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HomeMy WebLinkAboutMINUTES - 04032001 - C.5 THE BOARD OF SUPERVISORS AS THE GOVERNING BODY OF THE CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 3, 2001, by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover & Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 1 �R Government Code § 25526.6 Conveyance of an Easement to Crockett - a ona Sanitary District Project No. WH734A Crockett Area CP# 00-42 The Board of Supervisors of Contra Costa County as the Governing Body of the Crockett-Carquinez Fire Protection District ("District") RESOLVES THAT: The District acquired certain real property by deed, in the Crockett area, for fire station purposes. The Crockett-Valona Sanitary District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for sanitary sewer purposes. 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 Crockett-Valona Sanitary District over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6, and the Fire Chief is hereby AUTHORIZED to execute a Grant of Easement and Common Use Agreement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant of Easement and Common Use Agreement to be delivered to the grantee. KAL:bj I hereby certify that this is a true and correct GARealProp\2001-Files\BOs&RES\BR27bVa lona San itaryDistrict.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig. Dept.: Public Works(R/P) date shown. Contact: Karen Laws(313-2228) cc: Grantee(via R/P) ATTESTED: April 3 , 2001 Recorder(via R/P) JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator Bye Deputy RESOLUTION NO. 2001/ 138 RECORDING REQUESTED BY CROCKETT-VALONA SANITARY DISTRICT AFTER RECORDING RETURN TO (� CROCKETT-VALONA SANITARY DISTRICT \I J POST omm BOX 579 CRocKHTT,CALIFORNIA 94525 GRANT OF EASEMENT Grant made , 2001, by Crockett-Carquinez Fire Protection District, Grantor, to Crockett-Valona Sanitary District, Grantee. Grantor, for valuable consideration, grants to Grantee: An exclusive subsurface easement and non-exclusive surface easement for the right to construct, reconstruct, replace, remove, alter, operate, maintain, and repair such sewer line or lines and appurtenances thereto in such sizes and configurations as the Grantee deems necessary within, upon, over, and through all that real property described as follows: (SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF) The easement granted herein includes incidental rights of maintenance, repair, and replacement of said sewer lines or appurtenances together with the free right of ingress and egress over and across the remaining portion of the Grantor's property, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein, and does not unreasonably interfere with Grantor's use, occupation,and enjoyment of Grantor's property. Grantor's and Grantee's rights and obligations with regard to this Easement are delineated in a Common Use Agreement that is attached hereto as Exhibit"B"and made a part herof. This easement shall bind and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, Crockett-Carquinez Fire Protection District has executed these presents by its officers thereunto duly authorized,this day of 22001. CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT Dated: By: Doc#249004 RECORDING REQUESTED BY: / CROCKETT-VAL.ONA SANITARY DISTRICT ArrER RECORDING RETURN To: CROCKETT-VAL.ONA SANITARY DISTRICT POST OFFICE BOX 578 CROCKBTT, CALIFORNIA 94525 COMMON USE AGREEMENT 1. Effective on , 2001 Crockett-Valona Sanitary District ("CVSD") and the Crockett- Carquinez Fire Protection District ("FIRE DISTRICT") hereby mutually agree, consent, promise, and enter into this Common Use Agreement("Agreement")as follows. 2. FIRE DISTRICT owns and possesses certain property ("PROPERTY"), described in Exhibit A,which is attached hereto and incorporated by reference. 3. FIRE DISTRICT has discovered a private sewer pipeline located under the PROPERTY that serves several adjacent properties. The FIRE DISTRICT and CVSD have agreed that some provision must be made for replacement of the private sewer pipeline. 4. In response, CVSD will construct a new sewer pipeline to replace the private sewer pipeline. The new sewer pipeline will be located underground in the PROPERTY as described in Exhibit B ("SEWER PIPELINE% which is attached hereto and incorporated by reference. The location of the sewer.pipeline is hereinafter referred to as"AREA OF COMMON USE." The FIRE DISTRICT will grant to CVSD an easement that will describe the location of the AREA OF COMMON USE. 5. FIRE DISTRICT will construct a new firehouse on the PROPERTY.