for the use of a paved service road for the passage of pedestrians, equestrians, bicycles and other non-motorize purposes only, together with the necessary appurtenances thereto, hereinafter referred to as "the Trail." THE LICENSE above mentioned is granted by Licensor and accepted by Licensee upon the following terms and conditions and Licensee does hereby agree with Licensor as follows: 1. Definitions: As used in this License, "the Trail"shall refer to the ten-foot-wide paved service road and maximum six-foot-wide shoulders on either side of the service road,constructed by Licensor, near Ambrose Park to the East Bay Municipal Utility District right of way, described in Exhibit"A"attached,which may include fencing,bollards,signage,drinking fountain(s)and other appropriate trail improvements. 2. Title of Licensor: Licensee hereby acknowledges the title of Licensor in and to the Trail and agrees never to assail or to resist said title. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Trail,nor does Licensee have nor will it obtain any right or claim to the use of the Trail beyond those specifically granted in this License. 1 3. Term: Unless suspended or partially revoked as hereinafter set forth, this License to construct, operate and maintain the shoulders in the Trail to be used by the general public shall terminate twenty-five (25) years from the date hereof, By mutual written consent of the parties hereto, it may be extended for an additional twenty-five (25) year term. 4. Suspension or Limitation of Use: Licensor and its permittees shall have the right to suspend or to limit the use of the Trail by Licensee and the general public 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 Trail. Should such suspension or limitation be necessary, Licensor shall provide Licensee fifteen(15)days'prior notice in writing, except in cases of emergency maintenance or repairs. Licensor shall not be held responsible or liable for unavoidable damage or removal of any fences, gates, asphalt or concrete paving, landscaping, or other facilities which may be placed, installed, repaired or constructed as part of Trail when Licensor finds it necessary to accomplish work for the maintenance, construction, repair, reconstruction or alteration of Licensor property. however, Licensor will exercise reasonable care to minimize adverse impacts of such work upon Licensee's recreational facilities. 5. Revocation: In the event, in the sole discretion of Licensor, the primary uses of the Property by Licensor or Licensor's permittees reasonably require some permanent use of a portion or portions of the Property which,by nature thereof,precludes Licensee's use thereof, Licensor may, upon six-months'prior notice,revoke this License as to the area Licensor deems necessary for such permanent primary use. Licensor shall supply Licensee with a map or drawing identifying the area(s) as to which this License is so revoked. 6. Approval and Inspection of Work; Licensee shall not perform any construction,reconstruction, remodeling,repair,removal or other work within the 'frail without first obtaining Licensor's approval in writing of said work. In seeking Licensor's approval, Licensee shall furnish to Licensor a complete description and sketch of the work proposed to be performed. In performing work approved by Licensor, Licensee shall comply with all terms, conditions and requirements imposed by Licensor and not deviate in any material manner from the description and sketch approved by Licensor, without first obtaining additional approval in writing from Licensor. 2 Y Licensee sham not be required to obtain Licensor's prior written approval for the performance of routine maintenance or emergency repairs. As used in this section, the term "routine maintenance" refers to work that does not alter the original condition of improvements previously approved in writing by Licensor,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 Licensor, which repairs are necessary to protect the safety of the public and others. Except in the case of emergency or routine maintenance, Licensee shall consult Licensor at least seven(7)days before any major maintenance operations are performed by Licensee. Work shall be done in such a manner that Licensor shall at all times be able to use and gain access to its facilities. All work performed by Licensee under this section shall be subject to inspection by.Licensor. 7. Maintenance and Litter: Licensee shall maintain the Trail in a manner consistent with Licensee's standards and reasonably free of litter. 