("FIREHOUSE"). The FIREHOUSE will be located in the AREA OF COMMON USE. 6. The FIRE DISTRICT hereby consents to the maintenance, construction, repair, reconstruction, alteration, replacement, removal, or operation by CVSD of the SEWER PIPELINE under the FIRE DISTRICT's PROPERTY in the AREA OF COMMON USE, subject to the FIRE DISTRICT's paramount rights to use said AREA OF COMMON USE for all of the purposes for which the FIRE DISTRICT acquired the PROPERTY, consistent with the terms and conditions herein contained. 7. CVSD will use its best efforts to accomplish any works of maintenance, construction, repair, reconstruction, alteration, replacement, removal, or operation to its SEWER PIPELINE with a Doc#:24874M i Pagel of 5 - J minimum of disruption to the FIRE DISTRICT. In furtherance of this Agreement, the FIRE DISTRICT and CVSD agree to the following: a. Except in the case of an emergency, before commencing any construction, repair, reconstruction, alteration, replacement, or removal to the SEWER PIPELINE, CVSD will provide the FIRE DISTRICT with notice sufficient to enable the FIRE DISTRICT to protect its PROPERTY. In the case of an emergency, CVSD will provide the FIRE DISTRICT with such prior notice as is reasonable under the emergency circumstances. CVSD shall be responsible for protecting the PROPERTY, when CVSD finds it necessary to accomplish work for the maintenance, construction, repair, reconstruction, alteration, replacement, removal, or operation of its SEWER PIPELINE. b. In the event CVSD identifies an emergency situation, CVSD shall use its best efforts to notify the FIRE DISTRICT immediately of said emergency situation. Emergency shall be defined as a situation that causes discontinuation of the operations of CVSD's SEWER PIPELINE, or a situation which presents an immediate threat to the operation of CVSD's SEWER PIPELINE. An emergency shall also include any rupture, leakage, or other damage to the SEWER PIPELINE that creates a present or immediate threat of creating a health hazard or dangerous condition. c. Except in the case of an emergency, before commencing any construction, repair, reconstruction, alteration, replacement, or removal on the PROPERTY or any structures on the PROPERTY that could impact the SEWER PIPELINE, the FIRE DISTRICT will provide CVSD with notice sufficient to enable CVSD to protect its SEWER PIPELINE. In the case of an emergency,the FIRE DISTRICT will provide CVSD with such prior notice as is reasonable under the emergency circumstances. The FIRE DISTRICT shall be responsible for protecting in place the SEWER PIPELINE, when the FIRE DISTRICT finds it necessary to accomplish work for the maintenance, construction, repair, reconstruction, alteration, replacement, removal, or operation of any of its facilities. d. In the event the FIRE DISTRICT identifies an emergency situation, the FIRE DISTRICT shall use its best efforts to notify CVSD immediately of said emergency situation. Emergency shall be defined as a situation that causes substantial interference with or discontinuation of the operations of the FIRE DISTRICT on the PROPERTY, or a situation which presents an immediate threat to the operations of the FIRE DISTRICT on the PROPERTY. An emergency shall also include any circumstance on the PROPERTY, or any drainage structures on the PROPERTY, that creates a present or immediate threat of creating a health hazard or dangerous condition. 8. Any damage done to the SEWER PIPELINE caused by the FIRE DISTRICT shall be repaired by the FIRE DISTRICT at its sole cost and expense, except to the extent any such damage to the SEWER PIPELINE was caused in part by the active negligence or willful misconduct of CVSD, its agents, contractor, or employees. In such case,.the damage shall be repaired by CVSD at its cost and Doc#:248740v01 Page 2 of 5 expense. 9. Any damage done to the PROPERTY or to any structures on the PROPERTY caused by CVSD shall be repaired by CVSD at its sole cost and expense, except to the extent any such damage to the PROPERTY or to any structures on the PROPERTY was caused in part by the active negligence or willful misconduct of the FIRE DISTRICT, its agents, contractor, or employees. In such case, the damage shall be repaired by the FIRE DISTRICT at its cost and expense. 10. When CVSD determines to undertake a project that shall necessitate access to or repair of the SEWER PIPELINE within the PROPERTY, CVSD shall notify the FIRE DISTRICT of the need to have access to or repair of the SEWER PIPELINE. CVSD shall submit an access or repair plan to the FIRE DISTRICT within fifteen (15) calendar days of CVSD's notice to the FIRE DISTRICT. The FIRE DISTRICT shall review and comment on the plan within fifteen(15) calendar days of its receipt. CVSD shall modify the plan to incorporate the FIRE DISTRICT's comments and resubmit the plan for the FIRE DISTRICT's approval. The approval by the FIRE DISTRICT shall not be unreasonably withheld. 