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 ftom the neat and tidy appearance of the Trail. If Licensee fails so to keep the Trail then, after thirty(3 0) days'prior written notice specifying the needed work, Licensor may perforin or hire the necessary work at the reasonable expense of Licensee, which expense Licensee agrees to pay to Licensor upon.demand. Licensee agrees to keep the Trail free from weeds and other vegetation and to abate weeds to Licensee's fire standards. 8. Indemnification: Licensee shall indemnify, defend, protect, and hold Licensor harmless and its directors, officers and other employees Lom and against all claims,costs,expenses(including,without limitation, reasonable attorneys" fees) and liabilities (collectively, the "Claims")by reason ,of any injury to or death of any person or damage to property, of any kind whatsoever, arising out of, resulting from, or in any way related to Licensee's acts or omissions at the Trail, VY Licensor shall indemnify, defend protect, and hold Licensee harmless from and against all Claims by reason of any injury to or death of any person or damage to property, of any kind whatsoever, ,arising out of, resulting from,or in any way related to the acts or omissions of Licensor, its directors, officers or employees (other than Licensee and its invitees). The provisions of this section shall survive the termination or expiration of this License. 3 1-7 9. Insurance Requirements: Licensee shall take out and maintain during the life of this License all the insurance required by this section and shall submit certificate for review and approval by Licensor. No construction on or use of the Trail shall commence until such insurance has been approved by Licensor. The certificates shall be on forms provided by Licensor or the insurance carrier. Acceptance of the certificates shall not relieve Licensee of any of the insurance requirements, nor decrease the liability of Licensee. Licensor reserves the right to require Licensee to provide insurance policies for review by Licensor. (a) Worker's Compensation Insurance. Licensee shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees on the Trail. Licensee shall require any subcontractor to provide it with evidence of Worker's Compensation and Employer's Liability Insurance, all in strict compliance with California State laws. (b) ublic Liability Insurance. Licensee shall take out and maintain Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this.License. Licensee shall require any subcontractor to provide evidence of the same liability insurance coverages. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and .personal Injury Liability and Property Damage: $1,000,000 per occurrence. (c) Endorsements. The following endorsements roust be indicated on the certificate: (1) Contra Costa County, its board, officers and employees are additional insureds under the policy as to the work and operations being performed under this License: (2) The coverage is primary and no other insurance carrier by Licensor will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis, (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse and underground hazards; 4 ell (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty(30) days written notice is given to Licensor. (d) Failure of Coverage. Failure,inability or refusal of Licensee to take out and maintain during the entire term of this License any and all of the insurance as aforesaid shall at the option of Licensor constitute a breach of this License and justify immediate termination of the sante. (e) Self Insurance. Licensee has the right and option to self-insure the requirements under this section upon written notice to Licensor that Licensee assumes the obligations in the place and stead of any insurance carrier, any reference to failure to coverage notwithstanding. In the event that Licensee elects to self-insure, Licensee shall provide to Licensor a certificate or other evidence of self-insurance acceptable to Licensor. 10. Assignment: No rights of Licensee hereunder shall be transferred or assigned unless to a successor public agency and unless the written consent of Licensor is first secured. With that exception, this License and each and all of the covenants herein contained shall inure to tine benefit of and be binding upon the successors and assigns of the respective parties hereto. 11. Abandonment by Licensee: If Licensee shall, for a period of at least 120 consecutive days, fail to use or maintain the Trail or any portion thereof, then all rights of Licensee in and to such portions not used or maintained shall immediately terminate, at Licensor's sole discretion. 12. Restricted Use: The rights granted hereunder are for pedestrian, equestrian and bicycle use only and no type of motor-driven vehicle shall be permitted on the Trail, except those of Licensee, Licensor or Licensor's permittees being used for construction, maintenance, repair, patrol or public safety purposes. Licensee shall install such barricades as are necessary to prevent unauthorized access by motor-driven vehicles and shall post signs at points of entry to the '.frail that such vehicles are prohibited. Licensee's barricades shall accept Licensor's locks. 5 13. Patrol: Licensee agrees to devote the same standards and levels of public safety patrol to the Trail as it is able to and does devote to its other recreational facilities. 14. Signs Licensee shall install and maintain appropriate information and warning signs. Licensee shall not be responsible for any existing signs. Licensee shall also install signs designating permitted uses by the genera. public, regulations governing such uses and specifically prohibiting operation of unauthorized motor vehicles. 15. Pollution: Licensee, 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 limitation, those relating to health, safety, noise, environmental protection, waste disposal, water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor, No hazardous materials shall be handled by Licensee at any time upon the Property. Should any discharge, leafage, spillage, emission or pollution of any type occur upon or from the Property caused by Licensee's employees, contractors and agents, Licensee, at its expense, shall be obligated to clean all the property affected thereby,whether owned or controlled by Licensor or any third person, to the satisfaction of Licensor(insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction. To the extent permitted by law,Licensee shall indemnify,hold harmless and defend Licensor and such holders of user rights against all liability, cost and expense (including, without limitation, any fines,penalties,judgments, litigation costs and attorneys' fees) incurred by Licensor and such other users as a result of Licensee's breach of this section or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense is proximately caused solely by the active negligence of Licensor. Licensee shall pay all amounts due Licensor under this section within ten(10)days after any such amounts become due. 16. Fencing: Licensee agrees to maintain, at its expense, all fencing and barricades Licensee installs on the Trail. Licensee shall not be responsible for the maintenance of either residential fencing not installed by Licensee or any other existing fencing. 6 17. Vandalism: Licensee shall,at its own expense,promptly repair all damage to improvements installed by Licensee,to the Property and to existing and future utilities,caused or contributed to by users of the Trail. 18. Graffiti: Licensee shall, at its own expense,promptly clean, repaint or remove any graffiti placed by users of the Trail on improvements installed by Licensee, the Trail, existing and future utilities and fences, walls,bridges and buildings adjoining the Trail. 19, Encroachment Permits: Licensor shall have the sole bight to grant encroachment permits or rights of entry to Permittee within the Property, which does not affect the Trail. Any work to be conducted by Permittee,which may require access on or across the Trail, or may affect the Trail, will require the Permittee to obtain an encroachment permit from Licensee in addition to an encroachment permit from Licensor, so that Licensee's public access concerns may be addressed. 20. Improvement Maintenance: Licensee shall maintain, at its expense, all improvements installed by Licensee, including, but not limited to, gates, signs, fences and bollards. 21, Modification: This License shall be subject to modification or amendment, including the expansion of the Trail to additional areas, only by the written, mutual consent of both parties. 7 22. Entire Agreement: It is understood that this document contains the entire agreement between the parties hereto and all prier understandings or agreements, ural or written, of whatsoever nature regarding the rights hereby granted are superseded by this License and are hereby abrogated and nullified. IN WITNESS WHEREOF,the parties hereto have executed this License, in duplicate, the day and year first above written. Contra Costa County East Bay Regional Parkjpistrict t By By' a� and of Supervisors eneral Manager TEST: Phil Batchelor Clerk of the Board of Supervisors and County Administrator 61By _ . Approved as to form: Approved as to form: Victor J. Westman County Counsel f Byr By ep District Counsel Revised November 24,1948 8 C.C.Co to EBMUD Permanent Floating Access Easement + H((C.C.Go. parcel numbers 51312, 51313, 51315, 51316) �. ISIT"All A non-exclusive 20-feet in width floating access easement over the following parcels of land acquired by Contra Costa County, California, described as follows. 