11. CVSD shall defend, indemnify, save, and hold harmless the FIRE DISTRICT and its boards, directors, officers, and employees from any and all claims, costs, and liabilities for any damages, and injury or death arising from or connected with the maintenance, construction, repair, reconstruction, alteration, replacement, removal,location, or operation of the SEWER PIPELINE by CVSD or by any other person or entity, except for such claims, costs, and liabilities for damages resulting from the FIRE DISTRICT's active negligence or willful misconduct. 12. The FIRE DISTRICT shall defend, indemnify, save, and hold harmless CVSD and its boards, directors, officers, and employees from any and all claims, costs, and liabilities for any damages, and injury or death arising from or connected with the maintenance, construction, repair, reconstruction, alteration, replacement, removal, location, or operation of the PROPERTY and any structures on the PROPERTY by the FIRE DISTRICT or by any other person or entity, except for such claims, costs, and liabilities for damages resulting from CVSD's active negligence or willful misconduct. 13. CVSD's shall use its best efforts in maintaining, constructing, repairing, reconstructing, altering, replacing, removing, or operating the SEWER PIPELINE and in exercising any rights hereunder to not interfere with the FIRE DISTRICT's use of said PROPERTY. 14. All facilities, structures, or improvements installed or located by CVSD within the PROPERTY shall at all times be maintained in good, safe, and orderly condition to the reasonable satisfaction of the FIRE DISTRICT at CVSD's sole cost and expense. 15. CVSD agrees to request the procurement and constant maintenance of a comprehensive general liability and vehicle insurance policy that provides protection from claims which may arise from its operations or performance in the PROPERTY. If CVSD has any work to the SEWER PIPELINE undertaken by a contractor, CVSD shall require the contractor to provide evidence of the same liability Doca:248740v01 Page 3 of 5 a'' • insurance coverage. For all insurance the amounts of insurance shall not be less than the following: single limit coverage applying to bodily and personal injury liability and property damage, one million dollars per occurrence. CVSD shall furnish the FIRE DISTRICT with evidence of such coverage, naming the FIRE DISTRICT and its officers, directors, and employees as additional insureds under the policy as to the work and operations being performed on the PROPERTY. The coverage shall not be cancelled or materially altered unless thirty (30) days written notice is first given to the FIRE. DISTRICT. 16. This Agreement and all of the terms and conditions herein contained shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the respective parties hereto. Any revision to this Agreement will not be effective unless in writing, and executed by both parties. 17. This Agreement is intended to only address issues related to the FIRE DISTRICT's permission concerning the maintenance, construction, repair, reconstruction, alteration, replacement, removal, location, or operation of the SEWER PIPELINE within the PROPERTY and to no other act or use by CVSD or others within such PROPERTY. This Agreement shall not be construed to amend or modify the FIRE DISTRICT's rights to the PROPERTY. 18. All notices (including requests, demands, approvals, or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall.be deemed delivered three(3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When delivered by facsimile or similar means, notice shall be deemed delivered one (1) business day after the day it was transmitted by facsimile or similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices. (5) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: NO:24874Ovoi Page 4 of 5 CVSD: FIRE DISTRICT: Kent G.Peterson Gerald Littleton, Jr. District Manager Fire Chief Crockett-Valona Sanitary District Crockett-Carquinez Fire Protection District P.O. Box 578 746 Loring Avenue Crockett, California 94525 Crockett., California 94525 Telephone: (510)787-2992 Telephone: (510)787-2717 Facsimile: (510)787-2459 Facsimile: (510)787-2723 or to such other addresses and facsimile numbers as any party may respectively designate by written notice to the others. . CROCKETT-VALONA CROCKETT-CARQUINEZ SANITARY DISTRICT FIRE PROTECTION DISTRICT By: By: President of the Board of Directors By: By: Secretary of the District ALL PARTIES MUST ATTACH APPROPRIATE ACKNOWLEDGEMENT Doc#:24874ovol Page 5 of 5