1, Parcel Three of those parcels of land relinquished by the State of California to Contra Costa County recorded July 28, 1970 in Book 6180 of Official Records at page 2_98 `. That pard of land acquired from Barbara J.Slino by Grant Deed recorded April 30, 1993 in Book 18506 of Official Records at page 60. 3. That parcel of land acquired from Albert C. Seeno Construction Company, a limited partnership, and all ether persons claiming an interest in the property by Final Order of Condemnation recorded November 8, 1994 as Series Number 94-273031; 4. That parcel of land acquired from Sal N, Slino and Mildred D. S€ino, oo-trustee's of the Sino Family Trust dated October 23, 1986 by grant Deed recorded April $0, 1993 in Back 18506 of Official Records at page 85, 5. Parcel One of those parcels of land acquired from E.S. Bertagnolli and Geraldine F. Bertagnolli, his wife, as joint tenants, by Grant Deed recorded July 12, 1993 in Book 18736 of Official Records at pare 151. The westerly terminus of said access easement ging the easterly line of the"Contra Costa Canal"and the easterly terminus being the southwesterly line of the"East Say Municipal Utility Distect Aqueduct." The location of said floating easement lies south of and In close proximity to the southerly right of way of State Route 4. Said easement may be relocated In this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating access easement is no longer necessary for its purposes and so notifies grantor in writing then all rights of Grantee In and to said floating access easement shall thereupon cease and terminate and title thereto shall revert to and vest in grantor. Grantee shall execute any quitclaim deed required in this regard. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Su s Act. 0 Signature: Licenaed Land Surveyor Contra Costa County public Works .f . Date: r.irrerca1Nexhibits1CCC-ESMU0 July 23, 1998 Z002 SMA 3111941a 33a CCCZ CTC 2re JV9 OT;2T 1U ed/VT/90 C.C.Co. to EBMUD Permanent Floating Access Easement (C.C.Co. parcel number 51310-3 and portion parcel numbers 51307-1, 51308-1) EXHIBIT"A" A man-exclusive floating access easement over the parcels of land acquired by Contra Costa County, State of California described as follows: 1, parcel 51310-3 of those parcels of land acquired from the Ambrose Pari( Recreation and Parkway District, a political subdivision of the State of California by Grant Dead recorded May 19, 1995 as Series Number 95-079599. 2. A portion of parcel 51307-1 acquired from Charles M. Sowell and Mary Lou Sowell, his wife, by Grant Deed recorded December 30, 1991 in Book 17115 of Official Records at page 38 and a portion of parcel 51308-1 acquired from Rodger Henry Mast and Janice Marie Mast, trustees of the Rodger Henry Mast and Janice Marie Mast Trust of 1990 by Grant Deed recorded June 19, 1992 in Book 17602 of Official Records at page 135 further described as follows: Commencing at the northeast comer of parcel 51307-1 (17115 OR 38) thence along the easterly line of said parcel south 0®4'S'east 91.32 feet to the Point of Beginning, thence from said Point of Beginning south 0*45'east 15.69 feet, to a point on a non-tangent curve, concave to the southeast,a radial to said point bears north 21"49'06"west;thence southwesterly along said curve,having a radius of 495.00 feet-, through a central angle of 91"32'51", an are distance of 99.75 feet',thence north 0"45"east 17.44 feet to a point on a non-tangent curve, concave to the southeast, a radial to said point bears north 32"1636" west, thence northeasterly along said curve, having a radius of 509.50 feet, through a central angle of 11*0727"an arc distance of 98.92 feet to the Point of Beginning. The westerly terminus of said access easement being the easterly right of way line of"Memorial Way" and the easterly terminus being the westerly right of way of the "Contra Costa Canal." The location of said floating easement ties south of and in close proximity to the southerly right of way of State Route 4. Said easement may be relocated in this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating access easement is no longer necessary for Its purposes and so notifies grantor in writing the; all rights of Grantee in and to said floating access easement shall thereupon cease and terminate and title thereto shall revert to and vest in Grantor. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Art. Signature: I W F-Qgy, 7--LicensedLand Surveyor Contra Costa County Public Works Date: g:\cledcaMxhIbIts\Ambrase park Rec,doc July 23, 1998 soQ MOA DIT&Ild 3DO CM CTC 298 XV4 M9T DU 99/tT/90